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Case Results

  • Case Dismissed
    Burglary of Conveyance and Battery on Elderly
    Contentious case where alleged victim, elderly woman, and client were involved in an incident of road rage after she stole a parking spot. The allegation was burglary due to her testimony that he put his arm in her car to take her keys and battered her. Result: After a year of discovery and depositions of alleged victim, eyewitnesses and investigative officers, Mr. Schwartz was able to convince the prosecutor that the allegations lacked credibility notwithstanding her financial motivations and the case was dismissed.
  • Case and Injunction Dismissed
    Domestic Violence Battery
    Client charged with Domestic Violence Battery, Civil Injunction for Repeat Violence, and a new case for Violation of Injunction. Mr. Schwartz convinced the court to dismiss the Injunction and convinced the prosecutor that the victim's credibility was less than noble. The Injunction was dismissed and the Criminal Domestic Violence Battery charges were dismissed.
  • Case Dismissed
    Retail Theft Crime
    Client was charged with retail theft from a popular department store, who utilized surveillance footage. Mr. Schwartz was able to convince the assistant state attorney that there was insufficient evidence to establish proof beyond a reasonable doubt.
  • Case Dismissed
    Criminal Mischief and Disorderly Intoxication
    Client charged with criminal mischief and disorderly intoxication.
  • Case Dismissed
    Grand Theft
    Client, who is a police officer from out of state, was seen taking an expensive piece of jewelry out of a bin at an airport security checkpoint. Mr. Schwartz was able to convince the assistant state attorney that they could not prove that he intended to permanently deprive the rightful owner of the jewelry and the case was dismissed. Client was able to keep his job as a police officer.
  • Case Dismissed
    Aggravated Battery
    Client was with girlfriend at another classmate's apartment. A fight over the girlfriend ensued and client allegedly went into apartment without consent and hit "victim," injuring him. Client was charged with aggravated battery with serious bodily injury and deadly weapon, and armed burglary with assault. Mr. Schwartz was able to establish through sworn testimony that the state's case would be weak and that the defendant is a good kid. Defendant was facing life in prison if convicted.
  • Case Dismissed
    Probation Violation
    Client was on probation for Voyeurism and Battery and violated his probation by being charged with a new crime of Loitering or Prowling. Client was faced over a year in jail if found guilty of the violation of probation. At the final hearing, the Assistant State Attorney attempted to introduce evidence by the police officers and other witnesses who did not see the actual incident occur and Mr. Hager objected to the judge considering such evidence based on hearsay.
  • Case Dismissed
    Domestic Violence Battery and Intimidating a Witness
    Client was charged with a battery on his wife and was alleged to have intimidated her into not contacting the police. Client was arrested and ultimately Mr. Hager spoke with the victim who did not wish to pursue this case. A waiver of prosecution was drafted by Mr. Hager and the wife signed the form and it was forwarded to the State Attorney’s Office and the case was ultimately dismissed.
  • Case Dismissed
    Domestic Violence Battery
    Client was charged with a battery on his wife and was alleged to have striking her in the face with a closed fist. A sworn statement was taken and photos were taken of the victim. Client was arrested and ultimately Mr. Hager spoke with the victim who did not wish to pursue this case and he obtained a sworn statement from the alleged victim and it was forwarded to the State Attorney’s Office and the case was ultimately dismissed.
  • Case Was Not Filed
    Failure to Obey a Police Officer
    The evidence was that at an inoperable light where a police officer was directing traffic. The officer walked away from the area where he was directing traffic and our client treated the intersection as a four-way stop. The police officer pulled her over after she proceeded through the intersection without him directing her to drive. Mr. Hager spoke to the prosecutor about the lack of evidence that there was in the case and the case was not filed because there was no reasonable likelihood of conviction.
  • Case Dismissed
    Battery
    Our client was arrested due to an alleged fight that he had with his neighbor on October 5, 2008. The State Attorney filed the case on April 13, 2009, which was more than 90 days from the date in which the client had been arrested. Therefore, Mr. Hager filed a Motion to Discharge the case because the case was not filed timely pursuant to Florida Criminal Rules of Procedure 3.191 and the case was dismissed by the prosecutor.
  • Charges Dropped
    Domestic Violence Battery
    Client was arrested for domestic violence against her boyfriend and there were two independent witnesses to the incident. The victim had visible injuries as well. Mr. Hager convinced the alleged victim to sign a Waiver of Prosecution with respect to pursuing charges against his girlfriend. The case was never filed after the waiver was sent to the filing prosecutor.
  • Case Dismissed and Injuction Dissolved
    Domestic Violence Battery

    Client was arrested after his wife contacted the police and stated that Client pushed her and caused her to spill hot water on her, thus causing a burn. Police arrested Client and subsequently wife filed a restraining order against him due to this incident. Mr. Hager set the wife for deposition and she appeared to be very untruthful. Eventually, Mr. Hager convinced the wife to drop all charges against Client in the criminal case and also to dissolve the temporary injunction against him. The prosecutor was shown a copy of the wife’s deposition and the case was eventually dismissed due to her being untruthful.

  • Case Resolved with No Jail/Prison Time
    Burglary Battery

    Client was arrested after he broke into a hotel room and battered an acquaintance. Client repeatedly punched the alleged victim and caused several lacerations to his hand. This case is a first degree felony, punishable by 30 years in prison, and the Client scored a mandatory prison sentence. The prosecutor initially offered a prison sentence and Mr. Hager set the deposition of the alleged victim. The alleged victim was nowhere to be found and a Motion to Compel the State to provide the witness for deposition was filed. The prosecutor agreed to resolve the case for a non-prison sentence and offered Client four years' probation.

  • Charges Not Filed
    Disorderly Conduct
    Client was arrested for disorderly conduct after police came to his residence due to a loud disturbance. This case was sent to the city prosecutor for case filing. Mr. Hager monitored the case due to the case not being filed within speedy trial time limits. Mr. Hager eventually contacted the city prosecutor on the last day of the speedy trial period and he agreed to dismiss the case against Client since he failed to file the case timely.
  • Case Dismissed
    Underage Possession
    Client was charged with possession alcohol on a recreational boat where alcohol and drugs were found. Mr. Schwartz was able to convince the government that there was no evidence to establish that the client was actually in possession of any drugs or alcohol other than her statements.
  • Charges Reduced
    DUI, Disorderly Intoxication, and Resisting Officer without Violence
    Client was riding a motor scooter on ocean drive when she was stopped for a traffic violation. She allegedly became irate with the officer, who ordered the usual field sobriety exercises and subsequent breath test as part of his DUI investigation, which registered at double the legal limit. Mr. Schwartz was able to get the DUI charge reduced to reckless driving without a conviction and get the disorderly intoxication and resisting without violence charge dismissed for lack of evidence.
  • Case and Injunction Dismissed
    Domestic Battery and Civil Petition for Restraining Order

    Client's ex-girlfriend turned manipulative after a breakup. As a result, she decided to make false allegations of domestic battery and file a corresponding petition for restraining order based on same facts and alleged incident. Mr. Schwartz was able to establish that the "victim" lacked credibility and got the criminal case dismissed. In addition, Mr. Schwartz was able to get the petition for restraining order dismissed and the client was able to avoid a record that a permanent restraining order would have caused.

  • Case Dismissed
    Armed Robbery
    Client was charged with two other co-defendants with robbing another individual over some narcotics. There was gunfire exchanged and all three co-defendants were arrested for the charge. I was able to convince the assistant state attorney after discovery and depositions that there was insufficient evidence to prove that my client was involved in the robbery. The other two codefendants went to Florida state prison.
  • Case Dismissed
    Drug Possession
    Client was riding a motorcycle in Miami Beach when he was stopped. Police decided to search the storage compartments for the motorcycle, where they found narcotics. Mr. Schwartz was able to establish that the police officer conducted an illegal search and thus the narcotics found were illegally seized.
  • Charges Dismissed
    Theft and Possession

    Client was seen by in store security concealing some tools. When approached, he became angry and tossed the merchandise away. Search incident to arrest revealed a small amount of drug residue in his pocket. Client was charged with petit theft, resisting officer with violence, possession of drug paraphernalia, and tampering with evidence. Mr. Schwartz was able to get charges reduced and have cases transferred to misdemeanor court, where client received no conviction for petit theft charge and got all other charges dismissed.

  • No Conviction
    Drug Crime
    Client charged with producing marijuana and the Judge in Fort Myers (Lee County) issued a $150,000 bond. Mr. Schwartz immediately set hearing to reduce bond and client got out of jail without having to pay bond and resolved case with 2 years' probation and no conviction. Client was facing five years in Florida state prison and a two-year driver's license suspension.
  • Charges Were Not Filed
    Battery

    Client and girlfriend had an argument and he slapped his girlfriend, threatened to kill her, grabbed his girlfriend by the neck, and obstructed her airway until she was about to lose consciousness. She sustained a large red bruise on the right side of her neck. The victim contacted our o?ce and we assisted her in executing a waiver of prosecution as she did not want to testify against her boyfriend. Ultimately, the charges were not filed.

  • Charges Reduced and a Non-Conviction
    Driving Under the Influence

    Client was observed swerving and failing to maintain a single lane and driving on a flat tire. She was observed to have slurred speech, smelled of alcohol and admitted to having several drinks of vodka. Client performed poorly on the field sobriety exercises and had a breath test result of .137/.135.

  • Case Dismissed
    Failure to Obey a Law Enforcement Officer

    Client was stopped for speeding and investigated for driving under the influence. Hewas told to keep his hands on the steering wheel while being detained and failed to do so while having a handgun in the car. He was ordered to exit the vehicle and did not obey the commands of the o?cer. He was forcibly removed and brought to the ground and was placed under arrest.

  • Case Dismissed
    Violence Battery

    Police responded to a domestic violence complaint by the wife of our client. She told police that, after having an argument, her husband picked her up and forced her into the home, pushed her into one of the bedrooms, and grabbed her by the neck.

  • All Charges Dismissed
    Bodily Injury

    Client was observed driving and colliding with a city bus and left the scene of the accident. Police caught up with the client’s vehicle and when they stopped the vehicle and opened the door, client was impaired to the extent that he fell out of the vehicle. Due to the client being too impaired, he was unable to perform the field sobriety exercises and he did not provide a breath sample. Ultimately, we had the case transferred out of the regular trial division and transfer into Veterans Court since client was a veteran of the armed forces and was honorably discharged. After he completed the terms and conditions of Veterans Court, all charges were dismissed.