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Case Dismissed
Assault & Battery
Charges: aggravated battery/serious bodily injury/deadly weapon, armed burglary/assault
Facts:
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. 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.
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Case Dismissed
Criminal Defense
Charge: Armed Robbery with a firearm
Facts: 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.
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Case Dismissed
Assault & Battery
Charge:
Battery
Facts:
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.
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Resolved
Assault & Battery
Charge: Burglary Battery
Facts: 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.
Result: Case Resolved for Non-Prison Sentence
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Charges Not Filed
Criminal Defense
Charge: Disorderly Conduct
Facts: 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.
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Dismissed
Assault & Battery
Charge: domestic battery and civil petition for restraining order
Facts: 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.
Results: dismissed, petition for injunction also dismissed
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Dismissed
Assault & Battery
Charge:
Domestic Violence Battery/Intimidating a Witness
Facts:
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.
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Dismissed
Assault & Battery
Charge:
Domestic Violence Battery
Facts: 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.
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Charges Dropped
Assault & Battery
Charge: Domestic Violence Battery
Facts: 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.
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Charges Dismissed
Assault & Battery
Charge: Domestic Violence Battery
Facts: 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.
Results:Charges Dismissed & Injuction Dissolved
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No Conviction
Drug Crimes
Charges: producing marijuana
Facts: 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.
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Case Dismissed
Drug Crimes
Charges: Possession of controlled substance
Facts: 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.
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Charges: driving under the influence (dui), disorderly intoxication, resisting
officer without violence
Facts: client was riding a motor scooter on ocean drive when she was stopped
for a traffic violation. She allegedly became irate with 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 a reckless
driving without a conviction and get the disorderly intoxication and resisting
without violence charge dismissed for lack of evidence.
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Case Was Not Filed
Criminal Defense
Charge:
Failure
to Obey a Police Officer
Facts:
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.
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Case Dismissed
Theft Crimes
Charge: Grand Theft?
Facts: 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.
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Case Dismissed
Criminal Defense
Charges: criminal mischief, disorderly intoxication
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Dismissed
Probation Violation
Charge:
Violation of Probation for Voyeurism and Battery
Facts:
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.
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Charge: retail theft
Facts: 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.
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Charges Dismissed
Theft Crimes
Charges: petit theft, resist officer with violence, possession of drug paraphernalia,
tampering with evidence
Facts: 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.
Mr. Schwartz was able to get charges reduced and have cases transferred
to misdemeanor court, b12-17074. Where client received no conviction for
petit theft charge and got all other charges dismissed.
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Dismissed
Criminal Defense
Charge: possession of alcohol under 21
Facts: 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.
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