CASE DISMISSED! JUDGE THROWS OUT ALL 22 COUNTS
The State of Florida v. Douglas Livingston:
Douglas Livingston was charged with Aggravated White Collar Crime, Organized Scheme to Defraud and multiple counts of Grand Theft. As an employee of Home Team Advantage (HTA), Mr. Livingston accepted initial deposits for projects and HTA performed work on almost all of them. Attorney Weinstein contended that the Broward Sheriff’s office solicited dissatisfied customers- which does not make them victims of a crime. Moreover, case law states that for “grand theft” to occur, the requisite criminal intent must be at the time of taking the deposits. Without any intent to commit a crime, the State failed to meet their burden of proof. Finally, the State also argued the work was poorly performed. However, Mr. Weinstein also showed that shoddy, defective or incomplete construction will not suffice to show the intent necessary for Grand Theft. The judge agreed and accepted Weinstein’s Motion for Judgment of Acquittal. Case Dismissed- all 22 counts dropped!
FACED 45-YEARS IN PRISON FOR MANSLAUGHTER… GOT PROBATION!
The State of Florida v. Mardala Derival:
A high-profile case, Mardala Derival was charged with Manslaughter and Aggravated Child Abuse and faced 45-years in prison for allegedly adding vodka to her baby’s formula, resulting in her death. After a 3 week jury trial, Mrs. Derival was acquitted of the Manslaughter and found guilty of a lesser offense on Count II. The court withheld adjudication of guilt and sentenced the defendant to Probation.
JURY DELIBERATES FOR 10 MINUTES: NOT GUILTY!
State of Florida v. Christopher Douglas:
This was the second time Mr. Weinstein represented Mr. Douglas. In this case, he was charged with Delivery of Cocaine. Despite the chance of Probation with a plea bargain, our client wished to exercise his right to a trial. We used a combination defense including lack of evidence, impeaching the lead detective with his deposition testimony, and the client’s own testimony. The jury deliberated for less than ten minutes! The result was Not Guilty.
RICO CASE DISMISSED!
The State of Florida v. Michael Trupiano:
Mr. Trupiano was charged with Racketeer Influenced and Corrupt Organizations Act, Conspiracy Rico, Bookmaking, Conspiracy to Commit Bookmaking and Conducting Transactions with Unlawful Proceeds. He was charged with 26 other co-defendants. After an extensive discovery in which we determined that there was no evidence against him, we filed a Sworn Motion to Dismiss. The court granted the motion and Dismissed All Counts against Mr. Trupiano.
ALL CHARGES DROPPED AGAINST JUVENILE DEFENDANT!
The State of Florida v. C.C.:
The Juvenile Defendant was arrested and charged with a co-defendant for Loitering and Prowling and Carrying a Concealed Firearm. He was facing Juvenile Sanctions if convicted. We drafted a Motion to Suppress and had a full Evidentiary Hearing: the court ruled that C.C. was unlawfully detained and suppressed the arrest. Having no further evidence, the State Dropped All Charges.
FEDERAL COUNTERFEIT CASE: NOT GUILTY!
The United States of America v. Limour Nahoum:
Thousands of purses- alleged to be imitations of designer brands- were confiscated by the Federal Government. Mrs. Nahoum was among 5 co-defendants charged with trafficking in Counterfeit Goods in Federal Court. The U.S. Attorney’s Office was seeking prison sentences for all defendants. After a 2-week trial, the jury found all five co-defendants Not Guilty and the court ordered the purses be returned to the defendants.
NO CONVICTION FOR UNLICENSED BUILDING OFFICIAL!
The State of Florida v. Ronald Morgan:
Mr. Morgan was Acting Building Official for the Broward County School Board. The State Attorney’s Office launched an investigation when it learned that buildings were being permitted while the Building Official’s License had lapsed. We negotiated early in the process with the State Attorney’s Office, and agreed to only one of three counts and to Withhold Any Conviction after a short period of probation.
DRUG CHARGES DROPPED!
The State of Florida v. Timothy Linhart:
Mr. Linhart was charged with Possession of Cocaine, Possess/Sell/Deliver Alprazolam, Possession of Hydrocodone, Possession of Morphine, Possession of Cannabis/20g or less and Possession of Drug Paraphernalia. After doing Discovery and pointing out proof problems, the Prosecutor’s office Dropped All Charges.
POST-CONVICTION RELIEF!
The State of Florida v. Braulio Morejon:
This was a Motion for Post-Conviction Relief pursuant to Florida Rule of Criminal Procedure 3.850. We won the argument that Mr. Morejon’s plea was not made freely and voluntarily. The court vacated the plea and the Prosecutor dismissed the case.
NOT GUILTY ON ALL COUNTS!
The State of Florida v Tavaris Brown:
Mr. Brown was accused of allegedly trying to cash a stolen check and was charged with Uttering a Forged Instrument and Petit Theft. He was facing 6 years incarceration; after trial, the jury found him Not Guilty.
ALL DRUG CHARGES DISMISSED!
The State of Florida v. Brian Jean:
While playing basketball, deputies stopped Mr. Jean and his friends and started questioning them. He was held and not allowed to leave until a drug dog arrived; the dog found a small quantity of drugs in his vehicle and charged Mr. Jean with Possession- he was facing 5 years in prison. We proved to the court that our client was unlawfully detained and did not allow the drugs into evidence. The State Dropped All Charges.
ANOTHER VICTORY!
The State of Florida v. Michael Villa:
Mr. Villa was accused of battery on a police officer, resisting an officer with violence and faced 10 years in prison. After a contentious three day trial in Miami-Dade Circuit Court, the jury came back with one misdemeanor for a lesser included offense. Instead of 10 years in prison, he only served 180 days in the county jail and is not a convicted felon.
NOT GUILTY ON ALL COUNTS!
The State of Florida v. Christopher Douglas:
Mr. Douglas was charged with Trespassing, Battery on a Police Officer, and Resisting an Officer Without Violence. He faced 7 years behind bars. After a Jury Trial, our client was found Not Guilty on All Counts!
FLEEING AND ELUDING CASE DISMISSED!
The State of Florida v. Cordero Walker:
Mr. Walker was charged with Fleeing and Eluding. After Mr. Weinstein took depositions in the case, the Prosecutor agreed that our client’s conduct did not rise to the level of criminal activity and the charge was dropped.
LEGAL DISCLAIMER
FLORIDA BAR STATEMENT:
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask the lawyer to send you free written information about the lawyer’s qualifications and experience.
PRIVACY POLICY:
We are committed to protecting your privacy and the information you enter on our site is held in confidence between you and our attorneys. We do not sell, trade, or rent your personal information to others.
DISCLAIMER:
The facts of every case are different and unique. Michael D. Weinstein PA cannot make any promises or guarantees to the outcome of your or any particular case. The above posted results should not be relied upon for a guarantee as to your case.
