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Recent Case Results

Leaving the Scene of an Accident

2019-CT-0087XX-A-W

County: Orange

Facts

Law enforcement officers were called to a neighborhood where a vehicle had struck a parked car and the driver left the scene. Officers later arrested our client at his home.

Outcome

After analyzing the case facts, we felt confident in setting the case for trial. Before the trial commenced, the State amended the charge to a non-criminal citation with a small fine.

Driving Under the Influence, Driving Under the Influence with Property Damage, Leaving the Scene of an Accident, and Resisting an Officer without Violence

2019-MM-0058XX-A

County: Seminole

Facts

Police responded to an apartment complex due to a 911 call of a vehicle striking a fence. Upon arrival, police found the damaged fence and vehicle but no driver. Our client was ordered out of his apartment and arrested for multiple criminal charges.

Outcome

Motions to suppress evidence were filed by our firm and a hearing was held. We cross-examined the police officers on the stand. Then we presented a compelling argument to the judge regarding constitutional violations as well as identification issues of the eye-witnesses. The judge agreed with our arguments and granted our motions.

ALL CHARGES DISMISSED.

Attaching Tag Not Assigned

2019-CT-0023XX-A-W

County: Orange

Facts

While driving his truck, our client was stopped and charged with the crime of attaching a tag to a vehicle to which it did not belong. This was a misdemeanor criminal charge.

Outcome

We had the criminal charge reduced to a non-criminal, non-moving violation with a small fine and no points.

Lewd/Lascivious Molestation by Person 18 or Older of Person Under 12

2019-CF-0038XX

County: Osceola

Facts

Our client was arrested for accusations of molestation of a child. The only evidence available to the State was the alleged accusations by the alleged victim.

Outcome

We were able to provide the State Attorney with information regarding the unreliability of the accusations, the lack of evidence in the case, and was able to point the State Attorney to independent witness statements related to the victim’s character for untruthfulness prior to the filing of formal charges. 

CASE DISMISSED.

Battery Domestic Violence

2019-MM-0041XX

County: Orange

Facts

Our client was accused of touching and striking the alleged victim against her will. This incident was reported by an independent party not involved in the matter.

Outcome

We reviewed the report, made contact with the alleged victim, and obtained a notarized declination of prosecution. We then made contact with the prosecutor to push for dismissal prior to the filing of formal charges.

CASE DISMISSED.

Grand Theft; Credit Card Fraud

2019-CF-0020XX

County: Seminole 

Facts

Our client was falsely accused of using a fraudulent credit card to purchase merchandise at a retail store. Police accused our client of illegally taking goods from the store using a credit card that belonged to another.

Outcome

After a thorough investigation of our client’s case and the lack of evidence in the case, obtaining alibi information from our client, and conducting depositions, we were able to successfully have this case dropped without putting our client through the trial process.

CASE DISMISSED.

VOP – Driving Under the Influence

2019-MM-0021XX

County: Seminole 

Facts

A warrant was issued for failure to appear at the violation of probation arraignment hearing. Our client was violated for failure to pay court costs and fines. 

Outcome

We filed a Motion to have the Warrant set aside and set the matter for hearing. Prior to proceeding on the Motion hearing, we were able to negotiate with the State Attorney for a Dismissal of the Violation and Termination of Probation.

VOP Dismissed. Probation Terminated.

Fleeing or Attempting to Elude A Law Enforcement Officer

Case#: 2019-CF-0063XX-A-O

County: Orange

Facts

Our client was accused of failing to stop for an officer, who was attempting to make a traffic stop of their vehicle. The officer advised that his emergency lights and sirens were activated at the time the stop was being initiated.

Outcome

Credit for Time Served with no further sanctions.

Attempted Murder, Aggravated Assault with Firearm, Battery-Domestic Violence 

Case#: 2019-CF-005XXX-A-O

County: Orange

Facts 

Client accused of battering ex-girlfriend. A confrontation resulted between our client and multiple individuals. A firearm was displayed, shots were fired, and an individual was shot.

Outcome

We reviewed available video footage and 911 calls. We conducted depositions and filed a Motion to Dismiss based on Stand Your Ground. Prior to the hearing on the Stand Your Ground Motion we negotiated with the State to get the charge reduced to a misdemeanor with credit for time served. 

Attempted Murder & Aggravated Assault DISMISSED.

Carrying Concealed Weapon

Case#: 2019-MM-0010XX-A-OS

County: Osceola

Facts

Our client was stopped and searched. Subsequent to search, the client was found in possession of a knife (larger than a common pocket-knife).

Outcome

We researched the issue of concealment and the size limits of a common pocket-knife. We reviewed photographs and evidence, and negotiated with the State. Credit for time served.

Battery Domestic Violence

Case#: 2019-MM-0038XX-A-O

County: Orange

Facts

Our client was accused of battering their partner. Because there were not serious injuries, this was charged as a misdemeanor offense.

Outcome

We reviewed the report, made contact with the alleged victim, and obtained a notarized declination of prosecution. We then made contact with the prosecutor to push for a dismissal prior to the filing of formal charges.

CASE DISMISSED.

Driving while License Suspended (HTO)

Case#: 2019-CT-0010XX-A-W

County: Orange

Facts

Client was caught driving with a license that was suspended for failure to pay fines, FR Judgment as a result of an accident, and HTO suspension.

Outcome

We negotiated with the civil firm to reduce a judgment that was placed against our client’s driver’s license, successfully removed the HTO suspension from our client’s driver’s license record, and negotiated with the State.

CASE DISMISSED… and Driver’s License Reinstated!

Battery Domestic Violence

Case#: 2019-MM-0029XX-A-O

County: Orange

Facts 

Our Client was accused of battering their partner. Video footage was available in this case. Our client was also at risk of losing their job as a result of this case.

Outcome

We reviewed the evidence in the case, made contact with the alleged victim and the State and pushed for a dismissal prior to formal charges being filed.

CASE DISMISSED.

Improper Exhibition of Weapon/Firearm

Case#: 2018-MM-0013XX-A-W

County: Orange

Facts

Our client retained us the day before his trial date. He was unsatisfied with his private attorney who encouraged him to plead to the charge and accept probation. Our client was accused of improperly displaying a firearm in front of multiple witnesses. 

Outcome

We reviewed the case and the evidence the night before trial. The next morning, prior to jury selection, our attorneys told the prosecutor the reasons why our client will not plead guilty and why we will win at trial. We announced ready for trial with the judge.

Violation of Probation-Aggravated Battery

Case#: 2017-CF-0000XX-A-OS

County: Osceola

Facts

Our Client was accused of violating the curfew condition of his probation. Client is accused of not being at the approved residence when the probation officer arrived at the residence around 3:00 a.m.

Outcome

We filed a Motion to Set Bond and presented the State Attorney with the defense to the curfew violation. Instead of going forward with the Motion to Set Bond, we were able to show the prosecutor that we had a valid defense for our client. The VOP was dismissed and the client was reinstated with no additional sanctions.

VIOLATION DISMISSED.

Diving Under the Influence >0.15 BAL- 2nd Offense

Case#: 2017-CT-0003XX-A-O

County: Orange

Facts Police responded to a call of a man down. Upon arrival, they found a driver passed out behind the wheel. The driver smelled of alcohol and had regurgitated upon himself. He was arrested for DUI and blew 0.161 and 0.159 into the intoxilyzer.

Outcome Charge reduced to reckless driving with first time minimum penalties.

Sexual Intercourse on Multiple Occassions Without Informed Consent While Infected With HIV

Case#: 2017-CT-0066XX-A-O

County: Orange

Facts The media relentlessly hounded our client who was accussed of committing a first degree felony punishable by up to 30 years in prison. We were confident in our client’s innocence and maintained that position through the entirely of the case.

Outcome

We conducted legal research, witness interviews, and depositions which eventually lead to the ultimate vindication of our client.

CASE DISMISSED. 

Driving with No Motorcycle Endorsement

Case#: 2017-CT-0004XX-A-O

County: Orange

Facts A motorcyclist was stopped for not having a registration tag. The police officer learned that he did not have an endorsement to operate a motorcycle, which is a misdemeanor criminal offense. The rider was arrested and taken to jail.

Outcome CASE DISMISSED.

Driving Under the Influence

Case#: 2017-CT-0009XX-A-W

County: Orange

Facts A driver blew through a stop sign causing a collision with another vehicle. When police arrived they spoke with an independent witness who observed everything. The police conducted a crash investigation and then turned their attention to a DUI investigation of the driver who ran the stop sign. The driver did not perform well on the field sobriety exercises and the police noticed many open alcohol containers within her vehicle. She was arrested for DUI and blew over the legal limit.

Outcome We filed four motions on her behalf and set the case for hearing. The charge was reduced to Reckless Driving-Alcohol Related, Withhold Adjudication, minimum sanctions, and no driver’s license suspension.

Driving While License Suspended

Case#: 2017-CT-0004XX-A-O

County: Orange

Facts Our client was caught driving with a suspended license. The State of Florida suspended his driving privileges due to a point suspension. It was also expired at the time of his arrest.

Outcome Criminal charge reduced to civil infraction

Leaving the Scene of an Accident-Serious Bodily Injury

Case#: 2016-CF-0147XX-A-O

County: Orange

Facts While driving home one night in a dark rural area, a pedestrian stepped into the roadway and was struck by a driver. The driver was travelling in a safe manner and while not at fault for the accident, got scared and fled the scene. The pedestrian suffered serious injuries as a result of the accident and the driver was charged with a 2nd degree felony and faced a maximum of 15 years prison.

Outcome Charge reduced to a 2nd degree misdemeanor with 6 months probation and no jail

Possession of Drug Paraphernalia

Case#: 2016-MM-0105XX-A-O

County: Orange

Facts On a traffic stop a police officer smelled cannabis coming from the vehicle. Upon searching the interior he discovered a glass pipe in a bag under the driver’s seat. The prosecutor offered our client Pre-Trial Diversion. We declined and demanded a trial.

Outcome CASE DISMISSED.

Driving Under the Influence and Leaving the Scene of an Accident

Case#: 2016-CT-0037XX-A-O and 2016-CT-0037XX-A-O

County: Osceola

Facts While driving on Osceola Parkway, a driver crashed into another vehicle at an intersection. He left the scene and was eventually apprehended by police after his tires disintegrated to the rim. Police noticed odor of alcohol and the driver refused to do field sobriety exercises. We fully investigated our client’s case including collecting phone records, business record certificates, 911 recordings, and dispatcher notes. We filed motions to suppress and exclude evidence.

Outcome Leaving the Scene: Withhold of Adjudication and no jail.

DUI DISMISSED.

Battery on a Law Enforcement Officer

Case#: 2016-CF-0116XX-A-O

County: Orange

Facts An unruly bar patron caused a disturbance which resulted in the police being called. Police officers requested that he calm down and sit on the curb which he did not. Officers used pepper spray and the man resisted physically and spit on the officer.

Outcome The felony was reduced to a misdemeanor simple battery. No jail, probation, or other sanctions.

Possession of Cannabis With Intent to Sell

Case#: 2016-CF-0108XX-A-O

County: Orange

Facts A driver was stopped for having no tag lights. The police officer noticed the driver was nervous and shaking. He could smell the odor of cannabis coming from inside the vehicle. Upon searching the vehicle, the officer discovered 734 grams of Cannabis. The prosecutor wanted 120 days jail followed by 24 months probation.

Outcome Charge reduced to Possession of Cannabis > 20g with 24 months probation and no jail.

Driving Under the Influence

Case#: 2016-CT-0092XX-A-O

County: Orange

Facts At Pointe Orlando, a police officer conducted a traffic stop on an Uber driver who was attempting to pick up a fare. The officer said that he smelled alcohol on the driver and had him perform field sobriety exercises. The driver was arrested for DUI and blew over the legal limit.

Outcome We filed a motion to suppress. At the hearing our motion was granted and all evidence was excluded. CASE DISMISSED.

Violation of Probation-Resisting an Officer Without Violence

Case#: 2015-MM-0004XX-A-O

County: Orange

Facts After being placed on probation with court ordered sanctions, the probationer failed to complete everything by his due date. On his VOP, the State was seeking a 45 day jail sentence.

Outcome VOP Dismissed. Probation terminated.

Traveling to Meet a Minor, Failure to Appear

2006-CF-0013XX-A

County: Pinellas

Facts

In 2019, our client was arrested for failing to appear in his 2006 criminal case. The allegation was that he traveled to meet a minor that he met online.

Outcome

There was a great deal of evidence to sift through but we were able to poke holes in the evidence and obtain a fantastic result for our client. The charge was reduced to a non-sexual offense which means he doesn’t have to register as a sexual offender. It was also reduced to a lesser felony, and he received a Withhold of Adjudication so that he would not be a convicted felon. We also got him credit for time served with no further jail or prison despite scoring a prison sentence. Further, we got his fines and the cost of extradition waived saving him thousands of dollars.

Domestic Violence Injunction

2019-DR-015XXX-O

County: Orange

Facts

During a child exchange between parents, an argument occurred between the parties. One of the parties filed a petition for an injunction against the other for committing a battery against the Petitioner. The Petitioner also had video evidence of the incident.

Outcome

Prior to the hearing, we conducted a deep investigation of the incident and the parties involved. We also conducted depositions to collect more information. After going to court multiple times, we finally had a hearing on the matter. We had to fight hard to convince the judge to rule in our favor.

INJUNCTION DENIED.

Dating Violence Injunction

2019-DR-015XXX-O

County: Orange

Facts

Our client was accused of acts of violence against the Petitioner, including displaying a gun during the violent incident. The Petitioner also had video evidence of the incident.

Outcome

We were able to cross-examine the witness on inconsistent statements and bring to the judge’s attention, by impeachment, previous statements at a prior hearing for the injunction.

INJUNCTION DENIED.

Injunction Against Stalking

2019-DR-014XXX-O

County: Orange

Facts

Our client was accused of stalking the Petitioner in this injunction.

Outcome

We were able to cross-examine the Petitioner and successfully argue that the Petitioner did not satisfy each necessary element of Stalking.

INJUNCTION DENIED.

Driving While License Suspended – Habitual Traffic Offender

2019-CT-0010XX-A-W

County: Orange

Facts

This case originally came in as a felony DWLS – Habitual Traffic Offender and was amended to a misdemeanor DWLS. 

Outcome

We were able to assist our client with clearing an FR Judgement suspension and obtain a valid driver’s licenses.

CASE DISMISSED.

Resisting an Officer without Violence

2019-MM-0071XX

County: Seminole

Facts

Our client was accused of resisting an officer’s verbal commands during a traffic stop. Our client was placed under arrest as a result of not obeying the officer’s orders.

Outcome

We were able to make contact with the Officer in the case and provide the Officer with additional context surrounding the circumstances of the case and obtain an officer recommended dismissal. We then advised the Assistant State Attorney that the officer was agreeable to a Dismissal of the case.

CASE DISMISSED.

No Valid Driver’s License

2019-CT-0085XX

County: Polk

Facts

Our client recently moved to the United States and was driving on the road with his previously issued driver’s license from another country.

Outcome

We collected copies of documents from our client, such as passport, flight ticket, and valid driver’s license from his home country. Next, we gathered all relevant Florida statutes relating to this topic. Then we successfully argued to the State Attorney why our client was allowed to drive with his valid driver’s license from another country and thus was not committing a criminal violation.

CASE DISMISSED.

Trafficking in Heroin (more than 4 grams)

Case#: 2019-CF-0001XX-A-O 

County: Orange

Facts

The police conducted a search of our client’s vehicle which turned up a trafficking amount of heroin. The State’s offer was 3 years in prison and a $50,000 fine.

Outcome

We believed the police search of our client’s vehicle was illegal and violated her constitutional rights. Based upon this position, we conducted our own independent investigation into the matter. This included requesting multiple body worn camera videos, computer aided dispatch notes, etc. from the local Sheriff’s Office. After review of this evidence as well as discovery provided by the prosecutor, we researched the legal issues and drafted a Motion to Suppress. We also scheduled depositions of the police officers prior to the Motion hearing. We filed and set the Motion to Suppress and provided the State and the Judge with supporting case law and an outline of Defense arguments. 

CASE DISMISSED.

Leaving Scene of Accident 

Case#: 2019-CT-0027XX-A-O

County: Orange

Facts

Our client was accused of leaving the scene of an accident without providing the law enforcement officer with relevant documents. 

Outcome

Our thorough investigation of the traffic crash and accompanying evidence proved successful.

CASE DISMISSED.

Driving While Under the Influence 

Case#: 2019-CT-0011XX-A-OS

County: Osceola

Facts

Our client was arrested for driving while under the influence of alcohol based upon poor performance of roadside field sobriety exercises along with other alleged indicators of impairment.

Outcome

We argued the strengths of our side of the case on behalf of our client. We were prepared to go to trial if necessary but were able to avoid that need.

CASE DISMISSED.

Battery Domestic Violence & Witness Tampering

Case#: 2019-MM-0075XX-A

County: Seminole

Facts

Our client was accused of pushing the alleged victim into a wall that was located near the entry of the home. They had been in a dating relationship for many years.

Outcome

We investigated the facts and made contact with the alleged victim and subsequently obtained a notarized declination of prosecution. We acted quickly to contact the State Attorney’s Office prior to the filing of charges to certify a dismissal.

CASE DISMISSED.

Petit Theft

Case#: 2019-MM-0010XX-A-O

County: Orange 

Facts

Our client was accused of leaving a Walmart store without paying for all of his merchandise.

Outcome

We conducted a thorough investigation which discovered exonerating evidence which we used in defense of our client. This case ultimately went to trial where our attorneys zealously defended our client, and cross examined the State’s witnesses to expose large holes in their case.

Trial Verdict: NOT GUILTY

Disorderly Conduct, Affray 

Case#: 2018-MM-0052XX-A-X 

County: Lake

Facts

Our client was engaged in a bar fight with 3 other individuals. Officers arrived and disengaged the individuals from fighting.

Outcome

We reviewed the case and scheduled a conference with the State Attorney’s Office to further discuss the allegations and resolution of the case. The State agreed to pre-trial intervention and the case was subsequently dismissed.

CASE DISMISSED.

Fleeing or Attempting to Elude A Law Enforcement Officer, Resisting an Officer Without Violence, & Littering 

Case#: 2018-CF-0180XX-A-O 

County: Orange

Facts

A police officer in downtown Orlando attempted to stop our client’s vehicle while he was on a patrol bicycle. The officer arrested our client for failing to stop for him and resisting his commands.

Outcome

We contacted the State Attorney’s Office prior to the formal charges being filed to convince them this case was not suitable for prosecution.

CASE DISMISSED.

Possession of Drug Paraphernalia, DUI, & Refusal to Sign Criminal Citation

Case#: 2017-CT-0050XX-A-O, 2017-CT-0050XX-A-O, 2017-MM-0060XX-A-O

County: Orange

Facts A citizen called 911 to report a driver who was asleep at the wheel at a red light. Upon arrival, the police woke the driver who appeared intoxicated by alcohol. The driver refused field sobriety exercises, refused a breath test, and refused to sign the DUI citation. After arrest, the police discovered a glass pipe in the vehicle which tested positive for drugs.

Outcome

We filed numerous motions, conducted hearings, and pushed the case up to the trial date in order to obtain the following results:

DUI: Amended to Reckless Driving (Non-Alcohol), Withhold Adjudication, $500 fine, 50 hours community service, and DUI classes.

Refusal to Sign Criminal Citation: DISMISSED. Possession of Drug Paraphernalia: DISMISSED. 

Leaving the Scene of an Accident

Case#: 2017-CT-0011XX-A-W

County: Orange

Facts Four kids were riding their bicycles in the street when they collided with a car coming to a stop at an intersection. The driver checked to make sure the kids did not have any injuries. After confirming this, the driver left the scene. Despite the lack of injuries, the police charged the driver criminally.

Outcome We rejected the plea offer because we believed the State could not prove an element of the offense. On the day of trial the case was DISMISSED. 

Vehicle vs. Pedestrian Accident

Case#: 2017-TR-0294XX-A-O

County: Orange

Facts While stopped at a red light a driver attempted to make a left-hand turn. At the same time a bicyclist entered the roadway from a nearby sidewalk. The driver struck the bicyclist and left the scene but immediately returned.

Outcome We pled not guilty and requested a hearing. CASE DISMISSED.

Violation of Probation-Burglary of Dwelling 

Case#: 2017-CF-0154XX-B-O 

County: Orange

Facts

Client was violated for obtaining a new law charge and was arrested as a result of obtaining that charge. Outcome: Maintained withhold of adjudication, Probation Reinstated with original conditions plus additional 40 Community service hours. Our client then violated probation for a second time by obtaining a new law charge of felony trafficking.

Outcome 

Probation Terminated; Entered plea to 180 days in County jail with Credit for time served.

Driving Under the Influence- 2nd Offense

Case#: 2017-CT-0019XX-A-O

County: Orange

Facts Deputies found a driver asleep at the wheel with the vehicle in park. They had him step out of the vehicle and asked for him to perform field sobriety exercises. The driver became argumentative and refused to do any exercises. Deputies took the driver to the breath test center where he blew over 0.08 BAC.

Outcome We filed motions to suppress based upon the illegal detention of the driver and other illegal police actions. The judge granted our motions and threw out all evidence. CASE DISMISSED.

Driving Under the Influence – 2nd Offense

Case#: 2016-CT-0013XX-A-E

County: Orange

Facts A man was observed by police standing in the roadway on UCF property. He was reattaching his driver’s side mirror. The police approached the man and observed an odor of alcohol, strange behavior, and watery and bloodshot eyes. The man complied with officers’ requests to perform field sobriety exercises. A Drug Recognition Expert with UCF PD examined the man who was ultimately arrested for DUI.

Outcome Charge reduced to Reckless Driving-Alcohol Related.

Traffic Fatality

Case#: 2016-TR-1502XX-A-O

County: Orange

Facts A driver was stopped at a red light in downtown Orlando. Upon proceeding to make a right turn, the driver struck a pedestrian while in the crosswalk. The pedestrian succumbed to her injuries and the driver was charged with failure to yield to pedestrian causing fatality.

Outcome We took the case to trial and the government presented their case. We challenged their evidence, cross-examined their witnesses, and presented our defense. After listening to our legal arguments, the judge found our client NOT GUILTY.

Fraudulent Use of Personal Identification Information

Case#: 2016-CF-0025XX-A

County: Osceola

Facts The State alleged that our client used another person’s identification information to obtain credit cards, utility services, and merchandise. They issued a warrant for her arrest on this felony offense.

Outcome CASE DISMISSED.

Driving Under the Influence

Case#: 2016-CF-0145XX-A-O

County: Orange

Facts On a traffic stop, police discovered within a vehicle a trafficking amount of cocaine along with other drugs, paraphernalia, guns, and ammo. The driver and sole occupant of the vehicle was taken into custody. The drug trafficking charge carried a minimum mandatory sentence of 3 years prison and a $50,000 fine.

Outcome We got the trafficking charge reduced to Possession With Intent to Sell, Withhold Adjudication, Probation, and no jail or fine. The two misdemeanor charges were both dismissed.

Driving Under the Influence

Case#: 2016-CT-0094XX-A-O

County: Orange

Facts An Uber driver had just picked up three girls from a Downtown bar. He was driving them home when he was stopped by the police. The officer said that he smelled alcohol coming from the driver and asked him to perform field sobriety exercises. The driver complied with the exercises and was arrested for DUI. He was then taken to the breath test center where he complied with the breath test as well.

Outcome We filed numerous motions on our client’s behalf, retained an expert witness, and presented volumes of scientific literature regarding the horizontal gaze nystagmus exercise. CASE DISMISSED.

Driving Under the Influence-2nd Offense

Case#: 2016-CT-0091XX-A-O

County: Orange

Facts Vehicle was seen swerving between lanes. Police stopped the driver and asked him to do field sobriety exercises. The driver refused and was arrested. He also refused to take a breath test. We collected the dashcam video footage to prepare his defense.

Outcome Charge reduced to reckless driving with first time minimums.

Violation of Probation-Resisting an Officer Without Violence

Case#: 2013-CF-0151XX-A

County: Hillsborough

Facts Client violated probation by committing new felony offense and not paying costs.

Outcome Credit for time served and probation terminated, saving the client over $6,000 in restitution, fines, and costs.

Firm Overview

Gans Law offers a variety of services that range from criminal defense to suspended licenses. Here at Gans Law, we understand that sometimes good people find themselves dealing with complex legal matters.

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New Florida Law: Playing Loud or Excessive Music

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