(321) 253-3447
2715 North harbor City Blvd., Ste. 4
Melbourne, FL 32935

Case Results

Many of our potential clients are interested in learning more about the recent results we have achieved for our clients charged with DUI, Domestic Violence, Drug Crimes, Marijuana Possession, Juvenile Offenses, or other misdemeanor and felony offenses in the state of Florida.

If you would like to view our case results, you must read the disclaimer and acknowledge that you agree to the terms by clicking “I Agree” and the results will then be displayed on this page.

  • Disclaimer: The Florida Bar does not approve or review the case results that criminal defenseattorneyslist on their website. If you would like to learn more about our recent case results and statements regarding the quality our work, then you must acknowledge that you have read this disclaimer by clicking on the “I agree” button:
    • The facts and circumstances of your case may differ from the facts and circumstances of the cases we discuss here.
    • Not all results are provided.
    • The case results discussed here are not necessarily representative of the results obtained in all cases.
    • Each case is different and must be evaluated and handled on its own merit.

Past results are not necessarily an indication of a future result for any prospective client because the individual facts and circumstances may differ from those criminal cases mentioned herein.


Criminal Case Results


DUI Charges

Charge: DUI; DUI with Personal Injury

  • Case #: 052017CT0XXX92AXXXXX
  • County: Brevard County
  • Date: August 2017
  • Facts: Our client was a Charter Boat Captain, and driving home from work. While driving down a side street, our client noticed several people standing in the roadway. The client was unable to avoid one of the pedestrians, striking him with his pick-up truck. The pedestrian was thrown approximately 10 feet from the collision. Our client was subsequently arrested for Driving under the Influence causing Personal Injury. Additionally, a conviction for Driving Under the Influence would have suspended his Captain’s license for three years, and caused him to lose his employment of more than twenty years.
  • Outcome: The Attorney filed a Motion to Suppress Evidence, arguing that the arresting officer failed to advise our client that he was “changing hats” from an accident investigation, to a criminal investigation, requiring the arresting officer to read our client Miranda warnings. The Judge granted the Attorney’s Motion to Suppress, and the prosecutor immediately offered to amend the charges from a DUI with Personal Injury, to Reckless Driving. Our client was able to maintain his Captain’s license, and his employment, as a result of the charges being amended to Reckless Driving.

Charge: DUI; DUI

  • Case #: 052015CT0XXX09AXXXXX
  • County: Brevard County
  • Date: December 2016
  • Facts: Client was driving home from work at around 2am, and dropped his cellphone underneath his seat, causing him to swerve erratically. His vehicle was subsequently pulled over by law enforcement officers, and the client was arrested for Driving Under the Influence. Complicating matters, the client was facing immigration consequences, and likely deportation as a result of his pending charges.
  • Outcome: The Attorney filed a Motion to Suppress the Evidence, arguing that the law enforcement officers who stopped our client’s vehicle were outside of their jurisdiction. After the hearing on the Motion to Suppress, the State Attorney’s Office agreed to reduce the DUI charge to a civil traffic infraction, with no immigration consequences to the client.

Charge: DUI; Possession of Marijuana; Possession of Paraphernalia

  • Case: State v. K.B
  • Case #: 2009-mm-0X6X3XA
  • County: Brevard County
  • Date: July 2010
  • Facts: The Defendant was pulled over by the Satellite Beach Police Department for having an expired License Plate. The arresting officer pulled the defendant out of her vehicle and made her perform field sobriety exercises. The officer determined she was impaired and placed her under arrest. The defendant did blow over the legal limit. Mark S. Germain, the defendant’s attorney, filed a motion to suppress the evidence. The trial court determined the Officer did not have reasonable suspicion to ask the Defendant to perform field sobriety exercises. The trial court granted the Defendant’s motion to suppress. The trial court threw out the results of the Breath test and any observations made after the Defendant was illegally detained.
  • Outcome: The State Attorney’s office dismissed all the charges against the Defendant.

 

Charge: DUI, 2nd Offense; Refusal to Take Breathalyzer; Violation of Business Purpose Only License

  • Case: State v. J.L
  • Case #: 2010-ct-0X2X7XA
  • County: Brevard County
  • Date: September 2010
  • Facts: The client was alleged to have run a red light and was pulled over by the police. The police had the client perform field sobriety exercises. The police advised the client that he did not perform to standard, and he was arrested. The client refused a breathalyzer test for the second time, so the police charged him with refusal as well as his second offense of DUI. In addition, the police accuse the defendant of violating his business purpose only license.
  • Outcome: Right before picking a jury, the state dismissed the DUI charge against the defendant. The defendant did plead guilty to the refusal charge and was placed on probation. Yet the defendant did not receive a second driving under the influence.

 

Charge: Two Counts of DUI; Two Counts of Possession of OxyContin; Possession of Paraphernalia

  • Case: State v. A.M
  • Case #: 2010-cf-0X3X5XA
  • County: Brevard County
  • Date: December 2010
  • Facts: The client was pulled over by the police for driving recklessly. The police found pills in the vehicle, which the police determined to be OxyContin. The police had the client perform filed sobriety exercises and determined that the defendant was under the influence.
  • Outcome: The state attorney’s office dropped all the charges against the client

 

Charge: DUI, 2nd Offense

  • Case: State v. K.H
  • Case #: 2010-ct-0X1X5X
  • County: Brevard County
  • Date: March 2011
  • Facts: The client was pulled over by the Satellite Beach Police Department. The client was ordered to do field sobriety exercises and refused to do them. The client was arrested for driving under the influence. The client was videotaped throughout the process.
  • Outcome: Right before jury trial, the government offered a reduction to Reckless Driving.

 

Charge: DUI; Possession of Xanax; Possession of Roxicodone; Possession of Paraphernalia

  • Case: State vs. C.B
  • Case #: 2010-ct-0X3X6X
  • County: Brevard County
  • Date: July 2011
  • Facts: The client was pulled over on U.S 1, and the officer had perform field sobriety exercises. The officer placed the client under arrest and searched the client’s vehicle. The officer found Xanax and roxycontin in the client’s vehicle.
  • Outcome: The client received a misdemeanor reckless driving charge and was able to keep their driver’s license. The drug charges were dismissed.

 

Charge: DUI

  • Case: State vs. S.W
  • Case #: 2011-ct-0X6X9XA
  • County: Brevard County
  • Date: October 2011
  • Facts: The defendant was pulled over on his way home from a local establishment. The officer conducted field sobriety exercises. The client refused to give a breath sample, and he was arrested.
  • Outcome: The attorney went to trial on this case. After jury selection, the state lowered the charges to reckless driving, and the client was able to maintain his license and was not even put on probation.

 

Charge: DUI with one prior

  • Case: State vs. J.H.
  • Case #: 2011-mm-0X5X1XA
  • County: Brevard County
  • Date: May 2012
  • Facts: Client was pulled over and issued a ticket for driving under the influence and was arrested.
  • Outcome: Client was found not guilty by a jury of his peers.

 

Charge: DUI

  • Case: State vs. R.H
  • Case #: 2012-ct-0X2X0X
  • County: Brevard County
  • Date: October 2012
  • Facts: The client was charged with DUI. The client was parked with her car on. The police pulled up behind her and conducted a DUI investigation. 
  • Outcome: Prior to trial, the State offered a reckless driving. The client did not lose her license, and she was not put on probation. The client received a withhold of adjudication and a fine. 

 

Charge: DUI with a breath alcohol level above a .15

  • Case: State vs. K.C.
  • Case #: 2013-ct-0X6X8X
  • County: Brevard County
  • Date: October 2013
  • Facts: The Client was pulled over by the police for allegedly swerving with her lane. The police arrested her and she blew a breath alcohol level twice the legal limit.
  • Outcome: The state amended the charge to a reckless driving and dropped all of the civil infractions. 

 

Charge: Driving Under the Influence Second Offense

  • Case: State vs. A.C.
  • Case #: 2012-ct-0X5X6X
  • County: Brevard County
  • Date: November 2013
  • Facts: The client was charged with a second DUI. The state offered jail, and my client opted to exercise her Constitutional right to a jury trial.
  • Outcome: The client was found not guilty.

 

Charge: Ct 1 – DUI; Ct 2 – Possession of less than 20 grams of cannabis

  • Case: State vs. T.B.
  • Case #: 2013-mm-0X1X7X
  • County: Brevard County
  • Date: November 2013
  • Facts: The Defendant was pulled over on A1A by Satellite Beach Police department. The client was arrested for driving under the influence, and he refused to give a breath sample. He was also arrested for possession of less the twenty grams of cannabis.
  • Outcome: State dismissed the possession of cannabis and amended the DUI to a reckless driving right before trial.

Back to top


Traffic Violations / Crimes

Charge: Habitual Traffic Offender (HTO) Reinstatement of License

  • Date: May 2013

HTO License Reinstatement

 

Charge: Driving While License Suspended

  • Case #: 2010-CT-0X8X8XA
  • County: Brevard County
  • Date: January 2011
  • Facts: The defendant was given a criminal citation for driving while her license was suspended. The state could not prove the Defendant knew her license was suspended, so the state dismissed the charges.
  • Outcome: The defendant’s case was dismissed by the State Attorney’s Office

 

Charge: Leaving the Scene of an Accident

  • Case: State vs. W.C
  • Case #: 2011-ct-0X9X0XA
  • County: Indian River
  • Date: September 2011
  • Facts: The police arrested the defendant after finding a piece of the defendant’s bumper at the location of the traffic accident. The state could not prove the charges and had to drop the case prior to trial.
  • Outcome: Charges were dismissed right before picking a jury.

 

Charge: Speeding 20 to 29

  • Case: State vs. J.P
  • Case #: 2012-tr-0X6X3X
  • County: Brevard
  • Date: June 2012
  • Facts: Speeding in a construction zone 20 to 29.
  • Outcome: Dismissed by the court.

 

Charge: Driving While License Suspended

  • Case: State v. J.P
  • Case #: 2012-TR-0X0X1X
  • County: Brevard
  • Date: June 2012
  • Facts: The client’s license was suspended. We were able to show that the DMV had made a mistake.
  • Outcome: Dismissed.

 

Charge: Driving While License Suspended

  • Case: State vs. H.O
  • Case #: 2012-ct-0X9X2X
  • County: Brevard
  • Facts: My client was arrested for driving on a suspended license after a DUI suspension.
  • Outcome: Right before trial, the State dropped the charges against the client.

 

Charge: Allowing an Unauthorized Driver to Drive his Vehicle

  • Case: State vs. Z.H
  • Case #: 2012-ct-0X9X8XA
  • County: Brevard County
  • Date: January 2013
  • Outcome: The charges were dismissed by the state.

Back to top


Drug Crimes

Charge: Drugs; Possession of Cannabis

  • Case #: 052017MM0XXX47AXXXXX
  • County: Brevard County
  • Date: March 2017
  • Facts: Our client pulled into a gas station to get oil for his engine, due to his vehicle overheating. Upon pulling out of the gas station, his vehicle was stopped by law enforcement, for allegedly failing to stop prior to exiting the gas station, and prior to entering the highway. A search of his vehicle yielded approximately 10 grams of cannabis. The client was subsequently arrested, and charged with possession of less than twenty grams of cannabis.
  • Outcome: The Attorney filed a Motion to Suppress the Evidence, arguing that our client was not required to stop when exiting the parking lot of the gas station. The Attorney argued that the basis for the law enforcement officer’s stop of our client’s vehicle only required our client to stop prior to entering the highway, and only if he was exiting a business or residence district, which the Attorney argued the gas station failed to meet either definition pertaining to a business or residence district. The State Attorney’s Office dismissed the charges prior to the hearing on the Motion to Suppress.

Charge: Drugs; Possession of Cannabis

  • Case #: 052011CF0XXX44AXXXXX
  • County: Indian River County
  • Date: August 2016
  • Facts: Our client’s vehicle was stopped by law enforcement at approximately 7:33am, for having one headlight out on his vehicle. The client’s vehicle was searched by law enforcement, and he was subsequently arrested for possession of marijuana. The prosecutor was seeking a jail sentence for our client’s possession charge.
  • Outcome: The Attorney filed a Motion to Suppress Evidence, based on an unlawful stop of our client’s vehicle. The Attorney argued that the officer stopped our client for violating a Florida Statute which required all vehicles to display lighted lamps and illuminated devices, between the hours of sunrise and sunset. The Attorney argued that on the date of our client’s arrest, the time of sunrise was at 6:59am, nearly 35 minutes after our client’s vehicle was stopped for an inoperable headlight. The Attorney argued that the Statute did not apply to our client since the law enforcement officer did not stop our client until 35 minutes after sunrise, and therefore, argued that the Statute was inapplicable, making the subsequent stop of our client’s vehicle unlawful. The prosecutor agreed with the Attorney’s interpretation of the Statute, and dismissed all charges against our client.

Charge: Drugs; Trafficking in MDMA (more than 10 grams and less than 200 grams)

  • Case #: 482015CF00XX27AXXXXX
  • County: Orange County
  • Date: July 2015
  • Facts: Client was stopped by the Orange County Sheriff’s office regarding property which was previously stolen and believed to be in our client’s vehicle. During a search of the client’s vehicle, approximately twenty-seven grams of MDMA was located inside the glove compartment. The State of Florida charged our client with Trafficking in MDMA, a first-degree Felony, carrying a three-year minimum mandatory prison sentence.
  • Outcome: The Attorney requested the lab results from the suspected MDMA, and quickly noticed that a test of the powdery substance failed to conclusively prove that the Molecular Structure was consistent with the chemical compounds consistent in MDMA. As a result, the prosecutor agreed to amend the charge to simple possession of a controlled substance, a third-degree felony (with no minimum mandatory prison sentence). The Attorney was then able to convince the prosecutor to transfer the client’s case to the Felony Drug Court Diversion Program. Upon completing the Drug Court Program successfully, our client’s charges were dismissed by the State Attorney’s Office.

Charge: Drugs; Possession of Cocaine

  • Case #: 052015CF0XXX22AXXXXX
  • County: Brevard County
  • Date: May 2015
  • Facts: Our client’s vehicle was stopped by law enforcement, and a subsequent search of his vehicle yielded small bags of cocaine. Our client was also a lawyer for an International Firm, and a Felony conviction would not only have likely lead to his termination from the Firm, but additionally, a likely suspension from the practice of law.
  • Outcome: The Attorney, after several lengthy discussions with the prosecutor, was able to get the charges reduced to a misdemeanor offense for possession of paraphernalia. The client was able to maintain his employment, and avoid a Felony conviction.

Charge: Sale of Oxycodone; Possession with Intent to Deliver; Possession of Oxycodone

  • Case: State vs. A.C
  • Case #: 2011-cf-0X9X1XA
  • County: Brevard County
  • Date: August 2011
  • Facts: The client was accused of a violation of probation. The client tested positive for cocaine in a urine sample. The state attorney wanted the Judge to sentence the client to five years in the Florida Department of corrections. The client hired our law firm to assist in trying to get put back on probation. The client had completed eight years of a ten year term of probation prior to being violated.
  • Outcome: The charges were dismissed.

 

Charge: Possession of Marijuana; Possession of Paraphernalia

  • Case: State vs. R.T
  • Case #: 2011-mm-0X6X4X
  • County: Brevard County
  • Date: October 2011
  • Facts: The defendant was accused of possessing illegal drugs.
  • Outcome: Charges were dismissed.

 

Charges: Trafficking in Illegal Drugs, 14 to 28 grams; Manufacturing Meth with a Child Present; Unlawful Possession of a Listed Chemical

  • Case: State v. A.C
  • Case #: 2010-cf-0X0X6XB
  • County: Brevard County
  • Date: August 2012
  • Outcome: Right before trial, the state agreed to drop the trafficking charge and the manufacturing charge. Both of these charges carried a minimum mandatory prison sentence. In return, the defendant entered a plea to possession of a listed chemical. The defendant received a probationary sentence and is not currently a convicted felon.

 

Charges: Possession of Cocaine

  • Case: State v. W.B
  • Case #: 2012-cf-0X4X6XA
  • County: Brevard County
  • Date: August 2012
  • Outcome: The state decided not to pursue charges after the client was arrested. The attorney spoke to the State Attorney’s office and after discussing the case, the charges were dropped.

 

Charge: Possession of Xanax, Disorderly Intoxication (5 years and sixty days in jail is the maximum sentence)

  • Case: State vs. M.F
  • Case #: 2012-cf-0X5X6XA
  • County: Brevard County
  • Date: November 2012
  • Facts: The client was arrested in downtown Melbourne during an altercation. The police found some Xanax pills in his pocket.
  • Outcome: Dismissed by the State Attorney’s office.

 

Charge: Possession of More Than 20 Grams of Cannabis

  • Case: State vs. A.B
  • Case #: 2013-cf-0X5X7XA
  • County: Brevard County
  • Date: January 2013
  • Facts: The state decided not to pursue charges after the client was arrested. The attorney spoke to the State Attorney’s office and after discussing the case, the charges were dropped.
  • Outcome: Dismissed by the State Attorney’s office

Back to top


Domestic Violence

p>Charge: Domestic; False Imprisonment & Battery Domestic Violence

  • Case #: 052017CF0XXX87AXXXXX
  • County: Brevard County
  • Date: October 2017
  • Facts: Our client had been married for several years to his wife; however, they had recently decided to separate. The client was arrested for entering his ex-wife’s residence, where he allegedly locked her in the bedroom, and became physically abusive. Our client was also not a United States Citizen, and was potentially facing mandatory deportation.
  • Outcome: The Attorney was able to locate another witness, who was present on the night of our client’s arrest, and provided a much different version of the incident. The Attorney immediately provided this information to the prosecutor, and all charges were subsequently dismissed against our client.

Charge: Domestic; Interfering with the Custody of a Minor

  • Case #: 052017CF0XXX81AXXXXX
  • County: Brevard County
  • Date: May 2017
  • Facts: Our client was about to graduate college and begin his career, when he was arrested for interfering with the custody of a minor after allegedly picking her up from her home without her parent’s knowledge or consent.
  • Outcome: The Attorney immediately contacted the State Attorney’s Office, and provided information regarding other, unrelated, false allegations that the minor previously made to law enforcement. Upon their review of the documents, the State Attorney’s Office dismissed all charges against our client.

Charge: Domestic; Petition for Unjunction against Stalking

  • Case #: 052016DRXXXX19XXXXXX
  • County: Brevard County
  • Date: January 2017
  • Facts: Client had an injunction filed against him for allegedly stalking a co-worker. The Petition for the Injunction against Stalking alleged that our client had mailed harassing letters, and women’s underwear with sexual fluid on them, to his co-worker. Our client worked for the Space Center, and was put on administrative leave, without pay, until the investigation was closed.
  • Outcome: The Attorney thoroughly prepared the case for trial, and proved that our client was not the perpetrator responsible for sending these inappropriate items, and additionally, the Attorney proved that our client had never engaged in any activity that could be construed as stalking. The Injunction against Stalking was dismissed by the Judge, and the record was sealed a few months later.

Charge: Domestic; Felony Child Abuse

  • Case #: 052015CF0XXX93XXXXX
  • County: Brevard County
  • Date: January 2015
  • Facts: Our client was a Foster Parent for Children waiting to be adopted. The client had adopted the minor involved in the criminal charges since her background and age made it difficult to place her with a family.
  • Outcome: The Attorney was able to contact the State Attorney’s Office, and inform them of the underlying facts not known at the time. Upon their review of the evidence presented, all charges were dismissed against our client, and the child was reunited with her family.

Charge: Domestic Battery

  • Case: State vs. T.K
  • Case #: 2010-mm-0X0X5X
  • County: Brevard County
  • Date: August 2010
  • Facts: The state alleged that the client battered his girlfriend by placing his hands on her. The state did not have any pictures or independent witnesses.
  • Outcome: Dismissed by the State Attorney’s Office.

 

Charge: Aggravated Battery on a Pregnant Person

  • Case: State v. D.M
  • Case #: 2010-cf-0X5X7X
  • County: Brevard County
  • Date: Jury Trial on 4/5/11 to 4/7/11
  • Facts: The client was accused of punching his pregnant girlfriend multiple times in the face. The police came to the residence and took pictures of the alleged victim. The police then took statements from any witnesses. The police also ascertained the 911 call.
  • Outcome: Not Guilty by a Jury of his peers.

 

Charge: Domestic Battery

  • Case: State v. B.R
  • Case #: 2011-MM-0X5X7X
  • County: Brevard County
  • Date: May 2011
  • Facts: The client was involved in an alleged domestic dispute. The police were called to the residence, and the police arrested the client. The attorney spoke with the State Attorney’s Office and no formal charges were brought against the client.
  • Outcome: Dismissed

 

Charge: Domestic Battery

  • Case: State vs. E.O
  • Case #: 2011-MM-0X3X1X
  • County: Osceola County
  • Date: November 2011
  • Facts: The client allegedly struck his wife in the face. The arresting officer did not note any injury to the victim.
  • Outcome: The charges were dismissed on the day of trial.

 

Charge: Domestic Battery

  • Case: State vs. J.A.S
  • Case #: 2012-mm-0X2X0XA
  • County: Brevard County
  • Date: August 2012
  • Facts: The defendant’s wife called the police, and he was arrested for touching her against her will.
  • Outcome: Dismissed by the State Attorney’s office.

 

Charge: Domestic Violence Injunction

  • Case: N.P vs. P.P
  • Case #: 1998-DR-0X0X4X
  • County: Brevard County
  • Date: August 2012
  • Facts: My client wanted to dissolve an injunction that his x-wife had placed on him several years earlier.
  • Outcome: The injunction was dismissed against my client.

 

Charge: First degree felony aggravated child abuse (maximum sentence 30 years in the department of corrections and up to a $10,000 fine)

  • Case: State vs. R.M
  • Case #: 2012-cf-0X2X6X
  • County: Brevard County
  • Date: October 2012
  • Facts: The client was arrested for an alleged abuse on his fiancé’s daughter.
  • Outcome: After speaking with the attorney, the state agreed to the client entering a plea to a misdemeanor. The client received no jail or prison time, and he was not ordered to pay a fine. In addition, he received a withhold of adjudication, so he will be able to seal and expunge the arrest from his record.

 

Charge: Ct. 1 – Child Abuse; Ct. 2 – Domestic Battery

  • Case: State vs. D.W.
  • Case #: 2013-CF-0X3X8XA
  • County: Brevard County
  • Date: January 2013
  • Facts: The defendant was charged with one felony and one misdemeanor was facing up to five years in prison.
  • Outcome: The state dismissed all counts.

 

Charge: Aggravated Battery on a Pregnant Person

  • Case: State vs. M.B.
  • Case #: 2012-cf-0X5X6XA
  • County: Brevard County
  • Date: October 2013
  • Facts: The client was arrested after his best friend’s fiancé accused him of striking her. He was charged with a third degree felony punishable by up to five years in prison. Upon conviction as charged, the client would have scored a total of about two years in prison in which the Judge would have had to sentence him too.
  • Outcome: The Jury found the Client Not Guilty

 

Charge: Child Abuse

  • Case: State vs. R.S.
  • Case #: 2013-cf-0X5X2XA
  • County: Brevard County
  • Date: November 2013
  • Facts: The client was charged with allegedly striking his daughter in the face. The client faced up to five years in prison if convicted of this charge.
  • Outcome: The State Attorney’s office dismissed the charges

 

Charge: Domestic Battery, DUI Second Offense

  • Case: State vs. H.H.
  • Case #: 2012-mm-0X5X4X
  • County: Palm Beach County
  • Date: June 2013
  • Facts: The police were called to a restaurant in regards to a domestic dispute. My client was arrested for allegedly running over his girlfriend’s foot and operating his vehicle while under the influence of alcohol.
  • Outcome: The domestic battery charge was dismissed. The DUI second offense was amended to a reckless driving, and he did not lose his driving privileges.

Back to top


Sexual Offenses

Charge: Sexual; Sexual Battery on a Child under 12 by a Prepetrator 18 or older

  • Case #: 312014CF00XX25AXXXXX
  • County: Indian River County
  • Date: June 2016
  • Facts: Client was charged with Sexual Battery on his Daughter by vaginal penetration. The formal charges filed on by the State Attorney’s Office carried a mandatory sentence of life imprisonment without parole, if convicted. The prosecutor refused to make any plea offer on our client’s case, and was seeking a sentence of life in prison.
  • Outcome: The Attorney’s prepared the client’s case for trial, including traveling out-of-state to take depositions of the State’s witnesses. The case proceeded to trial, and after hearing all the evidence, the jury acquitted our client in less than 30 minutes.

Charge: Sexual; Solicitation of Prostitution

  • Case #: 052015MM0XXX04AXXXXX
  • County: Brevard County
  • Date: March 2015
  • Facts: Our client was charged with Soliciting an undercover law enforcement officer for sex. The offense carried a fine of $5,000, and potential jail time. Our client was a military veteran, with no prior arrests.
  • Outcome: The Attorney provided the prosecutor evidence of our client’s military service and record. Upon reviewing the documents presented, the State Attorney’s Office agreed to transfer our client’s case to Veteran’s Court, and all charges were subsequently dismissed.

Charge: Two Counts of Sexual Battery on Someone Physically Helpless to Resist

  • Case: State of Florida vs. G.F
  • Case #: 2010-cf-0X1X7X
  • County: Brevard County
  • Date: February 2010
  • Facts: The client was accused of committing sexual battery. The police alleged that the alleged victim was physically helpless to consent to having sex. The police arrested the client and took statements from everyone that was an alleged witness. The client denied doing anything wrong with the alleged victim. The client believed that the alleged victim was making the allegations up do to her having a boyfriend at the time.
  • Outcome: After the attorney reviewed the evidence available, the attorney spoke to the state attorney’s office. The state attorney’s office decided that it did not have the necessary evidence to charge the client. The state dropped all the charges against the client.

Back to top


Violent Crimes

Charge: Violent; Discharging a Firearm in Public and Cruelty to Animals

  • Case #: 052016MM0XXX19AXXXXX
  • County: Brevard County
  • Date: November 2016
  • Facts: Client was outside with his small canine, when a neighbor walked by with her two Pitbull dogs. Our client’s smaller canine walked to the edge of his driveway, and was subsequently attacked by both Pitbull’s. At the time, our client was carrying his 40 MM Smith and Wesson firearm, and fired nine shots at both Pitbull’s, killing one, and badly injuring the other.
  • Outcome: The Attorney was able to convince the prosecutor that the client suffered from PTSD (as a result of his service in the Vietnam War) and both charges were dismissed prior to trial.

Charge: Aggravated Assault with Firearm; Battery; Use of Firearm in Commission of Felony

  • Case: State v. W.M
  • Case #: 2010-cf-0X0X0X0X
  • County: Brevard County
  • Date: October 2010
  • Facts: The client was alleged to have taken a gun out and point it at someone. The alleged victim stated that the client threatened to shoot and kill him. The police arrested the client and turned the case over to the state attorney’s office.
  • Outcome: The state dropped all the charges.

 

Charges: Armed Robbery with a Firearm; Armed Burglary with a Firearm and Knife; Aggravated Battery; Battery

  • Case: State vs. J.P
  • Case #: 2009-cf-0X9X8XB
  • County: Brevard County
  • Date: Jury Trial from 1/4/11 to 1/7/11
  • Facts: The state of Florida accused the client of being involved in an armed robbery, armed burglary, battery, and aggravated battery. The state alleged that the client with four other people went and attacked a man and his fiancé. The man was cut with a knife in a melee that occurred outside. The man then ran into his apartment where allegedly the attack continued. The state alleged that two cell phones were stolen during this incident. In addition, the state alleged that one of the attackers pulled a gun on the couple. The state went to trial against the client on the theory of principal. The man and woman testified at trial that they were sure that the client was one of the men that entered their apartment without permission. If convicted of counts one or two, the defendant would have been given a mandatory life sentence without the possibility of parole.
  • Outcome: The jury returned a verdict of a not guilty to count 1 armed robbery; not guilt to count 2 armed burglary; and not guilty to count 4 battery. The jury did return a verdict of guilty to a lesser included offense of battery to count 3 which started as aggravated battery. The Judge gave the client credit for time served for one year in the Brevard County Jail.

 

Charge: Disorderly Conduct

  • Case: State v. D.C.
  • Case #: 2012-mm-0X8X6XA
  • County: Brevard County
  • Date: January 2013
  • Facts: The client was arrested on his birthday. The client was in downtown Melbourne with some friends when the police arrested him.
  • Outcome: Charges were dismissed.

Charge: Robbery

  • Case: State v. B.D.
  • Case #: 2013-cf-0X2X4XA
  • County: Brevard County
  • Date: August 2013
  • Facts: The state decided not to pursue charges after the client was arrested. The attorney spoke to the State Attorney’s office and after discussing the case, the charges were dropped.
  • Outcome: Charges were dismissed.

Back to top


Property Crimes

Charge: Burglary of a Structure, Possession of Burglary Tools, and Criminal Mischief

  • Case: State v. A.L
  • Case #: 2012-cf-0X9X1XA
  • County: Brevard County
  • Date: January 2013
  • Facts: The defendant was charged with two felonies and one misdemeanor was facing up to ten years in prison.
  • Outcome: The state dismissed all counts.

 

Charge: Burglary of an Occupied Dwelling, Burglary of a structure, Grand Theft

  • Case: State v. J.P
  • Case #: 2012-cj-0X4X5X
  • County: Brevard County
  • Date: February 2013
  • Facts: The parents of the juvenile client were concerned about their son being charged as an adult or becoming a convicted felon. We were able to get the more serious charge of Burglary of an occupied dwelling dropped, and the client was not convicted of any of the crimes.
  • Outcome: The burglary of an occupied dwelling was dismissed.

Back to top


Violation of Probation

Charge: Probation; Violation of DUI Probation

  • Case #: 052016CT0XXX34AXXXXX
  • County: Brevard County
  • Date: April 2018
  • Facts: Our client was on probation for his third DUI offense, and was ordered to wear a SCRAM device as a condition of his probation. While on a family vacation, our client’s SCRAM device detected an intentional interference, and the client’s probation was violated for tampering with his SCRAM device. The prosecutor was seeking one year in jail for our client’s violation of probation.
  • Outcome: The Attorney was able to provide the prosecutor with evidence of a false positive reading on our client’s SCRAM device, and upon their review of the evidence, our client’s violation of probation charges were dismissed.

Charge: Probation; Felony Violation of Probation

  • Case #: 052011CF0XXX44AXXXXX
  • County: Seminole County
  • Date: August 2017
  • Facts: Our client was originally placed on probation for 5 years regarding two counts of Burglary of a Dwelling in 2012. The client had previously violated his probation, and absconded to the state of Oregon until he was arrested on a fugitive warrant in March of 2017, while still residing in Oregon.
  • Outcome: The prosecutor was seeking 7 years in prison for the violation of probation offense, and our client was being held under the Anti-Murder Act, and with no bail. The Attorney was able to convince the prosecutor to dismiss the Violation of Probation charge, with our client being released on a new term of two years of probation.

Charge: Violation of Probation on an Armed Robbery Conviction

  • Case: State vs. S.M.
  • Case #: 2000-cf-0X4X9XC
  • County: Brevard County
  • Date: July 2011
  • Facts: The client was accused of a violation of probation. The client tested positive for cocaine in a urine sample. The state attorney wanted the Judge to sentence the client to five years in the Florida Department of corrections. The client hired our law firm to assist in trying to get put back on probation. The client had completed eight years of a ten year term of probation prior to being violated.
  • Outcome: The client was reinstated on their probation

 

Charge: Acquiring or Obtaining a Controlled Substance by Forgery (Violation of Probation)

  • Case: State vs. J.D.
  • Case #: 2007-cf-0X4X3X
  • County: Brevard County
  • Date: February 2013
  • Facts: The client contacted this office after she was arrested on a felony warrant for violating her probation by absconding to another state. The attorney was able to get her a deal to credit for time served and a downward departure.
  • Outcome: Credit time served.

Back to top


White Collar Crimes

Charges: Organized Fraud obtaining property under 20,000 dollars (Maximum penalty 5 years in the Department of Corrections); Grand theft under 20,000 (maximum penalty 5 years in the Department of Corrections)

  • Case: State vs. B.K.
  • Case #: 2011-cf-0X5X5X
  • County: Brevard County
  • Date: April 2012
  • Facts: The client was accused of stealing money, after a business deal went sour. The state filed charges. The attorneys at the Law Offices of Germain & McCarthy investigated the case for several months, which culminated in the State Attorney’s office dropping the charges prior to trial.
  • Outcome: The client was reinstated on their probation

Back to top


Crimes Against LEO

Charge: Disobedience to a Police Officer

  • Case: State vs. K.M.
  • Case #: 2011-ct-0X5X1XA
  • County: Brevard County
  • Date: November 2011
  • Facts: The client was accused of not obeying a police officer. The officer alleged that the client did not stop when the officer yelled at him to do so.
  • Outcome: The charges were dismissed right before a trial.

 

Charge: Resisting Arrest without Violence

  • Case: State vs. D.W
  • Case #: 2011-mm-0X0X0X
  • County: Brevard County
  • Date: November 2011
  • Facts: The client was accused of resisting a police officer, during an incident in which client was trying to break up an altercation.
  • Outcome: After the attorney discussed the facts with the state, the charges were dismissed.

 

Charge: Battery on a Law Enforcement Officer; Battery on Law Enforcement; Resisting an Officer With Violence; Disorderly Intoxication

  • Case: State v. E.F
  • Case #: 2011-cf-0X9X7XA
  • County: Brevard County
  • Date: August 2012
  • Facts: The defendant was charged with three felonies and was facing up to fifteen years in prison. The police accused her of striking officers.
  • Outcome: The state dismissed counts 1 and 2 right before trial. In return, the client entered a negotiated plea to two misdemeanors and received a withhold of adjudication and twelve months probation.

 

Charge: Depriving Law Enforcement of Communication; Resisting an Officer With Violence; Battery of Law Enforcement

  • Case: State v. L.B
  • Case #: 2009-cf-0X5X3XA
  • County: Brevard County
  • Date: August 2012
  • Facts:The police tried to stop the client at a gas station. The client got upset and an altercation proceeded. The client felt the police were harassing him.
  • Outcome: All the felony charges were dismissed against the defendant.

 

Charge: Resisting Arrest without Violence

  • Case: State vs. C.J
  • Case #: 2012-cm-0X8X6X
  • County: Brevard County
  • Date: January 2013
  • Facts: My client was at a house when a search warrant was served on the residence. He ran out the back door and was arrested. The police charged him with resisting which also violated his Felony probation. The state dismissed the charge and reinstated him on his probation, after the State had initially wanted to send him away for four years to the department of corrections.
  • Outcome: Charges dismissed.

Back to top


Information Upon Request Zone

Client Testimonials

(321) 253-3447
  1. Menu
  2. Our Firm

  3. Practices
  4. Contact
Law Offices of Germain & McCarthy, LLC
Assign a menu in the Right Menu options.