Case Results

CASE RESOLUTION

State vs. J.G. (BURGLARY)
Client charged with Burglary and scored 60 months Florida State Prison at the bottom. Client has nine burglary priors. Filed downward departure and resolved the case as a Youthful Offender to two years of community control followed by four years of probation

State vs. A. J. (BURGLARY/BATTERY PUNISHABLE BY LIFE)
Charged with Burglary/Battery. Client facing life. After extensive deposition and motion practice, client received a change of charge to burglary, was not convicted as a felon and placed on four years of reporting probation

State vs. A.G. (ROBBERY, GRAND THEFT AND FRAUDULENT USE OF A CREDIT CARD / FACING 40 YEARS PRISON)
Charged with Robbery, grand theft and fraudulent use of a credit card. Resolved as a Youthful Offender and was given probation. Client then violated probation and was able to obtain a reinstatement.

State vs. G.F. (AGGRAVATED ASSAULT WITH A FIREARM, POSSESSION OF COCAINE, OPERATING A GROW HOUSE AND BATTERY / FACING 80 YEARS PRISON WITH A 3 YEAR MINIMUM MANDATORY)
Charged with aggravated assault with a firearm, possession of cocaine, operating a grow house with 100 plants and battery. While out on bond was charged with human trafficking with forced sexual activity on a minor facing life in prison. Case was resolved globally (both cases) to five yours prison followed by no probation. Client had been to prison three times and was prison release reoffender (PRR).

State vs. L.P.H. (FELONY DUI / FACING 5 YEARS PRISON)
Charged with fourth DUI which is a felony. Client had a prior for trafficking in cocaine. Client scored the maximum statutory penalty at bottom of his guidelines which is five years prison. Filed a motion to suppress evidence and argued a downward departure. Client received five years probation.

State vs. V.B. (BURGLARY OCCUPIED DWELLING, AGGRAVATED BATTERY WITH A DEADLY WEAPON WITH SERIOUS BODILY INJURY (2 COUNTS), AGGRAVATED FLEEING AND ELUDING AND BATTERY / FACING LIFE)
Client charged with burglary of an occupied dwelling and aggravated battery with a deadly weapon serious bodily injury (two counts), aggravated fleeing and eluding and battery. Client stabbed two individuals, one in the neck and was facing life. The life felony of burglary dwelling occupied with a battery committed while inside was dismissed. Case resolved to four years prison in a youth camp followed by two years of probation.

State vs. R.S. (DUI AND POSSESSION OF ANABOLIC STEROIDS (5 COUNTS) / FACING 30 YEARS PRISON PLUS 364 DAYS BROWARD COUNTY JAIL)
Client charged with DUI, refusal and five counts of possession of anabolic steroids. Client has a prior burglary and scored prison. Was able to convince filing attorney file a no information and dismiss all the counts as the officer involved was experiencing some legal issues.

State vs. T.R. (ATTEMPTED SECOND DEGREE MURDER / FACING 30 YEARS PRISON)
Client on probation for attempted second degree murder. The basis of the violation was a misdemeanor battery charge. I argued Stand your ground on behalf of my client. Client was facing life in prison. We were able to get the State to agree to a reinstatement of probation with the special condition of a jail term. In this case, the presiding Judge would not go along with the agreed upon resolution and pushed for final hearing where if unsuccessful, client faced life. Court agreed to three years prison, credit for 224 days.

State vs. A.H. (POSSESSION OF COCAINE, POSSESSION OF CANNABIS, TAMPERING WITH PHYSICAL EVIDENCE AND CARELESS DRIVING / FACING 25 YEARS PRISON)
Client charged with possession of cocaine, possession of cannabis, tampering with physical evidence and careless driving. Client has been in and out of prison his entire adult life. Client scored prison. A McGrill Motion was filed and downward departure argued. Defense’s motion was granted and client was sentenced below guidelines to probation with special conditions.

State vs. T.F. (BATTERY ON A LAW ENFORCEMENT OFFICER AND RESISTING AN OFFICER WITH VIOLENCE / FACING 10 YEARS PRISON PLUS 364 BROWARD COUNTY JAIL)
Client was charged with two counts of battery on a law enforcement officer and resisting with violence. Client was also Habitual Offender Qualified (HOQ). After deposing the victim officers, the State agreed to break the charges down to misdemeanor resisting without violence counts.

State vs. W.W. (BURGLARY WITH BATTERY / FACING LIFE)
Client is a convicted felon multiple times over. Charged with burglary and a battery. Client was facing life. After extensive talks with the filing attorney and witnesses, we were able to get the State to dismiss the charge.

State vs. L.B. (CRIMINAL USE OF ID (2 COUNTS), FRAUDULENT USE OF CREDIT CARD (5 COUNTS) and GRAND THEFT / FACING 40 YEARS PRISON)
Charged with two counts of criminal use of another’s ID, five counts of fraudulent use of a credit card and grand theft. At the bottom of the guidelines he scored 80 months Florida State Prison. Got him into Mental Health court over State’s objection and argued a downward departure based on mental illness separate and apart from substance abuse. Client was ultimately sentences to probation

State vs. A.Z. (POSSESSION OF MDMA, POSSESSION WITH INTENT TO SELL/MANUFACTURE/DELIVER AND POSSESSION OF PARAPHERNALIA / FACING 20 YEARS PRISON PLUS 364 BROWARD COUNTY JAIL)
Charged with possession of MDMA, possession with intent to sell/manufacture/deliver and possession of drug paraphernalia. Client’s vehicle was seized under forfeiture laws. All charges were dismissed at the filing stage and negotiated a favorable buyback for her vehicle.

State vs. L.H. (BATTERY)
Charged with battery. State attorney declined to file charges and filed a no information.

State vs. R.A. (RESISTING WITHOUT VIOLENCE)
Charged with resisting without violence and reckless driving. Resisting charge was dismissed and client pleaded to a withhold on a reckless.

State vs. M.R. (FELONY LEAVING THE SCENE OF AN ACCIDENT, DUI AND CARELESS DRIVING)
Charged with felony leaving the scene of an accident, DUI, and careless driving. Got the State to down file the felony charge to a misdemeanor and pleaded out the DUI to first minimums.

State vs. J.F. (AGGRAVATED BATTERY WITH GREAT BODILY HARM, BATTERY ON A LAW ENFORCEMENT OFFICER (2 COUNTS), RESISTING WITH VIOLENCE (2 COUNTS) AND RESISTING WITHOUT VIOLENCE / FACING 35 YEARS PRISON PLUS 364 DAYS BROWARD COUNTY JAIL)
Charged with aggravated battery with great bodily harm, resisting without violence, resisting with violence and two counts of battery on a law enforcement officer. State dismissed the aggravated battery with great bodily harm and client was given a below guidelines sentence of community control followed by probation.

State vs. F.B. (VIOLATION OF PROBATION)
Charged with violation of probation for absconding. While in another State, she was picked up for another charge. Client was not willing to waive extradition to Broward County. I negotiated an extradition bond on the arresting state and client got out of custody to come to Florida on her own and face her VOP. Probation was revoked and terminated with no additional sanction.

State vs. E.J. (FELONY CHILD ABUSE)
Charged with felony child abuse. Client not a U.S. Citizen. State changed the charge to misdemeanor battery, thereby enabling him to remain in the United States. Client was sentenced to a withhold and twelve months of misdemeanor reporting probation. All no contact orders were lifted.

State vs. D.T. (FELONY DUI)
Charged with fourth DUI and refusal to submit to roadside sobriety exercises and to blow. Convinced State to allow client to plea to a misdemeanor DUI (as it should be a felony) and sentenced to DUI sanctions and probation.

State vs. T.B. (BURGLARY WITH ASSAULT AND BATTERY / FACING LIFE)
Charged with burglary with assault and misdemeanor battery. Client was facing life in prison. All charges were dismissed by the State’s filing attorney based on an extensive mitigation package sent to the State Attorney’s Office.

State vs. S.T. (BATTERY)
Charged with misdemeanor battery. Charges dismissed.

State vs. G.S. (CHILD ABUSE AND BATTERY)
Charged with child abuse and battery. Client received a withhold of adjudication and a short period of supervision.

State vs. A.L. (BURGLARY, IMPROPER USE OF ID and PETIT THEFT (3 COUNTS) / FACING 20 YEARS PRISON PLUS 3 YEARS JAIL)
Charged with two counts of Burglary, three counts of petit theft and improper use of identification. Client scored 19.95 months in prison at the bottom of the guidelines. Successfully argues a Youthful Offender Downward Departure and client received withholds and probation.

State vs. E.M. (POSSESSION OF CONTROLLED SUBSTANCE AND FELONY POSSESSION OF CANNABIS)
Charged with possession of a controlled substance and felony possession of cannabis. Was successful in getting the state to dismiss all charges at Arraignment.

State vs. G.L. (RESISTING WITHOUT VIOLENCE)
Charged with resisting without violence. Case dismissed

State vs. J.C. (BATTERY)
Charged with misdemeanor battery. Case dismissed on the date of trial

State vs. V.N. (TRESPASS)
Charged with trespass. State dismissed charge.

State vs. E.N. (POSSESSION OF CANNABIS)
Charged with possession of cannabis. Case dismissed

State vs. J.J. (BATTERY ON A LAW ENFORCEMENT OFFICER AND RESISTING WITHOUT VIOLENCE)
Charged with battery on a law enforcement officer and resisting an officer without violence. The felony battery charge was down filed to misdemeanor resisting without violence and the second resisting without violence was dismissed.

State vs. J.J. (BATTERY ON A LAW ENFORCEMENT OFFICER AND RESISTING WITHOUT VIOLENCE)
Charged with battery on a law enforcement officer and resisting an officer without violence. The felony battery charge was down filed to misdemeanor resisting without violence and the second resisting without violence was dismissed.

RECENT TRIAL RESULTS

State vs. R.A. (BURGLARY and GRAND THEFT)
Went to trial on charges of Burglary and Grand Theft. After arguing for judgment of acquittal and the end of the State’s case in chief, major weaknesses were exposed on the State’s case. Case resolved mid-trial to time served on a misdemeanor trespass charge. Client was facing twenty years in Florida State Prison.

State vs. R.G. (AGGRAVATED BATTERY WITH A DEADLY WEAPON)
Went to trial on aggravated battery with a deadly weapon with serious bodily injury. After cross examining the State’s lead witness, the alleged Victim, state offered time served on a felony battery mid-trial. Case resolved prior to verdict

State vs. A.H. (DUI Second WITHIN 5 YEARS)
Went to trial on DUI, second within five years. Client needed an acquittal or he would lose his license to work for the Port Authority. Client’s roadside sobriety exercise video was not favorable to him. Jury came back NOT GUILTY.

State vs. J. R. (BATTERY)
Went to trial on misdemeanor battery. Case had to be tried as the battery charge violated his federal probation where he was facing an automatic ten years in federal prison. Jury came back NOT GUILTY and then felony warrant for violation of felony probation was dismissed.

State vs. F.H.C. (POSSESSION OF CANNABIS)
Went to trial on possession of Cannabis. Jury came back NOT GUILTY

State vs. S.H. (BURGLARY, DELINQUENT IN POSSESSION OF A FIREARM, and DRUG OFFENSES)
Went to trial on burglary, delinquent in possession of a firearm and other drug related offenses. We severed the firearm charge and after swearing in the jury, the State offered a coterminous plea to resolve all of his cases. Client scored an extensive period of time in prison and case resolved to community control followed by probation.

Eric H. Clayman, P.A. has successfully represented individuals on charges ranging from low level second degree misdemeanors up to capital offenses such as human trafficking and murder. He has developed a reputation for operating ethically while aggressively defending the interests of his clients.

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