Violation of Probation (Stalking)
Client allegedly violated probation for a positive drug test and for not
providing proof of treatment.
Result: Client was not arrested and was able to stay out of jail pending
a hearing. The only sanction the client received was community service.
Client reinstated to probation without jail.
Driving Under the Influence (DUI)
Client was accused of driving around a police barricade. Police reported
the client had the odor of alcohol, slurred speech, and was acting intoxicated.
After field sobriety exercises, the client was arrested and allegedly
had a breath test result of 17/.17. The client’s arrest history
included two prior DUI arrests.
Results: After extensive litigation to suppress the breath test results,
and other pre-trial matters, the State agreed to reduce the charge to
Reckless Driving. The DUI was dropped.
Felony Violation of Probation (VOP - Scheme to Defraud), Driving Under the Influence (DUI)
Client was on probation for a felony charge of Scheming to Defraud when
arrested for Driving Under the Influence (DUI) and Felony Violation of
Probation (VOP). This was the Client’s second VOP. Longwell Lawyers
was able to get the client a bond to remain out during the pendency of
the case. However, the State wanted the client to serve a minimum of 6
months in jail on the VOP and take a conviction on the DUI.
Result: Client received a favorable sentence on the VOP and the DUI was
Dismissed (reduced to Reckless Driving).
Lewd and Lascivious Exhibition Involving a Minor
Client was accused of knowingly engaging in sexual conduct in the presence
a minor child on multiple occasions. Client was facing 30 years in prison
and lifetime registration as a sex offender.
Result: Charges Dropped (client accepted a plea bargain to a lesser offense
that was not a sex offense and that did not result in any incarceration).
Driving Under the Influence (DUI) and Running Red Light Citation
Client was accused of running a red light and causing a motor vehicle accident.
After performing field sobriety exercises the client was arrested for
DUI and submitted to a breath and urine test.
Result: All charges dropped/dismissed.
Driving Under the Influence (DUI), Driving While License Suspended, and Failure to Drive in Single Lane (Traffic Infraction).
Client was accused of failing to drive in a single lane and was stopped
by police. After allegedly failing field sobriety exercises the client
was arrested for DUI. The client allegedly had a breath test above the
legal limit and was also charged wth Driving While License Suspended.
Result: DUI, Driving While License Suspended, and Failure to Drive in Single
Lane were all dismissed (client pled to a lesser charge of reckless driving.
The Court withheld adjudication so that the client received no conviction
and no points).
Possession of Cocaine, DUI, Leaving the Scene of a Crash, Resisting Arrest without Violence, Careless Driving
Client was accused of Crashing into a light pole and leaving the scene.
When Officers found the client in the damaged car, they said the client
was extremely intoxicated. The client was on video. Officers found cocaine
in the client’s possession and claimed that she resisted arrest.
Result: We negotiated a favorable plea bargain that resulted in the client
accepting probation for the misdemeanors only (with the court withholding
adjudication on the Resisting and Leaving the Scene cases). The felony
possession of Cocaine and the Careless Driving were dropped/dismissed
Driving Under the Influence (DUI)
Client was accused of being passed-out behind the wheel of a motor vehicle
that was stopped at an intersection. Police claimed that they had a hard
time waking our client and that our client failed a battery of roadside
field sobriety exercises. Our client allegedly had a .10 breath test result.
Result: DUI dismissed (Client pled to a lesser charge or Reckless Driving.
The Court withheld Adjudication so that the client received no conviction
and no points).
4 Counts of Burglary of a Conveyance, 2 Counts of Grand Theft, 2 Counts of Petit Theft
All Charges Dropped
In the summer of 2014, during the span of approximately 30 minutes, 4 cars
were burglarized outside of a local business. According to Law Enforcement,
security cameras caught the “smash and grabs” on video and
a description of the suspect and his car was distributed to other officers.
About 18 hours later, in the same vicinity of the smash-and-grabs, a patrol
officer sees our client, a black male, driving a grey or silver sedan.
The officer decides to stop the vehicle because the driver and his car
matched the description of the burglary suspect. Our client was arrested,
but not charged with the crimes, and bonded out of jail.
Later, Police requested and obtained a warrant to search our client’s
car, telling judges that our client’s car matched the car that was
in the video. Over a year later, the Police got an arrest warrant for
our client, again, telling judges that his car matched the car that was
seen in the video.
After demanding discovery, and scouring through cell phone records, GPS
wiretap tracking, confidential informant interviews, and dozens of police
reports, Attorney Benjamin Jones realized 2 things:
First, the video was missing and, second, that Law Enforcement wrote an
email describing what was seen on the video. That email described seeing
a black male exit a newer model,
gold or brown [not silver or grey], 4 door sedan, smash the windows, then drive off.
Realizing that Law Enforcement had seemingly lied about the video in their
applications for warrants, and that the basis for stopping and arresting
our client was completely bogus, Mr. Jones filed a Motion to Dismiss alleging
Brady violations for destroying exculpatory evidence and lying on Warrant Affidavits.
After nearly 3 years of litigation, today, prosecutors dropped all charges.
Driving Without a Valid Driver’s License
Client was driving with a license from another country and was arrested
for not having obtaining a valid Florida driver’s license.
Result: Longwell Lawyers asserted defenses that convinced the Prosecutor
to drop the charge.