Facing Life in Prison, Client Found Not Guilty of All Charges After Trial

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.

Preventing Injustice

Like Any Other Day

On a Tuesday morning in June, our client MG, went to his estranged wife’s home in order to pick up his daughter for their weekly “Daddy-Daughter” day.  The plan was to go to the park, grab a bite to eat and quite possibly end the day with a trip for ice cream.

Sadly, that never happened.  Much to MG’s surprise, he was greeted by a visitor at his wife’s home. Upon opening the door to greet his daughter as he always did, he quickly noticed a man that he had met before appeared from the kitchen.  Before he could even exchange pleasantries with this man, he was violently confronted by him. “What the f*** are you doing here?” the man exclaimed as he charged toward MG.

Not only did this angry and jealous lover verbally confront and physically assault MG, he engaged him in a fight by charging at him right there in the home.  The two men ultimately ended up in an all-out brawl right there in the living room and entrance to the home.  Punches were thrown, our client MG was bitten by this angry man, blood spattered and even furniture was broken during the fight.

Arrested for a Life Felony and Held No Bond

Being that the instigator also happened to be the person who called the police, our client was arrested and charged with Burglary with a Battery, and Aggravated Battery with a Deadly Weapon (the “deadly weapon” was MG’s scooter helmet that he had on his arm when the fight began).  The police did not bother to investigate further or determine that the men, at worst were engaged in mutual combat (or that MG might have been acting in self defense).  They took the caller’s word for it, refused to investigate further and simply arrested MG.

In Florida, Burglary with a Battery is among one of the most serious charges someone can face.  It is a first degree felony punishable by life in prison.  Most importantly, the charge of Burglary with a Battery is considered “non bondable.”

Notwithstanding the investigation (or lack thereof) by law enforcement, MG was forced to sit in jail until something happened.  In a typical case, the process for someone charged with a non bondable offense means that they might sit in jail a minimum of 21 days, up to a few months before an Arthur Hearing can occur or in the worst case scenario while the case is pending (meaning they can spend years in jail without even being convicted or found guilty).

Springing Into Action

For attorney Javier Gonzalez, this did not sit well.  He immediately sprung into action knowing that the facts of the case were much different than how the alleged “victim” recalled them.  In fact, the little evidence available to attorney Javier Gonzalez made it clear that this was not a burglary with a battery, it wasn’t even a battery.  This was a classic case of self defense or mutual combat (at worst).

Holding MG in jail indefinitely would be a travesty and a tremendous miscarriage of justice.  Javier was able to speak with witnesses, including MG’s wife who described the events in a much different way.  Armed with this information and his belief that individuals are truly innocent until proven guilty, he went to the State Attorney’s Office in order to plead MG’s case and give the reasons why they should not file criminal charges against MG and that he should be released from jail immediately.

Released from Jail

Thankfully for MG and as a result of Javier’s hard work on his behalf, he did not have to wait 21 days for the State to make a filing decision, he did not have to wait until an Arthur Hearing was held.  Javier was able to convince the prosecutor to file less severe charges based on the legwork he had done.  Attorney Javier Gonzalez was able to convince the prosecutor to drop the Burglary with a Battery and file less severe charges. In addition, Javier was able to secure a bond for MG—meaning that he was able to fight his case while on bond rather than sitting in jail for an indefinite amount of time.

Exposing the Victim’s “Story”

The story the alleged victim told police was one of an irate and jealous husband (armed with a motorcycle helmet) charging toward him in order to beat him to a pulp. He described a beating so bad that he almost lost consciousness right there by the kitchen.  A beating so bad he was lucky to make it out of that apartment alive. The police and the prosecution bought the story. Hook, line and sinker.

Thankfully for MG, he had the right team in his corner. A team that was able to put all the pieces of the puzzle together, not just what the victim (who had an interest in seeing his girlfriend’s husband going to prison for a very long time) told them.  MG’s defense team focused on the physical evidence on the scene. Where was the blood splatter? Where was the broken furniture found? In addition, MG’s criminal defense team was able to expose every piece of the “victim’s” story.  All the inconsistencies, lies and exaggerations.  Every. Single. One.

Trial

Once all the hard work was done it was time to give our client his day in court.  The trial started on Monday with very contentious pretrial motions and then it was on to jury selection.

Given the exposure MG was facing—30 years in prison—navigating the trial, all the witness testimony and exhibits was no small feat.  Thankfully for MG, he had the right team in his corner.  Attorneys Javier Gonzalez and Daniel Izquierdo were able to build on all their hard work pretrial and show the jury all the lies and inconsistencies coming from the “victim’s” story.

Little by little, they chipped away at every piece of testimony and evidence.  They were able to show the jury that this was all fabricated by the “victim” and the police simply jumped a conclusion without ever taking MG’s word for it.  They refused to listen once they had him in custody.  As far as the police and the prosecutors were concerned, there was nothing more to see.  Just a jealous and enraged husband taking it out on his wife’s boyfriend.  The reality of the situation: the “victim” was just upset that his girlfriend’s husband happened to show up and he merely lost a fight that he himself had started.

The jury saw right through it.

Verdict

Not Guilty of All Charges!

Do You Find Yourself In Need Of A Miami Criminal Defense Lawyer?

If you’ve recently found yourself in need of an experienced criminal defense attorney in Miami you should contact me as soon as possible. Please feel free to contact me online or to call my Coral Gables office directly at 305.707.7345. You can also request my free book “The Ultimate Guide To Fighting Criminal Charges In Florida”, a detailed download discussing the myths, rumors and hearsay often associated with criminal charges, what to expect from your criminal court proceedings and important steps you must take to battle your charges.