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Mayberry/Rich Case Results
These are actual case results that the attorneys at Mayberry/Rich obtained for their clients. For more information, check out our blog on Criminal Defense in Tampa.
Case Results
STATE V DC
RESULT: Warrant Recall and Probation Terminated
Client was placed on 5 years State probation in 1992 for possession of cocaine. During the term of probation, the defendant transferred her probation to Colorado. While in Colorado in 1997, the defendant was arrested on new law charges. When Hillsborough County was notified of the new arrest, a no bond warrant was issued for her arrest for violation of probation. The defendant continued to report to her probation officer in Colorado unaware that a warrant had been issued. In August of 2008, the client was notified that her SSI benefits were being cut off due to warrant out of Hillsborough County. The Defendant contacted Attorney Jeff Rich who was able to file a motion to recall the warrant and terminate probation before Judge Perry in Hillsborough County. Due to medical reasons, the defendant was unable to appear at the hearing. At the hearing, Attorney Rich was able to argue to have the warrant recalled and have the defendant's probation terminated. The Judge agreed and recalled the warrant and terminated her probation. The defendant was facing up to 5 years in the Florida Department of Corrections.
STATE v. HS
RESULT: DISMISSED
Our client was charged with felony domestic battery and false imprisonment. He faced up to up to 10 years in prison. Jeff Rich pushed this case to trial feeling that the facts were not good for the State Attorney's Office. Prior to trial the state offered to reduce the case to misdemeanor battery and time served. Jeff Rich declined the offer and just prior to picking a jury, the State dismissed all charges.
STATE V. PS
RESULTS: NO CHARGES FILED
Defendant was charged with Aggravated Assault with a Deadly Weapon, a third degree felony in the state of Florida, punishable up to 5 years in the Department of Corrections. Immediately after being arrested, the defendant’s family contacted attorney Jeff Rich, who appeared at the defendants first appearance the next morning. At the first appearance, Attorney Rich was able to establish that there was no probable cause for the arrest. In the weeks after the arrest, Mr. Rich was in contact with the Assistant State Attorney who was assigned the case. Attorney Rich was able to point out may inconsistent in the alleged victim’s story along with the fact that she lacked credibility. Even though the prosecutor had a participating victim they choose not to go forward with the case and filed no charges against the defendant.
STATE v. HS
RESULTS: CHARGES DROPPED
Client was accused of domestic violence for allegedly pushing his ex wife three times into a cinder block wall in the laundry room of his home. Ex wife called the police who met her at her parent’s home and took pictures of her lip which was allegedly scratched and had dried up blood on it. Jason Mayberry reviewed the pictures submitted by the State and encouraged his client to take the case to trial. During jury selection Mayberry was faced with four potential jurors with law enforcement backgrounds (not favorable for the Defense) and four potential jurors who had negative experiences with domestic violence in their past, out of 16 total potential jurors to choose from. After successfully removing all unfavorable jurors for the defense, Mayberry was able to choose a jury favorable for his client. Prior to trial the next day Mayberry advised his client to turn down both a 6 month and 3 month probation offer while pushing the case forward to trial. With the State losing confidence in their case, they ultimately dropped the charges against Mayberry’s client prior to the trial beginning. Because a jury was selected prior to the State dropping the charge, double jeopardy would prevent them from being able to re-file charges against Mayberry’s client.
STATE V. SM
RESULTS: CASE DROPPED
Client is an immigrant who has become a pillar in his community with no history of violence and no criminal background. Client inadvertently overstayed his Visa. After a verbal altercation between his wife and a neighbor, the neighbor opened Client’s front door of his condo and lunged in at Client’s wife who was doing dishes in her kitchen. Client rose from his couch inside his living room and told the neighbor to get away from Client’s wife. When neighbor refused Client’s request, Client grabbed a baseball bat and demanded that neighbor leave again. Neighbor then called the police and my Client was arrested for Aggravated Assault, a deportable felony. Because Client overstayed his Visa he was put on an Immigrations Hold and was not allowed to bond out. Further, conviction of Aggravated Assault would have most certainly meant deportation for my client. After much communication with the State Attorney’s Office, and submission of a Decline Packet, Jason Mayberry was able to convince the State Attorney’s Office to DROP ALL CHARGES against his client.
STATE v. JT
RESULT: Dismissed
Client issued two citations, speeding and mutilated driver’s license. Attorney Jeff Rich requested a hearing and was able to have both citations dismissed.
STATE v. HD
RESULT: No Points
Client issued 3 moving violations in 10 days. Jason Mayberry was able to avoid his client receiving any points for any of the infractions.
STATE v. RG
RESULT: Dismissed
Client pulled over and issued a speeding ticket for going 30 miles per hour over the posted limit. During the stop the client was unable to produce his Texas driver’s license. Jason Mayberry was able to show that the client had a valid license and that the officer on scene had issued an erroneous criminal infraction. The Prosecutor dismissed the criminal charge and the Judge agreed to merge and dismiss the speeding infraction.
STATE v. EG
RESULT: Dismissed
Client issued traffic citation in Polk County for speeding 30 miles per hour over the speed limit. Jason Mayberry requested a hearing and was able to get her ticket completely dismissed.
STATE v. AB
RESULT: Dismissed
Client involved in accident where his car rear-ended another driver. There was a question of road rage on the part of the other driver, leading him to slam on his brakes and thus my client was unable to avoid hitting him from behind. Jason Mayberry requested a hearing and was able to get the client’s ticket completely dismissed.
STATE v. GG
RESULTS: HTO OVERTURNED
Defendant entered a plea to Driving with a Suspended License with Knowledge. At the time of the plea, the defendant was not represented by counsel. The defendant was Adjudicated Guilty of the offense. The charge was his third within the last 5 years. A few weeks after the defendant entered the plea, he received a letter from the Florida Department of Motor Vehicles informing him that his driver’s license was going to be revoked for 5 years. The defendant then contacted Mayberry/Rich and the attorneys were able to successfully go to court and with draw the plea . This resulted in the defendant's full drivers license being reinstated.
STATE v. BC
RESULT: CLIENT PAID COURT COSTS ONLY
Client was charged with driving while license suspended, in violation of his business purposes only permit. Classified as a habitual traffic offender, the State was asking for a sentence of 60 days jail. Jason Mayberry drafted a motion that reversed client’s habitual traffic offender status, obtained his full license privilege, and advised the client to enter an open plea to the Judge. The Judge appreciated the fact that he was able to regain my client's full license and reverse his habitual status and sentenced him to pay only court costs and nothing else.
STATE v. MS
RESULT: CASE DISMISSED
Client was charged with Driving with a Suspended License with Knowledge. The clients license was suspended out of the state of Virginia. Client was unaware of the suspension however the law enforcement still issued a criminal citation. To make matters more complicated, the client was scheduled to deploy to serve in the United States Air Force in Iraq two weeks before his first court date. Client contacted Attorney Jeff Rich who was able to waive the clients appearance for all court dates. Additionally, Attorney Rich contacted the Virginia’s Drivers License Bureau to obtain an affidavit that the suspension was issued in error. After providing this information to the State Attorney’s Office, the case was immediately dropped.
STATE v. DB
RESULT: DUI reduced to Reckless Driving
Client charged with DUI in PINELLAS COUNTY after driving with his headlights off and on the wrong side of the road. Client showed all six signs of impairment on the Horizontal Gaze Nystagmus test and then subsequently refused to participate in further field sobriety exercises and the breath test. It was noted that the client acted irrationally, yelling at the Officers. After thoroughly investigating this case, setting the case for trial, and filing a complex Motion in Limine to prevent the State from using the Horizontal Gaze Nystagmus test at trial, Jason Mayberry was able to negotiate a limited penalty Reckless Driving down-charge. Pinellas County is notoriously one of the most difficult counties in Florida to get a Reckless Driving down-charge in.
STATE V. CW
RESULT: STATE REDUCED CHARGES TO RECKLESS DRIVING
Our Client was charged with a second DUI. The defendant also had two prior DUI reductions to reckless driving which made this the defendant's fourth alcohol-related arrest. Attorney Jeff Rich drafted and presented a motion to suppress based on an illegal stop. The motion was presented to the Assistant State attorney who offered to reduce the charge to reckless driving if we chose not to go forward with the motion. The client made the decision to accept the offer to reckless driving with very minimal sanctions.
STATE V. MB
RESULTS: PRE-TRIAL DIVERSION
Client charged with one count of Grand Theft, a third degree felony, and one count of Fraudulent Use of a Credit Card a third degree felony. Jason Mayberry informed the Prosecutor of his client’s desire to one day be a Doctor and laid out the fact that the client was in the process of applying for medical schools. Using this information and citing that the client had only one misdemeanor in their past, Jason Mayberry was able to negotiate a Pre-Trial Diversion deal with the Prosecutor. By entering and successful completion of Pre-Trial Diversion the Client is given an opportunity to have the case dropped.
STATE V. MR
RESULTS: WITHHOLD OF ADJUDICATION, RESTITUTION ONLY
Client charged with one count of Grand Theft a third degree felony. Jason Mayberry negotiated with the prosecutor earning a deal consisting of a Withhold of Adjudication and Probation consisting of only repayment of the allegedly stolen funds. Jason Mayberry recommended to his client to bypass the Pre-Trial Diversion program in this county so as to be able to seal client’s record in the future. Entry into Pre-Trial Diversion in this particular county does not allow for potential sealing or expungement at a later date, thus the arrest for a felony crime of dishonesty would be on his record permanently. Client wanted to be able to seal his record, and knowing of the caveat in the Pre-Trial Diversion agreement in this particular county, Jason Mayberry strategically advised his client to enter in to a plea deal involving a Withhold of Adjudication. Because the client has no prior record, he will be able to seal his record upon successful completion of probation.
STATE v. S.V.
RESULT: CREDIT FOR TIME SERVED
Client charged with 19 counts of theft related third degree felonies. Client could have faced a sentence with all counts being run consecutively. Facts of case were not in our favor. Jason Mayberry negotiated a plea deal amounting to time served in jail and 3 years probation with minimal restrictions.
STATE v. MC a child
RESULT: Probation
Client charged with 2nd Degree Felony Fleeing to Elude, 3rd Degree Felony Burglary of Unoccupied Structure, and 1st Degree Misdemeanor Obstruction of Justice. Client had a score sheet that would have likely earned him detention without negotiation. Jason Mayberry was able to negotiate a plea where the client pled to 3rd Degree Felony Fleeing to Elude, and 1st Degree Misdemeanor Obstruction of Justice. Pursuant to plea negotiations the State Attorney’s Office did not recommend detention. Jason Mayberry strategically transferred the case to the client’s home county where he could work with a Department of Juvenile Justice representative familiar with the client. After speaking with the DJJ representative, the client was recommended to perform probation only.
STATE v. EF
RESULT: NO CHARGES FILED
Client was contacted by law enforcement on suspicion of conspiracy to commit arson and conspiracy to commit insurance fraud. Both the State and Federal law enforcement agency’s where involved in the investigation. Immediately after being contacted by law enforcement, client contacted attorney Jeff Rich. Attorney Rich contacted both the State Attorney’s office and Law enforcement and avoided any charges being filed against the client.
NM v. NM
RESULT: INJUNCTION GRANTED
Client had been deprived of her ability to leave her marital home by her husband. She had been drinking that evening and gave her account of what happened including being pushed to the ground and held there three times. The Respondent called his friend who was at the scene (former Police Officer) to testify on his behalf and testified himself that the client's version of the events were false. Jason Mayberry was able to successfully cross examine both the respondent and his witness by impeaching their story, thus earning an injunction for the client for an indefinite amount of time.
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