Case Results

FELONY VIOLATION OF PROBATION (FACING 30 YEARS)

FACTS: Client was on probation for serious felony charges after being represented by other counsel. He almost immediately absconded and fled to Europe, where he lived in hiding for over a year. The client, who was not pleased with his original attorney, retained Hager & Schwartz, P.A. to handle the felony violation after the judge wanted to throw him in prison for an extended period of time for taking off.

RESULT: CREDIT FOR TIME SERVED (RELEASED FROM JAIL AFTER ONLY 24 HOURS)
Attorney Brett Schwartz was able to prove to the prosecutor that the reason for him leaving the country after being put on felony probation was work related and his failure to timely return to Florida for probation was a direct result of poor representation by his original attorney.

HOMICIDE/AGGRAVATED CHILD ABUSE (FACING LIFE IN PRISON)

FACTS: Clients one year old child died while sitting in a car seat. While the client was unloading his other children, the child suffocated and passed away. The client originally had another attorney following the investigation without utilizing much diligence.

RESULT: HOMICIDE INVESTIGATION DROPPED
Upon being retained, Mr. Schwartz immediately intervened in the police investigation and presented sufficient evidence to convince the detective that he lacked probable cause that the client committed a criminal act and that the child’s untimely death was an unfortunate, tragic accident.

DOMESTIC BATTERY BY STRANGULATION (FACING 5 YEARS IN PRISON)

FACTS: Clients girlfriend made a false allegation that the client choked her during a verbal argument resulting in her calling the police. As is typical, the police believed the girlfriend with little to no independent corroborating evidence and represented my client, a local professional.

RESULT: CASE DISMISSED
Mr. Schwartz immediately prepared a defense strategy that resulted in the case being dropped by the state within 30 days.

Armed Robbery with a Firearm/ False Imprisonment/Kidnapping (Facing Life in Prison)

FACTS: The young female client had a severe drug addiction that almost killed her. As a result, out of desperation, she met up with a couple other people who got her involved in a scheme to manipulate another person and hold him a gun point for hours. The client was originally represented by a court appointed public defender. Because the client was facing life in prison, the family decided to get involved and called Hager & Schwartz, PA to represent her.

RESULT: Attorney Brett Schwartz created a defense strategy that got the client out of custody and back with her family in less than 12 months.

2 Counts of Aggravated Assault with a Firearm (Facing 10 Years in Prison)

I took over this case from a “High Profile” attorney after the clients mother from out of state called out of desperation because the attorney wasn’t doing what was necessary to help her son with his case. The original attorneys representation resulted in the client being found incompetent and sent off to a long term treatment facility for “stabilization” for well over eight months. The facility continuously pumped the client with drugs for months until Attorney Brett Schwartz took over the case.

RESULT: Mr. Schwartz almost immediately had the client re-evaluated by a private psychologist where he was found competent to proceed allowing the case to be quickly resolved and the client to go home with his family.

2 Counts of Sexual Battery on a Minor and 4 Charges of L&L on a Minor in Two Separate Cases (Facing Multiple Life Terms in Prison)

FACTS: Well known successful artist with no criminal history was accused by two of his daughter’s childhood friends of sexually assaulting them multiple times over 15 years prior to reporting the allegations to police. As a result of the arrest, he was held without a bond in jail until Attorney Brett Schwartz was retained and was quickly able to get him out of custody and on house arrest.

RESULT: Over the course of almost a year, Attorney Brett Schwartz analyzed the states evidence and took the depositions of the alleged victims. He was able to convince the fourth prosecutor assigned to the case that the alleged victims lacked credibility based on significant inconsistencies in their testimony. As a result, all of the sexual offenses were dismissed and the client ultimately plead to one count of a much lesser charge, which allowed him to resume his normal life with his family.

Narcotics Sale and Weapons Charge

Client, who had a criminal history and addiction to narcotics was arrested for illegally carrying a gun and sale of narcotics. Prosecutor wanted to make him a convicted felon and put him in prison for an extended period of time based on facts of case and prior criminal history. After extensive investigation by Mr. Schwartz, client was able to provide enough mitigation that convinced the court to give him a withhold of adjudication thus allowing him to avoid being a convicted felon. He was also placed on 2 years of probation with no jail/prison time as he was facing 30 years in Florida State Prison.

Client had a heated argument with her husband which resulted in an allegation that she punched him in the face. He called the police and she was arrested. After extensive discovery, Mr. Schwartz was successful in obtaining a dismissal of all charges.

Client had an argument and scuffle with her father, who decided to move forward with the criminal charges. After extensive discussions with the prosecutor, Mr. Schwartz was able to get the case dismissed.

Robbery by Sudden Snatching and Resisting without Violence

Client was attending the ULTRA music festival when a police officer allegedly saw him grab a ticket out of another patrons hands, then run away to an awaiting car. Client was facing up to six (6) years in Florida State Prison. Mr. Schwartz, immediately after being retained, investigated the facts and got affidavits from eye witnesses that contradicted the testimony of the officer. As a result, Mr. Schwartz convinced the State Attorneys Office to drop the case, which preserved the clients clean record.

Resisting with Violence, Petit Theft, and Possession of Drug Paraphernalia

Same repeat client as above was again in a situation that resulted in a police confrontation which lead to his arrest. The officer accused him of stealing merchandise from a merchant. When approached, he shoved the officer. The client was again looking at prison time as he was charged with a felony and two misdemeanors. Mr. Schwartz was able to get two counts dismissed due to a bad search and get the felony bound to a misdemeanor, where all he had to do is pay court costs and avoided a conviction.

Juvenile Drug Possession

Our client was charged with juvenile drug possession. We were able to get the case dismissed and expunged off their record.

Client, who is a police officer in California, was in Miami for vacation. When he was leaving and going through airport security he allegedly took an expensive Rolex watch out of the property bin that belonged to someone else. Mr. Schwartz, immediately got the surveillance footage of the alleged incident and was able to establish to the State Attorneys Office that there was intent to “deprive another of their property.”

DUI and Disorderly Intoxication

DUI was broken down to a reckless driving with no conviction and the disorderly intoxication charge was dismissed.

Disorderly Conduct

A client in Miami-Dade was charged with Disorderly Conduct and we were able to get the case dismissed and expunged.

Criminal Mischief and Disorderly Intoxication

Our client was charged with Criminal Mischief and Disorderly Intoxication. The case was dismissed and expunged off record.

Same client as case (repeat client) above got arrested when he was riding a scooter with a friend on South Beach and was stopped for improper turn. The police officer searched the scooter and under the seat found some narcotics. The repeat client was again looking at time in Florida State Prison. Mr. Schwartz immediately called the State Attorney and was able to convince her that there was no basis for the stop and certainly no basis for the search of the scooter. In addition, Mr. Schwartz was able to convince the prosecutor that there was no way they could prove that the client knew there were narcotics under the seat of the scooter.

Client was charged with battery and domestic violence. Our team was able to get the case dropped and expunged off their record.

Armed Robbery with Firearm

Client was picking up some jewelry with some other friends. When they approached the shop, a man came out and attempted to take their money. As a result, one of the individuals in my clients car pulled a gun and shot at the person multiple times, striking him once. The state filed the case and the client was looking at life in prison. However, Mr. Schwartz conducted a thorough investigation of all witnesses and co-defendants. As a direct result, Mr. Schwartz was able to establish that his client had minimal to no involvement and was nothing more than an innocent bystander who had no knowledge that there was a gun and played no role in the shooting. As a result, the case against Mr. Schwartz’ client was eventually dropped. The 3 other co-defendants who were in the same car and represented by the public defenders office all served prison/jail time followed by lengthy probation. Mr. Schwartz’ client got his case dismissed due to extreme efforts of Mr. Schwartz.

Aggravated Battery and Armed Burglary with Battery

Client was with his girlfriend at the front door of one of her male friends. When the friend came to the door, he began flirting with the clients girlfriend which resulted in a fight that caused a glass door to break. The fight continued inside the residence and due to breakage of glass, the resident was seriously injured. Client was charged with burglary with a battery, a life felony, which carried no bond and a maximum penalty of life in Florida State prison. Mr Schwartz immediately upon being retained gathered witnesses and produced affidavits, which contradicted the statement of the alleged victim. A background check on the victim was done on the victim and revealed him to be an extensive drug user with mental stability issues which to some extent tarnished his credibility. As a result, Mr. Schwartz was able to work out a resolution with the alleged victim and the State Attorneys Office which led to the case being dismissed and ensuring that the clients criminal history remained clean.

Aggravated Battery and Domestic Violence Injunction

Client was arrested for aggravated battery and was the recipient of a petition for permanent restraining order. Mr. Schwartz, through deposition was able to establish that the “victim” completely lacked credibility. As a result, the assistant state attorney realized that she had no case because of the lack of physical evidence. She was forced to drop the case.

Client was a manager at a gas station. He had to admonish an employee who decided to get back at him by calling the police and having him arrested for aggravated battery. After extensive discovery and depositions, Mr. Schwartz was able to establish that the alleged victim was lying and thus lacked the credibility to allow the state attorney’s office to prove the case.

Client was accused of stealing property valued at over $300. Mr. Schwartz was able convince the prosecutor to dismiss the case.

When the client was 24 years old, he was arrested for having sexual relations with a fourteen year old. He was facing 30 years in Florida State Prison. Mr. Schwartz, after an exhaustive discovery process was able to negotiate a resolution of community control and probation with no jail time.

Felony possession with Intent to Sell Marijuana Mr. Schwartz was able to negotiate for def to do CSH in order for the entire felony case to be DISMISSED.

CASE DISMISSED after Mr. Schwartz established lack of credibility on behalf of victim and that she was lying about allegations.

Client worked as a garage manager and after a verbal dispute with an employee, the employee called the police and made an allegation that the client hit him in the head with a tool (deadly weapon). The State Attorneys Office filed a charge of Aggravated Battery, which carries a penalty of up to fifteen (15) years on Florida State Prison. Mr. Schwartz conducted a thorough investigation of the scene and the victim and through taking depositions of the eye witnesses and the victim was able to establish a pattern on inconsistency in the alleged victim’s allegations.