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Successes and Wins
December 19th was a busy day for R.D., a 36 year old St. Lucie County mother of three (3) with no prior criminal history. After a day of shopping, she stopped at a popular local fern restaurant and bar to have a drink after a busy day. She had two (2) cocktails. Suddenly, she felt...
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January 20, 2007, promised to be like any other Saturday in South Florida for J.T., a twenty-five (25) year old teacher certified to teach in three (3) States, and her fiance , with whom she had recently reconciled. The weekend promised good weather, exercise, libations and good times. Until the phone rang, and J.T.’s nightmare...
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In State v. C.G. 2207MM400, the Defendant was charged with DUI while riding his motorcycle home in the early morning hours of January 28, 2007. The defendant hired Board Certified Criminal Trial Lawyer Jay Kirschner to represent him. Although the client had one previous DUI conviction occurring over twenty (20) years earlier, the previous conviction...
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Out-of-Towner wrongfully charged with Firearm Felonies Saved from Prison Sentence In State v. DB, Case number 2007 CF 2166, a visiting family from Kentucky was driving home on Florida’s Turnpike, when the driver was vicitimized, in a Road Range incident, by another vehicle occupied by 4 Georgia residents. DB, to protect himself and his family,...
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JUDGE THROWS OUT CRIMINAL MISCHIEF CHARGE In State of Florida vs. TB-S, 94-2663-MM, the nineteen (19) year old Defendant was charged with Criminal Mischief, a second degree misdemeanor under Florida law. Some would consider it a ‘minor’ crime, as the statutory maximimum penalty provided is “only” sixty (60) days in the County Jail, Six (6)...
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29 Minute NOT GUILTY verdict Frees Innocent Man, Wrongfully Accused, facing Life in Prison. After a week long jury trial, on April 1, 2010, the jury in State of Florida vs. A.M., St. Lucie County Case # 56-3008- 4630, returned its NOT GUILTY verdict in an incredible 29 minutes. A.M. was charged with arguably the...
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CZH, 19 years old and a student at Indian River State College, along with his girlfriend, A.K., went for a drive to go shopping in Martin County, Florida on May 19 of 2009. The nightmarish scene that followed, some would argue, could only occur in the 19th Judicial Circuit, where overzealous and aggressive law enforcement...
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In State v. G.H., St. Lucie County Case No.: 2009CT4328A, the Defendant was returning home late one evening after having dropped a new friend he’d met at their residence. As G.H. was a student in the Treasure Coast, he was not entirely familiar with the layout of roads, and was unable to negotiate the route...
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1. In State of Flordia vs. J.B., St. Lucie County Case No.: 56-2009-CT-1925A, J.B. was charged with DUI. If convicted, given J.B.’s driving history, he would without doubt have been sentenced to a substantial amount of time in jail. The facts: On May 24, 2009, J.B. was southbound on U.S. Highway 1 shortly after midnight....
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Jonathan Jay Kirschner of Kirschner & Garland, P.A., Fort Pierce, for petitioner. Robert A. Butterworth, Attorney General; and Georgina Jimenez-Orosa and Carol Cobourn Asbury, Assistant Attorneys General, West Palm Beach, for respondent. WELLS, Judge. We have for review Gibbs v. State, 676 So.2d 1001 (Fla. 4th DCA 1996), in which the district court certified the...
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