Case #:
Federal Court - Client charged with receipt of Child Pornography. Facing 5 year minimum mandatory sentence up to 20 years. Guidelines were 121-151 months. Counsel fought long and hard trying to convince Court and Government that client was not a danger to the community and that the evidence does not support the incarceration sought by the Government under the guidelines. Court agreed after hearing testimony and reviewing voluminous materials provided by Counsel. Defendant sentenced to lowest permissible sentence by law - 60 months (5 year minimum mandatory) followed by 5 years supervised release.
Result: Court went on to state that under current facts and circumstances he would have sentenced to less if the law would have allowed him too.
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Federal Court - Client charged with possession of Child Pornography. Guidelines were in 97-120 months in Federal prison. After cases analysis and extensive research, counsel presented the case to the Court for sentencing. Counsel was able to show the Court the low risk of recidivism as opined by a doctor and the need for treatment that outweighed the need for a lengthy guidelines sentence. The Court concurred and found various reasons for a variance and sentence the defendant below guidelines.
Result: Defendant received a sentence of 60 months, 37 months below guidelines.
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Federal Court - Client charged with possession of Child Pornography. Like most clients, no criminal history, no evidence of contact offense, low risk of recidivism. After detailed case presentation to the Court and analysis of the law, both current and past guidelines review, the defendant scored a guideline range of 78-97 months in Federal prison. The Court opined that based on the materials presented a variance was warranted and found that a sentence of 60 months was no disparate and would promote just respect under the law.
Result: Defendant received a sentence of 60 months, 18 months below guidelines.
Case #:
Federal Court - Client charged with possession of Child Pornography. Like most clients, no criminal history, no evidence of contact offense, low risk of recidivism. After detailed case presentation to the Court and analysis of the law, both current and past guidelines review, the defendant scored a guideline range of 78-97 months in Federal prison. The Court opined that based on the materials presented a variance was warranted and found that a sentence of 60 months was no disparate and would promote just respect under the law.
Result: Defendant received a sentence of 60 months, 18 months below guidelines.
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Federal Court - Client charged with Conspiracy to Commit Bank Fraud. Client was arrested and detained initially as she was not a United States citizen. Counsel was able to negotiate her release pre-trial and pre-indictiment. After pushing the matter and working diligently towards a resolution with all interested parties, counsel was able to secure a dismissal on all charges prior to an indictment being returned. Counsel was able to show the Government the defendant's lack of knowledge and involvement and that prosecution was not the appropriate matter for this defendant.
Result: Case dismissed.
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State Court - Osceola County (Central Florida) - Client charged with traveling to meet and minor, attempted lewd and lascivious battery and
solicitation of a minor online. Client was facing prison time under the guidelines and lifetime of sex offender registration. After review of the case file and a detailed analysis of the law and facts, counsel filed three (3) motions of dismiss based on various legal arguments, including a
Brady violation and Entrapment. After review of counsel's motions, in lieu of arguing motions, State chose to DISMISS all counts against Client.
Result: Case dismissed.
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Miami-Dade County - Client was arrested for misdemeanor Battery. Client also not United States citizen and thus counsel had to be cognizant of any potential immigration consequences. After review of the file and presentation of arguments and evidence to the State, case was dropped.
Result: Case dismissed.
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Domestic Violence Injunction - Client was served with request for restraining order. After a lengthy hearing, wherein both parties - petitioner and respondent are in law enforcement - Court sided with Counsel and the respondent and found that the allegations did not rise to the level that required a domestic violence restraining order issue. Based on counsels presentation and interpretation of the facts, client's record remains unblemished and she was able o keep her job in law enforcement.
Result: Case dismissed.
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Domestic Violence Injunction - Client was served with request for restraining order. Client's ex-girlfriend brought the action against respondent. Application was legally insufficient and the case was tossed from Court as the merits were not justified under the law.
Result: Case dismissed.
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Miami-Dade County - Client was arrested for misdemeanor marijuana. Two weeks later he was arrested for Felony marijuana. After working the matter and reviewing the facts and circumstances of each case, counsel was able to secure a dismissal of ALL charges.
Result: Both cases dismissed.
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Miami-Dade County - Client was arrested for Attempted Sexual Battery. The allegations were that the defendant forced himself on the alleged victim. No sexual activity took place. State filed as Attempted Sexual Battery. Under the law that statute requires penetration and the "attempt," is not something that the Courts can predict.
Result: After filing and addressing the Court on a motion to dismiss the Attempted Sexual Battery, the Court agreed and tossed out the charge.
Case #:
Miami-Dade County - Client was arrested for misdemeanor marijuana. Counsel was able to work the case and secure a dismissal for the client. The evidence was inconsistent and thus insufficient to support a conviction.
Result: Case dismissed.
Case #:
Miami-Dade County - Client was arrested for possession of various narcotics and charged with multiple felonies. After review of the case file and discussions with the State counsel was able to demonstrate various weaknesses in the States case and convince the State that the appropriate resolution is not felonies, rather misdemeanors.
Result: Case closed - misdemeanor probation, no conviction, client retains privlege to drive and keeps felony convictions of his record.
Case #:
Miami-Dade County - Client was arrested for misdemeanor marijuana. Client missed a court date and had a warrant issued for his arrest. Counsel was able to get the warrant set aside and resolve the case favorably for the defendant. Through counsels efforts and review of the case and applicable law, State dismissed all charges.
Result: Case dismissed.
Case #:
Miami-Dade County - Client was arrested for misdemeanor marijuana. Client missed a court date and had a warrant issued for his arrest. Counsel was able to get the warrant set aside and resolve the case favorably for the defendant. Through counsels efforts and review of the case and applicable law, State dismissed all charges.
Result:
Case dismissed.
Case #: F12XXXX
Miami Dade County - Client arrested for Battery on the Elderly.
Result: Initial offer was probation which would have left my client with a permanent criminal record; however, after extensive work and negotiations client was enrolled in diversion which will culminate in the case being dismissed.
Case #: F11XXXX
Client had a pending case where the offer for months was 5 years State Prison. Client hired Seltzer Law who reviewed the facts and worked up the case.
Result: After negotiations and demonstrating why an alternative resolution was appropriate, the State concurred and the 60 Months State Prison was reduced to 18 Months!
Case #: F12XXXX
Three Counts of Theft, Fraud and Identity Theft. Was able to self-surrender the client, work with the State in advance of the arraignment and in an effort to show them the true facts behind the case.
Result: After review the State agreed and the case was dismissed at arraignment.
Case #:
Client was arrested after his daughter accused him of inappropriate sexual contact that was lewd and lascivious. The client was facing penalties of 15 years in State Prison for Lewd and Lascivious Exhibition in addition to registration as a sex offender if convicted. Attorney David Seltzer negotiated a complete dismissal and the charges were dropped before the case went to arrangement.
Result: Client hired Attorney David Seltzer to fight these charges, and the case was dismissed.
Case #: 8XXXXXX
Client was arrested and charged with his second DUI within six months. The penalty for multiple DUI charges includes mandatory jail time in addition to other penalties. Lawyer David Seltzer was brought in to challenge the evidence and after doing so, the case was dismissed by the court.
Result: Client hired Attorney David Seltzer to fight a 2nd DUI, and the case was dismissed.
Case #: M11XXXXX
Client was arrested for disorderly intoxication in Miami after a night out with some friends. Client did not recall the incident completely, but after review of the evidence, David Seltzer, Miami Dade Criminal disorderly intoxication Attorney, was able to demonstrate to the State why the case should qualify for pre-trial diversion. Therefore once the client completes the terms of pre-trial diversion the case will be dismissed and the client can petition the court to expunge his record.
Result: Pre-Trial Diversion, next step dismissal.
Case #: F10XXXXX and F08XXXX
Client was convicted in the F08 case in Miami Dade County Florida, and as a result of the conviction was facing deportation. Client was re-arrested on F10 case and retained David Seltzer, Miami Criminal Defense Attorney. After review of the old case and the new case and through negotiations with the Miami Dade State Attorney's Office, David Seltzer, Miami Criminal Defense Lawyer, filed a motion to vacate the plea in the F08 case and was able to resolve both the F10 and F08 cases wherein the client would not suffer immigration consequences and deportation.
Result: Client is no longer in detention and cases are on the road to dismissal
Case #: B10XXXXX
Client was arrested for Misdemeanor Battery in Miami Dade County, Florida. David Seltzer, Miami Criminal Battery Defense Lawyer, investigated the matter, secured video which the Police did not obtain, and was able to prove the case was not as it appeared. Through negotiations and discussions with the State, the result was favorable.
Result: Case Dismissed.
Case #: F11XXXXX
Client was arrested for uttering forged bills and grand theft. After review of the case file and through discussions with the State, David Seltzer, Miami Criminal Theft Attorney, was able to resolve the matter wherein the client will be eligible to expunge his record and have no trace of it once he completes various requirements.
Result: On the road to dismissal and expunging his record.
Case #: F10XXXXX
Client was arrested for possession of firearm by a convicted felon. After review of the file there were some serious issues with the stop, search and seizure of the Firearm. David Seltzer, Miami Criminal Firearms Defense Attorney, through depositions and motions to suppress was able to secure the most favorable result for his Client.
Result: Case Dismissed.
Case #: F08XXXX
Charges: Attempted 2nd Degree Murder, Kidnapping, and Grand Theft. Client was arrested and extradited based on an alleged
Domestic Violence incident. David S. Seltzer, Miami/Fort Lauderdale Criminal Defense Lawyer, successfully negotiated with the State and the Court, the clients release pending trial on a non-bondable offense. Furthermore, David S. Seltzer, Miami/Fort Lauderdale Criminal Defense Attorney, convinced the Miami-Dade State Attorney's Office that the evidence wasn't sufficient to support a conviction.
Result: Case Dismissed
Case #: J07-XXXX
Student was charged with aggravated battery on another student. Miami-Dade County Public Schools was seeking to expel the student. After investigating the incident, Mr. Seltzer was able to persuade the School Board that it was not in the Best Interest of the Student. In the end, the Student continues to be a full-time member of MDCPS.
Case #: F08XXXX
Client was arrested along with a co-defendant for Grand Theft Third Degree - shoplifting, in Miami, Florida. Co-defendant was the individual solely responsible for the crime. The State felt strongly that my client was a co-conspirator and refused to drop the charges. After review of the evidence and discussions with the State, David Seltzer, Miami Criminal Lawyer, was able to demonstrate my client's lack of involvement in the criminal activity. Result, all charges dismissed.
Case #: 12xxxxxxMM10A
Broward County Florida – Officer charged with Battery. After speaking to the state and working the case, the State declined to prosecute. Case dismissed.
Case #: F11xxxxx