Criminal Victories

Harris W. Gilbert’s Criminal Victories

Case #05-009592-CF10A
Man charged with Burglary of a Dwelling in Repeat Offender Court. Facing 30 years in prison as a Habitual Offender. Not Guilty Verdict in 8 1/2 minutes.*

Case #04-008991-CF10A:
Gilbert & Smallman team up to defend a Man charged with Felony Possession of Cannabis for 16 pounds of marijuana when a package was delivered to his address by the DEA in a setup controlled delivery. Not Guilty Verdict.*

Case #04-017045-CF10A:
Gilbert & Smallman team up to defend an 18 Year Old boy charged with Aggravated Assault with a Firearm. Facing a 3 year minimum mandatory prison sentence because of the firearm. He allegedly pulled the gun on 3 kids from his neighborhood with whom he didn’t get along with. Not Guilty verdict.*

Case #04-012756-CF10A:
Homeless man charged with possession of cocaine and possession of drug paraphernalia in reference to a crack pipe that was found in his pocket. Defense announces ready for trial and the state agrees to time serve the Defendant before trial. He walked out of jail that day.*

Case #03-028648MM10A:
Man charged with DUI (3rd offense). Defendant was excessively speeding and admitted to use of alcohol. Not Guilty verdict on the count of DUI.*

Case #04-021691-MM10A:
Young man charged with petit theft when a Loss Prevention Officer in Winn Dixie Supermarket saw the Defendant take a bottle of medicine off the shelf and eat two pills. The Loss Prevention Officer was effectively discredited on the stand by Defense Counsel through cross examination. Not Guilty verdict.

Case #04-008422-MM10A:
Man charged with battery when he punched his boss in the face after not getting paid during the holiday season. After the man struck his boss, his wife clubbed the boss in the back of the head with a 2 x 4. The man testified to constant dizzy spells and headaches as a result. The Defendant testified to his actions being in self defense. Not Guilty verdict.

Case #03-020793-MM10A:
Man charged with DUI when he was sitting in parked car cleaning it. The Defendant tested positive in his urineanalysis to opiates and other agents commonly used to cut heroin. The State’s expert Toxicologist testified the Defendant may have been under the influence of Heroin. Cross Examination revealed the cutting agent is also commonly used in Tonic Water. Not Guilty verdict.*

Case #03-020483-MM10A:
Man charged with DUI who was pulled over for an obscured license plate. Motion to suppress granted for an illegal traffic stop and the DUI was dropped as a result.*

Case #03-026120-MM10A:
Man charged with Driving While License Suspended and the State Attorney was asking for jail time. He was pulled over for driving too slow in violation of Florida Statutes. After proving his driving actions had no effect on traffic the judge granted a motion to suppress the stop because of the illegality. State Attorney drops the case as a result.

Case #04-004450-MM10A:
Woman charged with DUI. She was caught in the driver seat along with another male allegedly having intercourse while the car was moving. Both people arrested for DUI for being in “actual physical control” of the vehicle. Defense argues the woman had no ability to control the vehicle from the lap of another. Not Guilty verdict.*

Case #03-028001-MM10A:
Woman charged with battery for allegedly striking another woman in a gentleman’s club in a fight over a customer and a bottle of champagne. After victim was discredited in cross examination the Defense rests their case. Not Guilty verdict.

Case #03-010390-MM10A:
Woman arrested for trespassing at a medical office building when she was seen hanging out in the area after business hours. State fails to prove the elements and the case is dismissed by the judge before it goes to the jury. Judgement of Acquittal granted.

Case #03-011166-CF10A:
Man charged with aggravated assault with a deadly weapon for allegedly trying to run over his ex-girlfriend with his truck. Defense motion for mistrial granted in the middle of the State’s case. Defendant offered probation instead of prison time as a result.*

Case #03-021904-MM10A:
Man charged with DUI. Pulled over for weaving on the highway. Cooler found in his car with liquor and beer. Defendant asked to perform roadside tests on the side of a major highway. Events all on videotape. Not Guilty verdict.

Case #03-027435-MM10A:
Man charged with DUI and Fleeing and Eluding a Police Officer. Defendant’s vehicle was found at the scene of a cop chase where the person got away by ditching the vehicle and jumping a fence. Defendant was arrested and testified that someone else was borrowing his car. Not Guilty verdict.

*** The above results are factual content from past legal representation. All results can be verified with the respective county clerk’s office. In no way does the Law Offices of Gilbert & Smallman PLLC guarantee these results for your case. Please contact us with any questions *** *Denotes case had co-counsel For a free initial consultation, please contact Gilbert & Smallman at 954-661-7371. We can provide you with great legal advice

Andrew J. Smallman’s Criminal Victories

Case #12-6730MM:
Client was charged with domestic violence Battery, State Nolle Prosse (Dismissed) case at the trial date.

Case #8839XBP:
Client was charged with DUI involving a car accident. Negotiated a dismissal of the DUI. The state agreed to change the charge to a reckless driving, keeping a DUI conviction off of the client’s permanent record.

Case #12-22041MM:
Client was charged with Domestic Battery, State Nolle Prossed (dismissed) the case at trial date.

Case #12-22041MM:
Client picked up county charges while being arrested in accordance with a federal felony. All charges “no info’d,” (not charged).

Case #12-15925MM10:
Client was visiting a loved one at the county jail when an officer, who didn’t like what she was wearing, kicked her out and ordered her charged with disorderly conduct. After our firm got involved, the state declined to file charges.

Case #12-22282MM: Client was charged with Domestic Battery. State Nolle Prosse’d (dismissed) case at the trial date.

Case #12-13286CF:
Client was charged with Aggravated Battery with a Deadly Weapon. Our prefile investigation revealed that our client committed no illegal actions. State declined to file charges.

Case #12-1119CF:
Client was charged with possession of cocaine at the Hard Rock. Case was dismissed by the State after a Judge granted our motion to suppress evidence, finding that law enforcement took illegal action.

Case #12-19945MM:
Client charged with urinating in Public (which was really behind a building). Charges dismissed.

Case #11-2978:
3 Counts of attempted murder dropped!! Client received time served for one lesser Felony offense.

Case #F-11-005125:
Client was charged with possession of cocaine. The State dismissed the charges after our firm filed a motion to suppress the illegal arrest.

Case #11-23567MM:
Client was charged with Possession of Marijuana and Drug Paraphernalia. The state dismissed the charges after our firm filed a motion to suppress the illegal arrest.

Case #11-017463MM:
Client was charged with DUI. Our firm filed a motion to suppress what we thought was an improper address. Motion to suppress Granted! Case dismissed.

Case #12-11219MM:
Client was charged with possession of marijuana. Motion to suppress an illegal arrest filed and granted! Case dismissed!

Case #10-7683CF:
2 Counts of Burglary (Felony) negotiated down to Petit Theft. Resolved to no conviction.

Case #12-9599MM:
Our firm filed a motion to suppress an illegal arrest. State declined to argue the motion to suppress that was filed. Case dismissed.

Case #DVCE 12-2176:
Our client had a restraining order filed against him. The restraining order was denied based on our firm’s argument that there was a lack of evidence…..Order denied!

Case #10-5639CF:
Client with an extensive criminal history, scoring mandatory prison came to our firm for help. After arguing to a Judge why he should not have to mandatorily go to prison, the Judge granted our motion and allowed the client to remain out of custody to do probation.

Case #11-6221CF:
Client was charged with trafficking narcotic pills, a crime with a mandatory prison sentence. After our firm investigated the arrest and filed a motion to suppress, the case was argued and a Judge agreed with us…case dismissed! Prison avoided!

Case #11-8252CF:
Client was charged with Aggravated Assault with a deadly weapon for allegedly trying to hit someone with his car. After a 2 day trial, the jury found our client NOT GUILTY.

Case #10-20306MM10:
Our client was charged with the improper exhibition of a Firearm. After the charge was dropped from a Felony to a misdemeanor, we went to trial…NOT GUILTY.

Case #11-12998CF:
Client was charged with Battery on a Law Enforcement Officer. After investigation this case prior to trial, the State agreed to change the charge to misdemeanor resisting with out violence. The case was resolved to no conviction.

Case #08-27988MM10:
Our client was arrested for possession of marijuana after polce entered his home. Our firm filed a motion to suppress and argued to a Judge that the arrest, specifically the entry into our client’s home, was not legal. The Judge granted our motion and the case was dismissed.

Case #08-2348CF:
Our client was arrested for possession of cocaine after being stopped because the officer said he was suspiciously sitting in his car near some closed businesses. After doing our investigation, we deemed the arrest illegal. After filing and arguing a motion to suppress the illegal arrest, the Judge agreed with us. Case dismissed!

Case #06-3120MM:
Our client was charged with unlicensed contracting with him owing $30,000 in restitution. After our firm investigated the charges, a motion to dismiss was filed and GRANTED, saving our client a conviction, and $30,000.

Case #04-6173MM10A:
Man harassed outside his house while police are investigating a burglar alarm that went off next door. Man is arrested for resisting without violence. NOT GUILTY.

Case #04-10238MM10A:
Man stopped in his car for traffic infraction. Police find marijuana in the car. State drops charges after jury selection.

Case #04-18499cf10A:
Man is arrested while walking past a motel. Police stop him based on a tip of narcotic sales and search him without his consent. Police find nothing pertaining to drugs but find a handcuff key. Police charge him with possession of a handcuff key (which, believe it or not can be a felony) and a jury finds him NOT GUILTY in 5 minutes.*

Case #05-4806cf10A:
Man is accused of throwing away a crack pipe when a Detective claims to see it on him. Detective arrests him and charges him with felony tampering with evidence. The Detective then searches him and finds marijuana in his sock. The client ran away half way through the trial and trial went on without him. Both Counts. NOT GUILTY.

Case #05-15636CF10A:
Man is accused of felony tampering with evidence when police accuse him of swallowing a rock of cocaine. Found NOT GUILTY.*

Case #05-8315CF10C:
Man charged with aggravated Battery stemming from a fight where it is alleged that a bottle was used as a weapon. Motion to dismiss granted at trial after opening statements.

Case #05-9497CF10A:
Woman stopped by police when the accuse her of making motions consistent with prostitution. Defense alleges an illegal stop and brings forth motion to suppress all evidence. Motion granted. State drops charges.

Case #05-7710CF10A:
Anonymous tip to police alleges black man in certain colored clothing was attempting to break into cars by trying door handles. Police arrive and detain a man they feel meets the description. Defense feels that police stop was illegal and brings forth a motion to suppress all evidence. Motion granted. State drops all charges.

*** The above results are factual content from past legal representation. All results can be verified with the respective county clerk’s office. In no way does the Law Offices of Gilbert & Smallman PLLC guarantee these results for your case. Please contact us with any questions *** *Denotes case had co-counsel For a free initial consultation, please contact Gilbert & Smallman at 954-661-7371. We can provide you with great legal advice

You should know that:

Please check to confirm each statement