Cases and Victories

4/29/14 State v. RJ

My client owns a residential lease property wherein the tenant attacked him after he attempted to evict the tenant from the property. She attempted to stab him, and attack his partner. The State dismissed the battery charges because we demonstrated the allege victim’s credibility problems and we presented evidence of Self Defense.

4/22/2014 State v. FE

State announced a Nolle Prosequi (dismissal) after my client and I were able to prove he was simply visiting his son at his child’s football game and attended his Son’s First Holy Communion.

4/14/2014 State v. LG

Felony Domestic Violence case declined where boyfriend and the alleged victim were both charged with Domestic Violence. Both agreed to sign waivers and the State announced a “no information” (dismissal) of the charges.

2/24/2014 State v. JD

The State announced a Nolle Prosequi (dismissal) as to a Grand Theft Shop-lifting case after we discovered the clothes allegedly taken did not match the store’s clothing inventory. The two Polish National Citizens saved their immigration status. They are now on their way to becoming American Citizens.

1/27/2014 State v. HV

My client was found not guilty on all counts as to his 10-20 Life case (Count I: Burglary Dwelling, Counts II-IV: Armed Robbery) after three other lawyers had their clients plead guilty to the charges and were sentenced to 15 years Florida State Prison. My client was acquitted and walked out of the courtroom a free man.

Motion to Supress Granted for Pain Clinic Owner
The Defendant owns and operates a pain clinic. She was visiting her marketing director at a residence in Palm Beach wherein law enforcement stopped her while she was driving her Mecerdez-Benz. Tom O’Connell was able to get the Government to return her Mercedez-Benz and the Palm Beach State Attorney’s Office announced a Nolle Prosse as to Count I: Possession of a Scheduled Substance, Count II: Possession of a Schedule II Substance, Count III: Possession of Oxycodone, Count IV: Possession of a Controlled Substance. The Defendant’s Motion to Suppress was scheduled for Monday morning, and Tom O’Connell provided proof his client had prescriptions which were applicable to all of the drugs located in a little ziplock carry bag and agreed to drop the charges after the Motion to Suppress was rescheduled for one week.

Motion to Suppress Granted for Traffic Stop Search
Judge Amy Smith granted Counsel’s Motion to Suppress because Tom O’Connell’s Client was driving her vehicle wherein Boca Raton Police Officers stopped her, ordered her out of the vehicle, and ordered her to place her purse in the vehicle. They ordered the passenger out of the vehicle. Immediately thereafter, the officer asked the Defendant’s permission to search her vehicle which she agreed to the search. Furthermore, the passenger agreed to be searched and “patted down” and no contraband was located. Unfortunately, Mr. O’Connell’s Client had some cocaine residue in a small plastic ziplock bag within her purse. Judge Amy Smith held the Defendant was not free to go after she was ordered to vacate her vehicle, abandoned, and stayed behind her vehicle. Indeed, it was after 2:00 a.m. in the morning, the passenger was also ordered out of the vehicle, and the officer simply provided the Defendant with a “warning” for speeding without issuing a traffic ticket. The court ordered the driver was not free to go, it was illegal to order her out of her vehicle after the officer handed her a warning which was the purpose of the stop, and the search was beyond the scope of an ordinary traffic stop. Judge Smith followed the precedent handed down by the Florida Fourth District Court of Appeal when she granted Counsel’s Motion to Suppress. The West Palm Beach State Attorney’s Office agreed to dismiss the charges, announced a Nolle Prosse on June 8, 2010.

Manufacturing Cannabis Case Dismissed
Judge Bernard Bober granted Tom O’Connell’s Motion to Suppress where law enforcement approached the Defendant’s house, knocked on the door, did a “knock and talk”, and asked the Defendant for permission to enter his house after they claimed they smelled marijuana. The Defendant allowed the officers to enter his house, and consented to the search after the officers threatened to arrest the Defendant, and possibly arrest the Defendant’s Wife. Defendant’s Wife was upstairs with the Defendant’s Child. Obviously, the Defendant was not free to go, and was surrounded by law enforcement and provided consent to search without having time to contemplate the consent, and the Defendant felt threatened by the presence of the law enforcement officers. Consequently, the Broward County State Attorney’s Officers announced a Nolle Prosequi as to Count I: Manufacturing Cannabis, Count II: Possession of Cannabis 20 grams or less, Count III: Possession of Drug Paraphernalia.

Trafficking in Oxycodone and Possession of Diazepam
The Defendant was driving a vehicle which is owned by her Father. Specifically, a Mercedez-Benz. Davie Police Officer stopped her for a “bad tail light”, ordered the passenger and the Defendant out of the vehicle, and found Oxycodone and Diazepam pills in the vehicle. The officers asked the passenger to take responsibility for the drugs which he denied. Thus, the officers arrested the Defendant and charged her with a 25 year minimum mandatory Count I: Trafficking Oxycodone and Count II: Possession of Diazepam . Judge Carlos Rodriguez granted Tom O’Connell’s Motion to Suppress based upon the fact that the Father’s car was examined by a certified Mercedez-Benz technician, who provided an affidavit for the court for the Motion To Suppress. Specifically, the Father picked up the Mercedez-Benz at the tow truck facility wherein the tag light was perfect. The computerized report provided by Mercedez-Benz indicated there was no tag light problem or other problems with the vehicle. A certified Mercedez-Benz checked the vehicle, provided a certified affidavit indicating the Mercedez-Benz was perfectly fine. The Judge ruled that the stop was not justified based on a tail light which was actually working and the traffic stop for a tag light should have not developed into a search for drugs inside her vehicle. Thus, Judge Carlos Rodriguez followed the legal precedent provided by the Fourth District Court of Appeal and granted Counsel’s Motion to Suppress. The Defendant later benefitted from the State dismissing the charges based upon all the evidence having been suppressed. The Defendant’s case was dropped and she was obviously thrilled she was not facing the prospect of a 25 year minimum mandatory sentence up to 30 years in prison. Fortunately, Tom O’Connell was able to persuade his client to enter into a drug rehabilitation program pending the disposition of the case so she would benefit from a “win win” situation. His client is drug free and the charges were dismissed due to an illegal search and seizure by the Davie Police Department.

Domestic Violence Battery Case Dismissed Over Fabricated Evidence
The Defendant was charged with Count I: Felony Battery (Domestic Strangulation), Count II: False Imprisonment, Count III: Battery, Count IV: Violating Pre-Trial Release/Domestic Violence Restraining Order. The Defendant’s ex-girlfriend kicked him out of his apartment, called the police and totally fabricated the allegations against him. Tom O’Connell was able to take the deposition of law enforcement, completed a thorough background search on the victim, and the State announced a Nolle Prosequi as to Count I through IV on February 9, 2010.

Aggravated Battery on a Pregnant Female Case Thrown Out
The Defendant was accused of committing Aggravated Battery on a Pregnant Female wherein his girlfriend was not pregnant. Indeed, the Defendant’s girlfriend and her relatives tried to revoke the Defendant’s probation pending the disposition of his case. Tom O’Connell was able to convince the court to not revoke his Client’s Pre-Trial Release because he was able to call various civilian witness, including a witness who received various threatening cell phone call messages from the alleged victim indicating she wanted Mr. O’Connell’s client to go to jail. The State agreed to announced a Nolle Prosequi on May 10, 2010 after realizing the alleged victim had a prior adjudication for trafficking in cocaine, had lied about her age, lied about her date of birth, and lied about her real legal name. Tom O’Connell’s client was obviously happy with the case disposition.

Judge Cohen Grants Defense Counsel’s Motion to Suppress
After two (2) years of litigation, Judge Geoffrey Cohen granted Tom O’Connell’s Motion to Suppress Physical Evidence and Statements of the Defendant in a case where the Defendant was charged with Drug Trafficking, Possession of Cocaine, Possession of Marijuana and Domestic Violence. The Defendant’s Sister called the police indicating he had struck her. After meeting the Defendant’s Sister at a shopping center parking lot, the Defendant’s Sister escorted the police officers into his residence. There was no search warrant, no consent, and the officer used the Defendant’s Sister as a shield to enter the residence. Judge Cohen ruled the warrantless seizure of the Defendant, and seizure of the contraband was illegally obtained. A Court Order indicated the Court was troubled by the reported manner in which the Defendant’s Father was treated by at least one (1) police officer in his home. The Court indicated clearly neither the Mother or the Father participated in their Son’s unlawful behavior and they no doubt were greatly distress by it. For the officer to treated the father in the manner described is “offensive and beneath the dignity of law enforcement”. The Trial Court found that the officers failed to follow proper procedure in failing to request consent of the Defendant to search of his room. The Father’s consent was not controlling whether the area to be search was the Defendant’s bedroom and the adult Defendant was physically present. All of the cocaine located in the residence was suppressed. The State later announced a nolle prosequi as to the Domestic Violence charged.

The State Announced a Nolle Prosequi as to an Aggravated Battery on a Pregnant Female Case
After a long evening of drinking, the Defendant was accused of striking and pushing the victim. After years of litigation the State announced a nolle prosequi (i.e., dismissed the case) after depositions were taken, motions were filed and the State realized the alleged victim had lied prior to trial.

Tom O’Connell Earns an Acquittal in an Attempted First Degree Murder Case
In this highly publicized case, the State called numerous witnesses during trial who testified the Defendant shot a gun into their vehicle. The Defendant and his friends had attended a party where a mac-9 gun is discharged into the vehicle. All of the witness testimony was contradictory. One of the witnesses, who’s testimony was perpetuated because she had jointed the U.S. Navy, testified about the different locations of the witnesses. The alleged victim testified he only “heard” of the shooting wherein the Assistant State Attorney assigned to the case attempted to prosecute him for perjury during trial. The Trial Court ruled the witness could testify according to his memory of the events. After deliberating for many hours the jury found the Defendant Not Guilty of Attempted Murder in the 1st Degree, Not Guilty of Burglary of Structure/Dwelling/Conveyance while armed, and Not Guilty of Shooting/Throwing a missel into a vehicle. The State had to announce a Nolle Prosequi as to the Possession of a Firearm by a Convicted Felon because of Double Jeopardy.

The States Announces a Nolle Prosequi as to an Aggravated Stalking Case
In this case, the Defendant was employed as an assistant coach at a College Campus. His former girlfriend filed a complaint against him for allegedly stalking her. Tom O’Connell was able to obtain the cell phone records of the alleged victim/complainant, which showed she had sent numerous text messages and left numerous telephone calls to the Defendant. The alleged victim had claimed to be a nurse even though she was a convicted felon. The victim’s credibility was questionable. The State decided to dismiss the case.