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Crimes Against LEO

Charge: Resisting Arrest without Violence

  • Case: State vs. C.J
  • Case #: 2012-cm-0X8X6X
  • County: Brevard County
  • Date: January 2013
  • Facts: My client was at a house when a search warrant was served on the residence. He ran out the back door and was arrested. The police charged him with resisting which also violated his Felony probation. The state dismissed the charge and reinstated him on his probation, after the State had initially wanted to send him away for four years to the department of corrections.
  • Outcome: Charges dismissed.

Charge: Depriving Law Enforcement of Communication; Resisting an Officer With Violence; Battery of Law Enforcement

  • Case: State v. L.B
  • Case #: 2009-cf-0X5X3XA
  • County: Brevard County
  • Date: August 2012
  • Facts:The police tried to stop the client at a gas station. The client got upset and an altercation proceeded. The client felt the police were harassing him.
  • Outcome: All the felony charges were dismissed against the defendant.

Charge: Battery on a Law Enforcement Officer; Battery on Law Enforcement; Resisting an Officer With Violence; Disorderly Intoxication

  • Case: State v. E.F
  • Case #: 2011-cf-0X9X7XA
  • County: Brevard County
  • Date: August 2012
  • Facts: The defendant was charged with three felonies and was facing up to fifteen years in prison. The police accused her of striking officers.
  • Outcome: The state dismissed counts 1 and 2 right before trial. In return, the client entered a negotiated plea to two misdemeanors and received a withhold of adjudication and twelve months probation.

Charge: Resisting Arrest without Violence

  • Case: State vs. D.W
  • Case #: 2011-mm-0X0X0X
  • County: Brevard County
  • Date: November 2011
  • Facts: The client was accused of resisting a police officer, during an incident in which client was trying to break up an altercation.
  • Outcome: After the attorney discussed the facts with the state, the charges were dismissed.

Charge: Disobedience to a Police Officer

  • Case: State vs. K.M.
  • Case #: 2011-ct-0X5X1XA
  • County: Brevard County
  • Date: November 2011
  • Facts: The client was accused of not obeying a police officer. The officer alleged that the client did not stop when the officer yelled at him to do so.
  • Outcome: The charges were dismissed right before a trial.

White Collar Crimes

Charges: Organized Fraud obtaining property under 20,000 dollars (Maximum penalty 5 years in the Department of Corrections); Grand theft under 20,000 (maximum penalty 5 years in the Department of Corrections)

  • Case: State vs. B.K.
  • Case #: 2011-cf-0X5X5X
  • County: Brevard County
  • Date: April 2012
  • Facts: The client was accused of stealing money, after a business deal went sour. The state filed charges. The attorneys at the Law Offices of Germain & McCarthy, LLC investigated the case for several months, which culminated in the State Attorney’s office dropping the charges prior to trial.
  • Outcome: The client was reinstated on their probation

Violation of Probation

Charge: Violation of Probation on an Armed Robbery Conviction

  • Case: State vs. S.M.
  • Case #: 2000-cf-0X4X9XC
  • County: Brevard County
  • Date: July 2011
  • Facts: The client was accused of a violation of probation. The client tested positive for cocaine in a urine sample. The state attorney wanted the Judge to sentence the client to five years in the Florida Department of corrections. The client hired our law firm to assist in trying to get put back on probation. The client had completed eight years of a ten year term of probation prior to being violated.
  • Outcome: The client was reinstated on their probation

Charge: Acquiring or Obtaining a Controlled Substance by Forgery (Violation of Probation)

  • Case: State vs. J.D.
  • Case #: 2007-cf-0X4X3X
  • County: Brevard County
  • Date: February 2013
  • Facts: The client contacted this office after she was arrested on a felony warrant for violating her probation by absconding to another state. The attorney was able to get her a deal to credit for time served and a downward departure.
  • Outcome: Credit time served.

Property Crimes

Charge: Burglary of a Structure, Possession of Burglary Tools, and Criminal Mischief

  • Case: State v. A.L
  • Case #: 2012-cf-0X9X1XA
  • County: Brevard County
  • Date: January 2013
  • Facts: The defendant was charged with two felonies and one misdemeanor was facing up to ten years in prison.
  • Outcome: The state dismissed all counts.

Charge: Burglary of an Occupied Dwelling, Burglary of a structure, Grand Theft

  • Case: State v. J.P
  • Case #: 2012-cj-0X4X5X
  • County: Brevard County
  • Date: February 2013
  • Facts: The parents of the juvenile client were concerned about their son being charged as an adult or becoming a convicted felon. We were able to get the more serious charge of Burglary of an occupied dwelling dropped, and the client was not convicted of any of the crimes.
  • Outcome: The burglary of an occupied dwelling was dismissed.

Violent Crimes

Charge: Disorderly Conduct

  • Case: State v. D.C.
  • Case #: 2012-mm-0X8X6XA
  • County: Brevard County
  • Date: January 2013
  • Facts: The client was arrested on his birthday. The client was in downtown Melbourne with some friends when the police arrested him.
  • Outcome: Charges were dismissed.

Charge: Robbery

  • Case: State v. B.D.
  • Case #: 2013-cf-0X2X4XA
  • County: Brevard County
  • Date: August 2013
  • Facts: The state decided not to pursue charges after the client was arrested. The attorney spoke to the State Attorney’s office and after discussing the case, the charges were dropped.
  • Outcome: Charges were dismissed.

Charges: Armed Robbery with a Firearm; Armed Burglary with a Firearm and Knife; Aggravated Battery; Battery

  • Case: State vs. J.P
  • Case #: 2009-cf-0X9X8XB
  • County: Brevard County
  • Date: Jury Trial from 1/4/11 to 1/7/11
  • Facts: The state of Florida accused the client of being involved in an armed robbery, armed burglary, battery, and aggravated battery. The state alleged that the client with four other people went and attacked a man and his fiancé. The man was cut with a knife in a melee that occurred outside. The man then ran into his apartment where allegedly the attack continued. The state alleged that two cell phones were stolen during this incident. In addition, the state alleged that one of the attackers pulled a gun on the couple. The state went to trial against the client on the theory of principal. The man and woman testified at trial that they were sure that the client was one of the men that entered their apartment without permission. If convicted of counts one or two, the defendant would have been given a mandatory life sentence without the possibility of parole.
  • Outcome: The jury returned a verdict of a not guilty to count 1 armed robbery; not guilt to count 2 armed burglary; and not guilty to count 4 battery. The jury did return a verdict of guilty to a lesser included offense of battery to count 3 which started as aggravated battery. The Judge gave the client credit for time served for one year in the Brevard County Jail.

Charge: Aggravated Assault with Firearm; Battery; Use of Firearm in Commission of Felony

  • Case: State v. W.M
  • Case #: 2010-cf-0X0X0X0X
  • County: Brevard County
  • Date: October 2010
  • Facts: The client was alleged to have taken a gun out and point it at someone. The alleged victim stated that the client threatened to shoot and kill him. The police arrested the client and turned the case over to the state attorney’s office.
  • Outcome: The state dropped all the charges.

Sexual Offenses

Charge: Two Counts of Sexual Battery on Someone Physically Helpless to Resist

  • Case: State of Florida vs. G.F
  • Case #: 2010-cf-0X1X7X
  • County: Brevard County
  • Date: February 2010
  • Facts: The client was accused of committing sexual battery. The police alleged that the alleged victim was physically helpless to consent to having sex. The police arrested the client and took statements from everyone that was an alleged witness. The client denied doing anything wrong with the alleged victim. The client believed that the alleged victim was making the allegations up do to her having a boyfriend at the time.
  • Outcome: After the attorney reviewed the evidence available, the attorney spoke to the state attorney’s office. The state attorney’s office decided that it did not have the necessary evidence to charge the client. The state dropped all the charges against the client.

Domestic Violence

Charge: Domestic Battery, DUI Second Offense

  • Case: State vs. H.H.
  • Case #: 2012-mm-0X5X4X
  • County: Palm Beach County
  • Date: June 2013
  • Facts: The police were called to a restaurant in regards to a domestic dispute. My client was arrested for allegedly running over his girlfriend’s foot and operating his vehicle while under the influence of alcohol.
  • Outcome: The domestic battery charge was dismissed. The DUI second offense was amended to a reckless driving, and he did not lose his driving privileges.

Charge: Child Abuse

  • Case: State vs. R.S.
  • Case #: 2013-cf-0X5X2XA
  • County: Brevard County
  • Date: November 2013
  • Facts: The client was charged with allegedly striking his daughter in the face. The client faced up to five years in prison if convicted of this charge.
  • Outcome: The State Attorney’s office dismissed the charges

Charge: Aggravated Battery on a Pregnant Person

  • Case: State vs. M.B.
  • Case #: 2012-cf-0X5X6XA
  • County: Brevard County
  • Date: October 2013
  • Facts: The client was arrested after his best friend’s fiancé accused him of striking her. He was charged with a third degree felony punishable by up to five years in prison. Upon conviction as charged, the client would have scored a total of about two years in prison in which the Judge would have had to sentence him too.
  • Outcome: The Jury found the Client Not Guilty

Charge: Ct. 1 – Child Abuse; Ct. 2 – Domestic Battery

  • Case: State vs. D.W.
  • Case #: 2013-CF-0X3X8XA
  • County: Brevard County
  • Date: January 2013
  • Facts: The defendant was charged with one felony and one misdemeanor was facing up to five years in prison.
  • Outcome: The state dismissed all counts.

Charge: First degree felony aggravated child abuse (maximum sentence 30 years in the department of corrections and up to a $10,000 fine)

  • Case: State vs. R.M
  • Case #: 2012-cf-0X2X6X
  • County: Brevard County
  • Date: October 2012
  • Facts: The client was arrested for an alleged abuse on his fiancé’s daughter.
  • Outcome: After speaking with the attorney, the state agreed to the client entering a plea to a misdemeanor. The client received no jail or prison time, and he was not ordered to pay a fine. In addition, he received a withhold of adjudication, so he will be able to seal and expunge the arrest from his record.

Charge: Domestic Violence Injunction

  • Case: N.P vs. P.P
  • Case #: 1998-DR-0X0X4X
  • County: Brevard County
  • Date: August 2012
  • Facts: My client wanted to dissolve an injunction that his x-wife had placed on him several years earlier.
  • Outcome: The injunction was dismissed against my client.

Charge: Domestic Battery

  • Case: State vs. J.A.S
  • Case #: 2012-mm-0X2X0XA
  • County: Brevard County
  • Date: August 2012
  • Facts: The defendant’s wife called the police, and he was arrested for touching her against her will.
  • Outcome: Dismissed by the State Attorney’s office.

Charge: Domestic Battery

  • Case: State vs. E.O
  • Case #: 2011-MM-0X3X1X
  • County: Osceola County
  • Date: November 2011
  • Facts: The client allegedly struck his wife in the face. The arresting officer did not note any injury to the victim.
  • Outcome: The charges were dismissed on the day of trial.

Charge: Domestic Battery

  • Case: State v. B.R
  • Case #: 2011-MM-0X5X7X
  • County: Brevard County
  • Date: May 2011
  • Facts: The client was involved in an alleged domestic dispute. The police were called to the residence, and the police arrested the client. The attorney spoke with the State Attorney’s Office and no formal charges were brought against the client.
  • Outcome: Dismissed

Charge: Aggravated Battery on a Pregnant Person

  • Case: State v. D.M
  • Case #: 2010-cf-0X5X7X
  • County: Brevard County
  • Date: Jury Trial on 4/5/11 to 4/7/11
  • Facts: The client was accused of punching his pregnant girlfriend multiple times in the face. The police came to the residence and took pictures of the alleged victim. The police then took statements from any witnesses. The police also ascertained the 911 call.
  • Outcome: Not Guilty by a Jury of his peers.

Charge: Domestic Battery

  • Case: State vs. T.K
  • Case #: 2010-mm-0X0X5X
  • County: Brevard County
  • Date: August 2010
  • Facts: The state alleged that the client battered his girlfriend by placing his hands on her. The state did not have any pictures or independent witnesses.
  • Outcome: Dismissed by the State Attorney’s Office.

Drug Crimes

Charge: Possession of More Than 20 Grams of Cannabis

  • Case: State vs. A.B
  • Case #: 2013-cf-0X5X7XA
  • County: Brevard County
  • Date: January 2013
  • Facts: The state decided not to pursue charges after the client was arrested. The attorney spoke to the State Attorney’s office and after discussing the case, the charges were dropped.
  • Outcome: Dismissed by the State Attorney’s office

Charge: Possession of Xanax, Disorderly Intoxication (5 years and sixty days in jail is the maximum sentence)

  • Case: State vs. M.F
  • Case #: 2012-cf-0X5X6XA
  • County: Brevard County
  • Date: November 2012
  • Facts: The client was arrested in downtown Melbourne during an altercation. The police found some Xanax pills in his pocket.
  • Outcome: Dismissed by the State Attorney’s office.

Charges: Possession of Cocaine

  • Case: State v. W.B
  • Case #: 2012-cf-0X4X6XA
  • County: Brevard County
  • Date: August 2012
  • Outcome: The state decided not to pursue charges after the client was arrested. The attorney spoke to the State Attorney’s office and after discussing the case, the charges were dropped.

Charges: Trafficking in Illegal Drugs, 14 to 28 grams; Manufacturing Meth with a Child Present; Unlawful Possession of a Listed Chemical

  • Case: State v. A.C
  • Case #: 2010-cf-0X0X6XB
  • County: Brevard County
  • Date: August 2012
  • Outcome: Right before trial, the state agreed to drop the trafficking charge and the manufacturing charge. Both of these charges carried a minimum mandatory prison sentence. In return, the defendant entered a plea to possession of a listed chemical. The defendant received a probationary sentence and is not currently a convicted felon.

Charge: Possession of Marijuana; Possession of Paraphernalia

  • Case: State vs. R.T
  • Case #: 2011-mm-0X6X4X
  • County: Brevard County
  • Date: October 2011
  • Facts: The defendant was accused of possessing illegal drugs.
  • Outcome: Charges were dismissed.

Charge: Sale of Oxycodone; Possession with Intent to Deliver; Possession of Oxycodone

  • Case: State vs. A.C
  • Case #: 2011-cf-0X9X1XA
  • County: Brevard County
  • Date: August 2011
  • Facts: The client was accused of a violation of probation. The client tested positive for cocaine in a urine sample. The state attorney wanted the Judge to sentence the client to five years in the Florida Department of corrections. The client hired our law firm to assist in trying to get put back on probation. The client had completed eight years of a ten year term of probation prior to being violated.
  • Outcome: The charges were dismissed.

Traffic Violations / Crimes

Charge: Allowing an Unauthorized Driver to Drive his Vehicle

  • Case: State vs. Z.H
  • Case #: 2012-ct-0X9X8XA
  • County: Brevard County
  • Date: January 2013
  • Outcome: The charges were dismissed by the state.

Charge: Driving While License Suspended

  • Case: State vs. H.O
  • Case #: 2012-ct-0X9X2X
  • County: Brevard
  • Facts: My client was arrested for driving on a suspended license after a DUI suspension.
  • Outcome: Right before trial, the State dropped the charges against the client.

Charge: Driving While License Suspended

  • Case: State v. J.P
  • Case #: 2012-TR-0X0X1X
  • County: Brevard
  • Date: June 2012
  • Facts: The client’s license was suspended. We were able to show that the DMV had made a mistake.
  • Outcome: Dismissed.

Charge: Speeding 20 to 29

  • Case: State vs. J.P
  • Case #: 2012-tr-0X6X3X
  • County: Brevard
  • Date: June 2012
  • Facts: Speeding in a construction zone 20 to 29.
  • Outcome: Dismissed by the court.

Charge: Leaving the Scene of an Accident

  • Case: State vs. W.C
  • Case #: 2011-ct-0X9X0XA
  • County: Indian River
  • Date: September 2011
  • Facts: The police arrested the defendant after finding a piece of the defendant’s bumper at the location of the traffic accident. The state could not prove the charges and had to drop the case prior to trial.
  • Outcome: Charges were dismissed right before picking a jury.

Charge: Driving While License Suspended

  • Case #: 2010-CT-0X8X8XA
  • County: Brevard County
  • Date: January 2011
  • Facts: The defendant was given a criminal citation for driving while her license was suspended. The state could not prove the Defendant knew her license was suspended, so the state dismissed the charges.
  • Outcome: The defendant’s case was dismissed by the State Attorney’s Office

DUI Charges

Charge: Ct 1 – DUI; Ct 2 – Possession of less than 20 grams of cannabis

  • Case: State vs. T.B.
  • Case #: 2013-mm-0X1X7X
  • County: Brevard County
  • Date: November 2013
  • Facts: The Defendant was pulled over on A1A by Satellite Beach Police department. The client was arrested for driving under the influence, and he refused to give a breath sample. He was also arrested for possession of less the twenty grams of cannabis.
  • Outcome: State dismissed the possession of cannabis and amended the DUI to a reckless driving right before trial.

Charge: Driving Under the Influence Second Offense

  • Case: State vs. A.C.
  • Case #: 2012-ct-0X5X6X
  • County: Brevard County
  • Date: November 2013
  • Facts: The client was charged with a second DUI. The state offered jail, and my client opted to exercise her Constitutional right to a jury trial.
  • Outcome: The client was found not guilty.

Charge: DUI with a breath alcohol level above a .15

  • Case: State vs. K.C.
  • Case #: 2013-ct-0X6X8X
  • County: Brevard County
  • Date: October 2013
  • Facts: The Client was pulled over by the police for allegedly swerving with her lane. The police arrested her and she blew a breath alcohol level twice the legal limit.
  • Outcome: The state amended the charge to a reckless driving and dropped all of the civil infractions.

Charge: DUI

  • Case: State vs. R.H
  • Case #: 2012-ct-0X2X0X
  • County: Brevard County
  • Date: October 2012
  • Facts: The client was charged with DUI. The client was parked with her car on. The police pulled up behind her and conducted a DUI investigation.
  • Outcome: Prior to trial, the State offered a reckless driving. The client did not lose her license, and she was not put on probation. The client received a withhold of adjudication and a fine.

Charge: DUI with one prior

  • Case: State vs. J.H.
  • Case #: 2011-mm-0X5X1XA
  • County: Brevard County
  • Date: May 2012
  • Facts: Client was pulled over and issued a ticket for driving under the influence and was arrested.
  • Outcome: Client was found not guilty by a jury of his peers.

Charge: DUI

  • Case: State vs. S.W
  • Case #: 2011-ct-0X6X9XA
  • County: Brevard County
  • Date: October 2011
  • Facts: The defendant was pulled over on his way home from a local establishment. The officer conducted field sobriety exercises. The client refused to give a breath sample, and he was arrested.
  • Outcome: The attorney went to trial on this case. After jury selection, the state lowered the charges to reckless driving, and the client was able to maintain his license and was not even put on probation.

Charge: DUI; Possession of Xanax; Possession of Roxicodone; Possession of Paraphernalia

  • Case: State vs. C.B
  • Case #: 2010-ct-0X3X6X
  • County: Brevard County
  • Date: July 2011
  • Facts: The client was pulled over on U.S 1, and the officer had perform field sobriety exercises. The officer placed the client under arrest and searched the client’s vehicle. The officer found Xanax and roxycontin in the client’s vehicle.
  • Outcome: The client received a misdemeanor reckless driving charge and was able to keep their driver’s license. The drug charges were dismissed.

Charge: DUI, 2nd Offense

  • Case: State v. K.H
  • Case #: 2010-ct-0X1X5X
  • County: Brevard County
  • Date: March 2011
  • Facts: The client was pulled over by the Satellite Beach Police Department. The client was ordered to do field sobriety exercises and refused to do them. The client was arrested for driving under the influence. The client was videotaped throughout the process.
  • Outcome: Right before jury trial, the government offered a reduction to Reckless Driving.

Charge: Two Counts of DUI; Two Counts of Possession of OxyContin; Possession of Paraphernalia

  • Case: State v. A.M
  • Case #: 2010-cf-0X3X5XA
  • County: Brevard County
  • Date: December 2010
  • Facts: The client was pulled over by the police for driving recklessly. The police found pills in the vehicle, which the police determined to be OxyContin. The police had the client perform filed sobriety exercises and determined that the defendant was under the influence.
  • Outcome: The state attorney’s office dropped all the charges against the client

Charge: DUI, 2nd Offense; Refusal to Take Breathalyzer; Violation of Business Purpose Only License

  • Case: State v. J.L
  • Case #: 2010-ct-0X2X7XA
  • County: Brevard County
  • Date: September 2010
  • Facts: The client was alleged to have run a red light and was pulled over by the police. The police had the client perform field sobriety exercises. The police advised the client that he did not perform to standard, and he was arrested. The client refused a breathalyzer test for the second time, so the police charged him with refusal as well as his second offense of DUI. In addition, the police accuse the defendant of violating his business purpose only license.
  • Outcome: Right before picking a jury, the state dismissed the DUI charge against the defendant. The defendant did plead guilty to the refusal charge and was placed on probation. Yet the defendant did not receive a second driving under the influence.

Charge: DUI; Possession of Marijuana; Possession of Paraphernalia

  • Case: State v. K.B
  • Case #: 2009-mm-0X6X3XA
  • County: Brevard County
  • Date: July 2010
  • Facts: The Defendant was pulled over by the Satellite Beach Police Department for having an expired License Plate. The arresting officer pulled the defendant out of her vehicle and made her perform field sobriety exercises. The officer determined she was impaired and placed her under arrest. The defendant did blow over the legal limit. Mark S. Germain, the defendant’s attorney, filed a motion to suppress the evidence. The trial court determined the Officer did not have reasonable suspicion to ask the Defendant to perform field sobriety exercises. The trial court granted the Defendant’s motion to suppress. The trial court threw out the results of the Breath test and any observations made after the Defendant was illegally detained.
  • Outcome: The State Attorney’s office dismissed all the charges against the Defendant.

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