Criminal cases sometimes get worked out, maybe even attacked through motion practice. But, in any criminal case, it is impossible to know at the beginning if it will have to go to a jury trial.
Having an attorney with proven jury trial experience will be a tremendous asset if the case has to go to a jury. One tangible benefit is the attorney will be better able to answer the question on whether a case should go to a trial - because that attorney has tried enough of them to know.
1995, Tallahassee. Public Defender’s Ofc. (Intern)
1. NOT guilty, DUI, St. v. Colbert, case C95-CR-11993
2. Hung Jury, DUI
3. Hung jury, DUI
4. guilty, DUI
[Admitted to Florida Bar - 1996]
1996 - 1997. Private Practice. Alachua County, Fla.
5. guilty, DUI, St. v. Voyik.
6. guilty, DUI, St. v. Palanck.
7. NOT guilty, Battery on L.E.O., St. v. McNair; guilty, Ct 2: Resisting w/ Violence
8. NOT guilty, Robbery w/ Firearm, 8 cts. St. v. McNair; NOT guilty, Ct. 9: Burg. w/ Firearm
9. NOT guilty, Robbery w/ Firearm, 3 cts. St. v. McNair; NOT guilty, Ct. 4: Burg. w/ Firearm
1998 – 1999. Public Defender. Escambia County, Fla.
10. Hung Jury, DUI, St. v. Kastanko, 98-18792DD
11. NOT guilty, Resist Arrest w/o Violence, St. v. Brown,
guilty, Ct 2: Disorderly Conduct, 97-24048MM
12. mistrial caused by state, DUI, St. v. Havard, 98-19434DD
13. NOT guilty, Battery, St. v. Garlock, 98-21065MM
14. NOT guilty, DUI, St. v. Blanchard, 97-20637DD
15. NOT guilty, Battery, St. v. Collins, 98-22469MM
16. NOT guilty, DUI, St. v. Hawkins, 98-23219DD
17. JOA [judgment of acquittal], Criminal Mischief, St. v. Hill, 98-24036MM
18. NOT guilty, Battery, St. v. Boland, 98-23817MM
19. nolle prossed by State [after jury picked], Poss. of Marijuana & Paraphernalia, St. v. Gates, 98-26277MM
20. NOT guilty, Resisting Arrest w/o Violence, St. v. Boggan, 99-21725MM
21. NOT guilty, Resisting Arrest w/o Violence, St. v. Huff, NOT guilty Ct. 2: Disorderly Conduct, 98-24102MM
22. NOT guilty, Driving While License Suspended, 8/5/99
23. NOT guilty, Petit Theft, St. v. Calhoun, 99-22608MM
24. nolle prossed by State [after jury picked], Battery, St. v. Allen, 99-22724MM
2000 – 2001. Public Defender. Orange County, Fla.
25. JOA [judgment of acquittal], Defraud Innkeeper,
def. plead to Ct 2: Battery, St. v. Ludd, MO-00-4385
26. NOT guilty, Resisting Arrest w/o Violence, St. v. Chandler, MO-00-7021
27. JOA [judgment of acquittal], Resisting w/o Violence, St. v. Key, MO-00-2143
28. guilty, Lewdness, St. v. Gamble, MO-00-3854 (However, because of the
appeal I wrote, Orlando's “prostitution mapping zone” was
declared "unconstitutional" - See:
29. guilty, Battery, St. v. Marine, MO-00-9075
30. NOT guilty, Resisting Arrest w/o Violence, St. v. Wilson, MO-00-3219
31. NOT guilty, Battery, St. v. E. Bishop
32. NOT guilty, Battery, St. v. Fungaroli, MO-00-3975
2001 – 2005. Public Defender. Broward County, Fla.
33. JOA [judgment of acquittal], Viol. of Restraining Order, St. v. Rainey, 00-31427-MM10A
34. NOT guilty, Battery, St. v. Wilcox, 01-6106-MM10A
35. def. pled after jury picked, Battery, St. v. Melvin, 01-6605MM10A
36. NOT guilty, Viol. of Restraining Order, St. v. Mosqueda, 01-11665-MM10A
37. NOT guilty, Battery, St. v. Vaughan, 00-13695-MM10A
38. NOT guilty, Assault, St. v. Lesperance, 01-11844-MM10A
39. NOT guilty, Battery, St. v. Schlunaker, 01-19116-MM10A
40. guilty, Aggravated Assault w/ Deadly Weapon, St. v. Davis, 99-16916-CF10A
41. guilty, Possession of Cocaine, St. v. Rackins, 01-9297-CF10A
42. guilty, Fail to Redeliver Hired Car, St. v. Levine, 01-14346-CF
43. NOT guilty, Possession of Cocaine, St. v. Hodges, 01-13755-CF10A
44. NOT guilty, Possession of Cocaine, St. v. Sherrod, 99-18930-CF10A
45. def. pled after jury picked, Possession of Cocaine w/ Intent to Deliver, St. v. Thomas, 01-17525-CF10A
46. NOT guilty, Possession of Cocaine, St. v. Gardener, guilty Ct 2: Paraphernalia, 02-14151-CF10A
47. guilty, Att. Burglary Dwelling, St. v. Allah, 03-19876-CF10A
48. NOT guilty, Aggravated Assault w/ Deadly Weapon, Trespass, Resist w/o Violence, St. v. Leiba, 02-13905-CF10A
49. guilty of lesser charge: Trespass (rather than Burglary Dwelling), guilty Cts 2: Burg. Structure, 3: Resisting w/o Violence, St. v. Robinson, 04-16602-CF10A
50. guilty, Burglary Dwelling, St. v. Neal, 04-16962-CF10A
51. guilty, Robbery w/ Deadly Weapon, Carjacking, Aggravated Battery w/ Deadly Weapon, St. v. Dyson, 05-1141-CF10A, (sentenced to Life in prison.)
52. NOT guilty, Carrying Concealed Firearm, 05-381-CF10A, guilty Ct. 2: Poss. Firearm by Conv. Felon, St. v. McCall (conviction on Count 2 reversed on appeal - objection preserved at trial level requesting no testimony about scratched-off serial number which formed basis of appeal).
53. guilty, Aggravated Batt. w/ Deadly Weapon, St. v. Williams, 03-11058-CF10A
54. guilty, Bank Robbery, St. v. Cherico, 04-20375-CF10A
2005 – present, Private Practice. Broward County, Fla.
55. def. pled after jury picked, Grand Theft, St. v. Tifford, 04-5887-CF10A
56. NOT guilty, Conspiracy to Purchase Cocaine, St. v. Mack, 07-7170-CF10B
57. NOT guilty, Possession of Cocaine, St. v. Jones, 07-9371-CF10A
58. def. pled after jury picked, Aggravated Battery, 07-6088-CF, St. v. Burleson
59. mistrial caused by State, Lewd & Lasciv. Molestation, St. v. Gage, 07-722-CF10A.
60. mistrial caused by State, Lewd & Lasciv. Molestation, St. v. Gage, 07-722-CF10A.
61. NOT guilty, after 3 trials. Lewd & Lasciv. Molestation, St. v. Gage, 07-722-CF10A.
62. guilty, Lewd & Lasciv. Battery, St. v. Tello-Lugo, (reversed on appeal because alternate juror went back to deliberate with jury and that objection was preserved on the record - despite trial judge saying he saw no problem with alternate having gone back with the jury), DeSoto County
63. guilty, No Valid Driver License, St. v. Sanchez-Benitez, 09-CT-308, DeSoto County
64. NOT guilty, St. v. Hall, Burglary w Battery (Punishable by Life), 10-7566-CF.
65. guilty, St. v. Feliz, DUI, 11-20385-MM.
66. guilty of lesser charge, St. v. Hawthorne, Maintaining Structure for Consumption of Drugs, 532011-CF-5387, Polk Co.
67. NOT guilty, Aggravated Cyber-Stalking, St. v. Hurst, 532012-CF-2629, Polk Co.
68. guilty of lesser charge, St. v. Harris, Delivery of Cocaine, 532012-CF-4995, Polk Co.
69. def. pled after jury picked, Burglary of Dwelling, St. v Virgil, 12-12730-CF
70. guilty, Robbery With Firearm, St. v. K. Winning, Manatee Co.
71. mistrial caused by State's victim in a Domestic Violence trial, case then Nolle Prossed, St. v. Rodriguez, 15-6599-MM10A.
72. NOT guilty, False Imprisonment and NOT guilty Aggravated Assault with Deadly Weapon; guilty on misdemeanor,
St. v. Booth, 13-3071-CF10A.
73. guilty of lesser charge, St. v. Estimar, Manslaughter (instead of 2nd Degree Murder), 14-12852-CF
Some attorneys include 'bench' trials in their total number of trials, which do not involve juries and could even be just every juvenile case the attorney took to a 'final disposition'. Be sure to ask any attorney you are considering for a list of the "Jury" trials they have had, and whether it was as defense or as a prosecutor.
When deciding on a criminal defense attorney, experience defending criminal jury trials is a helpful asset during this challenging time.