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Robbery with a Firearm
Trafficking in Cocaine & Marijuana
Marijuana Grow House
Juvenile Crimes
Assault & Battery
DUI / DWI
Burglary
Miscellaneous Wins
ROBBERY WINS
ROBBERY WITH A FIREARM - Not Guilty after Jury Trial
The client was facing life in prison with a 10 year minimum
mandatory sentence. At trial, I was able to prove that the client
had no knowledge that the robbery was about to take place. A
passenger in the car got out and robbed a lady with a purse. The
client then left the scene at a high rate of speed. When the police
came up behind the car, everybody, including the client, ran, jumped
over two fences, and eluded police for over 3 hours.
The judge read
my special requested jury instruction on duress. This was critical
to our theory of defense. The reason my client ran after the police
came up behind him was that the guy who robbed the lady pointed the
gun in his general direction and told everybody to get out of the
car. My client did not have a choice. He had to get out because he
was under duress. The client just graduated high school. He was
found not guilty after a jury trial just days before Christmas. His
parents told me it was "the best Christmas gift anyone could give."
DRUG
CHARGE WINS
FEDERAL MARIJUANA GROW HOUSE - All felony
charges dropped
I filed a motion to suppress in a federal drug case involving two
separate grow houses for marijuana in South Florida. My client was
facing up to 160 years in prison. Federal agents and police entered
into a house just after midnight without a search warrant. The issue
was whether consent was freely and voluntarily given by a Spanish
speaking couple who did not understand English. The client was
initially charged by indictment with:
- Conspiracy to maintain a place to manufacture or distribute
marijuana, facing 20 years, $500,000 fine and 3 years supervised
release.
- Maintaining a place to manufacture or distribute marijuana,
facing 20 years, $500,000 fine and 3 years supervised release
- Conspiracy to manufacture, distribute and dispense 100 or
more marijuana plants, 5 year minimum mandatory prison sentence,
40 year maximum, $2,000,000 fine, 5 years supervised release
- Possession with intent to manufacture, distribute, and
dispense 100 or more marijuana plants, 5 year minimum mandatory
prison sentence, 40 year maximum, $2,000,000 fine, 5 years
supervised release
After the motion to suppress was heard, I negotiated a plea deal
for the Federal government to drop all counts (maximum of 160 years
in prison). In exchange, my client pled guilty to one count of
misdemeanor possession of marijuana with no jail time.
TRAFFICKING IN COCAINE AND MARIJUANA -
Conviction & 20 year sentence Reversed based on my special requested
jury instruction
On appeal, the client claimed that the trial court erred in
refusing to give the special jury instruction written by me, his
trial lawyer. The instruction more accurately stated the law to be
applied in his constructive possession of cocaine case.
At trial, I requested a special jury instruction on constructive
possession where the contraband (cocaine and marijuana) is found on
jointly possessed premises. The trial court denied the request and
read the jury the standard jury instruction on possession.
The Fourth District Court of Appeal (the appellate court)
determined that in cases of joint possession of the premises, the
standard jury instruction is confusing. The instruction discusses
joint possession of the article but does not discuss joint
possession of the premises upon which the article is found. Further,
the appellate court stated that The standard jury instruction does
not explain what must be proved where possession of the premises is
in joint rather than exclusive possession of the defendant. The
specially-requested instruction, unlike the standard instruction,
instructs the jury that the elements of knowledge and ability to
control may not be inferred from the mere fact of joint possession
of premises where contraband is found, but must be established by
independent proof. Therefore, in this case [Grey Tesh's requested]
special jury instruction was necessary in order to present [his]
theory of defense. (Emphasis added).
My client's conviction and sentence were reversed as a result of
the appellate courts' determination. Also, as a result of my efforts
on his behalf, in creating a special instruction, the appellate
court recommended that the standard jury instruction be modified to
include my special instruction. They said "We also recommend to the
Criminal Standard Jury Instruction Committee that it review the
standard instruction for modification in cases where an issue at
trial involves the joint possession of the premises on which
contraband is found."
JUVENILE
CRIMES
BURGLARY OF A STRUCTURE/CONVEYANCE -
Not Guilty after Trial
The client allegedly broke into a car and stole a purse, cd player
with a remote control. The police found my client a short distance
away. The remote control was found near his feet. The accuser
identified the remote control as being the one that was stolen from
her. My client testified that he didn't know how the remote got by
his feet.
GRAND THEFT AUTO - Not Guilty after
Trial
My client was caught riding a stolen ATC vehicle. There is a statute
that gives the State a presumption of guilt to theft if he is in
possession of recently stolen property. In spite of this, through
cross-examination, enough reasonable doubt was created as to whether
he knew it was stolen. This was my third case with this same client.
He's like Teflon - nothing sticks to him.
AGGRAVATED ASSAULT ON SCHOOL BOARD
EMPLOYEE - Not Guilty after Trial
This happened at Dwyer High School in Jupiter, Florida. My client
was driving a van in the school parking lot. A friend of his was
joyriding on the hood. His friend jumped off the hood. The police
aid working for the Palm Beach County School Board District went in
front of the van. She ordered my client to stop. My client refused,
shaking his head in a negative fashion. The car surged towards her
almost knocking her down. My client testified that he saw her, but
tried to drive around her. He admitted to shaking his head "no" when
she told him to stop. He was unaware that she had to jump to safety.
BURGLARY OF A DWELLING - Juvenile
Sanctions, no prison
The client, a child, was direct filed (charged as an adult) for
burglary of a dwelling, 15 year maximum, grand theft, 5 years
maximum, and resisting arrest without violence, 1 year maximum. The
child scored 22 months prison. That's what the State of Florida
offered to resolve the case. I convinced a Palm Beach County Judge
to give the child juvenile sanctions. As a result, the child does
not have a felony conviction on his record. He also got his GED.
Also, the child did not do any prison time for this offense.
BATTERY ON A SCHOOL BOARD EMPLOYEE -
Not guilty after trial, but guilty of misdemeanor battery
A school board employee was trying to break up a fight. My client
was fighting three other people. My client hit the school board
employee. However, at trial, on cross-examination, I got the accuser
to admit that he did not have any credentials on his clothes that
showed he was a school board employee. My client hit him so hard
that he knocked his tooth loose.
BATTERY AND RESISTING ARREST WITHOUT
VIOLENCE - Not Guilty after Trial
This was a case of self-defense. My client suffered injuries from
another person who hit her with a shoe. My client was bleeding. My
client then fought back, which is reasonable self-defense. The Judge
found that the cops did not have enough probable cause to arrest my
client for battery because of the self-defense claim. She was found
not guilty of battery. Also, we beat the resisting arrest charge
because the State could not prove that the police were making a
lawful arrest. She resisted arrest by turning away from police and
running. It's perfectly legal to resist arrest without violence if
the police are making an unlawful arrest.
ATTEMPTED PURCHASE OF MARIJUANA -
Motion to Dismiss GRANTED
The client was absolutely guilty of trying to buy marijuana. It was
a reverse sting operation in Delray Beach, Florida. Undercover
agents were posing as street-level dealers selling fake pot. A
passenger in the car, next to my client said "let me get two." My
client gave ten bucks to his friend. The friend then gave the money
to the undercover agent for the weed. My client was arrested. The
state violated my client's speedy trial rights. The charging
document was filed too late. The judge granted the motion to dismiss
all charges.
ASSAULT & BATTERY WINS
BATTERY - Not Guilty after Jury
Trial
The client was accused of kissing a woman in an elevator. According
to the accuser, the client approached her in the elevator, told her
she had beautiful blue eyes, asked her if she was married and said
her husband was lucky. She went on to say that he grabbed her hand
and kissed it, and then kissed her on her mouth. The client
testified at trial that they did meet in the elevator. However, he
denied ever touching or kissing the accuser. He also testified that
she must be prejudice towards him because he is Hispanic and she is
white. The jury deliberated for less than ten minutes. Not Guilty
after jury trial.
ASSAULT & BATTERY- Not Guilty after
Jury Trial on all counts
This case was a down-filed felony. He was initially arrested for
aggravated domestic battery, punishable by up to 15 years prison.
The allegation was that my client attacked his girlfriend and her
eight year old son. He chased her around the house with a five foot
pole. He wedged the pole between the door and the door frame, so the
door could not close. As the accuser was closing the door, he struck
her in the neck with the end of the pole. Her neck was injured. This
was all done in front of her son. At trial, the accuser was
cross-examined thoroughly about bias, motive to lie, and fabricating
evidence. Not Guilty on all counts, assault and battery.
DOMESTIC BATTERY - Not Guilty after
Jury Trial based on Self-Defense
The client had an argument with her husband. She told him a hit man
from Chicago was going to "snuff him out." She also complained that
he doesn't have sex with her. Her son tried to intervene. She
grabbed her son by the arm so she could continue to argue and
threaten her husband. She caused abrasions to her son's forearms.
Initially, the client was arrested for child abuse on her son, a
felony, and domestic battery on her husband. When the client grabbed
her son, her husband intervened. The client hit and scratched her
husband, injuring him. He had lacerations to his left cheek, neck,
left forearm and hand. The client denied anything occurred. At
trial, the defense was self-defense. Her husband grabbed her first
and she fought back. You have the right to defend yourself. The jury
agreed.
DOMESTIC BATTERY - Not Guilty after
Jury Trial
The accuser's side of the story: She told my client she was breaking
up with him. They argued. He told her they were "going to die
tonight." This was a classic reference to the "if I can't have you,
nobody will have you" argument. He was driving fast and wouldn't let
her out of the car. She tried to get out. He went crazy when she
said she was leaving him. She eventually got out and ran with her
daughter. She called 911. He slammed the phone down to the ground.
He hit her on the face by the right ear and her chest area. It is
undisputed that she had redness and a scratch mark on her body when
police arrived. At trial, the defense was self-defense. Yes, she had
marks, but she was the aggressor. Domestic battery is a
gender-biased crime. It seems the guy almost always goes to jail.
However, the jury found him not guilty.
DOMESTIC BATTERY - Not Guilty after
Trial
My client was the son of a famous jazz drummer who played with John
Coltrane. I love jazz, so this was an honor to defend him. The
allegation was he hit his wife on her right arm with a cane and
knocked her into the counter. He did push her away in self-defense.
She picked up a phone and tried to hit him with it. The theme of the
case was this is a he said, she said, with no visible injuries. He
used reasonable force to defend himself.
BATTERY - Not Guilty after Jury
Trial
The client allegedly hit his wife in the face. She called 911. She
had redness on her cheek area. Photos were taken. The client was
arrested right away without being able to tell his side of the
story. After arrest, the police found a vicodin pill. He did not
have a prescription for it. That felony charge was dropped. We went
to trial on the battery charge. We argued lack of evidence. It was a
he said-she said with virtually no visible injuries. The not guilty
verdict was a relief for the client.
STALKING - Not Guilty after Jury
Trial
The allegation was the client harassed an openly gay couple. He left
notes on their front door step. He called them numerous times and
left messages. The gist of the messages were that their children
were growing up with gay parents. There were other sexual comments
made. In short, the client did not approve of a gay couple rearing a
child. The gay couple said as a result of the messages (phone,
written and email), they changed their lifestyle. They changed their
route to work, work schedule, and made arrangements for their
daughter to be picked up and dropped off at school. They claim to
have suffered emotional distress. The cops went to talk with the
client. He admitted leaving the notes and making the statements. He
said he "did not agree with their lifestyle." At trial, I requested
and got a special jury instruction. The instruction talked about
severe emotional distress. An "objectively reasonable person"
standard was applied. In other words, it wasn't enough for the
alleged victims to say they suffered severe emotional distress. On
cross, I was very nice to the accusers. Some lawyers make the rookie
mistake of beating up every witness. You catch more flies with honey
than you do with vinegar.
DUI / DWI WINS
DUI - Not Guilty after Jury Trial
A cop saw him leave a bar. He picked up a woman who needed a ride.
She was not a prostitute. However, he said he wanted a blow job. She
needed a ride home. She started to give him a blow job. The cop
pulls up beside the car and notices her head going up and down. The
officer said he reeked of alcohol, had bloodshot eyes, slurred
speech and was unsteady on his feet. However, he was polite and
cooperative with the officer. The second time was the charm for my
client. His DUI was tried by another attorney the first time, which
resulted in a hung jury. After I tried the case, a jury found him
not guilty after mere minutes of discussion.
DUI dropped to Reckless Driving -
Motion to Suppress Blood Results GRANTED
The client was driving was driving recklessly and completely totaled
his car. He rammed it into a tree. He kept saying "I'm sorry" to the
officer at the scene. The officer noted he had bloodshot eyes,
slurred speech, a bloody chin and red marks on his chest. The red
marks, according to the officer, were consistent with an air bag
being deployed. The client was taken to the hospital. He was read
implied consent. He initially agreed to let the nurse take his
blood. However, when they went to take it he said "I know my rights,
I want to speak with my lawyer, you're going to have to kill me if
you want to take my blood." The nurses and cops held him down and
drugged him up. Then they took his blood. The reading came back
.156, almost exactly twice the legal limit of .08. I filed a motion
to suppress the blood, saying the taking of the blood was not
voluntary and the client's injuries did not amount to serious bodily
injury. The judge agreed and granted the motion to suppress. Two
days later, I negotiated a reckless driving for the client. The
terms of the negotiated plea did not include a license suspension,
car immobilization or random testing for alcohol or drugs at his
expense.
DUI - State concedes motion to
suppress and drops DUI
The client was a decorated World War II veteran. It was an absolute
honor to represent him, as my grandfather was also a decorated World
War II vet. In court, I kid you not, people actually saluted him
like he was a hero. He was a hero. He loaded the atomic bombs that
went to Hiroshima and Nagasaki. Although those bombs killed many
people, they saved countless American lives and brought the war to
an end. I filed a motion to suppress the stop and seizure of my
client. The motion was so strong that the Prosecutor agreed it was a
bad stop. The stop was based on a BOLO (be on the lookout for) a
certain vehicle and the description of the individual and direction
of travel did not match. There was no mention in the BOLO of whether
the client was White, Black, Hispanic, Asian, or a description of
his clothing. Also, the direction of travel was not consistent with
the BOLO.
DUI - All charges dropped
Although my client had been drinking, the State could not prove that
my client was the driver of the car. I also won the department of
motor vehicles hearing. My client got his license back.
DUI WITH COCAINE - Not Guilty after
Jury Trial
The client was rip-roaring drunk and had a trace amount of cocaine
in his system. I filed a motion to keep the witnesses from
testifying about the cocaine. The judge granted my motion. The state
failed to prove beyond all reasonable doubt that my client was in
actual physical control of the vehicle.
DUI WITH AN ACCIDENT- Motion to
Suppress the Breath Results GRANTED
DUI with an accident. Judge Barry Cohen suppressed the extremely
high breath readings of .265 and .253 because the State violated my
client's constitutional rights based on Shiver v State, 30 FLW D653
(FL 1st DCA March 8, 2005). Judge Cohen opined that "Because it has
been established in Shiver that the breath test affidavit contains
testimonial hearsay evidence, the admissibility of the affidavit
alone would constitute a violation of the Confrontation Clause."
DUI - Not Guilty after Jury Trial
The client was observed striking a median, making an abrupt lane
change, making a wide turn and again striking the shoulder of the
road. The officer turned on his lights, but the client made no
attempt to stop. Eventually, the client stopped. The officer noted
he smelled of alcohol, was having a hard time standing, and was
leaning against the car for support. The client performed poorly on
the roadside exercises, but refused the breath test. He stated "I
only had two beers." His speech was slow and slurred. At trial, the
jury agreed with me that there was a lack of evidence to convict.
The government did not prove their case beyond all reasonable doubt.
DUI - Sentence reversed and vacated
on appeal
At trial, the judge limited cross examination questions. We
successfully argued that the state went into new material on their
re-direct examination. We were entitled to cross the officer about
it. We proffered the questions we would have asked. The appellate
court agreed and reversed the client's conviction. When the case
came back from the appellate court, the client got a reckless
driving offer.
DUI - Not Guilty after Jury Trial
The client swerved erratically, jerked the car back into another
lane, crossed the dividing line between lanes. He had bloodshot,
watery eyes, slow, slurred speech, odor of alcohol on his breath,
couldn't find his driver's license, and fumbled through his papers
looking for his insurance and registration. He admitted to playing
pool and having "a few beers." At trial, we proved to the jury why
he had slurred speech. He was born with a speech impediment. It is
not against the law to drink and drive so long as you don't blow
over a .08 or your normal faculties are not impaired. The jury heard
him speak. He always speaks with a lisp. He performed poorly on the
roadside exercises.
DUI - Not Guilty after Jury Trial
My client was caught speeding, driving erratically. He performed
poorly on the roadside exercises. I filed a motion in limine, which
was granted, to keep out statements he made on video that
incriminated him in a prior DUI. Not guilty in ten minutes!
BURGLARY WINS
BURGLARY OF A DWELLING - Juvenile
Sanctions, no prison
The client, a child, was direct filed (charged as an adult) for
burglary of a dwelling, 15 year maximum, grand theft, 5 years
maximum, and resisting arrest without violence, 1 year maximum. The
child scored 22 months prison. That's what the State of Florida
offered to resolve the case. I convinced a Palm Beach County Judge
to give the child juvenile sanctions. As a result, the child does
not have a felony conviction on his record. He also got his GED.
Also, the child did not do any prison time for this offense.
MISCELLANEOUS WINS
RACING ON A HIGHWAY - All charges
dropped
The client was facing up to one year in jail and a mandatory drivers
license suspension. Client still has a valid license because all
charges were dropped. The appellate courts have held the racing
statute to be unconstitutional.
PUBLIC ASSISTANCE FRAUD - All
charges dropped
I negotiated a pre-trial diversion program for my client. She
completed all the conditions successfully. All charges were dropped.
AGGRAVATED BATTERY - All charges
dropped
The allegation was that my client intentionally rammed his vehicle
into another car. This was a road-rage incident. I convinced the
State to file only misdemeanor charges. About three months later,
all charges were dropped. No felony conviction for my client.
RESISTING AN OFFICER WITHOUT
VIOLENCE - Not Guilty after Jury Trial
The police were called out to my client's house in reference to a
fight. Allegedly, two brothers were fighting over a 6-pack of beer.
When the police went to arrest my client, they said he resisted
arrest without violence. He did not comply with "clear, loud, lawful
orders." The successful defense strategy was that the client did not
know at the time the officer was in fact, an officer. My client was
sleeping when the police tried to wake him up. His face was away
from the officers when they tried to handcuff him. He didn't know
who was trying to wake him up. He did resist arrest, but the state
failed to prove beyond a reasonable doubt that my client knew they
were police officers at the time of arrest.
DISORDERLY CONDUCT AND BATTERY - Not
Guilty after Jury Trial
The client got beat up by her boyfriend. She was drunk, but she was
actually the victim. We proved this to the jury. Although the
defense has no burden of proof, we proved she was the victim. We got
pictures of her injuries shortly after she was arrested. Not Guilty
verdict in only three minutes of deliberation.
GIVING A FALSE NAME TO LAW
ENFORCEMENT - Motion to suppress GRANTED
I filed a motion to suppress saying the initial stop of my client
was a bad stop. The judge agreed and granted the motion to suppress.
As a result, the State of Florida nolle prossed, or dropped, all
charges.
CRIMINAL MISCHIEF - Not Guilty after
Jury Trial
The client was crossing a street. A car came towards him and almost
hit him. The accuser said that my client intentionally hit his right
side mirror, knocking it off the car. On cross, the accuser was
confronted with lying and violating a court order. He spoke with
other witnesses about the case so their stories would match. After a
brutal cross-examination, he had absolutely no credibility with the
jury. Not guilty after one hour of deliberation by the jury.
TRESPASS AND UNLAWFUL ASSEMBLY - Not
Guilty after Trial
The client was accused of protesting the FPL (Florida Power and
Light) plant that was being built off Southern Blvd. in western Palm
Beach County. The issue was free speech - the damage to the
Everglades, water system, and the Everglades. She was stopped just
in front of a "No Trespassing" sign and told to leave. She ignored
the order. She was arrested. When she was arrested, she went limp,
making it hard for the officer to carry her to the transport
vehicle. Through cross-examination, we proved that the area where
she was stopped was not FPL property. Also, she didn't quite get to
the area where the others were protesting because she was stopped
first. We also beat the unlawful assembly charge.
Contact Grey Tesh
Federal Criminal Lawyer
Florida Criminal Defense Attorney
aaacriminaldefense.com has its principal
office at 1610 Southern Boulevard in West Palm Beach, Florida, Mr.
Tesh represents clients charged with serious federal and state
criminal offenses before Federal and State Criminal Courts in Miami,
Fort Lauderdale, West Palm Beach, Stuart, Martin County, Port St.
Lucie, Vero Beach, Jacksonville, Tampa, Orlando, Tallahassee, and
all federal courts throughout the United States of America.
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federal lawyer, west palm beach, florida, fort pierce criminal
lawyer, federal criminal defense attorney, Miami federal criminal
lawyer, federal lawyer west palm beach, florida attorney, west palm
beach lawyer, attorney, federal appeals, If convicted, you have only
ten (10) days in Federal Court, as opposed to thirty (30) days in
Florida, to file a notice of appeal. If you want to appeal a
conviction, you must
contact a Federal Florida criminal appeals attorney immediately
as time is of the essence.
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