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2005 CT 3996
- Felonies
This case involved the same issues as the case directly above, and she
also hired experienced DUI Attorney Scott Miller to handle her case in
Bradenton. The client was arrested and charged by Information with DUI.
This case involved very lengthy and detailed argument before the Court
regarding the admissibility of the breath test alcohol results collected
by the intoxilizer machine. Four years later, the case was reduced to
Reckless Driving, and the Court withheld adjudication so no conviction
was on the client's record.
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2005 CT 4446
- Felonies
The client retained DUI Lawyer Scott Miller to handle his criminal arrest.
The client was arrested and charged by Information in Manatee County with
DUI. This case involved very lengthy and detailed argument before the
Court regarding the admissibility of the breath test alcohol results collected
by the intoxilizer machine. Four years later, the case was reduced to
Reckless Driving, and the Court withheld adjudication so no conviction
was on the client's record. The client never suffered a driver's
license suspension, and appeared in court only a handful of times.
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2006 CT 3363
- Felonies
DUI Defense Lawyer Scott Miller represented his client for approximately
four years in regards to a DUI and Driving on a Suspended License arrest.
This case included complicated pretrial motions to suppress the results
of a breathalizer machine. Initially, the prosecutor's offer to resolve
this criminal matter included a lengthy jail sentence because of the client's
poor driving record. Ultimately, Attorney Scott Miller negotiated a reduction
in charges from DUI to Reckless Driving. The client received a short probation
sentence without any jail time.
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2008 CF 4025 and 2008 CF 4052
- Felonies
In both of these cases, the client's family retained an attorney other
than Mr. Miller. Ultimately, the client was sentenced to prison. The client
and his family believed the original attorney mishandled the case and
the prison sentence was considerably longer than it should have been.
The original attorney discussed the option of appealing the Court's
sentence to a higher Court and explained it could take up to two years
and be very costly. By that time, the client would have served his prison
sentence. The family came to see experienced Criminal Defense Lawyer Scott
Miller. Mr. Miller agreed with the family and immediately scheduled a
hearing to correct an illegal sentence directly in front of the original
sentencing judge. Mr. Miller prepared the motion and provided the Court
with Florida case law in support of his client's argument. The Court
agreed with Mr. Miller and shortened his client's prison sentence
by approximately twenty-five percent.
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2008 MM 2401
- Misdemeanor
The client was originally arrested for a felony charge of Assault on a
Police Officer in Bradenton, Florida. The State Attorney's office
ultimately proceeded against Criminal Defense Lawyer Scott Miller's
client on a misdemeanor charge of Obstructing a Police Officer. Mr. Miller
tried the case with his client before a jury. The jury quickly returned
a verdict of Not Guilty. Currently, Mr. Miller is representing his client
for unlawful arrest and violating the client's constitutional rights
against the arresting police agency.
-
2009 CF 10083
- Felonies
The client was arrested in Sarasota for three counts of child neglect,
involving three different children. Criminal Defense Lawyer Scott Miller
was hired to represent the client. Two of the three charges were dropped,
and the client pled to only one count. Mr. Miller negotiated the terms
of his client's sentence with the prosecutor, and the client was never
convicted of any crime. He was ordered to complete a parenting class.
The client wanted very much to enter into one of the military branches,
so the negotiated plea included language that once the client completed
the conditions of his sentence and provided proof he has been accepted
into any branch of the military, his probation would automatically terminate.
This language was important because the military branches would not allow
the client entrance if he was on any type of probation.
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2009 CF 10958
- Felonies
The client retained Criminal Lawyer Scott Miller after the client was arrested
in Sarasota for Aggravated Assault with a Firearm. Mr. Miller quickly
contacted the State Attorney's Office and discussed the matter with
the prosecutor. Based on a set of facts specific to this case, the prosecutor
decided not to file any charges against Mr. Miller's client.
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2009 CF 10961
- Felonies
The client was charged with Possession of a Controlled Substance in Sarasota
County and originally had another attorney on the case for approximately
four months. The client was unhappy with the previous attorney and hired
Criminal Defense Attorney Scott Miller. Mr. Miller appeared in court with
his client and announced "Ready for Trial." Mr. Miller also
provided the prosecutor with a defense witness and appeared for a depostion.
A day after the deposition, the prosecutor completely dropped the charge
against Mr. Miller's client.
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2009 CF 12427
- Felonies
Criminal Defense Attorney Scott Miller was retained to represent the Defendant.
She was charged by information with eight separate counts of possession
of a controlled substance. Mr. Miller conducted depositions of the arresting
police officer, and listed defense witnesses on behalf of his client in
preparation of trial. Mr. Miller appeared with his client at the mandatory
docket sounding and announced "Ready for Trial." The assigned
prosecutor changed her original plea offer to pretrial intervention. After
only six months, voluntarily performing 25 public service hours and voluntarily
undergoing a drug assessment, all charges will be dismissed against Mr.
Miller's client.
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2009 CF 1300
- Felonies
Two of three co-defendants retained Criminal Lawyer Scott Miller to represent
them. All three were charged by Information with Grand Theft, a third
degree felony. Mr. Miller conducted depositions and set the case within
his clients' right to a speedy trial. The Office of the State Attorney
in Bradenton, Manatee County, filed a dismissal of his clients' charges
on August 17, 2009. The third co-defendant hired an attorney from Tampa.
The Tampa attorney waived his client's right to a speedy trial. Currently,
the co-defendant is still charged by Information with Grand Theft and
set for trial at the end of January 2010.
-
2009 CF 15759
- Felonies
Mr. Miller's client was arrested and charged in Sarasota County with
driving on a suspended license and considered a habitual traffic offender.
Criminal Attorney Scott Miller quickly negotiated a plea that eliminated
any jail. The client was ordered to complete some community service work,
and avoided a felony conviction on his record. The Court ordered that
upon completion of these terms, his probation would automatically end.
-
2009 CF 2868
- Felonies
The client retained Criminal Defense Attorney Scott Miller to represent
her in Bradenton, Florida. The client was arrested and charged with Second
Degree Grand Theft for stealing over $80,000 from an employer. Mr. Miller
defended the case until reaching a negotiated disposition with the state
attorney's office. Mr. Miller's client was never convicted of
a crime, nor did she serve any jail time in this case.
-
2009 CF 3020
- Felonies
The client was arrested and charged in Sarasota, Florida, by Information
with three criminal charges: Possession of Marijuana with the Intent to
Sell or deliver; Possession of a Felony Amount of Marijuana, and Possession
of Drug Paraphernalia. The most serious charge was dropped by the State
Attorney's Office. The client pled to the other two less serious charges.
The client avoided convictions on his record and placed on a relatively
short term of probation. While on probation, the client was arrested for
Battery. This new arrested violated the client's probation, and he
found himself back in jail. The client's family contacted experienced
Criminal Defense lawyer Scott Miller and retained him for this matter
and the new Battery arrest. Mr. Miller filed a motion to release his client
from jail, and the judge granted the motion. The battery charge was dropped,
and the client's probation was reinstated to original terms and conditions,
including the avoidance of a felony conviction.
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2009 CF 3450
- Felonies
Mr. Miller's client was arrested for Grand Theft in Bradenton, Florida,
and accused of stealing thousands of dollars from an employer. Criminal
Defense Lawyer Scott Miller negotiated an agreement for the client to
voluntarily enter into a pretrial diversionary program, effectively removing
the case from the court docket. So long as the client successfully completes
the program, all charges will be dismissed.
-
2009 CF 4098
- Felonies
Defense Attorney Scott Miller was retained to represent his client accused
of Burglary in Bradenton, Manatee County. Mr. Miller filed a plea of Not
Guilty on his behalf and offered additional information to the Office
of the State Attorney not included in the police reports. Ultimately,
charges were never filed against Mr. Miller's client.
-
2009 CF 4201
- Felonies
Criminal Defense Lawyer Scott Miller was retained to mitigate and negotiate
a plea after his client was arrested and charged with Grand Theft in Manatee
County. Mr. Miller had his client enter into the Pretrial Diversionary
Program. After Mr. Miller's client performs a small amount of community
service hours, and remains free from trouble, all charges will be dismissed
by the State Attorney's Office.
-
2009 CF 4377
- Felonies
Criminal Law Attorney Scott Miller was retained to represent his client
charged with Driving on a Suspended License as a Habitual Traffic Offender
in Bradenton, Florida. Before Mr. Miller was hired, the client went to
the Manatee and Sarasota County Courthouses to pay some unresolved tickets.
As a result, the client's driving priveleges were suspended for five
years. Mr. Miller set a hearing before the Sarasota County Judge to address
part of the issue. The judge modified the client's sentence. This
allowed him eligibility for a driver's license. Another problem existed-If
the client was convicted of the Bradenton felony, he still faced a five
year suspension. Mr. Miller contacted the assigned prosecutor and presented
a defense that included conflicting information from the Department of
Motor Vehicles. Ultimately, the prosecutor declined filing any formal
charges, and Mr. Miller's client became eligible for a driver's
license immediately.
-
2009 CF 6006
- Felonies
Mr. Miller's client was arrested in Hillsborough County for Abuse of
the Elderly and Battery on a Law Enforcement Officer. This particular
case made headlines in the local news. Criminal Lawyer Scott Miller had
continued discussions with the State Attorney's Office regarding this
case, and provided additional information and witnesses giving testimony
in favor of Mr. Miller's client. After months of discussions and before
the expiration of the speedy trial date, the prosecutor decided against
filing any formal charges.
-
2009 CF 9571
- Felonies
Mr. Miller's client was arrested for Grand Theft in
Bradenton. His client was interviewed by Police and gave a detailed confession.
Criminal Attorney Scott Miller's client entered into the pretrial
diversionary program. Upon successful completion, all charges will be
dismissed. Mr. Miler's client never saw the inside of a courtroom
in this case.
-
2009 CT 15395
- Misdemeanor
Experienced DUI Lawyer Scott Miller's client received a summons to
appear in Sarasota County Court for driving on a suspended license. The
license was suspended for a previous DUI conviction, and prosecutors typically
ask the court for a jail sentence in these cases. In this case, the prosecutor
wanted the judge to sentence the defendant to sixty days in the county
jail. DUI Attorney Scott Miller presented and argued mitigating factors
on behalf of his client. Mr. Miller's client was allowed a two week
turn-in date and sentenced to five weekends in the county jail. This allowed
Mr. Miller's client to remain employed and take care of his family.
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2009 CT 15731
- Misdemeanor
In Sarasota, Criminal Defense Attorney Scott Miller was retained by his
client to represent her on a DUI. In this case, the client gave a breath
test result over a .30, approximately four times the legal limit in the
state of Florida. The prosecutor had reason to believe the defendant had
a prior out of state DUI conviction, and initially wanted the court to
sentence her to fifty days in the county jail. Mr. Miller challenged specific
issues in the case and negotiated a plea for his client. The client pled
to a first offense DUI without serving any jail time, and ordered to complete
the statutory minimum requirements of a first offense DUI. The client
needs only to be on probation for a few short months if all conditions
are completed.
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2009 CT 16659
- Misdemeanor
The client hired DUI Lawyer Scott Miller to represent him for a DUI arrest
in Sarasota, Florida. The client lives out of state and did not want to
return to Florida and attend Court for the charge. Mr. Miller negotiated
a favorable outcome for his client, prepared the necessary paperwork,
and immediately sent it to his out of state client. Mr. Miller then appeared
in Court on his client's behalf, and offered the Court a Plea in Absentia.
The Court accepted the plea and the client was allowed to complete all
conditions of his sentence in the client's home state.
-
2009 CT 3360
- Misdemeanor
This client was arrested and charged by the police with Leaving the Scene
of an Accident in Bradenton, Manatee County. It was clear the police reports
did not include detailed information the prosecutor needed to help make
a correct decision whether charges should be filed. Criminal Attorney
Scott Miller immediately provided the necessary information to the prosecutor,
and charges were never filed against his client.
-
2009 CT 4529
- Misdemeanor
Criminal Defense attorney Scott Miller was retained to represent his client
for a felony charge of Driving on a Suspended License. Although the client
was arrested for a felony, Scott Miller contacted the assigned prosecutor
and pointed out that legally the charge could only be a misdemeanor. The
prosecutor agreed, filed a misdemeanor, and originally offered the client
a plea offer that included two months in the county jail. Mr. Miller defended
the case and ultimately the client was required to pay a couple hundred
dollars in court costs with no further sanctions.
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2009 CT 5223
- Misdemeanor
The Defendant was arrested and charged by information with DUI after she
was involved in a vehicle crash. The police obtained a urine sample from
the Defendant that contained multiple narcotics in her system. The police
reports also contained multiple witness statements suggesting the Defendant
could not operate her car in a safe driving manner. The Defendant retained
Criminal Defense Lawyer Scott Miller to defend her. After announcing to
the Court that Mr. Miller intended to try this case before a jury, the
prosecutor offered the Defendant a substantial reduction to the DUI charge.
The Defendant pled to Reckless Driving. The Court withheld adjudication
meaning the Defendant was never convicted of any crime, her license was
never suspended, and she never had her vehicle impounded or immobilized
as part of her minimal sentence.
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2009 CT 6248
- Misdemeanor
Well before the client retained experienced DUI Attorney Scott Miller to
represent him, the client was on probation for DUI out of Venice, Florida.
Approximately four months later the client was arrested and charged with
another DUI in Sarasota, Florida. This new DUI violated his current probation,
and the client was facing a lengthy jail sentence. The client also had
a third DUI conviction on his record from outside the state of Florida,
and the prosecutor was using this prior conviction to enhance the pending
sentence and punishment. Once Mr. Miller was hired, he discussed very
specific options available to the client. One of the options was DUI Court,
a relatively new idea in Manatee and Sarasota Counties. The client was
evaluated and approved for acceptance into the DUI Court program. Ultimately,
the client was ordered to complete a small number of weekend jail so he
can maintain employment, and receive treatment for alcohol dependency.
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2009 CT 8286
- Misdemeanor
DUI Attorney Scott Miller's client was arrested by the Sarasota Sheriff's
Office for DUI. The client met with Mr. Miller and retained him well before
the arraignment date. After discussing the facts in detail, Mr. Miller
contacted the prosecutor to discuss the case. The Office of the State
Attorney declined to file charges, and the client never went to Court.
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2009 MM 15496
- Misdemeanor
Mr. Miller's client was arrested in Sarasota County for disorderly
intoxication and two separate counts of Obstructing a Police Officer During
the Performance of His Duty. This client had no prior criminal history.
Criminal Defense Lawyer Scott Miller contacted the State Attorney's
Office to request an evaluation for the pretrial diversionary program.
The client was screened and approved. Upon successful completion of the
ninety day program. All charges will be dismissed.
-
2009 MM 18190
- Misdemeanor
The Defendant was arrested for Battery after getting into a fight both
inside and outside a nightclub. The police report referred to a police
officer being an eye-witness to the Defendant battering the alleged victim.
Criminal Defense Attorney Scott Miller found four witnesses to verify
and substantiate the Defendant's account that she was acting in self-defense.
Ultimately, the State Attorney's Office declined to file any charges
against Mr. Miller's client.
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2009 MM 2612
- Misdemeanor
The client was arrested for Domestic Battery, and the alleged victim also
petitioned the Court for a permanent restraining order in a civil court
proceeding. Criminal Lawyer Scott Miller represented his client at the
restraining order proceeding at the Manatee County Courthouse, and negotiated
the terms and duration of the restraining order. The permanent restraining
order ultimately terminated after approximately thirty days. Although
the parties divorced, criminal charges were never pursued against Mr.
Miller's client.
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2009 MM 399
- Misdemeanor
Criminal Defense Attorney Scott Miller was hired to represent his client
for writing a worthless check in Bradenton. Although his client was charged
by information and had no legal defense. Mr. Miller negotiated terms with
the prosecutor that ultimately had the case dismissed in Court.
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2009 MM 4098
- Misdemeanor
The client was arrested for Battery in Bradenton. Immediately after her
arrest she moved with her family out of state, but still had a mandatory
court appearance. The client retained Criminal Defense Lawyer Scott Miller.
Mr. Miller filed the necessary paperwork taking care of the initial court
appearance so the client did not need to appear in Court, and provided
additional facts to the prosecutor. The State declined to file any charges
against Mr. Miller's client, and she did not need to return to Florida.
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2009 MM 4768
- Misdemeanor
Mr. Miller's client was arrested for Domestic Battery in Manatee County,
and the client was ordered not to have any contact with his wife. Both
his client and the alleged victim wanted communication with each other,
so Criminal Attorney Scott Miller scheduled a motion before the Court
to reconsider the "No Contact" order. The Court granted Mr.
Miller's motion and both parties were back together. Ultimately, the
case against Mr. Miller's client was dropped.
-
2009 MM 4875
- Misdemeanor
The client was arrested for Retail Theft in Bradenton, Florida. Before
charges could be filed, Criminal Lawyer Scott Miller contacted the State
Attorney's Office and requested his client be screened for a pretrial
diversionary program. The client was approved and the client never went
to Court. Once the pretrial diversionary program is complete, the charge
will be dismissed and the client will be eligible to either seal or expunge
her record.
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2009 MM 9808
- Misdemeanor
The client was arrested and charged by Information with Battery in Sarasota
County. Criminal Defense Lawyer Scott Miller filed a "Not Guilty"
plea and the case was set for trial. At all pretrial court hearings, the
prosecutor announced they were ready to try the defendant for the charge.
On the morning of jury selection, Mr. Miller and his client appeared in
Court ready to defend the case. At that time the prosecutor announced
to the Court the case was being dropped.
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2010 CF 4100
- Felonies
Mr. Miller was retained to represent his client charged with violating
the terms of a house arrest sentence. Although the assigned prosecutor
and probation officer originally recommended the client be sentenced to
one year in the county jail, Mr. Miller negotiated a plea deal that allowed
his client's original sentence to be reinstated with some additional
community service work to be performed. The client did not serve any time
in jail and was very satisfied with the outcome.
-
2010 CF 4696
- Felonies
Criminal Defense Trial Attorney Scott Miller was retained to represent his client arrested
for Aggravated Assault with a Deadly Weapon. This particular charge had
to do with a road rage incident where the arresting police officer decided
to believe one person over the other without any independent proof or
evidence to establish probable cause that a crime was committed. Attorney
Scott Miller contacted the assigned prosecutor and provided important
information lacking in the police reports. Mr. Miller's client was
never formally charged with a crime, and the client never needed to attend court.
-
2010 CF 531
- Felonies
Criminal trial Attorney Scott Miller was asked to represent this client
arrested for Domestic Battery. The seriousness of these facts amounted
to the client originally being taken into custody for a felony. Mr. Miller
defended his client and was prepared to try the case before a jury. Ultimately,
the prosecutor declined to formally charge Mr. Miller's client.
-
2010-CF 7634
- Felonies
Mr. Miller was retained to represent his client charged with violating
his felony probation for the second time. Mr. Miller appeared in Court
on his client's behalf and prepared a defense arguing the alleged
violations were not wilfully committed. If the judge rules the violations
were not intentional, the judge is required to dismiss the violation affidavit
and reinstate probation. Ultimately, the client's probation was reinstated
and the client maintained a withhold of adjudication, keeping his driver's
license valid. Because the underlying charge was drug related, an adjusdication
would have triggered a two year driver's license suspension.
-
2011 CF 12535
- Felonies
Mr. Miller was retained by his client to represent him after being arrested
and charged by Information with Impersonating a Police Officer. The facts
involved a road rage incident between the client and another driver, as
well as a firearm being involved. Mr. Miller conducted depositions of
all the witnesses, set his client's case for trial, and continued
negotiations with the prosecutor to resolve this case. Ultimately, Mr.
Miller's client was sentenced to a one day anger management course
with no other sanctions or conditions. Once the course is completed, the
client's probation automatically ends without the need for an additional hearing.
-
2011 CF 12654
- Felonies
Mr. Miller was retained to represent his client charged with Grand Theft.
The client was previously convicted of a serious felony and was very concerned
about being sentenced to jail on this pending charge. Mr. Miller immediately
set his client's case for trial, reviewed all the evidence in the
case, and set depositions of the prosecutor's listed witnesses. Athough
the client was accused of stealing thousands and thousands of dollars,
the case was resolved with the agreement that the client reimburse a smail
percentage of the original amount the client was accused of stealing.
Also, the client's probation will terminate automatically onced the
restitution is paid. The client completely avoided any jail sentence in the case.
-
2011 CF 1354
- Felonies
Mr. Miller was contacted by his client because he was arrested for Battery
On A Law Enforcement Officer. Based on witness statements collected by
Mr. Miller, and a review of the probable cause affidavit prepared by the
arresting police officer, Mr. Miller filed a Not Guilty Plea on behalf
of his client and asked the Court to set the case for a jury trial. The
State Attorney's Office declined to file formal charges against Mr.
Miller's client. The client never needed to attend Court and The Miller
Law Firm is now investigating a civil law suit against the arresting police
department.
-
2011 CF 1481
- Felonies
Mr. Miller’s client was arrested and charged by Information with
a third offense DUI. The State Attorney’s Office offered to the
Defendant a plea offer that included six months in the county jail. Because
the facts of the case led Mr. Miller to believe a jury would convict his
client, Mr. Miller recommended a sentencing hearing to his client. Mr.
Miller prepared a sentencing hearing, and presented evidence to the judge
on behalf of his client. Ultimately, the judge sentenced the Defendant
to fifteen consecutive weekends in the county jail. This type of sentence
allowed Mr. Miller’s client to maintain her employment, and was
considerably less than the prosecutor’s recommendation to the Court.
-
2011 CF 15230
- Misdemeanor
Trafficking in Narcotics reduced to Attempted Possession for Mr. Miller's
client. The client originally retained another criminal defense lawyer
for representation. The other attorney had the case for about a year and
could do no better than a prison sentence offer from the prosecutor on
behalf of the client. Mr. Miller agreed to take over the case and filed
motions on behalf of the client. One of the motions was to retake the
depositions of the undercover officer originally deposed by the first
attorney because it was not competently done. Once Mr. Miller retook the
undercover officer's deposition and learned exactly the facts of the
prosecutor's case, Mr. Miller prepared multiple motions to dismiss
the case and suppress evidence. The prosecutor agreed to reduce the charge
from a first degree to a third degree felony. The plea offer was reduced
from three years prison (to be served day for day without gain time) to
three months county jail with credit for time already served.
-
2011 CF 17135
- Felonies
Mr. Miller's client was on felony probation for burglary. His probation
was violated because he was arrested for a new crime. The client was labeled
a violent felony offender of special concern and could not bond out of
jail. Mr. Miller resolved the new charge that violated the probation by
presenting evidence to the prosecutor leading him to decline filing charges.
That paved the way for Mr. Miller to also have the state attorney's
office dismiss the violation of probation affidavit and reinstate the
client's probation to all original terms and conditions.
-
2011 CF 2835
- Felonies
Two counts of Child Abuse and one count of Battery dropped by the State
Attorney's Office against Mr. Miller's client. Experienced Defense
Lawyer Scott Miller was retained to defend his client charged with two
counts of Child Abuse and one count of Battery. Mr. Miller filed a "not
guilty" plea on behalf of his client, excercised his client's
right to a fair and speedy trial, and contacted the assigned prosecutor
to provide exonerating evidence. Ultimately, the prosecuotr dropped all
charges and Mr. Miller's client never made a court appearance.
-
2011 CF 3240
- Felonies
Mr. Miller's client was arrested for a First Degree Felony Burglary
and Battery charge (a charge punishable by life in prison) , as well as
Criminal Mischief. Mr. Miller immediately gathered evidence and the names
of witnesses to defend his client at trial. Mr. Miller also provided the
assigned prosecutor with information that needed to be considered in determining
if charges should be filed. The prosecutor decided to drop the most serious
first degree felony charge, and offered a pretrial diversionary program
for the criminal mischief count. Upon completion, that charge will be
completely dropped as well. Mr. Miller's client never saw a judge
or appeared in a courtroom.
-
2011 CF 3541
- Felonies
Child Neglect charges dropped against Criminal Defense Lawyer Scott Miller's
client. Mr. Miller was immediately retained after his client's arrest.
Mr. Miller filed a "Not Guilty" plea on behalf of his client
and began preparing an aggressive defense to the charge. On the morning
of the client's arraignment, it was announced all charges were dropped.
Mr. Miller's client never needed to make a Court appearance.
-
2011 CF 3725
- Felonies
Child Abuse and Domestic Battery charges dropped against Mr. Miller’s
client. Mr. Miller’s client was arrested by law enforcement for
Child Abuse and Domestic Battery. Mr. Miller immediately scheduled a Bond
Reduction hearing within a few days of the arrest. The Judge reduced the
bond substantially and the client was released from jail. Mr. Miller immediately
filed a “Not Guilty” plea on his client’s behalf and
began preparing a defense to the charges. As the case drew closer to the
arraignment date, the assigned prosecutor dropped all charges against
Mr. Miller’s client.
-
2011 CF 3805
- Felonies
Aggravated Battery charge dropped against Mr. Miller’s client. Mr.
Miller was retained by his client after the police arrested the client
and charged him with Aggravated Battery with a Deadly Weapon. Mr. Miller
immediately filed a “Not Guilty” plea and demanded a trial
by jury. Mr. Miller also contacted the eye witness involved in the case
and began to prepare an aggressive defense on behalf of his client. Within
a few weeks of the arrest, the assigned prosecutor filed a decline memorandum
with the clerk’s office announcing the State Attorney’s Office
will not be pursuing this matter any further.
-
2011 CF 4360
- Felonies
Mr. Miller's client avoids both jail and a felony conviction after
being arrested and charged by Information with Leaving the Scene of an
Accident Causing Injury. Mr. Miller's client was arrested and charged
with being the at fault driver of a car accident that left the other driver
with a broken ankle. Mr. Miller carefully negotiated a plea with the State
Attorney's office in which the client received one hundred hours of
community service and court costs with no further sanctions.
-
2011 CF 5250
- Felonies
Mr. Miller was retained to represent his client charged with Aggravated
Battery with a Deadly Weapon, a criminal charge that requires a prison
sentence if convicted. The client originally hired but than fired her
original attorney because she was very unhappy with the attorney's
communication skills and the inability to resolve the case for her. The
original attorney had the case for approximately nine months. Within two
months of Mr. Miller being retained, the charge was reduced allowing the
client to plead to a small amount of probation. The client was sentenced
to performing community service work. Also, the client completely avoided
a conviction from being placed on her record.
-
2011 CF 6900 and 2007 CF 8492
- Felonies
Experienced defense attorney Scott Miller was hired to represent his client
charged with Lewd and Lascivious Behavior, a sex offense. To make matters
worse, the client was already on felony probation for Possession of Cocaine
with Intent to Sell. Becausue Mr. Miller's client was in jail without
a bond, Mr. Miller immediately prepared and arranged for a bond hearing.
Within Mr. Miller motion to set bond, Mr. Miller argued that probable
cause did not exist at the time of the arrest, and the elements of the
crime charged could not be proven. Mr. Miller's client was released
from jail. The State Attorney's Office declined to file formal charges
against Mr. Miller's client, and the probation was reinstated.
-
2011 CF 7243
- Felonies
First Degree Felony Racketeering charges dropped against Mr. Miller's
client. This case involved a lengthy undercover investigation by law enforcement
in Tampa, Florida regarding onging insurance fraud that involved health
clinics around the county. Many people were arrested and charged with
various crimes depending upon their involvement. Mr. Miller was immediately
retained by his client. Mr. Miller filed a "Not Guilty" plea
and a notice of his intent to participate in the discovery process. As
the case drew closer to a trial date, the prosecutor officially announced
on the record that he was dropping the most serious charge in the Information.
In return, Mr. Miller's client agreed to particiapte in the pretrial
intervention program, meaning upon successful completion all remaining
less serious charges will be dropped as well.
-
2011 CF 7994
- Felonies
The client's family retained Mr. Miller to defend him on two charges
of Aggravated Battery Causing Great Bodily Harm and/or Using a Deadly
Weapon (Knife). The client had a criminal history, and had been to prison
before. At the time Mr. Miller initially took the case, the prosecutor
wanted the defendant to be sentenced to the Dept. of Corrections for many
years. Mr. Miller appeared before the judge with his client, requested
the next available trial date, and refused to waive his client's right
to a speedy trial. Mr. Miller quickly conducted depositions of all the
police officers and lay witnesses, including the witnesses outside Sarasota
County. Once the depositions were concluded and Mr. Miller had an opportunity
to prepare a defense, he was in a position to negotiate a potential plea
offer with the prosecutor. The client completely avoided prison, the stress
of a trial, and ultimately served county jail time. The client and his
family were very satisfied with the outcome of this case.
-
2011 CF 975; 2008 CF 4026: 2008 CF 4051
- Felonies
Mr. Miller's client was arrested and charged by Information with possessing
multiple narcotics without a valid prescription. The client was already
on felony probation from two previous charges. This new charge violated
the client's probation, and the prosecutor was seeking a prison sentence.
Mr. Miller knew his client suffered from a severe drug addiction, so he
immediately contacted a state certified drug treatment program. His client
was evaluated and approved. Mr. Miller convinced the Judge to reinstate
his client's probation, and allow the client to enter the drug program
at no cost to the client. The client avoided a prison sentence, and was
able to seek much needed treatment.
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2011 CT 1077
- Misdemeanor
Mr. Miller was retained to represent his client charged with DUI. The prosecutor
initially wanted the client to plead to a lengthy jail sentence because
of prior DUI arrests. In defending his client, Mr. Miller pointed out
relevant mitigating factors and particular factual issues in the case
that warranted a more favorable outcome for the client. Ultimately, Mr.
Miller's client was ordered to complete a probationary sentence without
any jail sentence whatsoever.
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2011 CT 14439 and 2011 CT 2562
- Misdemeanor
Mr. Millr's client was already on Bradenton, Manatee County probation
for DUI when she was stopped in Sarasota County and arrested for Driving
on a Suspended License. The Sarasota arrest violated the DUI probation,
and prosecutors in each county were requiring the client to serve a total
of 120 days in jail. Mr. Miller prepared a defense to the allegations,
requested a jury trial on the Sarasota charge and requested a Violation
Hearing on the Bradenton charge. Before the cases were actually heard,
Mr. Miller addressed the Courts in an effort to resolve the cases. Ultimately,
the client was ordered to complete two weekends in the county jail and
finish completing the terms of probation. The client was able to maintain
her employment and continue to care for her elderly father.
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2011 CT 2426
- Misdemeanor
Mr. Miller's client was arrested and charged by information with DUI.
The client gave a breath test after his arrest and tested positive for
alcohol in his system. Also, the client indicated to the arresting officer
that he would also test positive for marijuana if he gave a urine sample.
Mr. Miller prepared a defense in this case and attended court with his
client. Just before jury selection, the assigned prosecutor announced
on the record that she was reducing the case to Reckless Driving. Mr.
Miller's client entered a "no contest" plea to the reduced
charge keeping a DUI conviction off the record. Mr. Miller's client
avoided a jury trial, and will be on probation for a much shorter time
than a standard DUI probation. Also, the judge declined to formally convict
Mr. Miller's client of Reckless Driving keeping any points from being
placed on the driving record. The client avoided all the mandatory conditions
that accompany a DUI sentence.
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2011 CT 2562
- Misdemeanor
This was the third
DUI arrest for Mr. Miller's client. Mr. Miller entered a Not Guilty plea
on his client's behalf and began preparing a defense to present to
a jury. Mr. Miller knew the State Attorney's Office would be seeking
a lengthy jail sentence based on the client's prior record. After
obtaining the video recording created by the arresting officer from his
patrol vehicle, Mr. Miller prepared motions to suppress statements made
both by his client and the arresting officer. Ultimately, the prosecutor
offered a probationary sentence to Mr. Miller's client as a resolution
to the case. Mr. Miller's client completely avoided any jail sentence
originally sought by the prosecutor.
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2011 CT 2760
- Misdemeanor
Mr. Miller was retained to represent his client after he was arrested and
charged by Information with DUI. Mr. Miller immediately filed a written
plea of "Not Guilty" and requested his client's case be
put on a trial docket. Mr. Miller exercised his client's right to
a speedy trial. On the morning of jury selection, the State Attorney's
Office offered to reduce the DUI charge to a lesser offense, and offered
a short probationary sentence instead of the original offer of thirty
days in the county jail. Mr. Miller's client accepted the offer, and
also avoided a Court ordered driver's license suspension and mandatory
impoundment of the motor vehicle.
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2011 CT 3341
- Misdemeanor
Jury finds Scott Miller’s client NOT GUILTY of DUI. Attorney Scott
Miller defended his client in Court before a Manatee County Jury for the
charge of DUI. Mr. Miller cross-examined police officers, called his own
witnesses, and presented argument on behalf of his client. Although Law
Enforcement accused Mr. Miller’s client of speeding in excess of
100 mph, failing roadside field sobriety tests, admitting to consuming
alcohol, and videotaping Mr. Miller’s client the night of the arrest,
a jury determined there was not enough to convict Mr. Miller’s client.
Ultimately, the client was completely exonerated of the criminal charge
filed by the State Attorney’s Office.
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2011 CT 4449
- Misdemeanor
Experienced criminal defense lawyer Scott Miller was retained to represent
his client arrested and charged by Information with DUI. This was the
third DUI arrest for the client, and he had already been convicted of
DUI twice before. The state attorney's office was requesting a considerable
jail sentence upon a third conviction. Mr. Miller appeared in Court with
his client and announced they were ready for trial. Mr. Miller conducted
jury selection on Monday and a jury was chosen and sworn in. The trial
judge told the jury to return to the courtroom Tuesday morning to hear
the facts of the case. Mr. Miller came to Court ready to present his case.
The prosecuting attorney announced immediately before opening statements
that he was dropping the case against Mr. Miller's client in its entirety.
Mr. Miller also requested that the judge dismiss the civil traffic infractions
issued by the arresting officer as well, and the judge agreed.
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2011 CT 4795
2011 CT 4795
- Misdemeanor
Mr. Miller was retained to defend his client charged with DUI. The client
was already on Felony Probation for Burglary of an Occupied Residence
in case number 2008 CF 14014. Because the DUI arrest violated the client's
probation, the State Attorney's office initially recommended the client
be given a prison sentence. Mr. Miller defended the case and continued
an open dialogue with the assigned prosecutor. Ultimately, the client's
Felony Probation was fully reinstated, the DUI case was worked out to
a probationary sentence, and the client never spent any additional time
in either county jail or prison.
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2011 CT 6299
- Misdemeanor
Mr. Miller was retained to represent his client charged with DUI and Refusing
to Submit to a Breath Test. The client had a prior DUI on his record as
well as a previous Refusal to Submit to Testing. In the state of Florida,
if a prior refusal to submit exists, then a second refusal to submit to
testing is a first degree misdemeanor. Based on the prior charges, the
prosecutor was attempting to put Mr. Miller's client in jail for ninety
days. Mr. Miller set his client's case for trial and prepared a defense.
A week before the trial date, the prosecutor offered a new plea eliminating
any jail whatsoever. The client was able to avoid the stress of standing
trial and received a probationary sentence.
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2011 DR 3583
- Felonies
The client retained Mr. Miller to prevent a Permanent Restraining Order
from being issued by the Court against him. The petitioner in this case
alleged prior dating violence and that she was in fear of future violence.
Mr. Miller's client was determined to defend himself and denied every
allegation made by the Petitioner. Mr. Miller prepared a vigorous defense
and defended his client at trial. After hearing all the evidence, the
judge ruled in favor of Mr. Miller's client and denied the petitioner's
request for an injunction.
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2011 MM 10065
- Misdemeanor
The client retained experienced criminal defense lawyer Scott Miller to
represent her regarding an arrest for Battery. The client was accused
of unlawfully and harmfully touching another person against his will.
Mr. Miller quickly gathered exonerating evidence to use in case this matter
went to a jury trial. Mr. Miller also initiated communication with the
prosecutor to discuss this case. On the morning of the client's arraignment,
the State Attorney's Office declined filing any charges against Mr.
Miller's client.
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2011 MM 10382
- Misdemeanor
Mr. Miller was retained to represent his client arrested for an alleged
Battery that occurred at the Ritz Carlton in Sarasota, Florida. Mr. Miller
immediately gathered evidence and information to share with the assigned
prosecutor that was not included in the police officer's probable
cause affidavit. Ultimately, charges were never filed against Mr. Miller's
client, and the prosecutor declined to pursue this matter.
-
2011 MM 1219
- Misdemeanor
Defense Attorney Scott Miller was hired to represent his client for Retail
Theft. The client had no criminal history, so Mr. Miller immediately arranged
for the pretrial diversion program through the State Attorney's Office.
Within approximately three months, all acharges will be dropped and the
client will be eligible to expunge the arrest from his record. The client
never appeared in court.
-
2011 MM 1455
- Misdemeanor
Mr. Miller's young client was arrested for Possession Of Marijuana.
Based on the facts of this case, it did appear the police investigation
and ultimate arrest was lawful, therefore the evidence would be admissible
against Mr. Miller’s client. Mr. Miller discussed the option of
a pretrial diversion program with his client and the client's parents.
All agreed this would be the best way to resolve this matter. Mr. Miller
quickly arranged for the pretrial diversion program. Once the client successfully
completes it, all charges will be dropped and the client will be eligible
to expunge the charge from his entire record. Mr. Miller's client
never made a courtroom appearance.
-
2011 MM 1727
- Misdemeanor
Criminal Defense Lawyer Scott Miller was retained to represent his client
regarding a Domestic Battery situation. In this case, the alleged victiom
suffered facial injuries witnessed by family members and a caregiver.
Law Enforcement became involved and collected photgraphs and witness affidavits.
As a result, the client was arrested. Mr. Miller immediately began his
own investigation and started preparing a defense. Also, Mr. Miller contacted
the assigned prosecutor to begin an open line of communication to remain
updated on the State's official charging decision. Ultimately, the
state attorney declined to file formal charges against Mr. Miller's
client and the client never appeared in a courtroom.
-
2011 MM 1824
- Misdemeanor
Mr. Miller was retained by his client regarding a Theft charge. The State
Attorney's Office originally sought a considerable sentence because
of prior thefts on the client's criminal record. Ultimately, Mr. Miller
negotiated a plea arrangement that included nothing more than a short
term of probation and some community service work. The client made one
court appearance that lasted less than ten minutes.
-
2011 MM 1939
- Misdemeanor
The client retained Mr. Miller to represent her regarding multple charges.
The client was arrested and charged by Informatiion with DUI,
Driving on a Suspended License, Possession of Marijuana, Giving False Information to Law Enforcement,
and Unlawfully Displaying another Driver's License that did not belong
to her. The prosecutor was requesting a lengthy county jail sentence because
of extenuating facts not normally associated with a DUI arrest. Mr. Miller
announced on the record in multiple court proceedings that he wanted to
take this case to a trial. Ultimately, although the client eventually
entered a plea and did not go to trial, the client was placed on probation
without any jail sentence whatsoever. The client avoided the stress of
a trial, and will most likely have probation terminated at or near the
end of six months.
-
2011 MM 3106
- Misdemeanor
Mr. Miller's client was arrested and charged with Retail Theft. Based
on the facts and circumstances surrounding this charge, Mr. Miller immediately
arranged to have his client enter into the Pretrial Intervention Program.
Upon completion of this program, all charges will be dropped by the State
Attorney's Office and Mr. Miller's client will be eligible to
have the record expunged.
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2011 MM 3199
- Misdemeanor
Mr. Miller's client had an outstanding arrest warrant in Bradenton.
The client resided in Texas and was afraid to return to Florida. Mr. Miller
immediately prepared a plea in absentia and attended Court on behalf of
his client. The judge set aside the arrest warrant and Mr. Miller resolved
the pending criminal matter at the same time. The client never attended
Court and is free to return to Florida without the threat of being arrested.
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2011 MM 3826
- Misdemeanor
Mr. Miller was immediately retained to represent his client arrested and
charged with Domestic Battery. Mr. Miller immediately filed a notice of
appearance and pled his client “Not Guilty.” Within two weeks
of the arrest, all charges were dropped by the state attorney's office.
-
2011 MM 4848
- Misdemeanor
My Miller was retained to represent his client charged with Retail Theft.
The client had no criminal history at all and was embarrassed about this
situation. Within less than a week, Mr. Miller resolved his client's
case, and the client never had to attend court. The client will be eligible
to expunge his record in a few short months, and wipe away this incident
as if it never occurred.
-
2011 MM 5451
- Misdemeanor
Mr. Miller was retained by his client to defend him after being arrested
for Battery and two additional counts of Obstructing a Police Officer
during the course of his duties. This was the client's second arrest
for Battery within a few months and the second time Mr. Miller was retained.
Mr. Miller was able to convince the prosecutor to drop the first Battery
charge. As to the second arrest, Mr. Miller took on dual roles: defending
his client while continuing plea negotiations with the prosecutor. After
conferring with his client, Mr. Miller was able to get the Battery charge
and one count of the Obstruction charged immediately dropped before the
client's arraignment. As to the second Obstruction charge, the client
agreed to the Pretrial Intervention Program. Upon successful completion,
the charge will be completely dropped as well.
-
2011 MM 6559
- Misdemeanor
Jury acquits Mr. Miller's client after trial. Mr. Miller represented
his client charged with Battery and Resisting Arrest. Mr. Miller challenged
and cross-examined the police officers, attacking their credibility to
tell the truth. Mr. Miller also called a witness and had his client testify
before the jury. After approximately twenty minutes of deliberation, the
jury returned a verdict of not guilty on both counts.
-
2011 MM 6649
- Misdemeanor
Battery charges dropped against Mr. Miller's client. Mr. Miller was
retained to defend his client arrested for Battery. Mr. Miller immediately
filed a "Not Guilty" plea on behalf of his client and began
preparing his case for trial. After the prosecutor had an opportunity
to review the case and evidence, the prosecutor concluded the charges
would be dropped. Mr. Miller's client never attended court.
-
2011 MM 6697
- Misdemeanor
Domestic Battery charges dropped against Mr. Miller's client. The client's
was arrested and charged by the police officer for Domestic Battery. Mr.
Miller was retained immediately, and had the opportunity to represent
his client at the First Appearance Hearing. Mr. Miller explained to the
Court and prosecutor that evidence existed to support the allegations
were fraudulent and created by the victim to help the outcome of a pending
divorce. All charges were dropped before the client's scheduled arraignment
date, and Mr. Miller is in the process of expunging this incident from
his client's record.
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2011 MM 9606
- Misdemeanor
Mr. Miller's client was arrested and charged with Retail Theft from
a local department store. The client was elderly and had never been in
trouble before. She was also very nervous and scared about attending Court.
Mr. Miller explained to his client all the options available to handle
this matter quickly and quietly, avoiding additional embarrassment to
the client. Within a few weeks of the arrest, the case was closed and
Mr. Miller's client avoided Court altogether. The client entered a
voluntary intervention program, and the case will be dropped upon its
successful completion. The client will be eligible to expunge the entire
incident from her record within a few months.
-
2012 CF 1125
- Felonies
Aiding and/or Conspiring to Commit Aggravated Assault with a Firearm charge
dropped against Mr. Miller's client. The client was arrested by police
for allegedly assisting another individual by operating a motor vehicle
while the co-defendant pointed a firearm at the alleged victim. The client
was given a $150,000 bond by the judge effectively keeping the client
in jail. Florida law requires an inmate be released if no charges are
filed by the State Attorney's Office by the 33rd day of incarceration.
On the 34th day, Mr. Miller filed a motion to release an uncharged inmate.
The morning of the hearing, the prosecutor dropped the case against Mr.
Miller's client, and the client was released from jail.
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2012 CF 1126
- Felonies
Aggravated Assault with a Firearm charge dropped against Mr. Miller's
client. This is a continuation of the case listed above. Mr. Miller began
preparing a defense immediately and gathered evidence to establish the
alleged victim was lying and made up this entire allegation. Mr. Miller
presented this information to the State Attorney's office. Because
the prosecutor had not made a charging decision by the 33rd day of the
defendant's incarceration, Mr. Miller asked the Court to release his
client. Before the Court could make that decision, prosecutor finally
dropped the charge.
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2012 CF 1196
- Felonies
Felony Battery charge dropped against Mr. Miller's client. Mr. Miller
was retained to defend his client arrested for Battery on a Person Over
the Age of Sixty-Five, a felony charge. Mr. Miller immediately filed a
Notice of Appearance, Pea of Not Guilty, and began to prepare a defense
should this case go to trial. Ultimately, the prosecutor decided he could
not prove this case beyond a reasonable doubt, and dropped the charge.
-
2012 CF 1201
- Felonies
All charges dropped against Mr. Miller's client. Mr. Miller was retained
to represent his client charged with Aggravated Battery with a Motor Vehicle.
The client was accused of causing an accident and attempting to flee the
scene. The alleged victim chased the client vehicle and cornered him.
The client was accused of ramming the alleged victim's vehicle and
moving it until he had enough space to drive away in his car. Mr. Miller
immediately contacted the assigned prosecutor and pointed out inconsistencies
in the facts of the case. Mr. Miller also presented his client's account
of the entire incident that was very different from the alleged victim's
scenerio. Ultimately, all charges were dropped against Mr. Miller's
client, and the client never needed to attend court.
-
2012 CF 12251
- Felonies
Mr. Miller's client was arrested and charged by Information with four
counts of Lewd and Lascivious Behavior on a child. The bond on the case
was $400,000, something the defendant could clearly not afford. Mr. Miller
conducted a full blown bond hearing and convinced the judge to reduce
the bond to an amount that allowed the defendant to be released from jail.
Once the defendant was released, he had the public defender's office
represent him for approximately eight months. The plea offer was twenty
years in prison. The defendant's family contacted Mr. Miller and retained
him to take the case over. Mr. Miller completed very difficult depositions
and prepared the case for trial. The central issue of the case was the
accuser's credibility. At the docket sounding the week before trial,
the prosecutor entered a nolle prosse, a Latin term telling the Court
all charges was officially dismissed and the prosecutor would not be moving
forward with the case. The client got his life back.
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2012 CF 12811
- Felonies
The client was arrested and charged by Information with Aggravated Assault
and Battery on a Law Enforcement Officer, both serious felonies. The client
originally retained another criminal defense attorney to handle the case,
but became very unhappy with his representation. Mr. Miller took over
the case from the previous attorney and immeditely began defending his
client. Mr. Miller prepared the case for trial. As the case grew closer
to the trial date, the prosecutor dropped the Aggravated Battery charge
altogether, and reduced the remaing felony to a misdemeanor. The judge
withheld adjudication and the client was never convicted of a criminal charge.
-
2012 CF 16637
- Felonies
Mr. Miller was retained to represent his client charged by Information
with two serious felonies, Aggravated Battery on a Law Enforcement Officer
and Aggravated Battery on a Medical Provider. Criminal defense lawyer
Scott Miller filed a "Not Guilty" plea on behalf of his client.
Mr. Miller prepared the case for trial as well as kept a line of communication
open with the State Attorney's office to negotiate a plea bargain
acceptable to his client. The prosecutor ultimately reduced both felonies
to misdemeanors with the agreement that the client receive a withhold
of adjudication, effectively keeping criminal convictions off the client's record.
-
2012 CF 1710
- Felonies
Mr. Miller's client was arrested by the police for Aggravated Domestic
Battery. This case involved the alleged victim being transported to the
hosptial for injuries to the face and lower body. Medical staff contacted
law enforcement that ultimately led to Mr. Miller's client being arrested.
Mr. Miller immediately contacted the state attorney's office and provided
information regarding the alledged victim's injuries, specifically
that they were self induced and not at the hands of Mr. Miller's client.
Mr. Miller also attended Court on behalf of his client pertaining to a
related restraining order. Within a few weeks of the arrest, all criminal
charges were dropped, and Mr. Miller carefully negotiated the terms of
a restarining order that were necessary and beneficial for his client.
-
2012 CF 1875
- Felonies
Criminal charge of Impersonating a Police Officer dropped against Mr. Miller's
client. The client was arrested for falsely personating a police officer.
Based on the facts and circumstances surrounding the arrest, Mr. Miller
was successfully able to point out that the actions of his client did
not amount to a crime, and the criminal elements under the Florida Statute
were not met. Ultimately, the assigned prosecutor declined to file formal
charges. Mr. Miller's client never saw the inside of a courtroom.
-
2012 CF 1937
- Felonies
Aggravated Battery with a Motor Vehicle and Simple Battery charges dropped
by the Sate Attorney's Office for Mr. Miller's client. Mr. Miller
was retained to represent his client within a few days of the arrest.
Mr. Miller investigated his client's case and collected names and
addresses of eye witnesses to the incident. These witnesses corroborated
the client's account of the incident. Mr. Miller filed a "Not
Guilty" plea and began preparing the case for trial. Ultimately,
the assigned prosecutor determined the case could not be proven beyond
a reasonable doubt and declined to pursue the case any further.
-
2012 CF 2116
- Felonies
All charges dropped against Mr. Miller's client. The client was arrested
for Tampering with Evidence, accused of hiding a firearm on behalf of
another individual also arrested for a felony. Mr Miller filed a "Not
Guilty" plea and requested a jury trial be set within speedy trail
limits. Mr. Miller also initiated communication with the assigned prosecutor
to discuss facts and circumstances that exonerated Mr. Miller's client.
The prosecutor concluded charges should not be filed and declined further
prosecution.
-
2012 CF 2121
- Felonies
Mr. Miller's client, a retired medical doctor, was arrested and charged
with Information with Cruelty to an Animal and Discharging a Firearm in
Public. The doctor had experienced both mental and physical health issues
over the last few years, and was not the alert, outgoing person he used
to be. Mr. Miller appeared before the Court to resolve the criminal matter,
and negotiated a resolution that amounted to the Doctor continuing to
remain under the care and treatment of his current health providers.
-
2012 CF 2287
- Felonies
Mr. Miller's client was arrested for Displaying a Fraudulent Driver's
License, a Third Degree Felony, to a Police Officer. Before the prosecutor
could file an Informtion against Mr. Miller's client, Mr. Miller contacted
the State Attorney's Office and requested his client be screened for
the pretrial intervention program. The client was accepted and within
a short time the felony charge will be dropped upon successful completion.
This will allow Mr. Miller's client to expunge the charge completely
from her record as if it never occurred.
-
2012 CF 3241
- Felonies
Mr. Miller was retained to defend his client arrested for Aggravated Battery
with a Motor Vehicle. Mr. Miller immediately pled his client "Not
Guilty" and requested a jury trial. Mr. Miller also began gathering
evidence exonerating his client in preparation of trial. A short time
after the client's first scheduled court date, the charge was officially
dropped by the assigned prosecutor.
-
2012 CF 3487
- Felonies
Grand Theft charge dropped against Defense Attorney Scott Miller's
client. The client was arrested in Bradenton for stealing items from a
home under construction in which the client was employed as a subcontractor.
Mr. Miller immediately filed a "Not Guilty" plea and requested
a jury trial at his client's arraignment. As the case went on, the
assigned prosecutor neglected to file an Information within the client's
right to a speedy trial. Since Mr. Miller calendared important deadlines
and quietly watched as the prosecutor neglected the case, he set a Court
hearing to dismiss the case at the appropriate time. The prosecutor had
no choice but to drop the charge. Mr. Miller is now in the process of
expunging his client's record.
-
2012 CF 3506
- Felonies
Mr. Miller was asked by his client to take over his criminal case from
another attorney who had the case for approximately nine months. The client
was arrested and charged by Information with Felony Battery stemming from
an altercation at a Sarasota restaurant on New Years Eve. The previous
defense lawyer recommended the client enter a plea to a criminal charge,
something the client was unwilling to do becasue his job was at stake.
Mr. Miller tok over the case, put the prosecutor on notice of a list of
defense witnesses, and set the case for trial. Within a month of Mr. Miller
agreeing to take the case, the criminal charge was completely dropped
by the prosecutor.
-
2012 CF 3527
- Felonies
Aggravated Assault with a Firearm charge dropped against Mr. Miller's
client. Mr. Miller's client was arrested in Manatee County for pointing
a loaded gun at the alleged victim's head. This particular charge
calls for a minimum mandatory prison sentence in the state of Florida
if the Defendant is convicted. Mr. Miller immediately filed a plea of
"Not Guilty" plea and demand for a jury trial on behalf of his
client. As Mr. Miller prepared a defense strategy for trial, the assigned
prosecutor eventually drop the charge completely.
-
2012 CF 354
- Felonies
Charges reduced from serious felonies to misdemeanors for Mr. Miller's
client. The client was arrested for two burglaries in Manatee County.
Mr. Miller immediately contacted the assigned prosecutor to discuss the
matter and negotiate a disposition to resolve the case quickly. The charges
were reduced to trespass and petit theft, and Mr. Miller attended Court
with his client. The Judge sentenced the client to a fine that was paid
the same day, ending this stressful ordeal.
-
2012 CF 3738
- Felonies
Mr. Miller's client was arrested for Battery on a Person Over the Age
of Sixty-Five, a third degree felony. Mr. Miller filed a not guilty plea
and request for a jury trial on behalf of his client. The client had a
much different account of the facts compared to the police officer's
probable cause affidavit, and shared information with the prosecutor exonerating
his client. The charge was completely dropped by the State Attorney's Office.
-
2012 CF 3752
- Felonies
Battery on law enforcement charge, a felony, dropped against Mr. Miller's
client after an Information was filed against her. The defendant was accused
of kicking a police officer while in custody at the Sarasota County Jail.
Mr. Miller immediately obtained the jail video that showed his client's
behavior. The video showed a law enforcement officer grabbing Mr. Miller's
client by the throat and thrusting her down into a chair. The video also
showed the client on the floor while police officers stepped over her
and routinely kicked her to see if she was responsive.
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2012 CF 4091
- Felonies
Felony Battery charge dropped by State Attorney's Office. Mr. Miller's
client was arrested for Battery on a Person Over the Age of Sixty-Five,
a third degree felony. Mr. Miller immediately contacted witnesses and
gathered evidence that would exonerate his client, and filed a "Not
Guilty" plea for the scheduled arraignment date. Mr. Miller also
filed a written request for a Jury Trial and did not waive his client's
right to a speedy trial. Shortly thereafter, the prosecutor dropped the
felony charge against Mr. Miller's client.
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2012 CF 480
- Felonies
Mr. Miller was retained to represent his client arrested for Aggravated
Assault with a Firearm. This was a very serious case with life changing
consequences because under Florida Law, the client was facing a day for
day mandatory prison sentence of at least three years, and potentially
being sentenced under the 10/20/Life Law. After careful negotiations with
the State Attorney's Office and the presentation of mitigating facts
beneficial to Mr. Miller's client, the charge was reduced to a misdemeanor
count of Improper Exhibition of a Firearm. The client entered into the
pretrial intervention program, allowing the charge to eventually be dropped
and expunged from the client's record.
-
2012 CF 4911
- Felonies
Dealing In Stolen Property charge dropped against Mr. Miller's client.
Three indiviiduals were arrested pursuant to an investigation by the North
Port Police Department regarding this case. Although the other two individuals
not represented by Mr. Miller have been charged by Information, the prosecutor
concluded that she would not be able to proceed against Mr. Miller's
client. The decision not to file charges against Mr. Miller's client
was due to information Mr. Miller provided to the investigating Police
Officer that established the charge would not be able to be proven beyond
a reasonable doubt before a Sarasota County Jury.
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2012 CF 688
- Felonies
Charges dropped against Mr. Miller's client before the arraignment
court date. A police officer arrested Mr. Miller's client and charged
him with Battery. The charge was labeled a felony because the alleged
victim was over the age of sixty-five. Mr. Miller immediately contacted
the State Attorney's Office and discussed the facts with the prosecutor.
Mr. Miller was also willing to make his client available to the prosecutor
to give his account of what occurred. Ultimately, the prosecutor declined
to prosecute the case for lack of sufficient evidence.
-
2012 CF 7666
- Felonies
Mr. Miller's client was arrested for possessing a felony amount of
marijuana. The client had no criminal history to speak of. The client
was gainfully employed, married, and in the process of becoming a father.
Mr. Miller immediately discussed alternative options available to the
client other than criminal prosecution. The client entered into the diversionary
program, allowing the client to have his criminal charge completely dropped
upon successful completion.
-
2012 CF 7902
- Felonies
Mr. Miller's client was arrested by the Sarasota Police Department
for two separate charges of Possession of a Controlled Substance, a third
degree felony. Mr. Miller immediately filed a Not Guilty plea on behalf
of his client, and contacted the assigned prosecutor to discuss the case.
Mr. Miller provided the prosecutor with facts and evidence that clearly
exonerated his client. Within a few short weeks of providing that information,
all charged were dropped. Mr. Miller's client never saw the inside
of a courtroom.
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2012 CT 1490
- Misdemeanor
Mr. Miller's client avoids jail after fourth arrest for DUI. Mr. Miller
was retained for the second time to represent his client charged with
DUI. In the first representation, Mr. Miller's client was acquitted
before a Sarasota County jury. In the present case, Mr. Miller negotiated
a plea that allowed his client to obtain counseling, and avoid incarceration
that usually accompanies a DUI sentence with a history of alcohol related arrests.
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2012 CT 3207
- Misdemeanor
DUI charged reduced to Reckless Driving by prosecutor for Mr. Miller's
client. Defense Attorney Scott Miller was retained to defend his client
charged with DUI. Mr. Miller appeared in Court with his client prepared
to go to trial. As the case drew close to the trial date, the state attorney's
office offered to reduce the charge wiping the DUI from the client's
record. The client pled to a reduced charge and received minimal probation.
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2012 CT 3262
- Misdemeanor
DUI charge reduced against Mr. Miller's client. Mr. Miller's client
was arrested and charged by Information for DUI. Mr. Miller prepared the
case for trial and was ready to try the case before a jury. As the case
drew close to the trial date, the prosecutor offered to reduce the charge
from a DUI to Reckless Driving. Mr. Miller's client accepted the plea
offer. The client completely avoided a driver's license suspension,
having to perform any community service work, and having her automobile
impounded for ten days. The Judge also agreed to withhold adjudication,
meaning the client avoided a criminal conviction and she did not receive
any points on her driving record.
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2012 CT 724
- Misdemeanor
Mr. Miller's client avoids jail after third arrest for DUI. The client
retained Mr. Miller to represent him regarding DUI arrests in 2005 and
2012. In the 2005 arrest, Mr. Miller filed a motion to suppress evidence
and prepared the case for trial. On the morning of jury selection, the
prosecutor offered to reduce the charge and the client accepted a plea
deal that involved short probation. In the most recent 2012 DUI arrest,
the prosecutor initially offered the client a plea that involved a lengthy
jail sentence. Mr. Miller negotiated a plea and also involved the judge
regarding an appropriate sentence. The Judge sentenced Mr. Miller's
client to a probationary sentence and avoided any jail whatsoever.
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2012 DR 3035
- Felonies
An individual sought a restraining order against Mr. Miller's client.
Mr. Miller prepared for the Court Hearing and appeared before the Circuit
Judge to present his client's case. Immediately after Mr. Miller cross
examined the petitioner seeking the restrainaing order, the judge through
the case out. Mr. Miller's did not even need to introduce documents
or have his client testify before the case was dismissed.
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2012 MM 14215
- Misdemeanor
Mr. Miller's client was arrested for Domestic Battery regarding a physical
altercation with his step-children. Mr. Miller immediately filed the necessary
Court Pleadings on behalf of his client. Mr. Miller also collected both
physical evidence and witness testimony exonerating his client. Within
a week of retaining Mr. Miller, the charge was dropped by the prosecutor.
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2012 MM 14454
- Misdemeanor
Mr. Miller's client was arrested for Violation of a Restraing Order.
The first appearance judge set the bond at $50,000, and the assigned judge
would not reduce the bond. Mr. Miller immediately filed a demand for a
speedy trial and notified the assigned prosecutor. Within three days of
the arrest, all charges were dropped and the client was released from jail.
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2012 MM 1469
- Misdemeanor
Battery charged dropped against Mr. Miller's client. The client originally
retained another attorney to defend this case, but nothing appeared to
be happening. The client then retained Mr. Miller to prepare a defense
in this case and take it to trial. Within a few weeks of Mr. Miller being
retained, the charge was dropped against the client. The client is now
eligible to have the record expunged.
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2012 MM 1819
- Misdemeanor
Battery charge dropped against Mr. Miller' client. This arrest arose
from a domestic incident between the client and his wife. Although the
first appearance judge ordered the parties to have no contact, the wife
wished to drop charges and have immediate contact with her husband. Mr.
Miller scheduled a motion before the Court to delete the "No Contact"
order and also counseled with the wife to answer her questions and explain
the legal process. Mr. Miller also contacted the assigned prosecutor to
resolve this case. Within a few weeks of the arrest, the charge was dropped
against Mr. Miller's client.
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2012 MM 2570
- Misdemeanor
Charge was dropped against Mr. Miller's client. Mr. Miller's client
was arrested for Battery. In this case, the client was wrongfully arrested
because the facts supported she was only defending herself. Mr. Miller
immediately filed a 'Not Guilty" plea on behalf on his client,
and demanded a trial before a jury. Within a day on the client's arraignment,
the prosecutor officially declined filing a formal criminal charge in
this matter.
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2012 MM 3217
- Misdemeanor
Mr. Miller saved his client from a two year driver's license suspension.
Mr. Miller was retained to help his client arrested and charged by Information
for Possession of Marijuana. This case was complicated because the client
was previously placed on criminal probation for a drug charge a few years
earlier. Normally, the judge would convict a defendant who has a previous
criminal charge on their record, and that would have resulted in a driver's
license suspension in this matter. Mr. Miller filed a Not Guilty plea
on behalf of his client, and researched relevant issues to suppress the
evidence in the case. Ultimately, Mr. Miller negotiated a plea that called
for the judge to withhold adjudication. The end result was the client
received a few months probation without any suspension whatsoever.
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2012 MM 3427
- Misdemeanor
Possession of Marijuana and Drug Parapernalia charges dismissed against
Mr. Miller's client. The client was arrested pursuant to a valid traffic
stop. The client's employment hinged on these charges being dropped.
Mr. Miller immediately pursued with the State Attorney's office having
his client screened and approved for the Pretrial Intervention Program.
She was accepted and is currently completing all of its terms. Within
a few short months the client will be eligible for a record expungement
wiping her record completely clean. Mr. Miller will do the expungment
for his client.
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2012 MM 3752
- Misdemeanor
Domestic Violence Battery charge dropped against Mr. Miller's client.
Although the client was arrested for Domestic Battery, Mr. Miller immediately
gathered evidence supporting his client's position that the accuser
had consumed alcohol and initiated physical contact. Mr. Miller pled his
client "Not Guilty" and requested a jury trial. Once the prosecutor
took a closer look at the case, he decided not to proceed against Mr,
Miller's client.
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2012 MM 5312
- Misdemeanor
Battery charge dropped against Mr. Miller's client. The client confronted
his roommate regarding missing prescription medication. The client knew
the roommate had a drug dependency problem, and confronted the roommate.
The roommate attacked Mr. Miller's client. Because the roommate called
the police first, and because of a poor police investigation, Mr. Miller's
client was wrongfully arrested. Mr. Miller immediately filed a "Not
Guilty" plea on behalf of his client and began preparing the case
for trial. The prosecutor declined to file any formal charges in this matter.
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2012 MM 5581
- Misdemeanor
The client was arrested for Domestic Battery in Bradenton. Florida. The
alleged victim, the client's wife, did not want her husband arrested
and tried explaining that to the arresting officer. Nonetheless, the officer
did arrest the husband. Mr. Miller was retained and gathered all the facts
surrounding the arrest. As it turned out, the wife initiated physical
contact with her husband and was the initial aggressor. Mr. Miller took
the position his client was acting in self-defense. The charge was dismissed
and the client never appeared in court.
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2012 MM 5702
- Misdemeanor
Mr. Miller's client was arrested for Possession of Marijuana and Domestic
Battery. The domestic Battery charge was dismissed early in the case,
but the prosecutor decided marijuana charge was strong enough to go forward.
Mr. Miller was able to convince the State Attorney's Office that their
pretrial Intervention program would be an appropriate resolution to the
case. Once the client completes the three month program, the charge will
officially be dropped. The client will then be eligible for a record expungement.
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2012 MM 5778
- Misdemeanor
Mr. Miller's client was arrested for Domestic Battery. To make matters
worse, the alleged victim petitioned the Circuit Court to grant him a
permanent restraining order. Mr. Miller attended a court hearing along
with his client. The Court denied granting the alleged victim's restraining
order request, and the criminal charge was dropped soon after. Mr. Miller
is currently in the process of expunging this matter from his client's record.
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2012 MM 6033
- Misdemeanor
Mr. Miller's client was arrested for Retail Theft for stealing merchandise
from the local Wal-Mart. The client had no criminal history and was truly
guilty of making a stupid mistake. Mr. Miller approached the State Attorney's
Office and requested the pretrial intervention program for his client.
The client was accepted into the program. Once completed, the charge will
be dropped.
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2012 MM 761
- Misdemeanor
Domestic Battery charge dropped against Mr. Miller's client. Mr. Miller
was retained to defend his client arrested for Domestic Battery. Mr. Miller
immediately contacted the alleged victim in the case to determine his
version of the facts. Mr. Miller also contacted the assigned prosecutor
to discuss information lacking in the police reports. The charge ws dropped
before the client's arraignment date, therefore a court appearance
by the client was not necessary.
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2012 MM 874
- Misdemeanor
Charge of Violating a Domestic Injunction dropped against Mr. Miller's
client. The client was going through a contested divorce, and the spouse
alleged Mr. Miller's client violated a Circuit Court Judge's Order
from an earlier Court Hearing. Mr. Miller immediately filed a "Not
Guilty" plea on behalf of his client, gathered all the police reports
prepared by the arresting officer, and began preparing a vigorous defense.
By the time the client's scheduled arraignment date came, the prosecutor
declined to file any formal charge against Mr. Miller's client. No
court appearance was necessary.
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2012 MM 9759
- Misdemeanor
Domestic Battery charges declined by the State Attorney's Office against
Mr. Miller's client. The client was arrested for Domestic Battery
by the Sarasota Sheriff's Office. Mr.Miller was retained, filed a
'Not Guilty" plea on behalf of his client, and demanded the case
be tried before a jury. As the case was pending and Mr. Miller prepared
the case for trial, the prosecutor determined the case should be declined
without further action. The client is now in the process of a record expungement.
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2012 TR 43385
- Misdemeanor
Mr. Miller was contacted and retained after the client, a truck driver,
payed a DWLS ticket that triggered DHSMV to suspend his license for five
years under the Habitual Traffic Offender statute. Mr. Miller prepared
a formal letter to the judge along with a proposed Order to change the
effect of the citation. The judge signed the Order without the need for
a hearing. The Department of Motor Vehicles changed the status from a
five year suspension to a driver's license in good standing within
two weeks of Miller being retained.
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2013 CF 11094
- Felonies
Aggravated Assault with a Firearm charge carrying a mandatory prison sentence
dropped against Mr. Miller's client. Mr. Miller's client was accused
of pointing a gun at another individual. The client vehemently denied
the accusation, so Mr. Miller filed a "Not Guilty" plea on his
client's behalf and asked the Court to set the case for trial. As
the case was pending, Mr. Miller presented an eye witness and other relevant
information to the prosecutor for consideration as to whether they should
proceed against his client. Ultimately, it was decided the accuser's
credibility was non-existent and Mr. Miller's witnesses were strong
enough to disprove the allegation. The prosecutor quickly dropped the
entire case.
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2013 CF 11152
- Felonies
Mr. Miller's client originally had another defense attorney representing
her. The previous attorney had the case for months and told the client
she would have to plead to a felony as charged by Information and the
offer to resolve the case was a lengthy prison sentence. Mr. Miller took
over the case and quickly determined that the way to handle the matter
was to simply appear in court with his client and leave the case on for
trial, something the previous attorney was unwilling to do. Just before
jury selection, the prosecutor offered a simple misdemeanor. The plea
in its entirety included a one day anger management course and court costs.
The client happily accepted that resolution.
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2013 CF 11196
- Felonies
Mr. Miller's client was arrested and charged with Possession of a Controlled
Substance. As part of the arrest, the Sarasota Sheriff's Office initiated
forfeiture proceedings to take ownership of the client's new Subaru
Forrester. Mr. Miller immediately filed a request for a formal hearing
to have the client's vehicle returned. A day before the hearing, Mr.
Miller and the attorney representing the Sheriff's Office reached
an agreement that allowed the client to have his vehicle returned to him.
Mr. Miller also negotiated a disposition with the prosecutor that allowed
the client to enter into a deferred prosecution program. As soon as the
program is completed, the felony charge will be dropped against Mr. Miller's
client and he will be eligible to have his record expunged.
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2013 CF 11594
- Felonies
Trafficking an Illegal Narcotics substantially reduced allowing Mr. Miller's
client to avoid any type of incarceration. Mr. Miller contended the defendant
was overcharged by law enforcement and was culpable of a much less serious
felony. Ultimately, the prosecutor agreed and reduced the charge to Passing
a Fraudulent Prescription. The client received probation without prison
or county jail. The client is also eligible to have the probation terminated
early if all goes well.
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2013 CF 12038
- Felonies
Mr. Miller was retained in May of 2016 to handle this case on behalf of
his client. Mr. Miller’s client was charged by Information with
Trafficking in Narcotics, a serious charge that would carry a long mandatory
day for day prison sentence without gain time. A warrant for Mr. Miller’s
client had been active since 2013 and the client had since moved out of
the state of Florida. Mr. Miller negotiated a reasonable bond with the
prosecutor, and had a bondsman ready to post the bond immediately. Mr.
Miller took his client to the Sarasota County Jail to voluntarily turn
himself in, and the client was released the next day. Mr. Miller defended
the case and negotiated a reduction in the charge from Trafficking to
Simple Possession of a Controlled Substance. The client was given probation,
avoided a conviction, and travelled back home to be with his wife and children.
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2013 CF 1222
- Felonies
False Imprisonment and Domestic Battery charges dropped against Mr. Miller's
client. Mr. Miller was retained to defend his client after the client
was arrested and booked into the county jail. Mr. Miller immediately prepared
a "Not Guilty" plea on behalf of his client and requested the
Court set the matter for trial. After the State Attorney's Office
dropped all charges, Mr. Miller filed a motion with the Court ordering
the Sheriff's Office to return all of the client's property confiscated
during the arrest. The Court granted the motion.
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2013 CF 1236
- Felonies
Drug Trafficking case reduced for Mr. Miller's client. Mr. Miller's
client had a previous drug arrest a few years ago and was now arrested
a second time. The original offer made to the client was twenty-five years
in prison because of the prior record and weight and amount of the drugs.
Mr. Miller set and conducted depositions while continuing to negotiate
with the prosecutor. Just as the case was set for jury selection, the
prosecutor agreed to reduce to charge to Presenting a Fraudulent Prescription,
a third degree felony, allowing the client to receive probation without
doing any jail time.
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2013 CF 1236
- Felonies
Mr. Miller was retained to defend his client charged with Drug Trafficking.
At a pretrial conference, the prosecutor offered the defendant 25 years
in prison in return for a plea. Mr. Miller prepared and reviewed the discovery
materials as well as conducted depositions. Mr. Miller again appeared
with his client at a second pretrial conference and set the case for trial.
A few days before jury selection, the prosecutor offered a reduction to
the charge. The client received probation and community service hours
as the sentence with no incarceration whatsoever.
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2013 CF 1248
- Felonies
Felony charges of False Imprisonment and Domestic Battery by Strangulation
dropped against Mr. Miller's client. The client retained Mr. Miller
to defend him after he was arrested for two serious felonies. Mr. Miller
filed a "Not Guilty" plea on behalf of his client and demanded
a jury trial. As the case progressed, the prosecutor concluded that the
state attorney's office should drop the case in its entirety against
Mr. Miller's client.
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2013 CF 14588
- Felonies
Mr. Miller's client, a licensed nurse for over thirty years, was arrested
and charged by Information with stealing a patient's medication. Her
license and liberty were both at stake. Mr. Miller set the case for trial
on the next scheduled trial docket, and took the deposition on the police
investigator as well as the accuser. Mr. Miller appeared in with his client
for trial. Just before jury selection the prosecutor announced on the
record the charge was dropped. The client is in the process of reinstating
her license to full privileges.
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2013 CF 16619
- Felonies
Felony Battery charged dropped against Mr. Miller's client. Mr. Miller's
client, an elderly man, was arrested by police for battering another elderly
person over the age of sixth-five. Mr. Miller presented evidence early
on in the case raising self-defense and reasonable doubt issues. The state
attorney's office declined to file formal charges.
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2013 CF 17017
- Felonies
Mr. Miller's client was arrested for multiple counts of Trafficking
in a Controlled Substance. Because the bond was initially set at $320,000,
Mr. Miller immediately scheduled a bond hearing within days in being retained.
The bond was reduced to "Supervised Release" and the client
was released from jail without having to spend any money. The prosecutor's
offer to resolve the case had always remained five years in the Department
of Corrections. Mr. Miller conducted depositions, vigorously defended
the case, and announced to the Court that he was ready for trial. A week
before the trial date, the prosecutor reduced all trafficking charges.
The client was sentenced to house arrest followed by regular probation,
and avoided any jail sentence whatsoever.
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2013 CF 2854
- Felonies
Grand Theft charge dropped against Mr. Miller's client. The client
was arrested after a nightclub owner alleged Mr. Miller's client bought
approximately $500 worth of drinks for his friends during the course of
the evening with the intent to not pay the tab. The client presented a
credit card that was ultimately declined, so the bar owner called the
police. Mr. Miller contacted the assigned prosecutor and explained that
although the credit card did not work, it was not the intent of the client
to skip out on the bill and commit a crime. Mr. Miller convinced the prosecutor
to hold off filing formal charges, thereby giving the client enough time
to return to the nightclub and pay the bill. Mr. Miller presented a "paid
in full" receipt to the prosecutor. The prosecutor decided not to
pursue criminal charges.
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2013 CF 3207
- Felonies
1st Degree Felony Drug Trafficking charge requiring long time day for day
prison sentence reduced to third degree felony charge, allowing Mr. Miller's
client to received straight probation without any incarceration. Mr. Miller's
client was originally arrested and charged by Information with Drug Trafficking.
Because the bond was too high for the client to bond out, Mr. Miller immediately
requested a hearing before the Court to release his client from jail.
After the client was released, Mr. Miller began to prepare a defense to
present to a jury. After Mr. Miller announced to the Court that he was
ready and set to try the case, the prosecutor contacted Mr. Miller and
offered to reduce the charge to something much more appropriate and in
line with the facts of the case. The client is home, working and back
with her family.
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2013 CF 3212
- Felonies
Mr. Miller's client is related to another client in case 2013 CF 3207.
Because the facts were identical and a conflict of interest did not exist,
Mr. Miller agreed to represent his client and help her avoid prison. 1st
Degree Felony Drug Trafficking charge requiring long time day for day
prison sentence reduced to third degree felony charge, allowing Mr. Miller's
client to received straight probation without any incarceration. Just
like the other case, Mr. Miller's client was originally arrested and
charged by Information with Drug Trafficking. Because the bond was too
high for the client to bond out, Mr. Miller immediately requested a hearing
before the Court to release his client from jail. After the client was
released, Mr. Miller began to prepare a defense to present to a jury.
After Mr. Miller announced to the Court that he was ready and set to try
the case, the prosecutor contacted Mr. Miller and offered to reduce the
charge to something much more appropriate and in line with the facts of
the case. The client is home, working and back with her family.
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2013 CF 3343
- Felonies
Mr. Miller's client was arrested and charged by Information with two
counts of Dealing in Stolen Property, second degree felonies. Mr. Miller
would not waive his client's right to a speedy trial and appeared
with his client for trial. The prosecutor dropped one count altogether
and reduced the second count to Grand Theft. The client was sentenced
to perform some community service hours.
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2013 CF 3605
- Felonies
Resisting Arrest with Violence and Battery charges completely dropped against
Mr. Miller's client. A police officer alleged the defendant used physical
violence against the officer to avoid arrest. Mr. Miller raised serious
questions regarding issues in the police report and provided an eye witness
on the defendant's behalf. No charges were ever filed against the client.
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2013 CF 4032
- Felonies
Mr. Miller's client was arrested and charged by Information with Battery
on a Law Enforcement Officer. It is the State Attorney's Office's
usual course of action to proceed through the court system once charges
are officially filed. Mr. Miller negotiated a disposition that allowed
the client to enter into a diversionary program removing it from the court
system. Once Mr. Miller's client performs some community service and
completes a short anger management course, the charge will be dropped
making the client eligible to expunge his record and have this charge
removed entirely.
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2013 CF 4038
- Felonies
Domestic Battery by Strangulation, a third degree felony charge, dropped
against Mr. Miller's client. The client was in a relationship with
a lady that went from bad to worse. The girlfriend alleged Mr. Miller's
client strangled her. Mr. Miller defended his client and argued the prosecutor
had witness credibility problems with the case. Mr. Miller prepared the
case for trial, but the prosecutor decided not to go forward with the case.
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2013 CF 4480
- Felonies
Mr. Miller's client was charged by Information with Possession of Cocaine,
a third degree felony. After Mr. Miller reviewed all the police reports
and investigated the case, it was determined the client never actually
took possession of any illegal substance. Mr. Miller negotiated a reduction
in the case to a misdemeanor and the client avoided a conviction. The
avoidance of a conviction was extremely important because it allowed the
client to keep his driver's license in good standing.
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2013 CF 552
- Felonies
Mr. Miller's client was charged by Information with Possession of a
Firearm by a Convicted Felon. The plea offer on the case was a mandatory
day for day three year prison term. Mr. Miller scheduled depositions and
vigorously defended his client. As the case drew closer to trial, the
prosecutor agreed to reduce the charge and the client pled to a lesser
offence. Mr. Miller negotiated a plea for his client that avoided any
incarceration whatsoever. The client received probation and community
service hours as his sentence.
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2013 CF 9037
- Felonies
Multiple counts of trafficking in drugs requiring mandatory prison sentence
reduced allowing the client to receive probation and completely avoid
jail. Mr. Miller set depositions of law enforcement officers in this case
and scheduling it for trial. As the trial preparation was in process,
the prosecutor contacted Mr. Miller and offered to resolve the case without
the need for trial. Mr. Miller's client is home with his family.
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2013 CF 9304
- Felonies
Mr. Miller's client was arrested and charged with Dealing in Stolen
Property and Grand Theft, both felonies. Mr. Miller immediately contacted
the state attorney's office and requested his client be screened for
the Pretrial Intervention Program offered to defendants with no criminal
history. The client was accepted into the program. As part of Mr. Miller's
promise to his client, he will expunge the entire incident from his client's
record once the program is completed.
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2013 CT 3657
- Misdemeanor
Mr. Miller was retained to represent his client charged with Driving on
a DUI License Suspension. The client originally attempted to handle the
matter himself, and quickly learned the prosecutor's offer to resolve
the case included thirty days in the county jail. After Mr. Miller took
the case over and eventually appeared in Court with his client, the matter
was resolved with a small monetary fine.
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2013 CT 779
- Misdemeanor
DUI Causing Personal Injury charge dropped against Mr. Miller's client.
Defense lawyer Scott Miller was retained to defend his client charged
with DUI and causing injury to people in another vehicle. Mr. Miller succussfully
argued to the state attorney's office errors made by the investigating
police officer, along with evidence that would be ruled inadmissable against
his client should this case go to a jury trial. The assigned prosecutor
declined to move forward and announced in open court the charge was dropped.
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2013 MM 11472
- Misdemeanor
Mr. Miller was retained by his client to defend her regarding Domestic
Battery and Resisting Arrest charges. The client had a previous attorney
but was dissatisfied because nothing was being accomplished. Once Mr.
Miller was retained, he filed a "not guilty" plea, demand for
a jury trial, and contacted the prosecutor to discuss the merits of the
case. Within a week of being retained, all criminal charges were dropped
by the State Attorney's Office.
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2013 MM 1252
- Misdemeanor
Domestic Battery dropped by State Attorney's Office against Defense
Lawyer Scott Miller's client. Once Mr. Miller was retained, he immdiately
filed a motion to delete a "No Contact" Order originally put
into effect by the judge when the client was arrested. The Court granted
the motion. Mr. Miller also pled his client "Not Guilty" and
requested the Court set the matter for a jury trial. Although the client
had a history of Domestic Battery arrests, the day before the client's
arraignment the prosecutor announced the she would not move forward with the case.
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2013 MM 14
- Misdemeanor
Battery Charge dropped against Mr. Miller's client. The client was
arrested for battery after having an altercation with a neighbor. Defense
lawyer Scott Miller filed a "Not Guilty" plea on behalf of his
client. The morning of the client's court date, the prosecutor filed
the necessary paperwork indicating the charge has been dropped. The client
is now free to have this matter expunged from his record.
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2013 MM 1418
- Misdemeanor
Battery and Trespassing charges dropped against Mr. Miller's client.
Mr. Miller's client traveled from Tennessee to Bradenton to visit
with extended friends and family. Unfortunately, the client became involved
in a heated argument. Although the client left the area and went back
to the hotel, police officers responded to the hotel and made an arrest.
Once Mr. Miller was retained, he filed a "Not Guilty" plea on
behalf of his client and demanded a jury trial. Mr. Miller contacted the
State Attorney's Office and made available additional facts not originally
in the police report. Finally, the prosecutor concluded that prosecuting
the case would be not successful and dropped the case.
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2013 MM 17981
- Misdemeanor
Jury acquits Mr. Miller's client after deliberation, finding him Not
Guilty. Mr. Miller's client was arrested and charged by Information
with Soliciting Another to Commit Prostitution. In the case, a female
undercover police officer alleged the defendant offered money in exchange
for sex. Mr. Miller cross examined the police officer after the prosecutor
presented to the jury a DVD of the entire interaction between the police
officer and Mr. Miller's client. The jury returned a Not Guilty verdict
after deliberating approximately thirty minutes. Mr. Miller expunged his
client's record to eliminate any further embarrassed his client suffered.
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2013 MM 1896
- Misdemeanor
Domestic Battery charges dropped against Mr. Miller's client. The client
was wrongfully arrested by law enforcement after being involved in a physical
confrontation with his step-son. Mr. Miller presented additional evidence
to the prosecutor not included in the initial police reports. This information
included information the step-son was on probation for possession of drugs
from another county, that he was in violation of that probation, and a
witness was present that would confirm the step-son was the aggressor.
Now that charges are dropped, Mr. Miller is having his client's arrest
record expunged.
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2013 MM 256
- Misdemeanor
The defendant was arrested for Domestic Battery. Mr. Miller attended the
first appearance on behalf of his client and managed to get him released
from jail. The alleged victim was so vindictive that she called the police
and alleged the defendant violated a "No Contact" condition
of the release from jail. Based on that representation, a police officer
rearrested the defendant. Mr. Miller attended another first appearance
and the defendant was released from jail again. Although Mr. Miller was
able to convince the prosecutor the Domestic Battery charge should be
declined, the prosecutor pursued a Contempt of Court charge for violating
the Judge's Order. Mr. Miller attended all the following mandatory
court dates and ultimately appeared with his client to try the case. Just
before jury selection, the prosecutor dropped that charge as well.
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2013 MM 2595
- Misdemeanor
Defense attorney Scott Miller was hired to defend his client arrested for
battery regarding an altercation that occurred in a bar. Mr. Miller immediately
filed a "Not Guilty" plea on behalf of his client and contacted
the assigned prosecutor. Mr. Miller provided the prosecutor with information
not included in the police report, along with legal documentation demonstrating
the accusor was not credible. The morning of the client's scheduled
arraignment, the state attorney's office announced on the record that
they were not going forward and dropped the charge. Mr. Miller's client
never had to make a court appearance.
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2013 MM 262
- Misdemeanor
Battery charge dropped against Mr. Miller's client. The client was
at a night club enjoying the evening. An altercation occurred between
the client and another male outside the club. The police arrived and arrested
Mr. Miller's client after only speaking with the other man and the
man's girlfriend. Mr. Miller filed a "Not Guilty" plea on
behalf and demanded a jury trial. Attorney Miller also began collecting
names and addresses of witnesses the police did not interview. The prosecutor
ultimately concluded to drop the charge against Mr. Miller's client.
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2013 MM 2723
- Misdemeanor
Domestic Battery charges dropped against Mr. Miller's client. The client
contacted Mr. Miller and requested representation because she was arrested
for Battery. Mr. Miller reviewed the police report with his client and
could not believe a police officer would make an arrest based on these
circumstances. Mr. Miller filled a Not Guilty plea on behalf of his client
and requested a trial date be scheduled. The prosecutor dropped the charge.
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2013 MM 291
- Misdemeanor
Mr. Miller's client was arrested for Domestic Battery. To make matters
more complicated, the client was on felony probation at the time, causing
the judge to issue a warrant for violation of probation. The arrest warrant
called for a "No Bond" status, meaning the client would remain
in jail. Mr. Miller immediately began defending his client by filing the
appropriate pleadings and speaking with the witness involved in the case.
The morning of the client's arraignment, the charge was dropped by
the state attorney's office. The Violation of Probation arrest warrant
will be dismissed and the client will not need to worry about being arrested again.
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2013 MM 3205
- Misdemeanor
Mr. Miller's client was arrested and charged by Information with Resisting
Arrest and Domestic Battery. The client was very afraid to go to trial
and wanted to accept the prosecutor's offer of probation including
a Court ordered condition that he complete a twenty-nine week Certified
Domestic Batterer's Program. Mr. Miller advised his client to let
him prepare the case for trial and let a jury decide the matter. The client
agreed. The prosecutor dropped all charges just a couple of weeks before
the trial was scheduled.
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2013 MM 5211
- Misdemeanor
Battery charge dropped against Mr. Miller's client. Mr. Miller filed
a Notice of Appearance and Not Guilty plea immediately after being retained.
Before the arraignment date was to happen, the charge was officially dropped.
-
2013 MM 5393
- Misdemeanor
Mr. Miller war retained to represent his client arrested for Domestic Battery.
Mr. Miller filed a Notice of Appearance and Demand for a Jury Trial. Mr.
Miller advised his client the evidence was so weak against him that he
was sure the charge would be declined. Within a week of Mr. Miller expressing
that opinion, the prosecutor dropped the charge. Mr. Miller is expunging
his client's record.
-
2013 MM 5406
- Misdemeanor
Domestic Battery charge dropped against Mr. Miller's client. Once Mr.
Miller was retained, he contacted defense witnesses and began defending
his client. The prosecutor determined the charge could not be proven beyond
a reasonable doubt.
-
2013 MM 5455
- Misdemeanor
Mr. Miller was retained primarily to do damage control after his client
was arrested for retail theft. Mr. Miller contacted the state attorney's
office and had her screened for pretrial intervention, an alternative
to prosecution. The client was accepted into the diversionary program
and will be eligible to expunge her record within a couple of months.
Mr. Miller will do that for his client as well.
-
2013 MM 554
- Misdemeanor
Charge dropped against Mr. Miller's client. Defense lawyer Scott Miller's
was retained to represent his client arrested for Filing a False Police
Report. Mr. Miller reviewed the probable cause affidavit prepared by the
arresting officer and determined the evidence was insufficiant prove a
criminal charge. Mr. Miller filed a "Not Guilty" plea on behalf
of his client and requested a jury trial. The prosecutor assigned to the
case agreed with Mr. Miller's assessment and dropped the charge. The
client is now in the process of a record expungement.
-
2013 MM 6162
- Misdemeanor
Mr. Miller was retained to defend his client charged by Information with
Soliciting Another to Commit Prostitution. Two police officers confronted
the client with a female in his vehicle, and the client made a full confession
that he paid the female for a sexual act. Even though these were the facts,
Mr. Miller felt he could successfully defend the case based on a principle
of law called the "Corpus Delicti Rule." On the morning of trial,
the prosecutor finally acknowledged the difficulty with the case and dropped
the charge. Mr. Miller expunged his client's record.
-
2013 MM 6163
- Misdemeanor
Mr. Miller was retained to represent his client charged with Domestic Battery
after getting into a fight with his step-father. The step-father was more
interested in getting his step-son much needed drug treatment more than
pressing criminal charges. Mr. Miller explained the process to the family
and how to get the matter resolved quickly. Mr. Miller facilitated a disposition
where all parties were satisfied with the outcome. The client's battery
charged was completely dropped and he is currently receiving counseling
for drug abuse.
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2013 MM 6577
- Misdemeanor
Mr. Miller's client was arrested for Domestic Battery. Mr. Miller determined
it was in his client's best interest to file a "Demand for Speedy
Trial." The Court set the case for trial within two weeks of the
demand being filed. Three days before Mr. Miller was to appear with his
client to try the criminal case, the State Attorney's Office dropped the case.
-
2013 TR 34511
- Misdemeanor
Mr. Miller's client found "Not Guilty" after trial. Mr. Miller's
client was accused of negligent driving and causing the death of another
motorist on a motorcycle. Mr. Miller presented and cross examined multiple
witnesses. After all the testimony was presented, the Court ruled the
state's case was not proven beyond a reasonable doubt.
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2014 CF 106
- Felonies
Cultivation of Marijuana charge, a third degree felony, dropped against
Mr. Miller's client. The case grew into a hard fought case between
Mr. Miller and the prosecutor. The central issue in the case was an admission
/ confession given by the client to law enforcement that led to the arrest.
Mr. Miller contended the admission / confession was not admissible and
the case could not be proven beyond a reasonable doubt. On the morning
of jury selection Mr. Miller appeared in court with his client prepared
to try the case. Minutes before the prospective jury was to enter the
courtroom, the prosecutor dropped the charge.
-
2014 CF 10759
- Felonies
Mr. Miller was retained to represent his client charged with Improper Use
of a Laser by pointing it at a helicopter, a felony. The client was also
in fugitive status with an active arrest warrant. Mr. Miller immediately
began working on the case by contacting the prosecutor and scheduling
a court date to set aside the warrant. After plea negotiations, the judge
dismissed the warrant and Mr. Miller's client entered into the diversionary
program allowing a dismissal of the charge after the program is successfully
completed. Once that is done, Mr. Miller will expunge his client's record.
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2014 CF 13740
- Felonies
Mr. Miller was retained to defend his client charged by Information with
Felony Possession of Marijuana. Before Mr. Miller was hired, the client
spoke with other attorneys who advised a diversionary program will not
be offered by the prosecutor on this particular type of charge. Mr. Miller
advised that a diversionary program was the perfect and appropriate resolution
based on the facts and circumstances of this case. Ultimately, the prosecutor
offered the diversionary program to Mr. Miller's client. Mr. Miller
also facilitated the case being transferred to Tallahassee so the client
can continue classes at FSU, and not have to drop out of college for a
semester. Once the program is completed, Mr. Miller will finish the case
by expunging his client's record.
-
2014 CF 16955
- Felonies
This case was in the Sarasota County newspapers. Mr. Miller's client,
a licensed nurse, was arrested and charged by Information with Sexual
Battery on a Patient. The client was facing spending the rest of his life
in prison. Mr. Miller believed the prosecutor's case to be weak, and
that a jury would not be convinced beyond a reasonable doubt that the
client was guilty of a crime. Mr. Miller aggressively defended his client
by conducting long in depth depositions, filing multiple motions, and
preparing this case for trial over the course of a year. Although Mr.
Miller fully expected this case to be tried, on the eve of trial the prosecutor
emailed Mr. Miller and offered the client a probationary sentence. No
plea offer had ever been made in over one years time. The original offer
by the State Attorney's Office was still not acceptable, so Mr. Miller
continued plea negotiations. The client ultimately agreed to one count
of Felony Battery, avoiding being labeled a sexual offender or sexual
predator. He also avoided a felony conviction of any kind. He agreed to
probation with early termination after completing some agreed upon conditions.
-
2014 CF 19165
- Felonies
Mr. Miller was retained to defend his client charged with multiple counts
of Grand Theft. This case had to do with stealing computer components
out of computers recently purchased from department stores, then returning
them for a refund with the components missing. Mr. Miller negotiated a
disposition that would allow his client to ultimately have the charges
dropped against him. The client entered into a diversionary program. Once
the program is completed, the client is eligible to expunge his record.
-
2014 CF 2443
- Felonies
Mr. Miller was retained to represent his client charged with Aggravated
Battery with a Deadly Weapon. The prosecutor filed an Information and
offered Mr. Miller's client four years in prison to resolve the case.
Mr. Miller filed a "Not Guilty" plea on behalf of his client
and set the case for trial without waiving the client's right to a
speedy trial. Mr. Miller quickly scheduled depositions and prepared the
case for trial. One week before trial, Mr. Miller resolved the case. The
client pled to simple battery, avoided any type of conviction whatsoever,
and completed a one day anger management course. That was the entire sentence.
-
2014 CF 3035
- Felonies
Mr. Miller’s client was arrested and charged by Information with
DUI Causing Serious Bodily Injury. The facts of this case included driving
on the wrong side of the Skyway Bridge causing a head on collision. The
prosecutor always maintained the client should receive a prison sentence,
and he asked the Judge to do just that. Mr. Miller chose to resolve this
matter with a sentencing hearing, presenting compelling witness testimony
and information that would convince the Judge to sentence Mr. Miller’s
client to probation. After a long gut wrenching hearing, the Judge decided
to place Mr. Miller’s client on probation without any incarceration
whatsoever.
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2014 CF 311
- Felonies
Felony Child Abuse charge dropped against Mr. Miller's client. The
client was charged by Information with Child Abuse after he was accused
of inappropriately touching his step-daughter. The charge was filed over
five months after the client's arrest. Mr. Miller asked the prosecutor
why it took so long to make a filing decision. The prosecutor told Mr.
Miller she filed the charge based on an alleged confession the client
made during a police controlled telephone call. Mr. Miller immediately
obtained the telephone recording and determined the prosecutor was not
only exaggerating the client's confession, but the client can be heard
denying the allegation multiple times throughout the conversation. Mr.
Miller immediately filed an expiration of speedy trial notice and appeared
with his client in front if the circuit judge to have a trial begin within
fifteen days. As Mr. Miller and his client were standing before the Court
to schedule a trial date, the prosecutor announced a dismissal of the
charge against Mr. Miller's client. The next day Mr. Miller prepared
the necessary paperwork to expunge his client's record.
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2014 CF 4721
- Felonies
The client was arrested for grand theft for stealing from an employer.
He cooperated with law enforcement and confessed to the crime. Mr. Miller
immediately contacted the state attorney's office and had his client
screened for the PTI program. He was accepted and went into the program.
Once completed, the charge is dropped and Mr. Miller will expunge his
client's record.
-
2014 CF 6446
- Felonies
Battery on a Person Over the Age of Sixty-Five charge, a third degree felony,
dropped against Mr. Miller's client. The client, a bicycle enthusiast,
was arrested for hitting a driver that ran him off the road. The client
was bicycling with friends enjoying the day when an elderly driver in
a corvette (with a license plate the read "roar by you") made
contact with him knocking him over and damaging the bicycle. The client
reached into the corvette attempting to remove the keys so the driver
could not get away. Another bicyclist called the police. The corvette
driver told the police officer the client hit him, and the officer effected
an arrest of Mr. Miller's client. Nobody at the scene could believe
it. Since the police officer neglected to collect the names, addresses,
and telephone numbers of the witnesses, Mr. Miller did the police officer's
job and provided them to the state attorney's office. The prosecutor
decided not to pursue formal a formal charge. Mr. Miller is expunging
his client's record.
-
2014 CF 7806
- Felonies
Kidnapping and Battery charges dropped against Mr. Miller's client.
The defendant retained Mr. Miller after being arrested. An immediate plea
of Not Guilty and a demand for a jury trial was filed on the client's
behalf. After Mr. Miller provided additional information and witnesses
to the prosecutor, all charges were dropped. The client is now having
the criminal record expunged.
-
2014 CF 8484
- Felonies
False Imprisonment and Aggravated Battery charge dropped against Mr. Miller's
client. The defendant was accused of holding an individual down, beating
him, and causing that person to suffer an occipital bone fracture. The
defendant remained in the jail on a $75,000 bond as a result of a fairly
lengthy criminal history. Mr. Miller investigated the case and presented
evidence suggesting self-defense. The prosecutor ultimately concluded
the case could not be proven beyond a reasonable doubt, and dropped the
charge. The defendant was released from jail.
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2014 CT 1440
- Misdemeanor
Mr. Miller was retained to defend his client charged with Reckless Driving
by attempting to avoid a sheriff's deputy. The client maintained that
she was not guilty and the deputy's allegations were unfounded. Mr.
Miller appeared with his client in Court to answer the allegation. Within
a couple of weeks of trial, the prosecutor chose to completely drop the charge.
-
2014 CT 2188
- Misdemeanor
Mr. Miller's client was originally arrested for Felony Driving on a
Suspended License as the result of having too many prior offenses on his
record. After some discussions with the prosecutor, the charge was changed
to a misdemeanor. Mr. Miller continued working on the case because even
if the client was found guilty of the misdemeanor, it would trigger a
five year suspension by DHSMV and label the client a Habitual Traffic
Offender. After defending the case and reaching a resolution with the
prosecutor, the charge was reduced further to No Valid Driver's License.
This allowed the client to maintain a valid Florida Driver's license
without any suspension. The client's sentence was to pay court costs
and nothing further.
-
2014 CT 22982 and 2011 CT 22685
- Misdemeanor
Mr. Miller was retained to resolve multiple criminal traffic matters for
his client. When Mr. Miller was hired, the client had an outstanding warrant
out of Palm Beach County and a new pending case in Sarasota County. Mr.
Miller contacted the DHSMV to find out exactly what was causing his client's
license to be suspended and labeling him a habitual traffic offender.
Mr. Miller helped his client obtain a new valid Florida Driver's License.
With that ammunition and although it took some time, Mr. Miller was able
to convince the West Palm Beach judge to set aside the warrant and convince
the prosecutor to drop the traffic charge. The Sarasota prosecutor reduced
the charge and the client paid a few hundred dollars in court costs. Now
the client has a driver's license he thought he'd never obtain,
and he doesn't have to worry about being pulled over and arrested
every time he drives his car.
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2014 CT 247
- Misdemeanor
DUI charge reduced to Reckless Driving. Mr. Miller's client was arrested
and charged by Information with driving under the influence of alcohol.
The police officer alleged the defendant could not maintain a single line
and had the oder of alcohol about his person. Mr. Miller prepared the
case for trial because inconsistencies in the police reports along with
his client's medical history would raise reasonable doubt. Mr. Miller
felt the jury would agree with the defense if the case was tried. Just
before trial, the prosecutor reduced the charge. The reduction allowed
the client to maintain his driver's license and receive a very short
term of probation that would end in a few months.
-
2014 CT 252
- Misdemeanor
This case involved a client arrested for DUI. The evidence included a confession
by the defendant that he had been drinking, poor performance of the field
sobriety exercises, and a poor driving pattern. To make matters worse,
all this incriminating evidence was captured on a video recording from
the patrol car. After Mr. Miller received and viewed the recording, he
determined the police officer violated his client's constitutional
right not to incriminate himself. Mr. Miller filed a motion to suppress
most of the evidence in the arrest that flowed from the violation. The
judge agreed and granted the motion to suppress evidence. The charge was
reduced and the client paid a fine. Mr. Miller's client did not receive
any probation and the judge did not suspend the defendant's driver's license.
-
2014 CT 4688
- Misdemeanor
Mr. Miller was retained in the middle of 2016 to represent his client charged
with Driving on a Suspended License. The case was old because the client
ignored court and an active arrest warrant was still in the system. The
client learned the police were actively searching for her. Mr. Miller
immediately filed a motion to set aside the warrant. By the time Mr. Miller
brought his client to Court, Mr. Miller negotiated a plea agreement to
a small fine and court costs. The matter was resolved within a few weeks
of being retained.
-
2014 MM 1270
- Misdemeanor
Mr. Miller's client was arrested for Retail Theft. She was originally
rejected from a diversionary program because of some very old past criminal
history. Mr. Miller was retained and contacted the state attorney's
office requesting reconsideration of the pretrial intervention program.
After some negotiating, the prosecutor did in fact offer PTI to the client
and she quickly accepted. Ultimately, the charge was completely dropped
once the program was completed.
-
2014 MM 15
- Misdemeanor
Mr. Miller's client lives in the Midwest and was vacationing with his
family in Sarasota. Unfortunately, an argument occurred between the defendant
and his wife. The police were called and the client was arrested. Because
there were multiple witnesses in the case that needed to be interviewed,
the state attorney's decision whether to file a charge took quite
a while. Mr. Miller helped provide important information that led to the
charge being declined. The client is a business owner and his reputation
means everything to him. Mr. Miller immediately prepared the documents
to have the client's record expunged.
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2014 MM 17945
- Misdemeanor
Domestic Battery charge dropped against Mr. Miller's client. Mr. Miller
defended his client after the client was arrested by a Venice Police Department
Police Officer. The client was accused of chasing the alleged victim in
his car and running her off the road, then physically forcing her out
of her car and into his own car. An independent objective driver saw the
alleged incident and gave the police officer a written affidavit stating
his observations. Mr. Miller presented evidence supporting his client's
position that he stopped the alleged victim because she was drinking and
could not safely drive her car. The prosecutor determined that a criminal
charge should not be filed against Mr. Miller's client.
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2014 MM 18355
- Misdemeanor
Mr. Miller was retained to represent his client charged with Battery. Mr.
Miller's client had a criminal history including prior batteries,
and the prosecutor's offer to resolve this case was eleven months
and twenty nine days in the county jail. Mr. Miller filed a motion to
take the witnesses depositions, and appeared multiple times in Court to
resolve important legal issues. Ultimately, Mr. Miller resolved his client's
case with an agreed to sentence of probation and a small amount of community
service work. The client avoided county jail altogether.
-
2014 MM 18506
- Misdemeanor
Mr. Miller was hired to defend a lady arrested and charged by Information
with Domestic Battery. The incident occurred at a local popular restaurant
with independent objective witnesses that saw the incident. Mr. Miller
prepared a defense and announced to the trial judge he was ready to try
the case. A few days before jury selection, the prosecutor formally dropped the case.
-
2014 MM 18506
- Misdemeanor
Domestic Battery charge dropped against Mr. Miller's client within
two weeks after her arrest. The client was accused of slapping and punching
her boyfriend at a restaurant, causing the police to be called to the
establishment. A police officer determined a battery occurred so he effected
an arrest. Mr. Miller was retained by the alleged victim who absolutely
did not want to press charges. Mr. Miller immediately contacted the state
attorney's office and scheduled a meeting between the prosecutor and
the boyfriend. The boyfriend completed a waiver of prosecution and the
charge was dropped soon after.
-
2014 MM 22389
- Misdemeanor
Mr. Miller’s client was arrested pursuant to an outstanding warrant
for Battery. The case originated as an Aggravated Batter, a third degree
felony, because of certain factors that make the case more serious. Mr.
Miller was retained and he immediately filed a “Not Guilty”
plea on his client’s behalf. Mr. Miller set the case for trial and
appeared with his client in Court the morning of jury selection. Before
a jury was to be chosen, the State Attorney’s Office offered to
amend the Information from Battery to Disorderly Conduct, an even less
serious offense. After the Information was amended, the prosecutor than
offered to place the entire case into PTI. The condition was a $100 fine
and not to have contact with the accuser. Mr. Miller’s client agreed
to that disposition. Once the diversionary program is completed, Mr. Miller
will expunge his client’s record.
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2015 CF 0072
- Felonies
The Defendant was arrested and charged by Information with Attempted Robbery.
The Defendant was originally represented by another criminal lawyer for
approximately four months before Mr. Miller took over representation.
The previous lawyer told the Defendant that the prosecutor filed a "Notice
of Intent to Habitualize" meaning the sentence can be doubled and
the prosecutor was in fact seeking ten years in prison. Mr. Miller was
then retained and began researching specific issues relevant to this case
and his client's criminal background. Mr. Miller determined his client
could not be habitualized pursuant to the Florida criminal statute, and
the prosecutor reluctantly agreed after some discussion. Mr. Miller also
determined other areas of the case that he could capitalize on and eventually
appeared with his client for trial. During the trial week the prosecutor
finally concluded that the Attempted Robbery allegation could not be proven.
The Attempted Robbery charge was completely dropped. Mr. Miller walked
out of the courtroom with his client free and clear.
-
2015 CF 17434
- Felonies
Mr. Miller’s client, a prominent business man in the Sarasota community,
was arrested and charged by Information with Title Fraud. Title Fraud
is a Third Degree Felony in Florida, and the client was facing incarceration.
Not only was the client facing incarceration, but his business was in
jeopardy because a conviction for this type of charge would prevent banks
from loaning money to him for inventory. Mr. Miller invoked his client’s
right to a speedy trial and appeared with his client at all mandatory
court dates. As the case drew closer to trial, the prosecutor filed a
“Nolle Prosequi,” effectively dropping the case before jury
selection.
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2015 CF 17463
- Felonies
Experienced Criminal Defense Lawyer Scott Miller was hired to defend his
client charged by Information with Felony Aggravated Battery with a Deadly
Weapon. The client was potentially facing a prison sentence regarding
a road rage incident. The alleged victim claimed he was beaten up and
suffered severe injuries from a box cutter. Mr. Miller defended the case
and prepared a defense in preparation of presenting the case to a Sarasota
County Jury. As the case proceeded towards trial, the charge was reduced
to a simple misdemeanor battery and the client agreed to a few months
of probation and performing community service hours. The judge also withheld
adjudication and the client avoided a conviction of his record. This resolution
allowed the client to seal his record once probation terminated.
-
2015 CF 18485
- Felonies
Mr. Miller was retained to defend his client arrested for Trafficking in
Illegal Narcotics. After reviewing the facts, police reports, and discussing
the evidence with his client, Mr. Miller felt this case was defensible
and winnable at trial. During Mr. Miller’s representation, he kept
an open dialogue with the prosecutor. The case was resolved with an agreed
upon plea that included a very substantial reduction of the charge. The
client pled to Possession of a Controlled Substance Without a Valid Prescription.
The client was placed on probation, avoided a any felony conviction whatsoever,
and agreed to a drug evaluation and treatment.
-
2015 CF 18839
- Felonies
Mr. Miller was retained to represent his client after being arrested by
the Sarasota Police Department for two counts of Robbery with a Firearm.
The facts of this case suggest it was a narcotics transaction that went
bad between all the parties involved. Mr. Miller’s investigation
revealed very serious inconsistencies regarding the prosecutor’s
witnesses, so he planned to try the case before a Sarasota County Jury.
Once the prosecutor realized the case could not be proven beyond a reasonable
doubt, all charges were dropped by the State Attorney’s Office.
-
2015 CF 19504
- Felonies
Mr. Miller was retained to represent his client charged by Information
with Lewd and Lascivious Behavior on a Child Under the Age of Sixteen.
The client, a man in his early twenties, was facing prison. It was Miller’s
responsibility to conduct depositions and carefully review the evidence
against his client. Ultimately, Mr. Miller negotiated a plea that reduced
the charge to Felony Battery. This was extremely important because the
client avoided being labeled a Sexual Offender for the rest of his life.
The client also avoided a conviction on his record so he can seal this
unfortunate incident.
-
2015 CF 2727
- Felonies
Mr. Miller’s client was arrested for Felony Improper Exhibition of
a Dangerous Weapon or Firearm. Mr. Miller vigorously prepared a defense
to the case and interviewed witnesses as well as reviewed video surveillance
of the incident. Mr. Miller presented specific evidence to the State Attorney’s
Office and the matter was reduced to a misdemeanor. Once the case was
reduced to a misdemeanor, Mr. Miller had his client screened and approved
for the PTI diversionary program. Within approximately three months of
entering PTI (Pretrial Intervention), the entire case was dropped against
Mr. Miller’s client.
-
2015 CF 3257
- Felonies
Mr. Miller was retained to defend his client charged by Information with
Trafficking in Narcotics. The client initially had a previous defense
lawyer and the offer at that time was seven (7) years to Florida State
Prison. Mr. Miller took over the case and began preparing a defense. This
case was difficult because the arrest occurred on video by the arresting
officer and included a confession. There were other factors in this case
that Mr. Miller believed were useful in his defense and set the case for
trial. Minutes before the trial was to begin, the prosecutor offered to
reduce the charge to Simple Possession if the client was willing to serve
some county jail time. The client agreed and the client will be with his
daughter at her first birthday.
-
2015 CF 498
- Felonies
Mr. Miller's client was arrested and charged with Contracting to Perform
Work Without a license. This case involved a sting set up by the sheriff's
office to catch individuals performing contract work in homes without
being licensed to do the work. Mr. Miller negotiated a resolution allowing
the client to enter into a diversionary program. This would pave the way
to the charge being dropped and having the criminal record expunged.
-
2015 CF 499
- Felonies
This case is identical to the case above but involved a different client.
Miller's client was arrested and charged with Contracting to Perform
Work Without a license. This case involved a sting set up by the sheriff's
office to catch individuals performing contract work in homes without
being licensed to do the work. Mr. Miller negotiated a resolution allowing
the client to enter into a diversionary program. This would pave the way
to the charge being dropped and having the criminal record expunged.
-
2015 CF 6651
- Felonies
Mr. Miller’s client was arrested and charged by Information with
thirty-six (36) felony counts of Obtaining a Controlled Substance by Fraud
and Forging a Doctor’s Signature to Obtain a Prescription. The police
reports, recorded statements, and other discovery materials were extensive
because it was alleged the criminal acts were conducted over a long period
of time. Mr. Miller defended his client by deposing the police investigator
to determine if the allegations could be proven in front of a jury. The
prosecutor agreed to dismiss thirty-two of the charges. The client agreed
to plead guilty to four counts. The client avoided any convictions on
her record, avoided a driver’s license suspension, and did not serve
any time in jail.
-
2015 CF 7281 and 2015 6911
- Felonies
Mr. Miller was retained to represent his client charged in two separate
cases. The first case was Burglary to an Occupied Dwelling, and the second
was Battery by Strangulation. The client had another attorney representing
him before asking Mr. Miller to take the cases over. Before Mr. Miller
became involved, the prosecutor’s offer was ten years in prison.
The previous attorney actually set the cases for a plea before the assigned
Judge. Mr. Miller took over the cases, conducted extensive depositions,
conducted background checks of his client’s accusers, and set both
cases for trial. On the eve of trial, the prosecutor offered Mr. Miller’s
client for two years in the Dept. Of Corrections with all credit for time
served. The client accepted that disposition.
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2015 CF 798
- Felonies
Mr. Miller was retained to defend his client arrested for Sexual Battery.
Mr. Miller filed a Notice of Appearance, Notice to Participate in the
Discovery Process, and a written plea of Not Guilty. Mr. Miller obtained
witness statements and prepared the case for trial. The prosecutor concluded
tha case could not be proven beyond a reasonable doubt and declined to
pursue the case any further.
-
2015 CF 946
- Felonies
Mr. Miller was retained to represent his client arrested for Felony Criminal
Mischief. This arrest had additional complications because it violated
the client's current probation for Reckless Driving (Mr. Miller previously
represented this client for DUI, but was able to negotiate a reduction
in that case). Mr. Miller convinced the prosecutor to drop the felony
to a misdemeanor. In the end, Mr. Miller negotiated a plea regarding both
matters in which the client came to court and agreed to pay court costs
on the day of the plea, effectively resolving everything for the client.
-
2015 CT 11783
- Misdemeanor
Mr. Miller's client was arrested in Tampa and charged by Information
with Driving Under the Influence with Alcohol. Mr. Miller reviewed the
evidence and obtained a DVD of the police officer's interaction with
the client. It was clear to Mr. Miller the officer violated his client's
Miranda warnings, so a motion to suppress certain evidence was filed.
A few days before the motion was scheduled to be heard, the prosecutor
contacted Mr. Miller and offered to reduce the charge to reckless driving.
This reduction in the charge saved his client's driver's license
from being suspended and kept a DUI of the client's record.
-
2015 DR 3435
- Misdemeanor
Mr. Miller was retained to defend his client served with a temporary restraining
order. Successfully defending his client was particularly important because
if the judge granted a permanent restraining order against the client,
the client would have to forfeit an expensive and impressive firearm collection.
Mr. Miller subpoenaed multiple witnesses for the trial, including the
Sarasota Sheriff's deputy that served the temporary restraining order.
After appearing at the hearing, the temporary retraining order was dismissed,
a permanent restraining order was denied, and the client took back his
firearms from the sheriff's office.
-
2015 MM 10367
- Misdemeanor
Mr. Miller's client was arrested for Domestic Battery. Mr. Miller immediately
gathered evidence and witnesses to present at trial, but also shared the
information with the assigned prosecutor. Before arraignment, the prosecutor
declined to file a charge. The client never saw a day in the courtroom.
-
2015 MM 11640
- Misdemeanor
Mr. Miller’s client was arrested and charged by Information with
Soliciting Another to Commit Prostitution. This particular charge in Florida
has serious consequences, including a Driver’s License Suspension
and $5,000 fine if convicted. Mr. Miller was able to avoid these severe
consequences by convincing the prosecutor to offer a diversionary program.
The client completed the program and is now in the process of expunging
his record, avoiding embarrassment.
-
2015 MM 12858
- Misdemeanor
Mr. Miller’s client was charged with Retail Theft from Best Buy.
He was accused of taking a gift card. Mr. Miller contacting the State
Attorney’s Office and asked that the Pre-Trial Diversionary Program
be made available. The prosecutor agreed. Once completed, the charge will
be dismissed and the criminal record will be expunged.
-
2015 MM 14660
- Misdemeanor
Mr. Miller’s client was arrested and charged by Information with
Domestic Battery. This case was litigated for months in Sarasota County
Court and set for trial. Mr. Miller routinely met with his client, prepared
the case for trial, and announced to the Court that he was ready to try
the case. Just before evidence was to be heard in Court, the prosecutor
filed a “Nolle Prosse“ meaning it was announced on the record
that the case was being dropped.
-
2015 MM 18842
- Misdemeanor
Criminal Defense Lawyer Scott Miller defended his client charged with Domestic
Battery. It was quickly determined by Mr. Miller that his client was not
guilty and requested a jury trial to decide the matter. Within days of
the arrest, the charge was dropped by the State Attorney’s Office.
Mr. Miller immediately expunged the embarrassing matter from his client’s record.
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2015 MM 2066
- Misdemeanor
Mr. Miller was retained to take this case over from the client's original
lawyer. The original attorney advised the client to enter a plea to ten
months in the county jail. Mr. Miller took the case over, appeared in
court with the client, and asked the judge to leave it on the trial docket.
Mr. Miller contacted all the witnesses involved in the case and prepared
a defense. Three days before jury selection, the prosecutor telephoned
Mr. Miller and offered to eliminate all the jail time if the client agreed
to accept domestic violence counseling. The client agreed. The client
kept his job, returned to his family, and benighted by some much needed
counseling instead of sitting in jail.
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2015 MM 2225
- Misdemeanor
Mr. Miller's client was arrested for soliciting an female undercover
police officer for a sexual act. This incident was captured on video and
audio. Mr. Miller immediately contacted the state attorney's office
to discuss a quick resolution. The client entered into a voluntary diversionary
program. Within three months the charge was dismissed and Mr. Miller is
expunging his client's record.
-
2015 MM 2247
- Misdemeanor
Mr. Miller was retained to defend his client charged by Information with
Leaving the Scene of an Accident and Obstructing a Police Officer. Mr.
Miller set the case for trial and appeared with his client for jury selection.
Mr. Miller knew specific issues existed that the prosecutor could not
overcome at trial. Although the prosecutor initially disagreed with Mr.
Miller and believed the case could be proven beyond a reasonable doubt,
he ultimately changed his position and dropped all charges just minutes
before a jury was to be selected.
-
2015 MM 2776
- Misdemeanor
Mr. Miller’s client was originally represented by another defense
lawyer. The client was charged with Stalking and Resisting Arrest. The
prosecutor’s offer to resolve the case was 11 months/29 days in
the county jail. Mr. Miller took the case over and appeared in Court with
his client prepared for trial. It was obvious to Mr. Miller that the prosecutor
was missing key evidence that would serious hinder the prosecution. About
a week before jury selection, the prosecutor contacted Mr. Miller and
offered to resolve this case by completely dropping the Stalking allegation,
and a sentence of a fine and court costs. The client payed the clerk a
few hundred dollars and completely resolved the case, without serving
any jail time.
-
2015 MM 400
- Misdemeanor
Mr. Miller was retained to defend his client arrested for Domestic Battery.
Immediately after Mr. Miller filed a "Not Guilty" on behalf
of his client, he filed a motion to delete a Court Order keeping his client
entering the home. The motion was granted. Mr. Miller contacted the state
attorney's office and discussed the facts with the prosecutor. The
charge was dropped and Mr. Miller expunged his client's record.
-
2015 MM 4439
- Misdemeanor
Mr. Miller’s client was arrested for Retail Theft. This was the third
theft charge against Mr. Miller’s client over the years. Although
Retail Theft is not such a serious offense, a third charge could land
a defendant in jail. Once Mr. Miller investigated the allegation and negotiated
a disposition, the client was offered PTI, a diversionary program that
will result in the charges being dropped. Typically this offer is made
to first time offenders, but Mr. Miller pointed out specific circumstance
to the State Attorney’s Office that allowed his client the opportunity
to complete the program.
-
2015 MM 5272
- Misdemeanor
After being arrested for Domestic Battery, the client hired Mr. Miller
to defend him. This case involved a police officer completing an affidavit
stating he was an eye witness to the actual incident. Although the State
Attorney’s Office believed enough evidence existed to move forward,
Mr. Miller successfully argued the case was not strong enough to be proven
in court. The prosecutor declined to continue prosecuting the case.
-
2015 MM 7662
- Misdemeanor
Mr. Miller was hired to represent his client charged with Retail Theft.
Since there was not a good solid defense, Mr. Miller contacted the State
Attorney's Office and suggested his client was appropriate for the
pretrial intervention program, allowing the charge to be dismissed if
the client agreed to 15 hours of public service work. The client entered
into the program, and Mr. Miller will expunge his client's record
as part of his representation in the case.
-
2015 T 1041
- Misdemeanor
Mr. Miller's client was charged with driving on a a suspended license.
Mr. Miller obtained and carefully reviewed the client's driving record,
and determined that the "notice" element would be a difficult
obstacle for the prosecutor to prove. After mr. Miller discussed the issue
with the prosecutor, the charge was officially dismissed.
-
2015 T 1058
- Misdemeanor
Mr. Miller was hired to represent his client arrested for felony driving
on a suspended license. The client had a long history of driving on a
suspended license, and his driving record reflected that. Mr. Miller prepared
legal research and case law to present to the Court. Ultimately, the charged
was reduced to a misdemeanor and the client's only sanction was to
pay court costs without any form of probation. The client made one five
minute appearance in court.
-
2016 1214 F
- Felonies
Attorney Scott Miller was hired to represent his client charged with Felony
Battery by Strangulation and Tampering with Evidence. The first order
of business was to collect the evidence and discuss the case with the
prosecutor before charges were officially filed. The facts were serious,
but Mr. Miller was able to convince the prosecutor to reduce the Felony
Battery by Strangulation charge to a misdemeanor and drop the Tampering
with Evidence charge. Although the prosecutor was originally requiring
incarceration as part of a plea, Mr. Miller negotiated a probationary
sentence that required anger management counseling without any jail time.
The client avoided any Felony charges, jail, or convictions on his record.
-
2016 226 F
- Felonies
Mr. Miller’s client was arrested and charged in Punta Gorda, Charlotte
County Florida with Felony Possession of a Controlled Substance and Possession
of Drug Paraphernalia. Based on the facts, it was in the client’s
best interest that Mr. Miller quickly resolve this case for his client.
Mr. Miller immediately opened up a dialogue with the prosecutor and arranged
for the client to enter into the Pretrial Intervention Program. This allowed
the client to have all charges dismissed upon completion.
-
2016 CF 10231
- Felonies
Criminal Defense Lawyer Scott Miller was hired to represent his client
arrested for Burglary. The facts of this case stem from a romantic relationship
that did not end well. Based on these specific facts, Mr. Miller knew
the prosecutor could not establish the necessary elements to prove a Burglary
occurred beyond a reasonable doubt. Mr. Miller immediately began collecting
evidence through witnesses in preparation of trial. The prosecutor declined
to proceed to trial and dropped the case.
-
2016 CF 10322
- Felonies
Mr. Miller’s client was arrested for Aggravated Battery and Grand
Theft of a Motor Vehicle. The client was accused of shoving the alleged
victim out of a moving car and driving away in a vehicle not owned by
the client. After Mr. Miller reviewed in detail with his client the police
reports and written sworn affidavit by the alleged victim, it became clear
the prosecutor’s version of the facts were incredulous. Mr. Miller
filed a written plea of “Not Guilty” and requested the Court
set the case for a jury trial. The entire case was dropped by the State
Attorney’s Office soon after Mr. Miller filed his pleadings.
-
2016 CF 10817
- Felonies
Criminal Defense Lawyer Scott Miller was retained to represent his client
charged with Felony Driving on a Suspended License. If convicted, the
client would have spent time in jail and suffered a five year license
suspension by the DHSMV. Mr. Miller ran his client's record and was
able to challenge certain notice requirements. As a result, the charge
was substantially reduced, no jail time was ordered, and the client was
able to reinstate his license to legally drive.
-
2016 CF 152
- Felonies
Criminal Defense Attorney Scott Miller was retained by his client charged
with Felony Retail Theft. It was immediately apparent to Mr. Miller that
the State Attorney’s Office incorrectly charged his client with
a felony. Once Mr. Miller contacted the prosecutor, the charge was downgraded
to a misdemeanor. Mr. Miller brought his client to County Court so the
client could enroll in a diversionary program. This lead to the case being
dismissed after three quick months. Once the case was dismissed. Mr. Miller
expunged his client’s charge from the criminal record.
-
2016 CF 15850
- Felonies
Mr. Miller's client was arrested pursuant to a road rage incident.
The client was initially arrested for Robbery. The assigned Prosecutor
filed an Information officially charging Mr. Miller's client with
Felony Grand Theft and Misdemeanor Battery. Mr. Miller contacted local
businesses in the area where the incident occurred to see if and video
footage of the physical fight existed. Mr. Miller eventually uncovered
a witness that he felt would help him at trial. Before a trial began,
the prosecutor offered Mr. Miller's client the diversion program,
meaning all charges would be dropped against the client. The client accepted
the offer and as a result, Mr. Miller will expunge his client's record.
-
2016 CF 15905
- Felonies
Mr. Miller’s client was arrested and charged by Information with
Welfare Fraud. The client had previously been convicted of a Felony and
already had other criminal convictions on her record before ever retaining
Mr. Miller. This type of criminal history would normally prevent a person
from entering into the Pretrial Diversion Program. Mr. Miller defended
the allegations and was able to negotiate the Diversion program being
placed on the table for his client. All that was required of Mr. Miller’s
client was that restitution be made in payments the client could comfortably
afford. Once restitution is made, the charge will be dropped by the State
Attorney’s Office.
-
2016 CF 1720
- Felonies
Mr. Miller was hired by his client to help her get a Felony Grand Theft
allegation resolved. The client was arrested and charged with stealing
merchandise from a local business. The client needed this case resolved
because her ability to keep her job was hanging in the balance. Mr. Miller
contacted the State Attorney’s Office and had the client screened
for the PTI Diversionary Program. The client entered into the program
and the Felony will be dropped upon completion.
-
2016 CF 1797
- Felonies
Mr. Miller’s client, a local business owner, was accused of selling
illegal controlled substances through the normal operation of his business.
This arrest was based on undercover operations conducted by officers with
the Division of Tobacco and Firearms. After Mr. Miller’s client
was charged by Information, Mr. filed a motion to dismiss the charge and
set the matter for a hearing before the circuit judge. Just before the
hearing was to begin, the prosecutor offered a short diversionary program
that guaranteed the charge to be dismissed. The client accepted the resolution
and is on his way to having the charge completely expunged off his record.
-
2016 CF 1983
- Felonies
Mr. Miller’s client was arrested for Sexual Battery and facing a
potential life sentence. There were very strong defenses to the case and
issues that cast serious doubt on the accuser’s credibility. Mr.
Miller filed a “Not Guilty” plea on behalf of his client and
began preparing to defend his client at trial. Approximately three months
after the arrest, the assigned prosecutor dropped the charge against Mr.
Miller’s client.
-
2016 CF 20
- Felonies
Mr. Miller’s client was arrested and charged by Information with
Felony Possession of Marijuana, Possession of Drug Paraphernalia, and
Driving while Intoxicated (DUI). This case was somewhat aggravated and
initially difficult to resolve because the prosecutor’s recommended
plea offer was severe and unacceptable to the client. Mr. Miller worked
on a defense to the case, but continued to negotiate an acceptable plea
the client would be happy with. Ultimately, the felony charge was reduced
to a misdemeanor and the client agreed to a probationary sentence without
any incarceration.
-
2016 CF 2053
- Felonies
Mr. Miller’s client was arrested and charged by Information with
Felony Possession of a Controlled Substance and Possession of Marijuana.
The client had a prior drug charge on his record, so the prosecutor was
seeking a felony conviction. A conviction for this type of charge would
effectively suspended the client’s driver’s license, and prevent
Mr. Miller’s client from maintaining his employment. Mr. Miller
negotiated a plea that reduced the felony to a misdemeanor. The judge
also withheld adjudication, meaning there was no conviction and the client’s
driver’s license remained valid.
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2016 CF 3317
- Felonies
Mr. Miller’s client, produce a manager at a national supermarket
chain, was arrested for Aggravated Battery with a Motor Vehicle. Mr. Miller
filed a Notice of Appearance, Plea of Not Guilty, and began preparing
an aggressive defense in the case. Because this incident occurred in a
parking garage, thankfully the incident was captured on video surveillance.
The incident clearly showed an altercation between Mr. Miller’s
client and the alleged victim, Mr. Miller convinced the prosecutor that
the accuser’s involvement was the catalyst that put the entire incident
in motion. The prosecutor agreed and declined to move forward. The client’s
employment would have been terminated not only if convicted, but just
by being charged by Information would have caused his firing. That would
have been devastating to the client. Mr. Miller expunged this incident
from his client’s record.
-
2016 CF 7938
- Felonies
Criminal Defense Lawyer Scott Miller was retained to represent his client
charged with Felony Possession of a Controlled Substance, Possession of
Marijuana, and Retail Theft. Because the client needed drug treatment
and counseling, Mr. Miller introduced his client to the judge in charge
of the Sarasota County Drug Court Program, an alternative to the normal
course of criminal prosecution. The client was accepted into the program
and now has an opportunity to avoid a felony conviction or incarceration
of any kind.
-
2016 CF 7967
- Felonies
Mr. Miller’s client was arrested and charged by Information with
Felony Criminal Mischief. The client was accused of intentionally damaging
another person’s vehicle over an argument. Mr. Miller coordinated
a turn in date and time with a bondsman to minimize the amount of time
the client would be in jail. The client was released after a couple of
hours. The client was very distraught after being arrested. Mr. Miller
reassured her that everything will be resolved quickly without any further
jail being imposed. Mr. Miller worked out an agreement with the prosecutor
that led to the client’s charge being dismissed, and the client
agreeing to pay a reasonable amount of restitution to the vehicle owner.
-
2016 CF 9282
- Felonies
Mr. Miller's client was arrested and charged by Information with Aggravated
Battery and Possession of a Firearm by a Convicted Felon. The initial
offer on this case by the Sate Attorney's Office was Twenty (20) years
in prison. Because an active warrant was issued for the client, Mr. Miller
contacted the Sarasota Sheriff's Office and worked out a date and
time for the client to turn himself in without embarrassment. The client
was able to bond out within a few hours of the arrest. Because this case
was difficult and the prosecutor listed many people alleged to have seen
the shooting, Mr. Miller enlisted the help of a private investigator (A
retired Police Detective) to help him mount a defense. The investigator
spoke with witnesses, found other witnesses the police either ignored
or did not know about, and reviewed the crime scene to take measurements,
photographs, and review the forensic expert's ballistic results. Mr.
Miller determined this case would go to trial because the prosecutor's
case had significant weaknesses, and the client would never agree to a
prison term. Within days of jury selection, the prosecutor reduced the
Aggravated Battery with a Firearm charge to Aggravated Assault (no firearm)
and dropped the Possession of a Firearm by a Convicted Felon charge entirely.
Mr. Miller's client agreed to three months county jail followed by
a short amount of probation, a far cry from the original twenty year prison offer.
-
2016 CF 995
- Felonies
Mr. Miller’s client was arrested and charged by Information with
Felony Possession of Marijuana with Intent to Sell or Distribute. This
prosecutor assigned to this case was initially seeking a substantial amount
of incarceration because of extenuating circumstances. The client was
a principle in a drug transaction that involved a shooting. Mr. Miller
prepared the case for trial and conducted depositions of the police officers
involved in the investigation and arrest. On the morning of jury selection,
Mr. Miller held a sentencing hearing after the prosecutor agreed to limit
the incarceration portion of the sentence to 30 days in jail. After the
sentencing hearing was conducted, the Judge agreed to a probationary sentence
without a formal felony conviction on Mr. Miller’s client’s
record. The client avoided any jail and avoided a conviction.
-
2016 CJ 1363
- Felonies
Mr. Miller was hired by the parents of a juvenile arrested for Burglary
to an Occupied Dwelling. The kind of charge is considered one of the most
serious charges in accordance with Florida Criminal Statutes. As Mr. Miller
defended the case to determine how strong the State Attorney’s evidence
really was, he became convinced the prosecutor could not establish all
the elements of the crime beyond a reasonable doubt. As the case drew
closer to a trial, the prosecutor dropped the charge against Mr. Miller’s client.
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2016 CT 12883
- Misdemeanor
Mr. Miller’s client was originally arrested and charged with Felony
Driving on a Suspended License as a Habitual Traffic Violator. Mr. Miller
reviewed his client’s record and determined the prosecutor could
not establish enough of a criminal driving history to keep the charge
in Felony Court. Once the charge was reduced to a misdemeanor, Mr. Miller
appeared in Court with his client. Mr. Miller’s client was ordered
to pay court costs and a small fine.
-
2016 CT 1972
- Misdemeanor
Mr. Miller’s client was charged with Driving on a Suspended License
originally went to Court on his own. At the Court date, the prosecutor
announced the plea offer was thirty (30) days in the county jail. The
client left the courtroom and retained Mr. Miller later that day. Mr.
Miller reviewed the police reports, his client’s records, and contacted
the State Attorney’s office to discuss a better resolution for his
client. After presenting a legal defense and alternative resolutions,
Mr. Miller appeared with his client to address the charge. The client
was ordered to pay a $250 fine plus court costs. The client payed the
court clerk the money the same day and the client’s case was ended.
The client did not receive probation or jail of any kind.
-
2016 DR 1629 and 2016 DR 1630
- Misdemeanor
The client hired Mr. Miller to represent her at trial. The client was accused
of stalking two neighbors. Nothing could be farther from the truth. Mr.
Miller defended his client at trial and cross-examined both accuser’s
during their testimony. The Judge denied both accuser’s request
to obtain permanent retraining orders and ruled in favor of Mr. Miller’s client.
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2016 MM 1007
- Misdemeanor
Mr. Miller ‘s client was arrested and charged by Information with
Improper Exhibition of a Dangerous Weapon. The client was accused of pointing
a BB gun at some individuals giving them the belief it was a real firearm.
Mr. Miller prepared the case for trial and appeared with his client to
try the case. In preparation of trial, Mr. Miller knew the accusers allegations
were unfounded and they had personal motivations to allege this incident
occurred. Although the prosecutor was initially reluctant to drop the
charge, the State Attorney’s Office realized they had no choice
months after filing the Information.
-
2016 MM 1382
- Misdemeanor
Mr. Miller was retained to defend his client charged with Possession of
Marijuana. The client has a previous charge for the same thing causing
the penalties to be more severe in the present case. Mr. Miller took advantage
of some extenuating circumstances causing the PTI program to become available.
A PTI program is typically not offered to a defendant with any type of
criminal record. This allowed the charges to be dropped and avoiding a
mandatory driver’s license suspension.
-
2016 MM 16126
- Misdemeanor
Mr. Miller was retained to defend his client arrested for Battery. Mr.
Miller immediately filed pleadings on his client's behalf with the
Court and asking for a jury trial. As the case progressed, the State Attorney's
Office decided not to proceed and dropped the charge.
-
2016 MM 2596
- Misdemeanor
Mr. Miller’s client, a lady without any criminal record, was arrested
for Domestic Battery involving her husband. This arrest was traumatic
for the client. The husband felt remorse and wanting the charge immediately
dropped. Because lawyers in criminal cases are clearly allowed to communicate
with all witnesses in their case, Mr. Miller spoke with the husband multiple
times. Mr. Miller advised the husband to be truthful and communicate with
the prosecutor about what occurred the night of the incident. The charge
was quickly declined by the State Attorney’s Office.
-
2016 MM 2719
- Misdemeanor
Criminal Defense Lawyer Scott Miller was retained to represent his client
arrested for Criminal Mischief and Disorderly Intoxication. The client
lived out of state and was here on vacation with his family. Things got
out of control because alcohol and verbal arguments caused the client
to behave in a manner not consistent the way he normally acts. The client’s
vacation ended and he returned home in Ohio. Mr. Miller had his client
screened and approved for the diversionary program without the client
needing to return to Florida. The client completed the agreed upon conditions
in his hometown and the charges were dropped. The client never saw the
inside of a courtroom and is eligible to expunge his record.
-
2016 MM 2895
- Misdemeanor
Mr. Miller’s client was charged with Retail Theft from a national
retailer. This particular retailer is very aggressive about prosecuting
shoplifters. The client had never been in legal trouble before and was
eligible for the PTI Diversionary Program. This program is a guaranteed
way to have the charge dismissed if it is completed successfully. The
client entered into the program and Mr. Miller agreed to complete expungement
process for his client.
-
2016 MM 2898
- Misdemeanor
Criminal Defense Attorney Scott Miller was retained to represent his client
arrested for Retail Theft. Since the matter was captured on store surveillance
and store security acted immediately, Mr. Miller determined the quickest
and easiest way to resolve the case was to have the client complete a
PTI program. The client voluntarily performed some community service hours
and completed a one day educational class. Once completed, the charge
was formally dropped and Mr. Miller expunged his client’s record.
-
2016 MM 3038
- Misdemeanor
Mr. Miller was retained by the parents of a young lady arrested for Domestic
Battery against an ex-boyfriend. The client was accused of hitting the
alleged victim in public in front a eye witnesses. Mr. Miller gathered
exonerating evidence on behalf of his client and offered to share that
information with the assigned prosecutor. The charge was eventually declined
by the prosecutor and Mr. Miller expunged his client’s record to
prevent this incident from appearing on background checks for future employment
and school applications.
-
2016 MM 4366
- Misdemeanor
Mr. Miller defended his client charged with Possession of Marijuana. The
prosecutor initially offered county jail, drug treatment, and probation
to resolve the case. Mr. Miller rejected the prosecutor's offer and
appeared with his client to defend the charge. At the Court hearing, the
assigned judge ultimately asked Mr. Miller if his client was willing to
pay a few hundred dollars in court costs and end the case. The client
was willing to do that and very satisfied to resolve the case in that manner.
-
2016 MM 4923
- Misdemeanor
Mr. Miller defended his client charged with Domestic Battery. Mr. Miller
believed his client should never have been arrested based on the facts
and circumstances written by the Police Officer in his Probable Cause
Affidavit. Mr. Miller immediately filed a Not Guilty plea on behalf of
his client. Within a few short weeks, the charge was declined by the prosecutor
and Mr. Miller's client never even had to appear in court.
-
2016 MM 4971
- Misdemeanor
Mr. Miller's client was arrested for the crime of Retail Theft. The
incident occurred at a popular department store and captured on video.
Since his client had no previous charges, Mr. Miller had his client screened
for the PTI program. The charge was officially dropped and Mr. Miller
expunged his client's record.
-
2016 MM 5148
- Misdemeanor
Mr. Miller’s client was accused of shoplifting at the local mall.
She was a college student and was very embarrassed by this incident. In
order to clear up her record, Mr. Miller quickly had his client enroll
in the misdemeanor diversionary program. The client completed the program
and the charge was dropped a few months later. Mr. Miller expunged his
client’s record.
-
2016 MM 5979
- Misdemeanor
Mr. Miller was contacted at approximately midnight to represent a client
scheduled for 1st Appearance the next day. 1st Appearance is the first time an arrested individual appears before a Judge
for the purpose of determining the bond to be posted before the arrested
individual is released from jail. Mr. Miller’s client was released
without being required to post a monetary amount. Mr. Miller then proceeded
to represent his client in Court and announced he was ready for trial.
At the mandatory docket sounding hearing just before trial, the prosecutor
revoked any previous offers made to resolve the case and announced she
was ready to try the case. Within just a few days of trying the case before
a jury, the prosecutor dropped the case without any real explanation to
Defense Counsel or the presiding judge.
-
2016 MM 6056
- Misdemeanor
Mr. Miller’s client was arrested for Domestic Battery. The client
was innocent and provided Mr. Miller with evidence strongly suggesting
the alleged victim was being less than truthful about the incident. Mr.
Miller was willing to share that information with the State Attorney’s
Office. Although Mr. Miller’s client has a scheduled arraignment
date within weeks of the arrest, the charges were quickly dropped and
the client never had to attend a court date or make a court appearance.
-
2016 MM 6804
- Misdemeanor
Criminal Lawyer Scott Miller represented his client arrested for Domestic
Battery. The client and his wife had been going through a difficult separation,
and a divorce action was eminent. The wife alleged domestic abuse and
the police officers documented her allegations. Upon reviewing the statements,
Mr. Miller concluded that witnesses could be called on behalf of his client
to dispute the wife’s accusations. Mr. Miller conducted a pretrial
motion and had the witnesses testify. Because the prosecutor had an opportunity
to hear these witnesses in Court, he dropped the case against Mr. Miller’s client.
-
2016 MM 883
- Misdemeanor
Criminal Defense Attorney Scott Miller was retained by his client charged
with Felony Retail Theft. It was immediately apparent to Mr. Miller that
the State Attorney’s Office incorrectly charged his client with
a felony. Once Mr. Miller contacted the prosecutor, the charge was downgraded
to a misdemeanor. Mr. Miller brought his client to County Court so the
client could enroll in a diversionary program. This lead to the case being
dismissed after three quick months. Once the case was dismissed. Mr. Miller
expunged his client’s charge from the criminal record.
-
2016 MO 15855
- Misdemeanor
Mr. Miller's client was charged with Trespassing, a minor offense.
The problem was the client would lose his job, and suffer major embarrassment
based on the underlying facts of the case. Mr. Miller negotiated an agreement
with the prosecutor that would allow his client to enter into a diversionary
program, meaning the case would be officially dropped within a few months.
The client quickly agreed and completed some community service hours.
The charge was dropped and the client remained employed.
-
2017 CF 256
- Felonies
Mr. Miller's client was arrested for Aggravated Battery with a Firearm,
a charge that would cause the client to be sentenced to prison if convicted.
The client was accused of pointing a gun at the alleged victim's head,
and a handgun was recovered by the police. Mr. Miller immediately began
preparing a defense by speaking with witnesses, investigating the allegations
made by the accuser, and filing motions on behalf of his client. Mr. Miller
quickly provided information to the prosecutor raising doubt the incident
occurred the way the police reports alleged. The prosecutor finally decided
the case could not be proven beyond a reasonable doubt and declined to
proceed against Mr. Miller's client.
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2017 CF 2688
- Felonies
Mr. Miller's client, a retired Dentist, was arrested for Aggravated
Battery with a Firearm. This particular case fell under Florida's
10/20/Life Law. Mr. Miller researched the defense issue as it applied to the
facts, and decided the "Stand Your Ground" defense was clearly
applicable. Mr. Miller shared his research with the prosecutor in attempt
to quickly have his client's case dropped. The prosecutor ultimately
decided the case was defensible and couldn't be proven beyond a reasonable
doubt. The charge was dropped before the arraignment and Mr. Miller arranged
to have the firearm returned to the client.
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2017 CF 93
- Felonies
Mr. Miller's client was referred to him by another client. The new
client was arrested for Aggravated Battery because the alleged victim
was pregnant. Mr. Miller filed a Notice of Appearance, and a Plea of Not
Guilty. Once Mr. Miller was the attorney of record and could communicate
with the prosecutor on behalf of his client, he pointed out inconsistencies
in the police reports and provided additional information that strongly
suggested the client was acting in self defense and used only reasonable
force to prevent himself from being injured. The case was dropped by the
State Attorney's office soon after.
-
2017 M 8565
- Misdemeanor
Mr. Miller was retained to represent his client arrested in Miami for Battery.
The client was involved in a physical altercation on a cruise ship. When
the ship docked in Miami, Dade County Sheriff's Deputies were waiting
and took the client into custody. Mr. Miller contacted the Sate Attorney's
Office to quickly obtain the police reports and written affidavits. Once
Mr. Miller reviewed them, he asked the Court to set the matter for trial
believing his client was innocent. The case was dismissed by the prosecutor
before his client was required to make a court appearance.
-
2017 MM 90
- Misdemeanor
Criminal Defense Attorney Scott Miller was hired to defend his client arrested
for Battery. Based on the facts of this arrest, it clearly would be a
trial if the State Attorney's Office officially pursued it. Mr. Miller
filed an Appearance Notice with the Court, and requested a jury trial
within speedy trial limits. As the case worked its way through the system,
the prosecutor dropped the case altogether.
-
2017 MM 939 and 2017 MM 919
- Misdemeanor
Mr. Miller's client was arrested for Domestic Battery. While the client
was in jail, he was ordered not to have contact with the alleged victim.
The client was accused of violated the Judge's Court Order by continuing
to telephone the alleged victim from the jail multiple times. He was charged
with five more misdemeanors of violating supervised release condition.
Although the jail staff was adamant an Information be filed against the
client, Mr. Miller successfully pointed out specific language in the Judge's
Order suggesting the "no contact" condition did not take effect
until the client was actually released from jail. Other factors regarding
the Domestic Battery case were also problematic for the prosecutor. Mr.
Miller was able to take advantage of these problems and that charge was
dropped as well. Mr Miller is currently in the process of expunging his
client's criminal record.
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95 CF 3396
- Felonies
Mr. Miller has Violation of Probation Warrant dismissed by the Court..
The client was placed on probation in 1995 for Grand Theft Over $100,000.00.
The client was accused of being an absconder from supervision and ultimately
arrested in August, 2012 in South Carolina. Mr. Miller filed a motion
to release his client from jail and the judge granted the motion without
the client having to post a bond. A few weeks later Miller appeared with
his client before the Court to defend his client at trial. The Court dismissed
the Violation of Probation charge and reinstated her probation to the
original terms and conditions.