Former Prosecutor with over 23 years of experience

Appellate Case Results

Since its inception in 2000, the Law Offices of Jason T. Forman has achieved successful results for their clients. Of course, what is deemed a successful outcome depends on the facts and circumstances of each individual case, as well as the needs of each client. This page contains only a small sample of the successful results that Mr. Forman was able to achieve for his clients over the years. Results may not be typical and you may not have as beneficial as a result. Also, the date that the case result posted may not be the date that the case was resolved. Nevertheless, we will certainly do everything that we legally can do to achieve your desired goal!

51 Appellate Case Results

Denial of motion for disqualification reversed on appeal!

posted 2016 | B.D. v. State (Broward)

This is another example of how the appellate lawyer you choose makes all the difference! This case was highly publicized and involved 10 co-defendants accused of operating a boiler room.  The defendants were charged with numerous offenses, including organized scheme to defraud, punishable by 30 years in prison.  Hundreds of thousands of dollars were involved in the fraud.

One of the defendants entered an open plea to the judge, who was known as the toughest judge in the county. Shockingly, this defendant was sentenced to 15 years in prison.  All of the other co-defendants subsequently resolved their case and received supervision and no jail time.

Mr. Forman was hired to help the client withdraw his plea, arguing several grounds, including that the judge was biased against indigent defendants who were unable to afford to pay restitution. This was based upon a recent case that Mr. Forman was very familiar with because he used before to obtain relief. Mr. Forman filed a motion to disqualify the judge based upon this bias.  A motion to mitigate sentence was also filed, arguing that the sentence imposed was disproportionate to the sentences imposed in all of the other cases.

Mr. Forman knew that if the motion for disqualification was granted, the motion to withdraw plea and the motion to mitigate his sentence would have to be heard by a different judge. Mr. Forman had no doubt that the 15 year sentence would be greatly reduced, but only if another judge heard the case. As expected, the judge denied the motion for disqualification.

Knowing that obtaining a new unbiased judge was critical in this case, Mr. Forman filed an appeal – a petition for writ of prohibition – in the appellate court. Mr. Forman was confident that the appeal would be granted because of existing caselaw that was recently decided. Unfortunately, the appellate court made new caselaw two weeks before the ruling on the client’s appeal, a rarity, which resulted in the denial of the writ. The trial court denied the motion to mitigate sentence and the client’s motion to withdraw plea.

The client once again hired Mr. Forman to handle the appeal of the denial of the motion to withdraw plea.  However, Mr. Forman had a clever idea.  He knew that the recent caselaw which was made weeks prior to the filing of his writ of prohibition was pending before the Florida Supreme Court. He also knew that if the Florida Supreme Court reversed that decision, then it would make his appeal more likely to succeed.

Mr. Forman filed his appeal, arguing that the motion to withdraw plea should have been granted. Importantly, he also argued that if the Florida Supreme Court reversed the decision of the new case law, then the client’s case should also be reversed and sent back to a new judge based upon the bias. This was the fallback argument that was presented even though the appellate court already denied the appeal on this issue.

Months passed until finally the Florida Supreme Court reversed the new case law, which opened the door for success in this appeal. After a few more months, the appellate court¬†reversed¬†the denial of the client’s motion for disqualification! The appellate court found that the judge did have a policy of sentencing indigent defendants to harsher sentences. This decision meant that the client will have a new judge to hear his motion to withdraw plea and motion to mitigate! ¬†The client and his family were thrilled, especially since the prosecutor, after congratulating Mr. Forman, indicated that the case could be resolved. ¬†This is another reason why Mr. Forman is one of the most respected criminal appellate lawyers in Florida.

Petition for Belated Appeal Granted!

posted 2016 | B.O. v. State (Volusia County)

Client was arrested and charged with aggravated battery.  Client was convicted at trial and sentenced to prison. Although the client and his family requested that his defense attorney file an appeal on his behalf, defense counsel failed to do so.  Client was incarcerated in prison without any appeal filed on his behalf.

Client’s family contacted Mr. Forman, who knew exactly what needed to be done in order to correct the mistake.¬† Mr. Forman filed a petition in the appellate court and the court granted the client the right to file an appeal! Client now has an appeal pending and can challenge his judgment and sentence.

Denial of 3.850 without hearing reversed on appeal!

posted 2016 | PM v. State (Sarasota County)

Client was arrested for his third DUI and went to trial with another criminal defense lawyer.  He was convicted, sentenced to jail and had his license suspended for life.  Client filed an appeal with another lawyer, which was denied. Client then hired another well-known local criminal defense lawyer to file a motion for post-conviction relief under rule 3.850.  The motion contained four grounds, but the trial court denied the motion without an evidentiary hearing.

Client decided to hire Mr. Forman to appeal the denial of his 3.850 motion.¬† After reviewing the motion, Mr. Forman believed that the trial court improperly denied the motion without a hearing.¬† The client also should have been allowed to amend the poorly written motion.¬†¬† Mr. Forman handled the appeal and as expected, the appellate court reversed the denial of the client’s motion.¬† Client will now be able to proceed on his motion!¬† Client was very pleased at the result.

 

25 year mandatory prison sentence and conviction vacated after 3.850 hearing!

posted 2016 | State v. TB (Lee County)

This is a great example of how the lawyer you choose can make the difference! The client was charged in Lee county with trafficking in oxycodone pills and conspiracy to traffic, both offenses carrying a 25 year minimum mandatory sentence.  The client was represented by another attorney and was found guilty of both charges.  Unfortunately, he was sentenced to a mandatory 25 years in prison. Mr. Forman was hired to handle the appeal, but unfortunately the conviction and sentence were affirmed.

However, when preparing every appeal, Mr. Forman always anticipates the next move just in case the appeal is denied.  Here, he knew that there were several issues that could be raised in a motion for post conviction relief.  Mr. Forman was hired to handle the 3.850 motion and raised the issues that he found while drafting the initial direct appeal. Two of the issues that he discovered involved erroneous jury instructions that were given to the jury regarding the conspiracy offense and the lawful prescription defense.  Neither the judge, the prosecutor, nor former defense counsel noticed these errors. They were only noticed by Mr. Forman.

An evidentiary hearing was scheduled before the same judge who handled the trial. Two days before the hearing, the prosecutor asked if the client would take a 10 year sentence reduction.  The client refused to accept the deal and told Mr. Forman that he knew that Mr. Forman would win the hearing, certainly a big gamble.  At the evidentiary hearing, the trial court heard the testimony of 3 lawyers, as well as the defendant and his mother. The same judge who presided over the trial granted the motion for post conviction relief and ordered that the client be given a new trial for those charges.  His two 25 year minimum mandatory sentences were vacated!  Client and his family were thrilled with the outcome.

15 year prison sentence reduced to 7 years!

posted 2016 | State v. J.S.

This is a prime example of how a smart and experienced attorney can change the game. Client was arrested and charged with second degree grand theft, punishable by up to 15 years in prison.  Client entered an open plea with a local attorney and was sentenced to 6 years in prison. The client was granted a week furlough and was told that if he failed to appear in court, he would automatically be sentenced to 15 years in prison.

The client failed to appear for court and moved out of state for 6 years. The client was arrested in another state as a result of a traffic stop, which revealed an active Florida warrant. When he was brought back to Florida, the judge remanded the client into custody to serve his 15 year sentence. The judge refused to impose a new sentence, but indicated that he was merely remanding the client.

Client hired Mr. Forman to see what could be done.  Unfortunately, due to the lapse of 6 years, all of the deadlines and timelines expired.  This prevented the client from appealing his sentence or filing a motion for post conviction relief under rule 3.850.  However, Mr. Forman had an idea that was meant to re-start the clock for the expired deadline in the case.

As an experienced appellate lawyer, Mr. Forman knew that the court had to find that a client willfully failed to appear in court before the maximum sentence could be imposed. Mr. Forman filed a motion and was granted a hearing.  Although the client was sure to lose the motion, Mr. Forman wanted to re-start the clock.

Knowing that the motion was most likely going to be unsuccessful, Mr. Forman fought hard for the client and was able to convince the State to reduce the 15 year prison sentence to a 7 year sentence followed by 3 years of probation!  The State agreed to do this even though they had all of the leverage. Mr. Forman was able to convince them to negotiate because they believed that the case would be re-opened on appeal. Client is currently serving his reduced sentence and is grateful for the help!

State drops gun charge after 3.850 motion granted! (update)

posted 2016 | State v. E.S.

As explained in a previous post, Mr. Forman was able to win a new trial for a gun charge after an evidentiary on the client’s motion for post conviction relief. Instead of appealing or going forward with a new trial, the state dropped the charge!¬† Client is extremely pleased and of course, grateful for Mr. Forman’s efforts.

3.850 motion – State concedes error!

posted 2016 | State v. E.D.

Client was charged with numerous burglaries and aggravated fleeing and eluding.  Because of his prior record, he was designated a prison release reoffender (PRR) and was facing a significant prison sentence. The client was already serving time in federal prison when his case was set for trial in state court.  The client went to trial and was convicted of all counts. He was sentenced to 15 years in prison consecutive to his current federal sentence. An appeal was filed, which the client lost.

The same attorney who handled the appeal recognized that he was in over his head and needed help.¬† His client wanted to file a post conviction motion, but the lawyer was not sure if he could handle the motion.¬† The lawyer hired Mr. Forman to file the motion, which was filed in the career criminal division.¬† The motion raised several claims, including a claim that counsel was ineffective for failing to advise the client that he could be given a sentence consecutive to his 8 year federal sentence.¬† After filing the motion, the state agreed to change the sentence to a concurrent sentence, which essentially reduced the client’s sentence by 7 years.¬† Client and his former lawyer were obviously happy.

Suspension of Driver’s License (DUI) Reversed on Appeal!

posted 2016 | R.L. v. DHSMV

Client was arrested for driving under the influence after he was observed falling off of his motorcycle.¬† The client hired another criminal defense lawyer to represent him in criminal court, as well as at the department of highway safety and motor vehicles. The client was given a formal review hearing which allowed him to challenge the suspension of his driver’s license.¬† At the hearing, defense counsel argued that there was insufficient evidence to sustain the suspension.¬† Of course, the client lost and his license was suspended for 18 months because this was his second refusal.

His defense attorney hired Mr. Forman to file an appeal called a Petition for Writ of Certiorari.  Mr. Forman came up with a more specific argument than the one raised at the DMV.  Specifically, Mr. Forman argued that there was no probable cause to establish that the client was in actual physical control of the motor vehicle because there was no evidence presented to show if the driver had any keys in his possession.  Mr. Forman also argued that the documentary evidence presented failed to show that the motorcycle was even operating.  After reading the petition, and despite the objection by the DHSMV, the appellate court agreed with Mr. Forman and quashed the license suspension!  This clever argument clearly helped change the outcome of the case.  This is another example of how the lawyer you choose can often make the difference between winning and losing!

New DUI Trial Granted on Appeal!

posted 2016 | W.H. v. State (Palm Beach County)

Client was arrested for driving under the influence (DUI) with an accident.¬† He was represented by the public defender’s office at trial and he was convicted by jury.¬† The client was referred to Mr. Forman by another criminal defense attorney.¬† Mr. Forman was hired to handle the appeal and after reading the transcripts, Mr. Forman told the client that he believed that he could obtain a new trial.¬† Mr. Forman argued that the judge committed an error during jury selection and also argued that the prosecutor made numerous improper comments in closing argument. The three judge appellate panel agreed with Mr. Forman and¬†reversed the conviction and sentence.¬† The client will now get a new trial!

3.850 Motion Granted-New Trial for Gun Charge!

posted 2016 | State v. E.S.

Client was arrested for aggravated assault with a firearm.¬† He went to trial on a lesser gun charge and was convicted by a jury.¬† The client did not appeal and hired Mr. Forman a year after his conviction and sentence. Mr. Forman told him that the only remedy was to file a motion for post conviction relief under rule 3.850.¬† Mr. Forman meticulously went through the trial transcripts and found numerous errors made by trial counsel. These errors included counsel’s failure to object to improper bolstering of the victim’s testimony, improper comments in closing argument, failure to file a motion to exclude prejudicial evidence, and other errors which collectively deprived the client of a fair trial.¬†

The trial court granted an evidentiary hearing and both the client and his former trial attorney testified.  Mr. Forman argued that all of the errors warranted a new trial.  The State vehemently opposed the motion and urged the trial court to deny the motion.  After hearing the testimony and all of the argument, the trial court granted the motion and awarded the client a new trial!  The State is appealing the victory.  Of course, the client was very pleased with the result.  This is just another example of how Mr. Forman finds errors that other lawyers do not realize could warrant a new trial.

51 Appellate Case Results


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