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!

55 Appellate Case Results

3.850 motion – 15 year sentence reduced by 7 years!

posted 2016 | State v. E.D.

What happens when a criminal defense lawyer takes on a post-conviction matter and panics? They call Mr. Forman! 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 unsure how to 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 raising numerous grounds, 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.

Petition Granted-Ineffective Appellate Counsel!

posted 2015 | A.N v. State

This is another example how the lawyer you choose can make all the difference, especially after another appellate attorney claimed that there were no errors on appeal!  Client was arrested for Grand theft > $100,000 for allegedly embezzling over a million dollars from her employer. She hired a criminal defense lawyer who charged her an exorbitant amount of money and she entered a no contest plea.  The client was sentenced to 10 years in prison. The client filed numerous motions, including a motion for post conviction relief filed under Florida Rule Criminal Procedure 3.850.  

The client alleged that her counsel rendered ineffective assistance of counsel.  Client also filed a motion for disqualification seeking to have the same judge removed from her case. Both motions were denied. The client appealed the denial of these motions, but they were denied.  The client reached out to a prominent and very expensive criminal defense lawyer, but due to the complexity of the matter, this attorney referred the client to Mr. Forman.

Client hired Mr. Forman to review the case to see what could be done.¬† The client wanted Mr. Forman to file a motion for rehearing since the appeal was denied.¬† Mr. Forman filed the motion, but as expected, it was denied. However, when Mr. Forman read the transcripts to file the motion for rehearing, he noticed what he believed to be an error that could help vacate the client’s sentence. The problem is that years prior, she had a public defender who filed an Anders brief, which tells the court that there are no errors on appeal.

Mr. Forman decided that he should file a petition for writ of habeas corpus alleging ineffective assistance of appellate counsel.¬† Mr. Forman identified an issue where a recent appellate decision applied to the client’s case. However, due to the prior Anders brief and the voluntary dismissal of the appeal, Mr. Forman had to get creative.¬† After discovering a small technical loophole, Mr. Forman filed the petition in the appellate court.

Despite the attorney general’s objection to the granting of the petition, the appellate court granted the petition and vacated the sentence. The client was worried because she was going back to be sentenced before the same judge. However, Mr. Forman remembered that a doctor who evaluated the client years prior and who was going to testify on her behalf, could not testify before that judge.¬† The judge had a standing recusal order against the doctor.

Mr. Forman filed a motion for disqualification, which was granted by the trial court.¬† The client’s case was assigned to another judge.¬† Mr. Forman was able to negotiate with the prosecutor and reduced her prison sentence by 40%.¬† The client was released 4 months after the new sentence was reached.¬† Needless to say, the client and her family were absolutely thrilled at the outcome.¬† The outcome of this case was only reached because of the creativity and legal knowledge of Mr. Forman!

Petition granted. New trial ordered for attempted murder charge!

posted 2015 | B.H. v. State

The client, along with two other boys, were arrested and charged with second degree murder and attempted second degree murder.  All three defendants were convicted and sentenced to prison. The client was sentenced to 30 years in prison. The client filed an appeal seeking a new trial based upon defective jury instructions.  The appellate court denied the appeal.  No motion for rehearing was filed.

However, the co-defendant, whose appeal was completed after the client’s appeal, did receive the benefit of the erroneous jury instruction.¬† His case is pending before the Florida Supreme Court.¬† Mr. Forman was hired by the Client’s family to handle the case even though the appellate process had already been exhausted.

Mr. Forman filed a petition for writ of habeas corpus in order to correct a manifest injustice in the appellate court.¬† Even though the attorney general’s office vigorously opposed the petition, the Fourth District Court of Appeals¬†granted the petition and ordered that¬† the client be given a new trial for the attempted second degree murder charges. This will allow the client to be re-sentenced or retried before another jury on the vacated charge.¬† The case is currently before the Florida Supreme Court.¬†

20 year prison sentence reduced to 12 years!

posted 2015 | State v. C.Y.

Client was charged with armed robbery in three different cases.¬† He entered an open plea to the court and was sentenced to 20 years in prison.¬† Client filed an appeal, but he was unsuccessful.¬† All other motions that he filed also failed.¬† The client’s mother hired Mr. Forman in order to see what could be done.¬† Instead of filing a 3.850 motion, Mr. Forman had an idea and decided to file a motion to mitigate the client’s sentence due to ineffective assistance of counsel – an unusual hybrid motion. ¬†¬†

Mr. Forman was able to locate a transcript from a scheduling hearing which showed that the trial court made a comment which encouraged the client to enter into an open plea, thereby giving the client the impression that the judge would be inclined to grant his motion for downward departure. Even though Mr. Forman presented this motion to the same judge who made this error, the trial court granted the motion and agreed to mitigate his 20 year sentence to only 12 years! Client and his mother were grateful.

Petition for writ of prohibition granted – all charges dismissed!

posted 2015 | L.M. v State

Client was arrested for three misdemeanor counts of contracting without a license, but the state ultimately increased the charge and filed it as a felony.¬† The client was not served with the capias until 3 years later.¬† Once he was served, trial counsel explained the situation to Mr. Forman, who suggested that trial counsel file a motion to dismiss based upon the statute of limitations.¬†¬† The trial court denied the motion.¬† Client hired Mr. Forman, who filed a petition for writ of prohibition arguing that the trial court had no jurisdiction to preside over the case.¬† The Fourth District Court of Appeal agreed and granted Mr. Forman’s petition!¬† All charges were dismissed.

Suppression of evidence in trafficking case upheld!

posted 2015 | State v. J.S.

Client was charged with Trafficking in GHB and possession of cocaine, which carried a 3 year minimum mandatory sentence.¬† Defense counsel filed a motion to suppress arguing that the stop of the client’s vehicle was unlawful.¬† The trial court agreed and suppressed all of the evidence.¬† The State appealed the decision of the trial court. Defense counsel, who won the motion, told Mr. Forman that he believed that the appellate court would reverse the order suppressing evidence and that he was surprised that he had won.

Defense counsel referred the client to Mr. Forman to handle the appeal.  The state filed its initial brief, arguing that the supporting caselaw required that the order be reversed.  After reviewing the record, Mr. Forman agreed that the trial court was required to deny the motion based on the caselaw.

However, Mr. Forman realized something that no one else noticed. He noticed that the state made a slightly different argument on appeal than the one presented by the prosecutor in the trial court.  Knowing that he would lose on the merits, Mr. Forman decided that the best strategy was to argue that the state should be prohibited from making this argument on appeal.

At oral argument, the appellate panel told the parties that on the merits, the state should win the appeal.¬† However, they listened to Mr. Forman’s argument and entered an order affirming the decision of the trial court! The trial court’s order was upheld, all evidence was excluded and the state was forced to drop all charges! This appeal was only won because Mr. Forman noticed this technicality, which many other lawyers would not have noticed.¬† Needless to say, the client was extremely thrilled!

Appellate court vacates arson plea and prison sentence!

posted 2015 | I.A. v. State

Client was arrested and charged with 1st degree arson with injuries, arson and insurance fraud.¬† He hired a well-known criminal defense attorney and was advised to enter a no contest plea.¬† Hesitantly, he entered an open plea which required that he be sent to prison.¬† The client hired another defense attorney who brought Mr. Forman into the case in order to submit a motion to withdraw plea in the trial court. Mr. Forman argued that the client’s open plea to all of the convictions violated double jeopardy.

The trial court denied the motion.¬† The client then hired Mr. Forman to handle the appeal and Mr. Forman won the appeal!¬† The Fourth District Court of Appeal reversed the trial court’s denial of the client’s motion to withdraw plea and found that his plea did constitute a double jeopardy violation!¬† Client was very pleased, especially since he had immigration issues.

55 Appellate Case Results

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