Former Prosecutor with over 23 years of experience

Motion to exclude breath tests and roadside exercises granted!

posted 2016 | State v. J.R.

Client was charged with 3 counts of DUI with property damage, one count of DUI and three charges of leaving the scene of an accident. Client failed the roadside sobriety exercises and blew a .107 on the breath test.  Client hired Mr. Forman to represent him at trial.   The client simply wanted to resolve his case by entering a no contest plea.

However, Mr. Forman had an idea to try to throw out some of the evidence.  Mr. Forman filed a motion to suppress arguing that there was no probable cause to believe that the client was the driver of the vehicle.  The trial court heard the motion and the judge agreed and granted the motion! The trial court excluded the breath test results, as well as the field sobriety exercises!  The state is considering whether to appeal.

 

Former Prosecutor with over 23 years of experience

Florida’s Death Penalty Scheme Found Unconstitutional

“The Sixth Amendment requires a jury, not a judge, to find each fact necessary to impose a sentence of death  … a jury’s mere recommendation is not enough.”  Justice Sotomayor wrote this sentence when the U.S. Supreme Court struck down Florida’s Death Penalty Scheme where jurors give a recommendation whether a convicted defendant should be given the death penalty or life in prison, but the court can ignore the recommendation.  As of now, all executions will be halted.  Let’s see how this plays out!

 

Former Prosecutor with over 23 years of experience

DUI – Roadsides and Breath Reading .16 BAC Suppressed!

posted 2014 | State v. C.H.

Defendant was stopped for speeding and the officer smelled alcohol coming from the defendant.  The defendant also admitted to drinking two “large beers” and eventually arrested for an enhanced DUI.  The officer claimed that the defendant failed the roadside sobriety tests and was insistent that Mr. Forman’s client was impaired.  The client provided a breath sample, which was double the legal limit and read .16 BAC.

Mr. Forman filed a motion to suppress arguing that the officer did not have reasonable suspicion to detain his client and request that he perform roadside sobriety exercises.  After hearing the motion, the trial court GRANTED the motion to suppress and excluded all evidence, including the field sobriety exercises and the .16 breath reading!  All evidence was thrown out of court by the judge.  The State is currently appealing the ruling.

 

Former Prosecutor with over 23 years of experience

What Can a Criminal Defense Attorney Do?

Supreme Court

“Supreme Court”. Licensed under Public domain via Wikimedia Commons

If you’ve been charged with a crime in Florida, you will need an experienced criminal defense attorney on your side. But what exactly can a criminal defense attorney do for you?

A professional and experienced Fort Lauderdale criminal defense lawyer will represent you in court and protect your legal rights.  As your lawyer, he or she will be able to help you navigate your way through the legal system without the fear of the unknown.  You lawyer will advise you every step of the way regarding your options, including providing you with a full assessment of the defenses that you may have. 

An aggressive criminal defense lawyer will utilize all legal procedures available in your jurisdiction.  In Broward County, depositions are routinely granted and your lawyer should take the depositions of the witnesses who will testifying against you.  Depositions are invaluable and a cost efficient way of learning what these witnesses will say in court.  It may also be used to gather information that could be helpful in getting your charges dismissed or having some of the evidence against you thrown out of court.  Just because you were accused of a crime does not mean that you are guilty!

The Law Offices of Jason T. Forman can help protect your rights if you have been arrested or charged with a crime in Fort Lauderdale or the Broward County area.  We will utilize all of our techniques so that you can fight back and present an aggressive defense to your charges.  Call Jason T. Forman at 954.527.5557 for a free consultation and assessment of your case.



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