Results may not be typical . . . you may not have as beneficial a result.
A Sarasota businessman, who had worked for many years in sales, was investigated for Sale of Unregistered Securities, Selling Unregistered Securities without a License, and Securities Fraud under Florida Statute 517.
This investigation was conducted by the Florida Department of Law Enforcement, the Florida Department of Insurance, the Manatee County Sheriff’s Office, and the Sarasota State Attorney’s Office. Once Mr. Dirmann was retained, a complete investigation of all of the alleged transactions was undertaken. Florida Statute 517 has many variations and potential charges ranging from third degree to first degree felony offenses. Once the allegations were set forth in detail, it became clear that all of the alleged transactions were barred by the applicable statute of limitations. As a result the client was never charged with any of these claimed violations of the Florida securities transaction law.
DUI charge and Refusal to Take Breath Test After Prior Refusal charge Dismissed. A longtime Sarasota resident, and artist, was stopped while driving by an on-duty Sarasota Police officer. The officer claimed client made an improper lane change and was following another vehicle too closely. As part of the traffic stop, the officer conducted a DUI investigation finding the defendant had a “strong odor of alcohol, was unsteady on his feet,” and according to the officer, the client failed to perform the field sobriety exercises properly. The client was also charged with refusing to take the breath test after having previously refused to take the test. Mr. Dirmann was able to take the deposition of the arresting officer, and after a complete investigation of the facts, the prosecutor dismissed both the DUI charge and the charge of Refusal to Take the Breath Test after a Prior Refusal.
One of Mr. Dirmann’s clients was charged with Arson of an Occupied Dwelling. This charge carried a penalty up to 30 years in prison. Mr. Dirmann’s investigation into the facts and circumstances of the fire resulted in the disclosure that there was no accelerant used to start the fire and there was no evidentiary connection to the defendant starting the fire. After conducting pretrial discovery and depositions which disclosed the deficiencies in the state’s case, the assistant state attorney prosecuting the case voluntarily filed a Nolle Prosequi, dismissing the charge of Arson. The defendant was held in custody at the Sarasota County Jail for many months prior to the state dropping the Arson charge.
A mobile x-ray technician working for a national company providing x-rays to elderly patients in nursing homes and rehabilitation hospitals was charged with the crime of Battery on an Elderly Person, a third degree felony. The client had a spotless record and denied the charge. By effective cross-examination of the young and inexperienced complaining witness who was a CNA on duty on the day of the alleged incident, Mr. Dirmann was able to demonstrate the implausibility of her story. In addition, Mr. Dirmann was able to show the elderly patient had no marks or bruises of any kind after the alleged incident and the medical records provided evidence that the CNA did not immediately report the battery as she claimed at trial. The client was acquitted of this felony after a jury heard all of the evidence presented on behalf of the client by Mr. Dirmann.
A retired businessman met an attractive woman in an adult congregate living facility. The couple dated for a short period of time and the client was subsequently charged with Lewd and Lascivious Battery Upon a Disabled Person, a second degree felony. After the client retained Mr. Dirmann, it was discovered that the woman was able to drive her car from the facility to shopping and leisure outings, and was able to make repeated phone calls to the client and leave voice messages of her fond feelings for the client, all after the alleged offense. After months of investigation and negotiations with the state attorney’s office, the assistant state attorney handling the case filed an administrative dismissal of the charges against the client and the client’s case was expunged from public records.
An army veteran who had been in lethal combat while serving in Iraq with the 101st Airborne had been on four years probation for Burglary, Larceny and Fraud charges. After violating his probation with a positive urine test, the Vet was facing more than 30 months in state prison under the sentencing guidelines. After months of negotiations with the state attorney’s office and probation, Mr. Dirmann was able to get the prosecutor to agree that the client did not meet the “violent felony offender” criteria as claimed by the probation officer. Further, the state attorney agreed to a sentence of 90 days in the county jail followed by six months community control and drug offender probation with the stipulation that the client seeks treatment at the Bay Pines VA PTSD residential program.
A World War II marine allegedly displayed a firearm at workers around his home. After several months of negotiations, the felony charge of Aggravated Assault with a Deadly Weapon was reduced to the misdemeanor charge of Improper Exhibition of a Weapon and the client was placed on a period of probation.
A young college student was charged with multiple counts of Obtaining Controlled Substances by Fraud. After investigation and negotiations with the state attorneys in both Sarasota and Manatee Counties, the cases were resolved by drug court and pre-trial intervention. The client completed the program and all charges from these cases were dismissed.
A young construction worker was watching a Bucs game in a bar when he received an urgent call for help from a good friend. The client construction worker immediately left the bar to aid his friend whose husband was being held hostage by a drug dealer. As the client arrived at his friend’s home, the drug dealer fled and the client pursued him. This resulted in the client administering a “beat down” of the drug dealer. Unfortunately, when the cops arrived, the client was charged with Aggravated Battery on the drug dealer. After Mr. Dirmann began his investigation into the case, the true facts came to light and the serious felony of Aggravated Battery was dismissed. (The client pled no contest to misdemeanor Possession of Cocaine and adjudication was withheld.)
A local man was charged with Attempted Child Kidnaping and, after a nine-month investigation, all charges were dismissed. After a complete moment-to-moment investigation of a story told by a child witness which did not add up, all charges were dismissed against the client. The investigation disclosed helpful information from a school crossing guard, a parent of a friend, several teachers who were on duty at the time of the alleged incident, a security video tape taken minutes after the alleged incident showing the client wearing a work uniform (contrary to the clothing described by the child), and discovery of a prior unfounded criminal allegation by the child against a karate instructor. After putting all of the pieces of evidence together, the state prosecutor dismissed all charges against the client. The client was able to resume his previous employment of 21 years.
A prominent South County contractor was charged with Felony Workers’ Compensation Fraud, alleging that he defrauded the insurance company out of more than 1.5 million dollars of insurance benefits. Other lawyers represented the client for several years until Mr. Dirmann was hired 60 days before the scheduled trial. By unparalleled efforts, Mr. Dirmann was able to quickly investigate the case, review boxes of documents and depositions, and research a complicated area of law under Florida Statute 440.105. By concentrating on certain key handwriting signatures involved in employment documents, with the help of a skilled handwriting expert, Mr. Dirmann was able to convince the prosecutor that the client had not committed Workers’ Compensation Fraud and all criminal charges were dismissed.
A local deputy sheriff was charged with Aggravated Assault with a Firearm, carrying a mandatory minimum three years in prison. A young deputy sheriff was hosting a BBQ and poker party at his home when several uninvited individuals arrived at his house with drugs. The state contended the deputy pointed a firearm at a young woman resulting in the charge of Aggravated Assault with a Firearm. After months of preparation and investigation, including line-by-line review of DVD statements made by a number of witnesses, and a lengthy video tape deposition of the alleged victim, it was clear that her story did not match the story of the majority of eyewitnesses. One of the state’s own witnesses testified that the alleged victim was seen laughing and joking about the gun incident shortly after the party. The jury of four women and two men deliberated for 17-1/2 hours and could not reach a verdict. This hung jury resulted in the prosecutor offering a reduced plea to the misdemeanor charge of Improper Exhibition of a Firearm. The client accepted this reduced charge and avoided the three-year mandatory minimum sentence.
A Sarasota man was involved in a serious accident on Christmas Eve resulting in three counts of DUI with Serious Bodily Injury. Under the Florida Sentencing Guidelines if the client had been convicted of these charges after trial, his sentence would have been many years in prison. Mr. Dirmann found, through discovery depositions and his own investigation, that all three of the injured motorists in the other vehicle had been using illegal drugs immediately before the crash including the other driver and that the other driver was speeding. This favorable evidence enabled Mr. Dirmann to negotiate a plea to the charges without any jail time and the client was placed on probation.
An elderly woman was involved in a domestic argument with her husband resulting in claims of physical violence and arrest for felony Aggravated Domestic Violence. After a full investigation of the facts and circumstances by Mr. Dirmann, the state attorney’s office declined to file any criminal charges against the client.
A retired Manatee County man had a dispute over a parking spot in a shopping mall. This dispute resulted in a charge of Aggravated Assault with a Motor Vehicle. After a complete investigation into the facts and witnesses to the alleged offense, the state declined to file any felony charges but did file a charge of Reckless Driving. Mr. Dirmann defended the client at trial and he was found “not guilty” of the charge of Reckless Driving.
A young Sarasota woman became involved in a family business dispute with another family member. Allegations of fraud and theft were made against the client; however, after Mr. Dirmann was retained to represent the client and after a thorough examination of all of the company books and records, the client was cleared and the criminal charges were dismissed.
A young college student was arrested in Venice for Felony Possession of Drugs. After Mr. Dirmann conducted discovery depositions of the arresting officers and the circumstances of the vehicle stop, the state prosecutor dismissed all charges.
A disabled man was returning home by way of the Sarasota-Bradenton Airport after a long flight. The client brought his family car to the airport pickup area to get his luggage and his wife. The airport police confronted the client about where his car was parked, a physical confrontation resulted, and the client was arrested for Felony Obstructing an Officer with Violence. Mr. Dirmann was retained and was able to negotiate a misdemeanor plea for the client with a withholding of adjudication of guilt.
A longtime Sarasota resident and U.S. Air Force Veteran was charged with Aggravated Assault with a Weapon and Discharging a Firearm in Public. After a full investigation of the case, Mr. Dirmann was able to negotiate a plea to a misdemeanor charge of Improper Exhibition of a Firearm with no conviction. The original charge of felony Aggravated Assault with a Weapon was dismissed, and the client was able to obtain an order requiring the police to return all of his firearms that were seized at the time of arrest.
A Sarasota man was charged with selling a large quantity of drugs to an undercover informant. This case centered around several tape recordings of alleged sale and delivery of drugs and the testimony of an undercover informant. Mr. Dirmann was able to locate the informant in Montana and, after taking his deposition, his statements were inconsistent with the taped recordings from the original transactions which caused the prosecutor to agree to a plea, resulting in house arrest and probation rather than a prison sentence for the client.
The client was a young medical professional who was arrested on a felony warrant by a deputy sheriff. The deputy claimed the client committed a felony battery on the deputy by biting him on the hand. The deputy admitted to bench pressing “285 pounds” but claimed he was over powered by the client, a smaller, less physical man. The jury found the client “not guilty” of Battery on a Law Enforcement Officer. The deputy admitted to holding the client by the throat and blocking his airway immediately before the deputy was bitten. This case is a classic example of self-defense. (Client was convicted of Resisting Arrest with Violence.)
A local couple who operated a very popular restaurant had difficulty obtaining workers’ compensation coverages for its employees. As a result, an incident occurred leaving an employee uninsured. This resulted in a criminal investigation of the business owners during which Mr. Dirmann negotiated a pre-trial intervention resolution. Clients successfully completed the diversion program and the charges against the owners were dismissed.
A young high school student who was not a U.S. citizen was charged with felony Possession of Marijuana with Intent to Sell. After investigating and negotiating with the state attorney, the charges were amended to Possession of Marijuana, and the client was permitted to complete a pre-trial intervention program which resulted in all charges being dismissed.
During a little more than two years, a teenage boy sustained three severe traumatic brain injuries resulting in skull fractures, brain hemorrhages and brain damage. As a result of the necessary medical treatment for the head injuries, the teenager was given large amounts of narcotic pain medications. The use of these powerful pain medicines resulted in the boy becoming addicted to narcotic drugs. When the teenager was 17, he was charged with five counts of Burglary of a Dwelling and his cases were transferred from juvenile court to adult court. The burglaries were motivated by his need for drugs. The client was facing an adult guideline score of 10 years in prison. Mr. Dirmann engaged a highly qualified neuropsychologist to review all of the relevant medical and psychological records. After a lengthy sentencing hearing in which the expert witness testified about the nature and extent of the client’s traumatic brain injuries and brain damage, the circuit court judge granted a “downward departure” from the sentencing guidelines. The ultimate sentence resulted in no prison but rather a county jail sentence followed by residential drug treatment and aftercare followed by community control and probation.
A newly arrived student was arrested for theft and felony Possession of Narcotic Drugs without a Valid Prescription. After investigation and review of all of the evidence and facts, the case was resolved by the client entering a pre-trial diversion program. The client successfully completed this program and all charges were dismissed.
MISDEMEANOR CASE HIGHLIGHTS
An out-of-state engineer was working in Manatee County and was stopped by a Bradenton Police Department detective for suspicion of DUI. After a brief investigation, the detective failed to diligently pursue the investigation, but instead called another Bradenton officer to handle the remainder of the DUI investigation. This caused an undue delay resulting in an unlawful detention of the client. Mr. Dirmann filed a motion to suppress all evidence seized by this unlawful detention, and after reviewing the relevant case law, the assistant state attorney agreed to dismiss the charge of DUI against Mr. Dirmann’s client.
A young Sarasota man was stopped by a deputy sheriff on Clark Road for Speeding. The video of the client at the roadside stop showed that his speech, balance and ability to do the requested field exercises were absolutely normal. Despite the client’s cooperation, polite demeanor and passing the field exercises, he was arrested for DUI. Mr. Dirmann was able to reach a stipulation with the prosecutors to keep the client’s breath test out of the case, and after the jury saw the video and heard the cross-examination of the deputy sheriff, they returned a not guilty verdict in less than 10 minutes.
A young Sarasota man trying to enlist in the United States Navy became involved with a young woman in an online chat room. This led to a relationship that resulted in an allegation of Sexual Battery by the girlfriend. After this very serious accusation was made, Mr. Dirmann conducted an independent investigation. This investigation revealed that the accuser had wrecked the client’s SUV by driving it into a lake the night of the alleged crime and she had failed to report the offense immediately to anyone. When a neighbor saw her sitting on the roof of the partially submerged vehicle, she was asked “if she was okay” and she said “I’m just fine.” As a result of these facts being disclosed to the investigating law enforcement officer and the state attorney’s office, the charge of Sexual Battery was never filed and the client completed a short diversion program to resolve a minor misdemeanor.
A longtime Sarasota resident was stopped late at night in front of his house by sheriff’s deputies. He was charged with DUI and had a prior Reckless Driving resulting from an original prior DUI charge. After reviewing the video of the stop and field exercises and taking depositions of the deputies involved, the state attorney’s office reduced the charge of DUI to Reckless Driving.
A Sarasota man was driving home on I-75 and stopped for Speeding in excess of 80 miles an hour. The client advised the highway patrol officers that he had been working at a recording studio and that he was a musician. The three highway troopers requested the driver to remove his glasses and to perform field sobriety exercises. The client had a severe eye condition which required his glasses in order that he have reasonably good vision during these field exercises. Despite not having his glasses on, the client did well on the exercises but was arrested for DUI by the officers. A jury trial was held and the client was found “not guilty” of the charges in less than 10 minutes.
A young Sarasota professional was accused of Battery during a domestic argument over the return of his daughter during the Christmas holidays. As a result of critically important photographs taken by the initial investigating deputy sheriff and extensive depositions of the alleged victim and another hostile eyewitness, the client was found “not guilty” by a Sarasota jury.
A winter visitor was stopped at a DUI checkpoint on Fruitville Road during the holiday season. He was able to produce all of his required paper work and submitted to the DUI field tests and a breath test. The client was arrested for having a blood or breath alcohol level of .08 or higher. The client’s breath test was a .10. The case went to jury trial, and the client was “acquitted” based upon his ability to walk, talk, and perform the field sobriety exercises.
A local fishing captain was stopped based upon the word of his ex-girlfriend. The police believed the word of the client’s ex-girlfriend who claimed that he had too much to drink. The videotape of the client’s field exercises showed that he did have possession of his normal, mental, and physical faculties. A jury trial was held and the client was found “not guilty” of all charges.
A Sarasota cattle rancher was accused of Animal Cruelty when a number of his cattle were discovered dead and in an emaciated condition by a local serviceman. After engaging Mr. Dirmann, experts in the field of veterinarian medicine and other experts in cattle ranching and husbandry were retained, and it was demonstrated that the rancher had engaged in good animal husbandry practices at all time and was therefore immune from prosecution under Florida Statute 825.125(5), that the animals were old and maintained on the ranch for sentimental reasons, that the animals had been stressed by the worst drought in recorded history in Southwest Florida and that the most likely cause of death of the cattle was an insidious infection called Johne’s disease. All criminal charges against the client were dismissed.
A Sarasota woman was charged by the City of Sarasota police with DUI with Property Damage and Personal Injury. After a review of the facts of the case and the manner in which the police investigated the case, all charges were dismissed against the client.
A former navy veteran and winter resident got into an argument with a local doctor. The doctor took the first swing and then wanted to press charges. After all of the finger pointing, the state prosecutor dismissed all charges against Mr. Dirmann’s client.
An out-of-state attorney and businessman got into an argument and then a physical confrontation in an upscale bar and restaurant on St. Armands Circle. After a full investigation into the facts and allegations, the charge of Battery was dismissed.
A navy veteran who had service connected disabilities was charged with Leaving the Scene of a Property Damage Accident. After an investigation by the Florida Highway Patrol and the deposition of the driver of the other car, the State Attorney’s Office dismissed the charges against Mr. Dirmann’s client.
A retired Sarasota businessman experienced marital conflict resulting in a charge of Domestic Battery. After a complete investigation which disclosed a lack of any physical injuries to corroborate the charges, the state attorney’s office declined to file any criminal charges against Mr. Dirmann’s client.
A young local professional man was involved in an argument and fight with one of his friends. The police were called and, as a result, the client and his friend were arrested and charged with Battery. After being retained, Mr. Dirmann was able to negotiate a dismissal of all charges against his client.
A young Sarasota man became involved in a road-rage incident. The client was charged with Battery on the other driver. As a result of pre-trial negotiations, the case was resolved by a pre-trial intervention program and the charge of Battery was ultimately dismissed.
A Bradenton man was charged with DUI, 3rd offense, in Manatee County. After an extensive investigation into the case by Mr. Dirmann, the state prosecutor reduced the charge to Reckless Driving.
A Manatee County business woman was charged with DUI while driving home from a dinner meeting. After reviewing all of the breath test machine records, discrepancies were found and the state prosecutor agreed to reduce the charge to Reckless Driving.