Home / Pembroke Pines Husband and Wife Duo Beat Assault with a Deadly Weapon Charges
DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.
Pembroke Pines Husband and Wife Duo Beat Assault with a Deadly Weapon Charges
Summary:
A husband and wife duo in Pembroke Pines were arrested on Assault with a Deadly Weapon charges. After Attorney Scott thoroughly investigated the case, the prosecutor dropped all charges against the husband and wife.
Facts of the Case:
Our clients were a married couple living in Pembroke Pines who were facing Assault with a Deadly Weapon charges because of road rage incident. The incident started while the clients were driving down a road close to their home. As the husband was driving, another vehicle made an improper left turn, cutting in front of him. The client then honked his horn a few times, which ultimately lead to the other vehicle, the alleged victim in this case, brake checking our client. This caused the client to roll down his window, and curse at the individual who brake checked and illegally cut him off.
The alleged victim and our clients then stopped in the middle of the road and began recording each other. However, the alleged victim mistook our client’s phone for a gun. They continued driving down the street, yelling profanities at eachother, until our clients finally arrived at their home. The clients forgot about the incident until the next day, when police officers arrived at the husband’s home to arrest him. They also informed the husband that his wife had also been arrested. The wife was neither questioned nor Mirandized regarding the incident. The husband was the only individual questioned, although the lead detective on the case informed the clients that he supposedly had six witnesses in the case.
Process and Result:
In this case, Attorney Scott Simmons set up an over-the-phone strategy session to discuss the clients’ cases, and develop a plan for proceeding through the various stages of the criminal justice system. After listening to the facts of the case, Attorney Scott believed that it was quite possible to convince the prosecutor not to file charges.
Upon nailing down the facts of the case during the strategy session, Scott noticed many discrepancies between statements made by our clients and statements made by the alleged victims. First, the purported victims stated that at one point, they got behind our clients. However, on the police report, the tag they gave the police officers was incorrect. This doesn’t make sense, considering the victims had been recording the whole time and should have a record of our clients’ license plate number. Second, the vehicle description was incorrect, and matched the clients’ son’s vehicle, which was parked at the clients’ home. Third, the report also states that the victims supposedly asked our clients to meet with them, which was untrue. Since the alleged victims knew where the clients lived, it would have been incumbent upon them to seek our clients out for an amicable resolution to the incident, which they did not.
Final Result:
After reviewing all of the information and discrepancies, Scott presented his findings to the prosecutor. The prosecutor recognized the various holes in their case, and promptly chose not to file charges against the client. The clients were happy that they would not spend time in jail or have a criminal record. Without Scott’s careful attention to detail, this result may not have been possible.