Recent Victories
Name: Federal Criminal Charge of Possessing False documents
Facts: This was an unusual case where the Defendant was charged with applying for a passport with a false birth certificate and possessing a false birth certificate. After case law research and discussions with the AUSA on the matter, Defendant plead that case to 4 months with credit for time served. 6 months later they file a new case of filing for a Social Security card and Driver's License with a fake document, as well as lying on a federal application to wit: the social security application. Criminal Lawyer Bradford Cohen, made the argument during the sentencing of the first case that any cases that natural would flow from that case should be brought at the same time or the Defendant would not plea. The AUSA at that time agreed on the record and the Judge also had a discussion in regards to new cases that would include relevant conduct. In this new case, Bradford argued that it should be dismissed as it included relevant conduct of the first charge.
Result: This is a case where the AUSA should be commended for his diligence and resolve in seeing through the crap and doing what is right. An Order of DISMISSAL was signed by the Judge DISMISSING all charges connected to this new case.
Name: State of Florida vs. K.C.
Facts: Fort Lauderdale Police Officers stopped a vehicle after it almost hit a cruiser while backing up. The driver was arrested for the criminal charge of Driving While license suspended and DUI. The passenger was asked to get out of the vehicle and then questioned as to the contents of the automobile. She stated "there is a large amount of money hidden in the center console from my tips this weekend." She also stated that she owned the vehicle. Search of the vehicle incident to the arrest of the driver revealed a large amount of money in the center console with marijuana under it. She was then arrested and read Miranda. She was then asked whose marijuana was it found in the console. She allegedly replied that it was her's and not the driver's. She was arrested and charge with the Criminal offense of possession of a controlled substance. Criminal Defense Attorney Bradford Cohen, filed a Motion to Suppress the statements made to the officer prior to Miranda and after Miranda based on an illegal detention and interrogation.
Result: Motion to Suppress GRANTED. The case was dismissed due to the inability to prove custody and control of the drugs.
Name: State of Florida v. R.R.
Charge: Criminal Violation of Probation
Facts: Defendant's original trafficking case had 3 year min man. of Florida State Prison. After Criminal Lawyer Bradford Cohen discovered blatant lies in the officers testimony, and filed a Motion to Suppress, the State broke down the criminal charge to attempted trafficking and offered 3 years probation. While on probation, an anonymous tip, later purported to be his father in law (a convicted felon for armed trafficking) told probation that the Defendant living at a different address then the one listed and that he had firearms in the house. Later that same day several probation officers and police knocked on the door of the house the tip told them he was living in, and conducted an administrative search. Inside that home they found a shotgun and shotgun shells. They arrested the Defendant and violated his probation. Bradford immediately filed for a bond hearing. At the bond hearing he presented case law concerning constructive possession, and testimony to show the bias of the witnesses involved. The Judge granted him bond and he was released. Probation attempted to "rearrest" him later that day by filing an amended warrant adding the shotgun shells. Bradford went before the court on an emergency motion within hours and had him released once again.
After reviewing the facts, Bradford gathered all the evidence and filed a Motion to Suppress the search of the home and a Motion to Dismiss the shotgun shells violation. Typically, a probationer consents upon sentencing to allow probation to conduct administrative searches of their residence without a warrant. This case was unique because we were asserting that it was not his residence. There was testimony that there were bills in his name at this residence and that he owned the apartment. Further, there was no provision in the orders of probation prohibiting ammunition. At the hearing the probation officer was positive they would be winning the Motion and offered the Defendant a Florida State Prison sentence.
Result: The Judge DISMISSED the ammunition charge prior to the Motion to Suppress being heard. The Judge then GRANTED the Motion to Suppress. The Defendant is now moving for early termination of probation. I'm sure probation will think next time before filing frivolous violations based on unreliable, unchecked sources.
Name: State v. K.R.
Charge: Felony Driving Under the Influence, DWLS, and a Second Refusal
Facts: Defendant was charged with his 3rd DUI, DWLS and a Second Refusal to submit to a breath test. Depositions were taken and the case was prepared for trial. Bradford suggested that the Defendant got to trial. The State's offer was a year and 1 day in Florida State Prison. That offer was rejected. He was facing up to 7 years in prison if convicted on all counts.
Result: On the day of trial, while the jury was waiting to enter the courtroom the State offered time served (2 days) on all charges to run concurrent.
Name: State of Florida vs. M.M.
Charge: Felony Possession of a Controlled Substance
Facts: This client was the same criminal client that we obtained a NOT GUILTY for 2 weeks ago after a jury trial on an Aggravated Assault with a firearm on a Law Enforcement Officer. In this case, another Fort Lauderdale Police Officer pulled over my client for "illegal tints" he then stated that my client welcomed a search of his car. Upon searching the vehicle the officer testified that he found a bag of marijuana containing over 20 grams, and then arrested the Defendant. I put my client on the stand that told a completely opposite story. He stated he never gave the officer permission to search.
Result: The Judge found the officers testimony unreliable and GRANTED the Motion to Suppress. The case was DISMISSED.
Name: State v. Rob Van Winkle aka Vanilla Ice
Charge: Battery Domestic Violence
Facts: Rob was charged in Florida with the crime of one count of Misdemeanor Battery stemming from an incident involving his wife. There were statements taken of witnesses by Bradford that indicated that it was only a verbal altercation. All evidence was presented to the State Attorney's Office.
Result: Case Declined. The State Attorney declined to file charges against the Defendant.
Name: State v. D.F.
Charge: Felony DUI
Facts: Defendant was alleged to be speeding up and down a street in a residential neighborhood in Florida. The police pulled him over for initially the crime of reckless driving and speeding. They then smelled the odor of an alcoholic beverage emanating from the Defendant. He performed poorly on the roadside exercises and then refused to blow. He was charged with a 2nd refusal, a felony DUI and multiple citations.
Result: On the day of trial the State tried to get the Defendant to plea. Bradford advised the client not to take the plea. Before a jury was picked the State DISMISSED all charges against the defendant, for lack of evidence to proceed.
Name: State of Florida vs. A.N.
Criminal Charge: Possession of Controlled Substance and Paraphernalia
Facts: This individual came to us because he was going to be deported due to the above referenced crimes. We filed a Motion to Withdraw his plea based on the failure to advise him of his immigration consequences. At the first hearing the Judge DENIED the Motion saying that there was enough evidence to prove he knew of the consequences. Subsequently, we filed a Motion for Rehearing with additional case law and memorandum of law detailing why the first ruling was in error.
Result: The Judge GRANTED the rehearing and REVERSED his prior decision. The plea was withdrawn and the Defendant is no longer subject to deportation.
Name: State v. J.J.
Charge: 4 Counts of 1st Degree Attempted Murder with a Firearm
Facts: This was a difficult case Miami Dade Criminal Case, involving 3 very badly wounded victims. The Defendant and several of his friends were alleged to have gone to a gentleman's club. This particular club has been known for violence in the past. Once inside the club one of the individuals with the Defendant began to smoke a joint. Seeing this the Bouncers attempted to throw him out. In the process they began to violently shake and hit the individual. A fight breaks out in the parking lot. The allegations are that the Defendant then goes to his car retrieves a .45 caliber auto handgun and opens fire on the crowd of bouncers. One of the bouncers was hit in the knee cap, one in the abdomen, one in the leg and one in the elbow. Two of the individuals the Defendant was with "flipped" and gave statements implicating him as the shooter. Originally, the Defendant had no bond on the matter. This was a LIFE FELONY that was charged.
Result: Bradford was able to get the Defendant a bond within one week of the arrest. After discovery the State Attorney broke the charges down to 3 counts of Agg. Battery with a firearm and agreed to a NON-JAIL SENTENCE. (probation and/or community control) along with 150 hours of Community Service.
Name: State v. K.J.
Charge: DUI Drunk Driving
Facts: Defendant pulled over for speeding and erratic driving. DUI task force officer smelled alcohol on the Defendants breath. Asked the Defendant where he was coming form and how much he had to drink. Response was a bar and a few beers. He also asked the defendant if he was on any medication. Defendant responded that he ingested some prescriptions pills a few hours ago. He went on to fail all roadside exercises. He refused to provided a urine and breath sample. He called Fort Lauderdale Criminal Defense Lawyer Bradford Cohen within 2 days of his arrest.
Result: No administrative loss of license at the administrative hearing. After depositions and review of the tape with the State Attorney, a lesser charge of Reckless Driving was offered with no judicial loss of license and no impounding or immobilization of the vehicle.
Name: State vs. M.M.
Charge: 2 Counts of Aggravated Assault on a Law Enforcement Officer with a firearm to wit: a Glock 23 .40 Caliber 3 year Minimum Mandatory in Florida State prison up to 15 years for each count if Convicted.
Facts: Officers arrive on the scene of an alleged domestic dispute. During the investigation the Defendant approaches the Officers and gets in a verbal dispute in regards to them arresting his brother. The Defendant proceeds to call the Officers "crackers" and tells them to get off his property. The testimony from the Officer's is that he then goes inside the home. Within a minute the Officers claim to hear the racking of a gun. They then say the Defendant emerges from a side door and points a Glock semi auto directly at them. After some time they order everyone out of the house and place the Defendant under arrest. They search the home and find a Glock 23, .40 caliber pistol in a room on a nightstand.
Bradford successfully attacked the credibility of the officers by impeaching them with their prior statements and pointing out the obvious lies in their testimony. The cross examination at one point was so heated that it lead one officer to ask Bradford, "have I done something personal to you to deserve this?"
Result: After a JURY TRIAL the verdict was NOT GUILTY of all Counts.
Name: State v. C.B.
Charge: DUI
Facts: Defendant was followed for apprx. 3 blocks. Defendant observed weaving inside her own lane, then crossing the yellow solid line to the left of the vehicle almost striking a curb. Officer activated his overhead lights and Defendant failed to pull over. He then got on his loud speaker and instructed her to stop. Subject then failed the roadside exercises and was asked to take a breath test. Subject complied with breath test request and blew a .127 and a .124. Bradford pointed out the descrepencies in the testimony and the video, as well as the case law regarding the stop.
Result: Motion to Suppress GRANTED. Case DISMISSED.
Name: State v. C.W.
Charge: Possession of a controlled substance, child neglect, resisting w/o violence, tampering with evidence.
Facts as alleged: Officer sees a car parked in a dead end street, pulls up next to the car and gets out of the car. The driver makes a "furtive movement". The officer pulls his weapon on the Defendant orders him out of the car. When he gets out of the car the substance falls to the ground, the defendant tries to eat the substance and resists the attempts of the officer to retrieve the substance. There was a minor child in the vehicle. Bradford files a motion to suppress indicating that the initial stop was illegal.
Result: Motion GRANTED. Case DISMISSED.
Name: State v. M.G.
Charge: Carrying a Concealed Weapon
Facts: Defendant was accused of carrying 6 brass knuckles onto an airplane at the Fort Lauderdale International Airport. The testimony was that he placed a bag onto the X-ray machine and it was discovered under some clothes in his bag. They took him to a separate room where he was asked if he owned the knuckles to which he replied in the positive. He was on his way back to Jamaica. Bradford raised the issue of actual and constructive possession of the bag where the knuckles were found.
Result: The matter was set for TRIAL. After Trial the Defendant was found NOT GUILTY.
Name: State v. A.A.
Charge: Battery
Facts: While on a cruise the Defendant was in an altercation with cruise ship security. This was due to the way they were treating his son and the physical and verbal abuse his son received at the hands of the cruise ship security. There were many issues that surrounded the case in terms of jurisdiction and eye witness testimony. Bradford announced ready for trial the first time up and pointed out the weaknesses in the State's case.
Result: On the day of Trial the State DISMISSED all charges.
Name: State v. N.B.
Facts: This is the Defendants 2nd DUI within 5 years. She was looking at a minimum of 10 days in jail up to a year. She failed the roadside exercises, according to officer and subsequently failed the breath test, blowing over a .08. The testimony of the officer in regards to her performance on the roadside exercises corresponded to the video tape provided to the defense. Bradford attacked the method and manner of the traffic stop. A Motion to suppress was filed.
Result: Motion to Suppress GRANTED. The State did not appeal. Case DISMISSED.
Name: State v. K.A.
Facts: Deputies allegedly saw Defendant stuff a baggie with several smaller baggies into his pants. The Deputies searched the Defendant and found a large baggie containing several smaller baggies of suspect cocaine. He was arrested and charged with possession with intent to distribute.
Result: Motion to Suppress filed and GRANTED case DISMISSED by the state, no appeal taken on the victory by the defense.
Name: State v. Z.K.
Charge: 2nd Degree Grand Theft, Operating without a Car Dealers License
Facts: Broward Sheriff's Office investigated Defendant for allegedly tampering with Odometers. They arrested the Defendant on approximately 50 Counts. After speaking with the State Attorneys Office only 3 Counts were actually filed on the Defendant. Bradford announced ready for trial on the remaining three counts.
Result: On the day of trial the State DISMISSED the charges pending against the Defendant.
Name: State v. A.G.
Charge: Trafficking in Cocaine and MDMA
Facts: Officers responded to a domestic dispute. Officers testified that the women who answered the door looked to be calm. They ask to see her boyfriend and she goes up the stairs to get him. The officers follow her up the stairs and in plan view they see a scale, a bag of cocaine and a bong. They seize the items, and eventually search the room and find trafficking amounts of MDMA and another baggie of Cocaine. They allege that the Defendant gave them permission to search and signed a consent waiver form to search. Bradford files a MOTION TO SUPPRESS based on the lack of probable cause to search the room and alleges the waiver to search was signed after the search was conducted. During cross examination it is revealed that there is a conflict in testimony between the officers. Further, they failed to label which baggie of cocaine was found in which location.
Result: MOTION TO SUPPRESS GRANTED the trafficking amounts of drugs were suppressed.
Name: State v. N.G.
Charge: VOP (Violation of Probation)
Facts: Defendant a non US citizen was charged with a violation of probation for failing to repay over $200,000 in restitution and failing to inform his probation officer that he had moved. Defendant served a jail sentence to be followed by a term of probation. Defendant called Bradford from Germany. He had to come back to the US as his wife was very ill, but he could not with the warrant out for his arrest. Bradford filed an Emergency Motion to Dismiss the Warrant, based on a letter that the Department of Homeland Security sento the Defendant indicating that they were going to deport him unless he left the country after his prison sentence. Essentially, the Motion to Dismiss asserted that the State could not prove the violation was a willful one.
Result: Luckily, the Defendant had a judge that recognized the seriousness and importance of this matter and set the hearing within 2 days. After careful review of the facts, the Judge GRANTED the MOTION TO DISMISS, the warrant and the Defendant was free to come into the country with the proper paperwork to be at his wife's side for surgery.
Name: State v. G.S.
Charge: Trafficking in Cocaine and Marijuana to wit: a kilo of cocaine and 4 lbs. of marijuana
Facts: Defendant was charged with Trafficking in Cocaine and Marijuana. The substances were allegedly found in her house, in her bedroom, inside a closet. The State introduced testimony of the lead investigator who stated that they ran surveillance on the home and saw the Defendants entering and leaving the home over a three week period. In addition the investigator stated he found mail belonging to the Defendant in the room, and ID belonging to the Defendant. The min. mandatory on the case was 15 years F.S.P., the state offered 7 years Florida State Prison to the Defendant. Bradford and his client rejected the offer.
Result: JURY TRIAL, after the State rested their case, Bradford argued that they had not met their burden of proof to the Judge. The Judge based upon the evidence presented before her granted a DIRECTED VERDICT in favor of the Defendant.
Name: State v. G.G.
Facts: Defendant was charged with Aggravated Battery. The victim was alleging that he was beaten with a glass bottle by the Defendant. Three (3) of his front teeth were knocked out, there was a lateral 2-3 inch cut on his forehead which required stitches, and he had numerous facial abrasions. The matter was set for a JURY TRIAL. The State called the victim, the Detective, the EMT officer, the responding Officer, and the victims treating Dentist. The victims story was inconsistent with the factual evidence as well as his previous statements. The Detective interrogated the Defendant for an hour and half, using inappropriate and profane language during his interview. Bradford then grilled the Detective for over and hour and half on his lack of investigation, his failure to follow leads that could have exonerated the Defendant and the Detective's interrogation "techniques".
Result: After 15 minutes of deliberation the JURY returned with a verdict of NOT GUILTY.
Name: State v. R.R.
Facts: Defendant was charged with trafficking in MDMA. The MDMA was found in a vehicle Defendant was driving, and the container holding the drugs had the Defendants fingerprints on it. He was looking at a 3 year min man on the charge with a max sentence of 15 years. The Officers at deposition were caught in multiple lies and conflicts in testimony with each other. The Officers stated they never met the Defendant before, Bradford request incident reports that showed the lead officer had contact with the Defendant multiple times. Additionally, the employee files were pulled on all Officers involved. The lead Officer had a prior crime of dishonesty on his record. The lead Officer stated he smelled burnt marijuana in the vehicle. The responding K-9 officer stated that he did not smell burnt marijuana. One Officer was a rookie and the deposition taken was the first in his career. After swearing multiple times to a certain fact that was crucial to the case, Bradford finally broke him, and he admitted he was not sure of the fact. The matter was set for a Motion to Suppress.
Result: At the Motion to Suppress the Officers insisted on going forward and not giving the Defendant a deal. Yet, due to the facts of the case, the strength of the evidence and the total lack of credibility of these officers, the matter was broken down before the Motion and the Defendant was offered 36 months of probation.
Name: State v. R.S.
Charge: Trafficking in Cocaine This was a multiple Defendant Trafficking case. The State alleged that the whole family was part of an organized trafficking ring. Defendant had priors for Trafficking in Cocaine. Police served a search warrant on 3 homes and took a total of 3 kilos of cocaine and a pound of marijuana from the homes. Police found a kilo in Defendants bedroom under her pillow. Defendant was looking at mandatory prison minimums. After reviewing the case with the prosecution deficiencies in the case were discovered.
Result: Defendant received 24 months probation. Early terminated after 12 months.
Name: State v. A.M.
Charge: Trafficking in Marijuana Defendant and her boyfriend were sleeping downstairs, in a home that contained over 50 plants of marijuana. The marijuana was in a sealed room upstairs. Police obtained what the defense alleged was an illegal warrant to search the home. Defendant hired Bradford Cohen, soon after the initial arrest. Our offices immediately contacted the Prosecution and discussed the case and the deficiencies in the case.
Result: Prosecution declined to prosecute case. Case Dropped.
Name: State vs. P.M.
Facts: Defendant was charge with Felony DUI and Felony Driving on a Suspended License, it was his 9th DUI and was driving on a permanent license suspension. He scored over 5 years at the bottom of the guidelines. He was unsteady on his feet and could not perform the roadside exercises. The drew two sets of Blood tests one for the legal blood and one for the medical blood, as he passed out at the police station. The blood draw listed his blood alcohol at a .28 more then 3 times the legal limit. A motion to suppress was filed siting state misconduct.
Result: Motion to Suppress GRANTED. Defendant received a time served sentence.
Name: State v. A.F.
Facts: Defendant involved in a car accident causing $3000.00 dollars worth of damage to the other car. He had a strong odor of alcoholic beverage, blood shot watery eyes and slurred speech. Officer indicated he did poorly on the roadside exercises and was arrested for DUI, Driving While License Suspended, No vaild DL, and Careless driving. Discussed the case with the State attorney pointing out the weaknesses in the case in regards to accident report privilege and problems with a "wheel" witness.
Result: DUI was reduced to a reckless driving with no loss of license, all other charges were dismissed by the state.
Name: State v. A.D.
Charge: DUI Defendant stated on video tape he had just ingested a controlled substance.
Officer with over 20 years experience testified he believed Defendant to be impaired as he failed the roadside exercises.
Outcome: Jury Trial NOT GUILTY on all counts.
Name: State v. R.P.
Charge: DUI Defendant failed the roadside exercises. Deputy testified that the Defendant ws driving in a manner that almost caused a accident on a roadway.
Outcome: Jury Trial NOT GUILTY
Name: State v. M.N.
Charge: Aggravated Battery deadly weapon. Defendant a 40 year old male was accused of cutting a 15 year old unrelated male with a box cutter. Self defense was raised.
Outcome: Jury Trial NOT GUILTY
Name: State v. J.V.
Charge: Possession with Intent to distribute. Defendant was stopped with a friend in a parking lot. Search of the Defendants person revealed 2 lbs of marijuana in a shoe box defendant was holding. Defendant stated he thought there was something else in the box.
Outcome: Motion to Suppress GRANTED. Case DISMISSED
Name State v. S.H.
Charge: Possession of cocaine and paraphernalia. Female Defendant stopped and searched. On her person was found an alleged crack pipe and crack cocaine. She was scoring 30 months in Florida State Prison at the bottom of the guidelines.
Outcome: Motion to Suppress filed. State offered a withhold and short term of probation the day of the Motion to Suppress.
Name State v. T.M.
Charge: Possession of marijuana and paraphernalia. Defendant was stopped on a roadway and searched. Officer testified he smelled the odor of burnt marijuana coming from the car.
Outcome: Motion to Suppress GRANTED. Case DISMISSED.
Name: State v. J.H.
Charge: Violation of Probation on two prior cases and a new charge of Attempted Burglary. Defendant was scoring a min. of 55.8 months Florida State Prison on his new charge and the VOP. Before the VOP hearing a deposition of the victim in the new case revealed that he was lying about certain prior convictions on his record. Day of the VOP hearing the State offered to reinstate probation, modified to drug offender probation, with credit for time served on all three cases.
Case: Petition to Reconsider Denial of VISA application.
Facts: Applicant a 20 year old native of Honduras who entered the US on April 11, 2006 on a B-2 Visitor Visa. On July 27th, 2006, the applicant filed the application requesting a change in her nonimmigrant classification to F1 student.
The application was denied August 9th, 2006.
She presented herself to the Office of Bradford Cohen Law, who filed a motion to reopen and reconsider September 8, 2006, outlining the evidence to be considered.
Although very infrequently granted, after review of the entire record, and our presentation of additional evidence, the denial was reversed and the Motion was GRANTED
Result: F1 status change APPROVED
Client: O.M.
Facts: Client came to the office with immigration problems because he plead to a 1996 DUI in Lee County, Florida. Immigration wanted to deport him due to the adjudication on his record. We filed a Motion with Lee County, to withdraw his plea that was over 12 years old. We also investigated the 12 year old case and found valid defenses to his breath test.
Result: Case is reopened and the Judge allowed him to withdraw his plea from over 12 years ago. Client is now not facing deportation and is applying for his citizenship.