PLEASE NOTE: The cases that I proudly make mention of on this web site were all handled by me and are true and accurate accounts of what transpired. There is not even a whiff of exaggeration. I cannot provide any identifying information regarding these cases because that would not be in compliance with my ethical duties as an attorney. Moreover, this office has the utmost respect for the men and women in blue and none of what is written here is an indictment of them. We all owe law enforcement a great deal of gratitude for risking their lives daily in order to keep us safe and secure.
My law firm has been fighting in the trenches for its clients even during the pandemic. Over the next couple of days, we will highlight some of the exceptional results we have obtained and what you will read involves the truth, the whole truth and nothing but the truth. There is no embellishment. I cannot provide names and case numbers because that would be a violation of my ethical duties.
Let us start with a live in person hearing we had yesterday involving a Petition for a Restraining Order against my client who is a wonderful father and a great guy. The Wife filed for this restraining order based on claims of domestic violence and got a judge to sign off on a temporary restraining order ex parte (without my client even having notice). As a result, my client was actually removed from his home. The case was set for final hearing and I was then retained.
The client and I reviewed the allegations of the petition and he provided me with all relevant texts, emails, photos, and other info. I spent much of my Memorial Day Weekend preparing. Not only were most of the wife's allegations utterly false but virtually all of them did not meet the legal requirements for the issuance of a domestic violence restraining order.
Guess what? They were going through a divorce and they have 3 kids. By seeking the restraining order, the wife got the husband removed from the marital home and he was prohibited from even going near his children. The wife was using the domestic violence statute as a weapon not a shield.
At the Final Hearing, I was able to impeach the wife on virtually everything she said. She tried to allege things not in her petition but I objected, and my objections were sustained, because the case law says that such testimony is inadmissible. And, my harmless client took the stand and just told the truth. I know the case law pretty cold on this subject and argued the wife and her lawyer did not come even close to meeting her burden of proof which is a preponderance of the evidence.
The Judge found that the Petitioner has credibility issues, that the burden of proof was not met, and she denied the petition for a restraining order. My client went back to the marital home yesterday afternoon and enjoyed lots of quality time with his children. Justice was served - he is a guy who would not even hurt a flea. The petition was a farce, but often times people who are unrepresented or who hire incompetent counsel, get long term or permanent restraining orders entered against them. These restraining orders are tremendously injurious to one's reputation, restrict one's freedom of movement, cause embarrassing scenes at airports, and deprive the citizen of gun rights, etc.
The Law Office of Edward J. Kone frequently handles Restraining Order cases and offers high quality representation for reasonable fees.
We recently received a Notice of Voluntary Dismissal on a Petition for a Restraining Order against my client, a lovely civil servant. Her husband has been mentally abusing her for years and just recently got her arrested for alleged Domestic Violence against him. In association with the arrest, my client was ordered to have no contact with her husband and 2 minor children. Then, on top of that, he filed a Petition for a Restraining Order. And, oh by the way, this is in the context of a divorce. What a surprise. I jumped on the cases from minute one obtaining the 911 tape, the husband's recorded interview, all of the police reports, and a background check on the husband. I also obtained very damaging evidence as to his abuse of the children, etc. I filed a Motion to have all of the No Contact Orders lifted and prevailed. I spent many hours dealing with the State Attorney's Office and basically laid out my case - something I usually refrain from because it could hurt me in a potential trial. The prosecutor and her supervisor were ultimately persuaded and the Domestic Battery charge was Nolle Prossed (dismissed) based on No Reasonable Likelihood of Conviction. Of course the Judge had no say in the Dismissal which is what always happens consistent with our Constitution - unless of course you are a 3 Star General like Mike Flynn and are before a Judge who thinks he is the prosecutor.
However, this did not stop the husband from continuing to pursue a Restraining Order against my client. But after 2 Hearings and our bruising response to his Motion to Allow Child Testimony, the husband folded his tent. He dismissed the case so there will be no Final Hearing next week. It was a wise decision because he knew he was going to get hammered and because his perjurious testimony would be used as a weapon against him in the pending divorce case. My client's life is restored, she is with her kids constantly and she deserves it big time.
Low Impact Personal Injury Case
I recently settled a personal injury case for 25K despite the fact that there was only $600.00 in property damage, the client had a prior accident with similar injuries within the last 5 years, and there were big gaps in her medical treatment. We then drastically reduced the doctors' bills and the client put some real good money in her pocket. The client was ecstatic.
Nolle Prosses (Dismissals) of Felony Drug Possession Case in Broward County
I recently received a telephone call from a prosecutor who said she was going to Nolle Prosse (dismiss) a Felony Drug charge (Possession of Fentanyl) and 2 Misdemeanor drug charges. This was on the eve of a Suppression Hearing that I scheduled pertaining to the issue of whether my client legally consented to the search of his vehicle. The case started out in Drug Court but I convinced a reluctant client to not take that deal because there were real issues as to whether he freely and voluntarily consented to the search. The prosecutor ultimately agreed with the positions that I took in my Motions and the case law submitted in support thereof and now the case is over with my client getting off scot free. We jumped on the case right away, obtained the bodycam videotape, researched and filed the Motions timely, and we then prevailed. It should be noted that very early in the case, I got 2 the State Attorney's Office to not file 2 other Felony drug charges associated with the arrest. The client already went into rehab on his own and is doing quite well. We aim to win not to make deals and make friends.
DUI Dismissals In Broward County (4 in a Row)
I recently appeared at a Hearing in Fort Lauderdale in which the Office of the State Attorney announced a Nolle Prosse (dismissal) of my client's DUI case. It was a case involving a very bad one car collision. The police investigated the accident, then conducted a criminal investigation for DUI and then arrested my client. Breath and blood results were obtained. I filed several Pre-Trial Motions to Suppress Evidence and the Judge saw fit to grant one of my Motions on the basis of there being no Reasonable Suspicion to conduct a criminal investigation. As a result of the Judge's ruling, all of the evidence obtained from the point of the illegal detention on forward was thrown out as being the "fruit of the poisonous tree". This suppressed evidence included all observations, statements, and test results, etc. The police are not allowed to detain any citizen without reasonable suspicion and the consequences of an unlawful detention are that the evidence gets thrown out. Prior to the Hearing, the prosecutor had offered a plea bargain entailing the charge be reduced to Reckless Driving, no conviction and probation with several conditions. My client was very inclined to take the proposed plea bargain but I recommended against it. He took my advice, the whole DUI case has been dismissed and my client is moving on with his life. He wants to go into the Ministry. Again, we really strive to win every case not just dress up nice, make friends and do deals.
In another recent Broward County DUI case, my client was behind the wheel in an entranceway to government property and was very severely impaired. I filed a Motion to Suppress which the Judge granted on the grounds that the police officers conducted an illegal investigatory stop without requisite reasonable suspicion. This case was very fact specific and the arresting officer was forced to admit on cross examination that he did not observe any indicia of impairment prior to the investigatory stop.
In another recent Broward DUI case, I filed a Motion to Suppress all Evidence on the Basis of No Probable Cause to Arrest. At the Suppression Hearing, I grilled the Officer on cross examination about the huge discrepancies between his Police Report and the videotape. The Judge ultimately ruled that the prosecutor did not prove probable cause by a preponderance of the evidence (that is the standard in a Suppression Hearing, all of the evidence was excluded, and the prosecutor was forced to Nolle Prosse (dismiss) the case. The client was a fine young man who never should have been arrested in the first place.
In another recent Broward County case which the prosecutor is currently appealing, my client was asleep in his vehicle with the engine on while parked off of I-95. The prosecutor argued that the BOLO (be on the look out) was valid and that the police officer's opening the door was part of his "community caretaking function." However, I severely impeached the police officer as to what steps he actually took before entering the vehicle and I strenuously argued that based on this factual situation and consistent with the case law, the police officer did not have the legal right to enter the vehicle. The Judge granted my Motion, he throw out all of the evidence, the State filed an Appeal and an Appellate Brief, and we filed an Answer to that Brief. We are awaiting the ruling from the 3 Judge Circuit Court panel. The great news is that the trial Judge made several factual findings and his ruling goes before the Appellate panel clothed in the presumption of correctness.
Driving While License Suspended Dismissal
Very interesting recent case wherein my client received a Florida Uniform Traffic Citation for Driving While License Suspended. My client could not reinstate his driving privilege before the Hearing (was suspended for a serious matter) so I walked into Court with my client's license still being suspended. When I talked to the Police Officer before the Hearing, I asked him what the basis was for the stop. He could not remember and so this case was dismissed. Always play to win.
High Speed Dismissal
I recently got a client's speeding ticket for 92 in a 65 dismissed. I pointed out to the Trooper the problem that I had with his case, he agreed, and then did the right thing by dismissing the charge. It is a big advantage when your attorney has forged excellent relationships with the many of the men and women in blue and can approach them and reason with them.
Violation of Traffic Control Device Dismissal
Just yesterday, I attended a Final Traffic Hearing on a Violation of Traffic Control Device case. The ticket (charging document) was legally insufficient due to a lack of details. I discussed this with the police officer before the Hearing and I showed him a Circuit Court case in that County supporting my argument. The police officer then dismissed the case. Oh by the way, the case I showed him was a case that I took up on appeal and won - 3 Circuit Court Judges sitting in an appellate capacity agreed with my argument that the ticket was legally insufficient and overturned the Traffic Hearing Officer's decision.
Recent Accident With Injury Cases (Dismissals)
I recently had a Final Traffic Hearing in an accident case with alleged injuries. Accident cases with injuries are required to be assigned to judges. There was a discrepancy in the civilian witnesses' testimony regarding whether he actually saw my client while he was at the stop sign. When the police officer tried to testify, I objected on hearsay and other grounds and my objections were sustained. The Judge found my client Not Guilty. We were hunting for a win and not a deal and we got the win.
I was retained to represent a veteran attorney who had the misfortune of being in an automobile accident with a woman on a bicycle. Even though there was a liability (fault) issue, it was not clear and I did not want to base my defense on that. Instead, I made the legal argument that the police were not legally authorized to issue a traffic infraction on that particular street. I presented some great case law from the Circuit Court of that particular County and from the 4th DCA. The Judge grudgingly granted my Motion for Judgment of Acquittal - he followed the law although not ecstatic about doing so. We do not like to just settle up/plea bargain cases but rather we really strive to win cases outright. We work diligently, prepare hard, and are not afraid to go to Trial.