fort lauderdale criminal defense case results

Every criminal case is unique. We never make promises about the outcome of your case, but we share some of our recent case results here to give clients a better idea of how the process works and what you may be able to expect when you hire our experienced criminal defense attorney.

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.

Unfortunate Error Results in Death of Family Member - Client Charged With Manslaughter, Sentenced to Probation Thanks to Criminal Attorney Robert Malove

Unfortunately tragedy and sad circumstances and events come across my desk more than I can count. Recently, I was retained to represent a 24-year-old Georgia woman who was on vacation in Miami Beach over the Memorial Day weekend who was not careful with her handgun when she handed it to her sister and it discharged. My client’s sister took a point-blank gunshot to the face and soon thereafter passed away. My client was devastated!  Nevertheless, my client was arrested by Miami Beach police and subsequently charged by the Miami Dade state attorney’s office with manslaughter.

Through many conversations and negotiations, I was able to hammer out a non-custodial sanction. In other words, my client did not spend one day locked up after posting bond.  Sometimes, when the facts are overwhelmingly bad and not in dispute, the best victory can be had by negotiating a fair and just outcome. I am grateful that I was able to persuade the prosecutor to agree to a fair disposition. If you were someone you know has been arrested or is under criminal investigation, please call me to discuss your situation confidentially.

Conspiracy to Commit Racketeering - Organized Scheme to Defraud - Client Facing Major Time, Sentenced to Probation and Withold of Adjudication

Well, I was hired by an ordinary truck driver from Georgia who was arrested and charged by the Florida office of the statewide prosecutor with fraud and racketeering because he drove truckloads of flying squirrels from Florida to Chicago that were loaded on a plane and flown to Korea.  My client didn’t know whether doing this was legal and when he was stopped in route to Chicago that’s what he told the police. That was enough to cook his goose.  If convicted at trial my client faced double digits in years behind bars. Thankfully I was able to persuade the prosecutor to resolve the case by allowing my client to serve some probation and be able to have his record sealed and expunged afterwards. 

Don’t get me wrong! There’s nothing like the thrill of going to battle against the state and having your client acquitted. I’ve done that tons of times.  But when the stakes are high, sometimes there is a middle ground that will satisfy all parties. That’s what happened here. 

If you or someone you know has been arrested or is under investigation for a state or federal offense, felony or misdemeanor, please call me for serious criminal defense representation.

To read more about this case, visit here.

Case Dismissed As a Result of Team Malove Doing the Work & Investigating the Case. Team Malove Leaves No Stone Unturned

Case ID: 19-010739MM10A         Date: June 9, 2021

Things are not always as they seem. Our client is an introverted individual. Following his psychologist’s advice, he started to open up more to girls in hopes of finding a partner. While working out at the gym he approached a girl who was also working out and introduced himself. They talked briefly but she brushed him off and left. Ironically, he ran into this same girl a couple of months later at Walmart. At the time he did not recognize the girl since she was with her daughter and had a different appearance. He just thought that the girl was good looking and started to talk to her. She rejected him again and he went on his merry way. A couple weeks after that he ran into the girl again at Walgreens. He approached the girl again and started to make conversation, she rejected him again. At this time, she called the police. Shortly after our client was arrested for stalking charges. Our client had never been in trouble before and couldn’t believe he could get in criminal trouble for flirting with a girl.

The client came to us last minute. He was represented by another attorney for a whole year. The other attorney interviewed the alleged victim under oath but failed to investigate the case fully. Our firm was hired after the case was already set for trial. We acted fast and diligently and were able to interview the additional state witnesses under oath and show the state how there was never a complete investigation done by the police in this case. Our client never intended on stalking the alleged victim. In hindsight he just happened to be at the wrong place at the wrong time. He frequented the places where he ran into the alleged victim on a regular basis. He kept his prescriptions at the Walgreens where he ran into the alleged victim. The police didn’t bother to get our client’s side of the story so it was up to us to present this information to the prosecutor. We set up a meeting with the prosecutor and we were able to present her with ample amount of evidence that showed the client was not stalking the alleged victim. We also presented her with factual evidence to show how the police completely dropped the ball during their investigation. After presenting this information to the state we were able to get the state to drop the stalking charge and amend the charge to disorderly conduct with no probation. The client is now immediately eligible to seal and expunge his record.

Magic Malove Gets State to Waive 20-Year Minimum Mandatory - Life Sentence Avoided!

Case ID: 18-013612CA10A          Date: June 8, 2021

There are times where the facts of a case are so bad that NOBODY could beat them. When this happens, and it does, it takes more time, skill, and effort to obtain the best result for your client. This was one of those cases.

The client who is a young man made a life changing decision that subjected him to possibly serving the rest of his life in prison. Prior to hiring the Law Office of Robert Malove, the Client decided he was going to rob a store with a firearm  while wearing a mask. The owner of the store was not having any part of being robbed, and he resisted the attempted robbery. As a result of the client attempted to shoot the store owner, but the gun malfunctioned and did not fire. After this attempt to shoot the store owner, the police happened to be one block away and they witnessed our client running while wearing a mask and chased after him. The Client, while attempting to elude the police, inadvertently pulled the trigger while pointing the firearm at the ground and this time the gun discharged. Unfortunately for our client, all of these facts were caught on video and the quality of the video was so clear you could actually see the client pull the trigger of his firearm when the store owner resisted.

The client was charged with attempted robbery with a firearm while wearing a mask, discharging a firearm in public, and aggravated assault with a deadly weapon.  After reviewing the case my firm met with the client and his family, and we wanted to find out why he would do such a foolish act. After that meeting, we met with the assistant state attorney and provided her with the client’s background and many other mitigating factors. The first offer was 25-years with a 20-year minimum mandatory. After that we continued to work the case and meet with the assistant state attorney and after about the tenth meeting, we were able to convince the State to waive the 20-year minimum and the client was sentenced to 10 years in prison.

Persistence over comes resistance.

Vindictive Ex-Wife Has Client Arrested for Two Aggravated Assault Charges - Robert Malove Gets the Charges Dropped!

Case ID: 21-002701CF10A          Date: May 19, 2021

After an argument between our client and the ex-wife of our client’s boyfriend, the ex-wife contacted police and alleged that our client had threatened her with a butcher knife and tried to strike her with a vehicle. The Plantation Police department conducted an almost non-existent investigation and took the ex-wife’s allegations as true which resulted in our client being arrested for two aggravated assault charges. After our client was arrested, she contacted and retained the Law Office of Robert David Malove, P.A. Once our office took the case, we were able to locate an eyewitness who was able to provide sworn testimony refuting all of the ex-wife’s allegations. 

After presenting the sworn testimony from this eyewitness, the State Attorney agreed to drop all charges before they were even filed, saving our client who had no felony criminal history from being formally charged with two serious offenses that never actually occurred.  

Hiring an experienced Fort Lauderdale criminal defense attorney immediately after your arrest gives you an opportunity to challenge your arrest prior to formal charges being submitted by the State Attorney’s office. If you delay you might forfeit a chance for your case to by dropped before it even is filed.

Burglary Charges Dropped After High School Break-In

The client and an accomplice were found by surveillance cameras inside of West Broward High School. Police, canine and a helicopter were dispatched. The parties were seen by the helicopter trying to elude police by ducking into a hatch on the roof of the building. With the building being surrounded, the client and his friend agreed to surrender without further incident. Although there was no damage to the building, the school representative agreed to prosecute and the parties were arrested and charged with burglary, trespassing and resisting an officer.

This case we had to work hard to get the State to make an exception to allow our client to enter the diversion program. His case did not initially qualify. The Law Office of Robert David Malove, P.A. had a meeting with the Head Chief at the State Attorney's Office to explain to her the facts and circumstances. The Head Chief made an exception and we were able to get the client in, even with all of the really bad facts.

All charges against the client were dropped.

Youthful Offender Barely Avoids Felony Charges After Violation of Probation       

Pembroke Pines Police Department took the defendant into custody for Armed Occupied Residential Burglary. The defendant refused to provide a DNA sample and, while in custody, a Judge ordered him to do so through a subpoena. The defendant’s DNA and prints led police to an additional incident with which the client was previously involved, another burglary. At that scene, the defendant left a full palm print, as well as blood on a window he had allegedly broken in an attempt to gain entry.

We were hired to represent the client on the two current Violations of Probation cases he had before the Court. The client was facing a lot of exposure since there was a first degree felony charge. The client was originally granted a youthful offender sentence over the state's objection. The evidence from the violation of probation reports showed that the client was not taking probation seriously and he violated his probation with technical violations. In addition to his violation of probation, he is also designated VOSC (violent offender special concern). Typically, there would need to be a hearing when a client has this designation before he could be reinstated on probation/community control. We worked our magic and were able to get the State to not only agree that he was not a danger, but also reinstate his community control and modify it with additional special conditions (GPS and mental health evaluation and follow up treatment). This was a great outcome since the client maintained his youthful offender designation and withhold of adjudication. This is important since he is still not a convicted felon even with the very serious charges he had.

Felony Domestic Aggravated Battery and Resisting an Officer Charges Dismissed

The client was arrested in the middle of the night for felony domestic violence aggravated battery and resisting an officer charges after the police were called to his home by neighbors who heard loud voices and screaming. While the new client was in jail awaiting first appearance, his mother, also an attorney, hired Fort Lauderdale criminal defense lawyer Robert David Malove.

Right from the start, Robert took control of the situation.  In the morning, Robert appeared before the judge via Zoom and negotiated the client’s pretrial release without the client having to post a monetary bond.  Once the client bonded out, Robert met with him and listened to his side of the story.

After investigating what our client told us, we spoke with the victim and listened to her side of the story. The versions the client and the victim advised us of did not match up with what the police officers wrote in the arrest affidavit. We reached out to the Assistant State Attorney who was assigned this case and began to discuss the inconsistencies. After several conversations with the Assistant State Attorney, they agreed to look into the case based upon our findings. Within a month, the State dismissed the case!

Aggravated Assault With A Deadly Case Dismissed!

Our client was at the father of her child’s house when she got in a disagreement with his grandmother. Unpleasantries were exchanged and the situation escalated, and the police were called. The grandmother told the police that she believed that the client threatened her with a gun. Our client was arrested on this bogus allegation. After some time passed the grandmother realized that she was not certain that a gun was ever displayed. In addition, she also signed a document indicating she no longer wanted to proceed with prosecution.

 At first, the Assistant State Attorney was only willing to offer our client a misdemeanor assault charge with the requirement of completing an anger management course. However, after our team of lawyers’ persistent negotiation with the State, we were able to get the ASA to agree to dismiss the case completely. Thankfully we were able to get this outcome for the client because this charge had potential immigration consequences that could have caused the client to be deported.

 If you are not a legal United State’s citizen, and you are faced with criminal trouble, you must make sure that the attorney you hire is familiar in both criminal and immigration law. Without this consideration, you may find yourself inadmissible if you leave the country or even worse deported!

Amateur Police Investigation Exposed - Jury Finds Client Not Guilty

This case was about a botched police investigation regarding our client, an innocent woman who was falsely accused of battery on a pregnant woman.

This case was tried to a jury by my associate, Lindsay E. Lawrence. The client had been admitted to the hospital for observation. She was growing impatient with the hospital giving her the run around. She was having trouble sleeping and was starving because she couldn’t eat any of the hospital food. She decided to go with her fiancé to the hospital cafeteria.

When they got to the cashier to pay, she was confronted by the cafeteria manager. The client and the manager talked for several minutes regarding the cafeteria polices. The client was told that she was not able to purchase the food from the cafeteria since she was a patient and the cafeteria could not ensure that the food complied with the food restrictions set for her. The cafeteria manager claimed that during the ensuing argument, the client bumped her.

The defense presented testimony from the charge nurse who testified that the client did not intentionally bump the cafeteria manger, which is a critical fact. In order to be found guilty of a battery, there has to be an intentional touch or strike.

There were many inconsistencies. There were a total of five witnesses to the event and none of the witnesses had the same version of events. Furthermore, although there were multiple cameras located in the cafeteria, no camera footage recorded the incident.

The jury learned that the police were dispatched to the scene at the request of cafeteria manager, who was the first person the police interviewed upon arrival. Next, the police met with several other witnesses who were the cafeteria manager’s co-workers. The police met with the hospital security and the nurse attending to my client. The police collected all of these individuals’ conflicting version of what they saw. 

By the time the police met with the defendant, it was clear that they had already made up their minds that they were going to arrest my client for a battery without even hearing her side of the story. There was nothing the client could tell the police to change their minds about not charging her with battery on a pregnant woman. The investigation was so flawed that when the police arrived, accompanied by hospital security they did not bother to ask the client’s fiancée what happened, even though he was present for the incident. They didn’t even bother to get his contact information to do a follow up investigation. Nor did they bother to attempt to view the cafeteria surveillance video.

Thankfully after all the evidence and closing argument, the jury acquitted the client and she proudly walked out of the courtroom, exonerated as a free woman. Finally, the client’s story was able to be heard. The truth will set you free!

Superior trial skills, attention to detail and diligent preparation can make all the difference in the final result.‚Äč

Teenager Running With the Wrong Crowd

Client and his parents were referred to me by another attorney in the community.  Before coming to meet me, they checked me out on the internet.  The client was a teenager and was running with the wrong crowd.  He had been arrested for burglary.  After he had been bonded out of jail by his parents, he was spotted drinking beer on the beach.  When the police saw him, he ran.  After he was caught, he was arrested for resisting arrest without violence and consumption of an alcoholic beverage by a minor.

When the clients arrived at my office, they were a wreck.  I set their minds at ease and reviewed how I would go about my defense.  I was hired and got to work immediately.  My investigator interviewed all of the witnesses and I presented my findings to the prosecutor.  Prior to the arraignment, the case was dismissed.  The resisting and underage drinking case was resolved with a fine.  My client’s arrest record is in the process of being expunged so that he will be able to move forward with his life without a dark cloud hanging over his head.  It probably goes without saying that the clients were ecstatic with the outcome since the results were better than expected.

Cab Driver Falsely Accused of Leaving the Scene of an Accident

After nearly a year and a half of hard work, Fort Lauderdale criminal defense attorney Robert Malove convinced the Broward County State Attorney’s Office to dismiss all charges against a cab driver who was falsely accused of leaving the scene of an accident with a fatality.  In 2014, Michael Brandt was arrested for leaving the scene of an accident with a fatality.  The problem is that Michael Brandt was 100% innocent. 

According to Brandt’s attorney, Fort Lauderdale criminal defense attorney Robert Malove, Brandt never should have been arrested in the first place.  There was zero convincing forensic evidence to establish that Brandt either knew or should have known that he had struck someone who was laying in the roadway.  The cab was equipped with a sensor that would have shown that Brandt stuck someone if he had.  The paint chip that was recovered from the decedent’s body did not match the paint on the cab.  According to Brandt, “whoever did this, is still at large in the community.” Learn more here.

Case Dismissed!

Client Was Arrested on a Totally Trumped-Up Charge

My client was arrested on a totally trumped up charge.  At the bond hearing, I poked all sorts of holes in the State’s case and my client was released.  After 3 months, the pre-trial release officer busted him again.  I marched us into court and without any fanfare, the judge reinstated the bond.  The pretrial officer is steamed!  Doesn’t that break your heart?  Not!  Check out this testimonial my client’s mom wrote.

The pretrial officer was so miffed that she had my client rearrested after being released five days earlier.  Why, you ask?  She claimed that my client’s equipment was off and that she couldn’t account for his whereabouts.  I called her and she got all uppity and acted so superior.  Well, it turns out that the pretrial officer issued the wrong charger to my client.  There was no way the ankle monitor would charge.  It was not my client’s fault.  The officer got called out by her supervisor and was taken off of my client’s case.  The net result was that he was released from jail for the second time in a week.

Client Ordered Released!

Client Arrested and Charged with Battery on a Law Enforcement Officer

My client, a highly successful real estate professional, was very upset and ended up in a neighborhood bar to have a cocktail to cool off.  Unfortunately, things didn’t go as planned.  Before she knew it she had one too many cocktails and lost control.  She started hurling insults at the bartender who called her a cab and asked her to leave.  When my client refused to go, the police were summoned.  My client, inebriated and totally unaware of what was happening, offered resistance to the police and struck him.  She was arrested and charged with Battery on a Law Enforcement Officer, a 3rd degree felony punishable by up to five years in prison.  Thanks to my superstar investigator, Jay Zager, we were able to persuade the prosecutor to decline filing felony charges.  Instead, my client was charged with misdemeanors and entered a Diversion program.  After successfully completing the terms and conditions of the Diversion program, all charges were dismissed and her criminal history record was expunged.

Criminal History Record Expunged

Client's Criminal Conduct Contrary to Otherwise Clean Record.

Despite the Federal Sentencing Guidelines recommending a prison sentence ranging between 27-34 months, Robert Malove was able to persuade recently appointed US District Court Judge Robin Rosenberg to exercise her discretion and not send Mr. Malove’s client to prison. Mr. Malove was able to point out to the Judge that his client had fully accepted responsibility for his actions. Mr. Malove pointed out to the Judge that his client had prepaid in full $15,000.00 in restitution that was owed to the victim. That, taken along with other meritorious acts of kindness convinced the Judge that the criminal conduct engaged in by Mr. Malove’s client was aberrant and unusual and contrary to the clients otherwise clean record.

Being charged with a crime in Federal court is unique and different from prosecution to state court. Not all criminal defense attorneys can properly and effectively represent individuals in Federal court without having sufficient experience and knowledge of how to do so. Robert Malove is a Board Certified Criminal Trial Lawyer with extensive knowledge of practicing in Federal Courts throughout the United States. Mr. Malove has superior knowledge and familiarity when it comes to Federal Sentencing matters. “While we wish that all of our clients were in fact not guilty, that is not always the case. That is why it is important to come up an affective strategy to resolve the case without the client having to serve any time behind bars.”

No Prison!