Criminal Case Summaries

CASE NO.: F07032681
Miami Dade Circuit Court

A young man recently returned from a year abroad was stopped by a Miami Beach Police Officer for allegedly speeding in a school zone.  What started as a simple speed trap quickly escalated as the officer pulled the unresisting man from his van and began beating and kicking him in front his horrified girlfriend. The man was then arrested and charged by the officer with two felonies:  resisting arrest with violence and battery on a law enforcement officer. The firm’s lawyers swiftly undertook an investigation which revealed no less than six independent witnesses who worked at a real estate firm across the street from the traffic stop. After interviewing the witnesses located by the Kubiliun & Associates, P.A., the Office of the State Attorney declined to file felony charges.

CASE NO.:  04003652CF10A
Broward County Circuit Court

Our client had spent years working as a cabinet maker for a boss that didn’t treat him fairly, so he left his boss and he and a colleague opened up a competing cabinet making business. Furious that his former employee was having great success, the former boss drove by our client’s work shop daily, hurling insults at curses at our client and his associate. One day, unsatisfied with merely yelling, the ex-boss stopped his truck and approached our client in a threatening manner. As the ex-boss lunged at him, our client punched his ex-boss once in self-defense. Now even more furious, the ex-boss called the police and claimed that our client attacked him with no provocation. Our client came to us to defend him against this injustice.

The firm had to act quickly to ensure that the truth of the case would be preserved for a jury, because the ex-boss had our client’s independent witness arrested on immigration violations in an attempt to have the witness deported before he could testify at trial.  The firm was able to have the trial judge enter an order keeping the witness in the United States until the trial, where he testified that our client was merely defending himself in the face of a completely unjustified attack. After a two day trial, the jury took less than twenty minutes to return a verdict of not guilty on all counts. 

CASE NO.:  J057211
Miami Dade County Circuit Court Juvenile Division

Shortly after the end of a football game featuring rivals Hialeah versus Hialeah-Miami Lakes, the firm’s sixteen year old client and a friend went to a nearby Wendy’s to get some food before their mother’s came to pick them up. There was a crowd of teenagers in the parking lot when the Hialeah Police moved in to ask everyone to move along.  When the officer approached our client, he told the officer that he was waiting for his mother to pick him up and the officer rudely directed him a sidewalk outside the Wendy’s.  When our client told the officer that his mother was expecting to pick him up in the parking lot, the officer pulled out his Taser and attempted to stun our client. Our client pulled off his shirt to dislodge the Taser prongs and, fearing for his safety, ran from the officer. A few short blocks later, our client was stopped by five to six police officers who slammed him to the ground. While three officers kneeled on our client’s neck and back, three more officers tased him multiple times in the back.  Our client lost consciousness and awoke in the back of an ambulance, completely disoriented.

Our client was charged with battery on a law enforcement officer and resisting arrest with violence, both charges which would have long term consequences for his future. We fought the charges all the way to trial and obtained a complete exoneration of our client on all charges.

CASE NO.:   F0313144
Miami Dade Circuit Court

Prior to the firm’s representation, our client took a plea to a charge that required his registration as a sexual offender for thirty years. Our client came to the firm, believing there was evidence which could lead to his exoneration. The firm investigated the case and discovered a witness who was willing to completely recant her prior testimony. The witness provided sworn testimony and the firm filed a special appeal with the trial court. Upon review of the firm’s motion and supporting evidence, the State Attorney agreed to re-open the case and dismiss all charges against our client.  Our client has been removed from the sexual offender registry and has been able to move on with his life, free of the unjust taint of false charges.

Calhoun, Georgia
Collier County, Florida

International media attention was riveted on three Muslim medical students detained on Florida's Alligator Alley and suspected of terrorism on the first anniversary of 9-11. A comprehensive approach presenting the truth of the matter resulted in all charges being dropped and the young men returning to medical school to complete their education.

CASE NO.: M02-37616
Miami-Dade County, Florida

This case involved a violent altercation over a top Collegiate Football player from the University of Miami. The defendant was accused of battering the alleged victim in a fit of jealous rage. The case proceeded to trial by jury, and the jury returned a verdict of not guilty.

CASE NO.: 0205317CFAES
Pasco County, Florida

The firm became involved after it was contacted by a representative of the Human Rights section of the United Nations. This high profile case involved a Turkish Muslim Student enrolled in a Catholic University in Pasco County Florida. He was accused of threatening to use a weapon of mass destruction. The defendant steadfastly maintained his innocence and a trial by jury resulted in a finding of not guilty after only 45 minutes of deliberation.

CASE NO.: F02028281
Miami-Dade County, Florida

This case involved a man accused of aggravated battery with a deadly weapon for allegedly trying to run down two individuals in a police station parking lot, in the presence of a police officer. The jury acquitted the defendant on all counts.

CASE NO.: F0322055
Miami-Dade County, Florida

The City of Miami was aghast at the accusation of a teenage Mexican nanny abandoning her newborn infant on the sands of Bal Harbor Beach. A thorough investigation and presentation of the facts working in conjunction with the Mexican Consulate, revealed that she was suffering from an acute medical condition which had threatened her life and rendered her unable to control her actions. The State Attorney's Office dropped all charges and the young woman, reunited with her baby, returned to Mexico.

CASE NO.: 02011391CF10A
Broward County, Florida

In this case the jury acquitted a father, accused by the relatives of his estranged spouse, of mistreating his daughter. The jury returned a verdict of not guilty on the allegations centering on the spanking of the child.

CASE NO.: 0315444CF10A
Broward County, Florida

The defendant was a young Haitian man whom the police accused of battering and resisting them when they entered his family's home. The jury returned a verdict of not guilty on all counts.

CASE NO.: 036882CF10A
Broward County, Florida

This case involved a man charged with "Trafficking in Narcotics" for possessing Oxycodone prescribed to his ex-wife. The State sought minimum mandatory sanctions of 10 years imprisonment. He was found not guilty.

CASE NO.: 03010882MM10A
Broward County, Florida

This case involved a charge of Driving Under the Influence. It was dismissed after a defense motion was granted showing that the police were not justified in stopping the car in the first place.

CASE NO.: 0111701F10A
Broward County, Florida

This case involved Armed Trafficking of 5000 pills of Ecstasy with a Firearm. The "deal" was captured on video tape. The defendant, despite the fact that he had no prior criminal history, was facing a minimum mandatory sentence of 15 years in prison. The jury returned a verdict of not guilty on all counts in 45 minutes.