posted 2015 | D.A. v. State (criminal appeal)
Client was charged with domestic violence battery in Miami-Dade County. She was represented by a well known criminal defense attorney. She elected to go to trial, but she was convicted by the jury. She was sentenced to jail followed by probation. The client hired Mr. Forman to handle the direct appeal. Mr. Forman spoke to the trial attorney in order to find out if any possible reversible errors took place. No surprisingly, the trial attorney thought that no errors took place.
Of course, Mr. Forman never relies on the trial lawyer to make a determination of which issues to raise on appeal. After carefully reviewing the appellate transcripts, Mr. Forman identified what he thought was a very strong issue – that the trial court erroneously denied the jury the ability read transcripts without giving proper advice. Mr. Forman filed the appeal and the three judge appellate panel agreed and reversed the conviction and vacated the sentence. The client was awarded a new trial, but instead, she entered and completed a diversion program, resulting in her case being dismissed! The client, who was not a citizen, was ecstatic because she avoided major immigration issues.