Recent Cases
Learn about our recent cases helping clients just like you achieve fair results for their criminal defense case. Put Florida criminal defense attorney Barry D. Maxwell to work for you fighting for your rights. We will put you in the best position possible to reach the results you seek.
RECENT SUBSTANTIAL JURY TRIALS:
2006 CF 012621 AMB: (Palm Beach County)
Charge: First Degree Murder
Trial Began 9/19/08 – Verdict 10/10/08
NOT GUILTY OF FIRST DEGREE MURDER
Client was charged with the murder of his wife. State’s evidence included DNA which indicated the presence of the Client’s blood under the wife’s thumb nail. Florida criminal defense attorney Mr. Maxwell argued foreign hairs on the victim wife’s body, unidentified fingerprints and shoe impressions, an alibi, and total lack of motive as indications of innocence. Case featured on “48 Hours” and “Dateline NBC.”
2006 CF 014262 AMB: (Palm Beach County)
Charge: Attempted First Degree Murder
Trial Began 7/9/07 – Verdict 7/11/07
NOT GUILTY OF ATTEMPTED FIRST DEGREE MURDER
Client was charged with slicing the neck of his roommate twice. State’s evidence included the testimony of the alleged victim, the obvious crime scene indications of a tremendous fight, and the testimony of the neighbors. Florida criminal defense attorney Mr. Maxwell successfully argued self-defense to the jury, as the North Palm Beach police investigators failed to take into evidence the blood-stained necklace from the client while he was treated for his injuries in the hospital.
2007 MM 0001879 AMB:(Palm Beach County)
Charge: Domestic Battery
Trial and Verdict 7/9/08
NOT GUILTY OF DOMESTIC BATTERY
Client was charged with threatening to kill his estranged wife, and slamming her body into a living room wall. State’s evidence consisted of the alleged victim’s testimony, the testimony of a guest in her home, and other physical evidence. In obtaining the acquittal for his client, Florida criminal defense attorney Mr. Maxwell argued the lack of credibility of the witnesses and the lack of physical evidence
2007 DR 000644 ANB:(Palm Beach County)
Injunction For Protection Against Domestic Violence
Trial 2/1/08 and 2/8/08 (Non-Jury) Client: Petitioner Ex-Girlfriend
RESTRAINING ORDER ENTERED AGAINST EX-BOYFRIEND
Client (ex-girlfriend) obtained a temporary restraining order and sought to have it extended into a permanent order. Florida criminal defense attorney Mr. Maxwell was able to show through numerous texts and emails, in addition to surveillance video recordings, that the respondent ex-boyfriend was harassing and stalking the client.
2010 DR 010195 ASB (Palm Beach County)
Injunction For Protection Against Domestic Violence
Trial 9/8/10 (Non-Jury) Client: Respondent Ex-Girlfriend
Client (ex-girlfriend) was alleged to have burnt ex-boyfriend (plaintiff/petitioner) with a burning cigarette while camping on Peanut Island. After a trial on the matter, Florida criminal defense attorney Mr. Maxwell was able to demonstrate the allegations by the petitioner were completely false. Injunction dismissed.
ADDITIONAL CASE EXAMPLES:
2007 CF 005965 AMB: (Palm Beach County)
Aggravated Battery and Aggravated Assault
ALL CHARGES DROPPED by the State. Client charged with pulling a knife on an individual who was actually the initial aggressor. Client pulled the knife in self-defense as he was being struck by the alleged victim with a bicycle rim. Florida criminal defense attorney Mr. Maxwell was successful in showing that the client was acting in self-defense, and that he lacked the mental capacity to form any intent to harm, as he had previous brain damage and had been diagnosed as bi-polar. After depositions were taken, it was shown the alleged victims were untrustworthy, not credible, and in fact were the initial aggressors of the incident.
2007 CF 0——- AMB: (Palm Beach County)(Expunged)
Grand Theft
ALL CHARGES DROPPED by the State. Client was charged with the theft of clothing from J.C. Penny, totaling over $800.00 in value. Florida criminal defense attorney Mr. Maxwell was successful in negotiating a disposition where all charges were initially dropped by the State. The case is now expunged and no permanent record exists of this arrest.
2008 CF 003552 AMB: (Palm Beach County)
Dealing in Stolen Property and Grand Theft
ALL CHARGES DROPPED by the State. Client was charged with stealing two racing Kart engines from a vendor at Moroso Motorsports Park. Through depositions and pre-trial discovery, Florida criminal defense attorney Mr. Maxwell was able to demonstrate that the State could not prove the charges at trial, as other people would have had access to the property in question, and that the alleged victim had an interest in seeing the client convicted, and therefore was not a credible witness.
2008 CF 010277 AMB: (Palm Beach County)
Battery on a Police Officer, Battery on Emergency Care Provider, Resisting Arrest With Violence and Depriving Officer Of Means of Protection
ALL CHARGES DROPPED by the State. Client was charged after Emergency Medical personnel responded to the client, who was experiencing seizures in a restaurant. The EMS felt the client was acting out of a drug-induced episode, and called police for backup. The police respond and upon seeing the client struggling with EMS, tased him. The client responded by knocking the taser out of the officer’s hands, and attempting to obtain the O=officer’s firearm. Florida criminal defense attorney Mr. Maxwell used evidence and testimony of the client’s neurosurgeons from the Mayo Clinic in Jacksonville, FL, to demonstrate the client was not acting from a drug-induced episode, but in fact was suffering from neurological damage sustained in a prior car accident. As such, no criminal intent existed for the client’s actions in this case, and all charges were subsequently dropped.
2008 CF 014726 BMB: (Palm Beach County)
Burglary of a Dwelling and Accessory After The Fact
ALL CHARGES DROPPED by the State. The client had provided an old high school acquaintance a ride home from a late-night establishment. The old acquaintance asked the client to drive him over to a friend’s house to pick something up. The acquaintance attempted to break into a home as the client waited in the car. The acquaintance was injured jumping from a second story balcony of the home, and the client was observed assisting the acquaintance back to the car. Florida criminal defense attorney Mr. Maxwell was successful in demonstrating the client was completely unaware of what the acquaintance intended, and was merely helping him when he was injured.
2009 CF 008908 AMB: (Palm Beach County)
Possession of Oxycodone
ALL CHARGES DROPPED at the formal filing stage by the State. Client was stopped by the police for driving under suspension and the vehicle search produced Oxycodone. Florida criminal defense attorney Mr. Maxwell was successful in arguing the illegality of the stop of his client. As such, all evidence would have been suppressible as the fruits of the illegal stop.
2009 CF 010399 001 XX (Dade County)
Battery on a Police Officer and Resisting Arrest Without Violence
ALL CHARGES DROPPED by the State, as Florida criminal defense attorney Mr. Maxwell successfully argued for the filing of reduced charges of resisting an officer without violence and battery. Client was intoxicated in a Miami Beach pizzeria when the officer arrested the client. Mr. Maxwell was able to show “the rest of the story” as to why the police were initially called to the Pizzeria, and showed that the client was not the underlying cause of the disturbance, and that the police completely overreacted in their approach to the whole incident. All of the charges were subsequently dropped, and the client is in the process of having this matter expunged from her permanent record.
2009 CF 012186 AMB:(Palm Beach County)
Cultivation of Marijuana
ALL CHARGES DROPPED by the State. The Client was arrested after the police responded to a domestic violence dispatch, and discovered the client was growing marijuana in his back yard, to which his client confessed. Florida criminal defense attorney Mr. Maxwell was successful in having reduced misdemeanor charges filed, then subsequently dropped by the State. Mr. Maxwell is in the process of expunging the arrest from his client’s permanent record.
2008 MM 003843 A (Martin County)
Battery
ALL CHARGES DROPPED by the State. Client was arrested and charged with battery after he attempted to repose a vehicle in the possession of a discharged employee. The discharged employee alleged the client pulled him, by his throat, from the vehicle in question, and began striking him. Florida criminal defense attorney Mr. Maxwell was able to show the credibility of the discharged employee/alleged victim was seriously in question. Mr. Maxwell was able to demonstrate the past criminal convictions of the alleged victim and that he was currently on probation out of North Florida.
2009 MM 017573 AMB:(Palm Beach County)
Solicitation of Prostitution
ALL CHARGES DROPPED by the State. Client was charged with soliciting an undercover police officer. Florida criminal defense attorney Mr. Maxwell successfully negotiated a settlement where all charges were dropped against the client after a three-month period. Mr. Maxwell is in the process of expunging the arrest from his client’s permanent record.
2010 MM011986 ANB: (Palm Beach County)
Disorderly Conduct and Criminal Mischief
ALL CHARGES DROPPED by the State, as Florida criminal defense attorney Mr. Maxwell was able to show an illegal arrest, as both charges allegedly occurred outside the presence of the arresting officer. Florida law requires any arrests for misdemeanors to occur within the presence of a police officer.
2009 CT 009072 ANB:(Palm Beach County)
Leaving the Scene of Accident and Careless Driving
ALL CHARGES DROPPED by the State, as Florida criminal defense attorney Mr. Maxwell was able to show through physical evidence that the client’s car did not demonstrate any evidence of being involved in an accident, regardless of the client’s statements to the police officer that she “didn’t think she made that much damage” therefore she didn’t need to stop.
2010 CT 016228 ANB: (Palm Beach County)
Driving Under Suspension, State Attorney Reviewing for Felony Habitual Driving Under Suspension
ALL CHARGES DROPPED, after Florida criminal defense attorney Mr. Maxwell was able to demonstrate the original reason for the police officer stopping the client was illegal. client was stopped for not having a passenger side mirror. The law only requires a “rear view” mirror which shows 200 ft. to the rear of the car. As the client’s car had a rear view mirror on the windshield, the stop was illegal. Without the illegal stop the officer would never have known it was the client driving and that he had a suspended driver’s license.
2010 MM 013950 ANB (Palm Beach County)
Possession of Marijuana
ALL CHARGES DROPPED by the State, as Florida criminal defense attorney Mr. Maxwell was able to demonstrate through the facts of the case that the arresting officer exceeded the scope of any legal search of the client’s automobile. Client was seen leaving a known drug dealer’s home. Client was stopped for a suspected bad taillight. Said stop transitioned into a full scope search of the client’s automobile, including trunk area. But for the bad stop and search, the marijuana would not have been found, and thus was suppressible under the fruits of the Illegal Search Doctrine. The State dropped all charges once all evidence was suppressed.