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STATE OF FLORIDA vs. JASON MINTON
May 2017

Case Synopsis

On July 7th, 2015, our client Jason Minton was accused of sexual battery on a person eighteen years or older and kidnapping with intent to commit or facilitate the commission of a felony. The incident occurred after Minton and the alleged victim went to a local bar, where the alleged victim willingly consumed multiple alcoholic beverages. In her police statement, she accused Minton of force feeding her a white pill that impaired her memory, engaging in nonconsensual sexual relations with her, confining her in his home, and of forcing her into his vehicle. Testing performed at a local hospital, however, showed no trace of the pill (or any drug except marijuana, which she admitted to smoking) in the alleged victim's system nor did it show a single mark of injury or sexual penetration. The charges were extremely serious (punishable by life in prison!), but the details of the alleged victim's story never made sense. To quote Attorney Aaron Delgado, "It's in the details that you'll find this case doesn't add up. See Opening Statement Here " We decided to put the facts before a jury of Mr. Minton's peers and let them determine that Mr. Minton was not guilty of the charges leveled against him.

Point of Law

On November 30, 2016, the State attempted to introduce evidence of another crime committed by Mr. Minton. Before this type of testimony is admissible, the State was required to conduct what is known as a Williams Rule hearing, named after the seminal case addressing the admissibility of this type of evidence. This type of evidence is extraordinarily damning, because it would have allowed the jury to hear about a past criminal incident, thereby coloring the jury's view of the defendant.

Lead attorneys David Damore and Aaron Delgado thoroughly prepared to defend against the inclusion of the Williams Rule witness. As part of their research, they actually tracked down Mr. Minton's defense attorney from the 1998 case where the witness originally testified. That defense attorney provided and cassette tapes (pictured below) of the Williams Rule witness' testimony, which proved to be the only preserved record of what she said happened at the time. Because they uncovered these tapes, at the Williams Rule hearing Mr. Delgado was able to highlight inconsistencies between the Williams Rule witness' present-day testimony and her testimony almost twenty years ago, thereby undermining her credibility. This allowed us to defeat the State's Williams Rule motion and prevented prejudicial evidence from being admitted against our client.

Damore, Delgado & Romanik

Prior to the start of the trial, we raised a very important issue in our Motion in Limine. Though it was not granted in its entirety, our submission of case law and argument on the topic ensured that the issue was preserved for later appeal should the trial have resulted in an unfavorable verdict.

During the State's presentation of evidence, David Damore and Aaron Delgado effectively See Cross Examination Here each State witness, highlighting flaws in their testimonies and shining a spotlight on law enforcement's investigatory deficiencies. The flaws in the State's case became evident to everyone in the courtroom.

After the State rested its case, we were prepared with a comprehensive Motion for Judgment of Acquittal. After Aaron Delgado argued the Motion, the Judge dismissed the kidnapping charge completely. This was a huge victory for the defendant and dealt a big blow to the State's case.

Conclusion

Soon after the Judge granted the Motion for Judgment of Acquittal, and before the defense presented any of its evidence or witnesses, the opposing prosecutor offered Mr. Minton a deal that was just too good to pass up given what was at stake: a plea to a misdemeanor offense with a non-incarcerative sentence of one year's probation. From facing the possibility of life in prison to walking out of the courtroom a free man in less than two full days of trial.

Here at Damore, Delgado & Romanik, we will pursue every possible angle for our clients - even if that means digging through twenty year old evidence and finding working cassette and VHS players. If you have something to lose, hire the best attorneys you can find. Hire Your Community Law Firm.

Friend

5.0 stars
Posted by anonymous
May 4, 2017
Aaron this is to you more so than anyone else -

This man stayed on the phone with me on one occasion for hrs ..... When I was being detained in a holding cell and if not for his compassion for a client I very well might not being writing this review- FYI it was close to midnight when he did so with a wife about to give birth to beautiful baby boy-

He just recently had me acquitted on a life sentence and got me misdemeanor - 1yr probation deal on another charge that would have landed me in prison for the rest of my life. Every human on this planet has a talent that they excel in ... Mr Delgados is empathy and truth for others. Him being one of the best attorneys in America you could say is a bonus if you need his services. This man has taken his " home personal time" to go over things and reassure me on others that 95% of other attorneys will not even give you the time of day unless you are stroking them another check. He cares about the people & if you want someone that is going to get in the ring and not only fight for you but fight against the state- the law enforcement & even the judge if he has to .. look no further. He is one of the most competent- intelligent & well respected attorneys that you will going in this state or out of it.

Aaron what you did for me I will never forget .. My family will never forget- if it wasn't for you I would have never seen my kids outside of a cage again.

You were more than attorney you were my friend and I will always be indebted to you.

If anyone questions about his capabilities please look me up my name is

Jason N. M-

As I have said in another statement judge me if you want to ... The state tried until they met Mr Delgo & Mr Damore.

Saved My Life
5.0 stars
Posted by anonymous
May 4, 2017
David Damore ...
I could write a book about what this man has done for me and how he saved my life when I was hanging over a cliff with and losing my grip fast- for those out there that are reading this and think it is some promotion to help endorse his law firm you are absolutely right. For those that want to see a testament to who this attorney is and what he can do-research my name Jason N. Minton. PreJudge me if you like the state tried .. And I'm here today to thank one of the men who saw the truth and exposed not only the state attorney, but the alleged victim and also the incompetent law enforcement officials that handled my case. This case was hard won and long faught ... If you think there is a better man or attorney that will fight for your rights and expose any lies that have been brought into your life causing your world to turn up side down ... Again Google my name. I was facing life in prison.
I owe you more than I can or did ever pay you Mr Damore ... You were not only one of the attorneys that helped saved my life you became a life long friend and mentor to me as well-Jason N. M

Appellate Argument: Warrantless Speech
STATE OF FLORIDA vs. WILLIAMS WILLIAMS
June 2015

Case Synopsis

On October 4, 2013, our client William Williams was issued five uniform traffic citations (UTC) including citations for Driving Under the Influence (DUI) and for "Refusal to Submit To a Chemical Test." Refusing to submit to a chemical test after previously refusing to submit to such a test is a criminal offense and allows the State to get a "second bite" at the apple when a smart defendant does not cooperate. Here, Mr. Williams, not trusting the breath test machine and acting on the advice of his attorneys, refused to give a breath test when he was pulled over on his way to Wal-Mart. Because of a mail "glitch" with the DMV, Mr. Williams was unaware that his license was suspended at the time he was pulled over. Still, he found himself facing a criminal charge for Driving While License Suspended along with other criminal charges. We immediately determined we held a strong defense to the DUI and Driving While License Suspended (the DMV messed up mail which happens all the time). However, we still have to fight the refusal charge. Our firm had been working on a constitutional challenge to the refusal statute: (you can read the Motion for yourself here).

On August 26, 2014 we took the case before a Jury and ultimately six wise citizens found Mr. Williams not guilty of Count I DWLS and Count II DUI. On September 17, 2014 the County Court considered the severed count of Refusal to Submit. At the hearing on our Motion to Dismiss as Unconstitutional, the State and our Firm stipulated there was sufficient probable cause to ask Mr. Williams to submit to a breath test, that the stop was lawful, that Mr. Williams refused to take a breath test, and that Mr. Williams driving record had an entry indicating a prior refusal to submit to a breath test. The State did not present any evidence that exigent circumstances created an exception to the warrant requirement. The County Court issued an Order denying Mr. Williams' Motion to Dismiss ( which you can read here) but recognized how important this novel legal issue was. The County Court accepted Mr. Williams' plea of no contest with reservation of right to appeal the denial of the Motion to Dismiss and adjudicated him guilty on the charge of refusing to submit and sentenced him to court costs, fines, and time served.

Although our contract did not cover any appeals, the Firm believed this was an issue of great public importance and knew that we had a chance to make a real difference in an emerging area of law. So, at no charge to Mr. Williams, we prepared and filed an appeal to the Fifth District Court of Appeals. You can watch the video of Mr. Eric Latinsky arguing on behalf of our client before the Court here. Ultimately, the Court issued its opinion (which you can read here) which we believe significantly changes Florida DUI law. We are preparing to appeal this issue to the Florida Supreme Court.

Mr. William's case is one of "first impression" meaning we are dealing with aspects of DUI law which have never been heard in Florida before. We are on the cutting edge of this issue and are working to influence new law which we believe will help everyone accused of driving under the influence. Many times, lawyers accept a challenge because it is the right thing to do. This is one of those times.

If you or a loved one has been accused of driving under the influence, please do not hesitate to contact us for assistance.

"Stand Your Ground" Law & Immunity Defense in Homicide
STATE OF FLORIDA vs. CHRISTOPHER & JAMES HOIT
January 2015

Case Synopsis

In 2014, brothers James and Christopher Hoit were charged with manslaughter after a bar fight resulted in the unfortunate death of Ali Malik. Evidence shows that Malik had one of the defendants in a chokehold while the other defendant punched and kicked Malik in order to free his brother. This altercation lasted until Malik fell through a pane window; it was only after the fall that Malik finally released the individual whom he was choking. As the parties fell through the window, a shard of glass pierced Malik's right side and fatally penetrated his liver.

State of Florida vs. Christopher and James Hoit
Complete MOTION

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Point of Law

We argued that the defendants had immunity based on the "Stand Your Ground" law. Florida statutes provide citizens with a fundamental right to self defense. Commonly known as Stand Your Ground, these statutes assert that a person is justified in using deadly force if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or another (776.012).

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Conclusion

Attorney Delgado and his legal staff incorporated copious amounts of visual aids in order prove many elements of the case. Mr. Delgado utilized exhibits incorporating testimony of the medical examiner and of law enforcement officers to show expert opinion that a chokehold is deadly force. This was supplemented by newspaper headlines and social media posts to provide actual examples where a chokehold had fatal results. A steep challenge Attorney Delgado faced was inconsistent testimony by witnesses which threw the claim of self-defense into question. Mr. Delgado hired an artist specializing in legal drawing to depict the facts of the case from each witness's view point. He focused on each individual witness testimony to show them unreliable for disproving the Stand Your Ground Motion which he brought forward. These drawings were used to draw attention to inconsistencies among the testimonies and to ultimately prove that a plea of self-defense is valid.

At Damore, Delgado & Romanik we work tirelessly to ensure that no stone is left unturned. Hiring an aggressive, trail-ready attorney can make the all the difference in the outcome of your case. If you have been charged with a crime please call us and allow us the opportunity to tell you what we can do to obtain the best possible outcome.

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