Attorney Chris Kaigle with The Umansky Law Firm recently represented a client who was charged with Tampering with Evidence and Possession of Marijuana under 20 grams. Essentially, the client was driving, was intercepted by a police officer that was pulled him over, and after he was pulled over, it was alleged that he threw contraband out of the window which later ended up being marijuana. The cop arrested him and the State ultimately charged him with the two criminal charges. In Florida, tampering with Evidence charges are considered a 3rd degree felony, and he was facing five years in prison, five years of probation, and a $5,000 fine. Attorney Kaigle read over the facts and discussed the issues with the client, where Attorney Chris Kaigle believed it was a very weak case of tampering. What made this case weak was the fact that in order to prove tampering, the State needed to prove that the client took evidence and either altered, destroyed it, or otherwise tried to make it unavailable for police to do the investigation and subsequently unavailable for trial. In this particular situation, he merely threw it out of window. Police had no difficulty in finding it, they didn't have to look for it, and it wasn't destroyed or altered.

On the day of court, Attorney Kaigle went in and talked with prosecutor about the case. The prosecutor maintained that he wanted the client to do at least six months in jail. This was not acceptable, and Attorney Kaigle reiterated the fact that the prosecutor was not able to prove the tampering charges and the appropriate action would be to dismiss the case. Ultimately, the prosecutor agreed. The case was dismissed, and the client was able to resolve his case by only pleading out the possession of marijuana charge, which is a first-degree misdemeanor. The first-degree misdemeanor charge carries the maximum penalty of one year in the county jail, a $1,000 fine, and one year probation. This was eventually further reduced to just a simple fine.

Recent Criminal
Case Results

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped

Battery

Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed

Dismissed

Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication

Granted

Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped

VOP for DUI

Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

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