Why This Case Matters: When prosecutors won't negotiate and a victim insists on prosecution, setting a case for trial and demonstrating absolute readiness to fight can force the state to reconsider—even on the day of trial.
Facing two felony charges with a combined 30-year prison sentence would break most people. Add an alleged victim determined to see you prosecuted and a state attorney's office that won't budge on negotiations, and the situation looks nearly hopeless. But for our client—a Florida resident and white collar professional with everything to lose—accepting a felony conviction was simply not an option.
When the prosecution offered a plea deal that would have made him a convicted felon, our client made a critical decision: he would rather face a jury than carry that label for the rest of his life. That decision, combined with our commitment to thorough trial preparation, ultimately led to all charges being dismissed on the day of trial.
The Charges He Faced
Our client was arrested and charged with:
- Two counts of aggravated stalking (third-degree felonies)
- Each count carrying a maximum sentence of 15 years in Florida State Prison
- Combined maximum exposure: 30 years
The charges stemmed from alleged contact with a former girlfriend after a restraining order had been issued. The victim was consistent throughout the legal process: she wanted the case prosecuted. The state had victim cooperation—something that makes domestic-related cases extremely difficult to resolve favorably.
What Happened
The relationship between our client and the alleged victim had ended badly. A restraining order was already in place when the new allegations arose. According to the victim, our client violated the terms of that order through unwanted contact.
On paper, these cases are prosecutor-friendly. When you have an alleged victim who wants to testify, physical evidence of contact, and a prior restraining order, prosecutors typically feel confident taking the case to trial. They had every reason to believe they could secure a conviction.
But our client had something powerful on his side: he was absolutely unwilling to accept a felony conviction. This wasn't about avoiding responsibility—it was about protecting his future, his career, and his fundamental right to be treated fairly under the law.
Our Strategic Approach
From day one, we made our position crystal clear: if the state wanted a conviction, they would have to earn it in front of a jury. We weren't going to accept a plea deal that included a felony conviction, and we weren't going to be intimidated by the strength of their case.
This approach allowed Fort Lauderdale criminal defense attorney Dave Simmons to:
- Assess the strengths and weaknesses of the case. We conducted a thorough analysis of the evidence, the victim's statements, and the legal requirements the state would need to prove. We identified potential issues with the case that could create reasonable doubt in the minds of jurors.
- Prepare comprehensively for trial. We didn't just prepare to go to trial—we prepared to win. Every piece of evidence was analyzed. Every witness statement was scrutinized. We developed our cross-examination strategy and built our defense from the ground up.
- Demonstrate unwavering commitment. The state initially offered a plea deal that would have resulted in probation and a felony conviction. Our client made an informed decision: he could not accept becoming a convicted felon. The impact on his employment and professional reputation would be devastating. So we rejected the offer and set the case for trial.
- Maintain leverage through trial readiness. By showing the prosecution that we were fully prepared to try the case—and that we had identified weaknesses in their evidence—we created doubt about their likelihood of success at trial. This wasn't bluffing. We were genuinely ready to put the state to its burden of proof.
The Result: From 30 Years to Complete Dismissal
On the day set for trial, after months of preparation and after demonstrating our absolute commitment to taking the case to a jury, the state made a decision: they dismissed both charges entirely.
Our client walked out of the courtroom with:
- All charges dismissed
- No conviction
- No probation
- No felony record
- His professional reputation intact
- His freedom preserved
This outcome represents a complete victory—going from facing 30 years in prison to walking away with no criminal record whatsoever.
When Trial Preparation Is Your Strongest Negotiating Tool
Many people believe that if there's an alleged victim who wants to testify, they have no choice but to accept whatever plea offer the state extends. That's simply not true. In cases involving restraining orders or domestic violence, the state still bears the burden of proving every element of their case beyond a reasonable doubt.
When you're facing serious felony charges, you need to understand what's truly at stake:
- Employment consequences. A felony conviction can end careers, particularly in licensed professions or positions requiring background checks.
- Collateral consequences. Beyond the immediate sentence, a felony conviction affects your right to vote, possess firearms, and can impact housing opportunities.
- Negotiating position. Sometimes the best way to negotiate is to show you're prepared not to negotiate at all. By setting a case for trial and demonstrating absolute readiness, you force prosecutors to carefully evaluate whether they can actually prove their case.
This case illustrates a critical principle in criminal defense: sometimes you have to be willing to go to trial to avoid going to trial. That might sound contradictory, but it's true. Prosecutors evaluate cases based on their likelihood of success. When they see a defendant who is fully prepared for trial, with an experienced attorney who has identified weaknesses in their case, they have to ask themselves: "Can we actually win this?"
In this case, the answer was apparently "no." Rather than risk a loss at trial, the state dismissed the charges entirely.
If You're Facing Stalking Charges, Injunction Violations, or Other Serious Felonies in Fort Lauderdale, We’re Here to Help
If you are facing stalking charges, injunction violations, or other serious felonies in Broward County, you need an attorney who won't back down. These cases require someone who understands both sides of the courtroom and isn't afraid to take a case to trial when necessary.
At the Law Offices of Dave L. Simmons, P.A., we provide strategic counsel backed by over two decades of experience—including prior service as both a Broward State Attorney and Public Defender. We understand how prosecutors think, how they build cases, and most importantly, how to dismantle those cases when they're not as strong as they appear.
Contact our Fort Lauderdale office today at 954-765-3540 for a confidential consultation. We'll review your case, explain your options, and develop a strategic defense plan tailored to your situation.
Note: Every case is unique, and past results do not guarantee future outcomes. The specific facts and circumstances of your case will determine the available defense strategies and potential outcomes.
