BURGLARY WITH ASSAULT OR BATTERY (F.S. § 810.02(2)(a)); ASSAULT — DOMESTIC VIOLENCE (F.S. § 784.011); CRIMINAL MISCHIEF $200–$1,000 (F.S. § 806.13(1)(b)2)

The defense moved to set bond and litigated the motion at a contested evidentiary hearing, calling a family member as a witness. The court denied the motion and made a detailed record supporting that ruling. The client remained in custody, separated from his young daughter, while the case moved forward — and every week in custody increased the pressure to accept whatever the State offered. The defense refused to let that pressure drive the outcome. The State's case depended almost entirely on the account of a single complaining witness, and the defense set out to test it. Investigation with people close to that witness developed two significant problems for the prosecution: the property damage at the center of the burglary count had been caused on a prior occasion by someone other than the client, and the complaining witness had consistently maintained she was not afraid of him — a fact directly at odds with the theory underlying the charges. The complaining witness was subpoenaed for deposition and failed to appear, despite the prosecutor confirming she had been personally advised of it. Rather than continue the case to chase her sworn testimony while the client sat in jail, the defense announced ready for trial and forced the State to decide whether it could prove its case to a jury. It could not. The State filed a Nolle Prosequi, dismissing every count. The client was released from custody the same day and returned to his family — with no conviction, no probation, and no felony record. Past results do not guarantee future outcomes; each case depends on its facts and circumstances.