Here are a few examples of Chris Westmoreland’s cases where he helped his clients.
State vs. F.C.
The client was accused of Aggravated Assault with a firearm carrying a three-year mandatory prison sentence. After prolonged negotiations with the state attorney, the client was admitted to a program that, upon successful completion, will result in the charge being dismissed. The client’s record will then be eligible for expungement.
State vs. K.S.
The client was arrested for his second DUI within six months, as well as for Criminal Mischief and Violation of Driver’s License Restriction (he had a limited driving permit from the 1st DUI). His breath samples were all above the legal limit. Chris filed several motions to limit the state’s evidence, including a motion to exclude the breath test results. Chris was able to get the DUI reduced to Reckless Driving, and the License Restriction charge amended to a lesser offense. Chris negotiated a fine and a program that allows the client to continue to live at home and keep his job. The client received no jail time or probation and kept his driver’s license.
State vs. T.J.
The client was charged with DUI. The police video showed the client weaving outside his lane several times before being stopped. The client admitted to the officer that he was coming from a bar and had been drinking. After completing Field Sobriety Tests Client was arrested and taken to the station for a breath test, which he refused. Chris prepared the case for trial and continued to pursue an agreement with the state attorney. The DUI charge was dismissed on the morning of the trial, and the client paid a $118.50 fine for the traffic infraction.
State vs. A.C.
The client faced several life sentences for alleged sexual crimes against his girlfriend’s nine-year-old daughter. Chris overcame attempts to stonewall his investigation of the case, going so far as to serve subpoenas for documentary evidence himself. This effort paid off, yielding evidence favorable to the Client’s defense. The best offer from the prosecutor (since Client had no previous record) required Client to serve a twenty-year prison term. Chris took the case to trial. After Chris’s opening statement to the jury, the prosecutor approached and said he saw the case in a new light. Chris negotiated a sentence that meant the Client would serve six more months in the county jail, followed by probation.
State vs. S.W.
The client was charged with possession of marijuana. The client’s girlfriend called 911 in the middle of the night after she could not awaken him in his bed. The client physically resisted paramedics as they tried to subdue him for treatment. Citing a policy to respond to reports of possible drug overdoses, the police officer arrived thereafter, entered the client’s bedroom, and began to search it. The officer claimed that he found marijuana on the Client’s side of the bed in plain view. Chris filed a motion to suppress, alleging the officer’s entry and search were illegal. The charge was dismissed before the motion was heard in court.
State vs. J.W.
The client was charged with Battery of his girlfriend’s ten-year-old son. The client’s work involved matters of national security and required him to maintain a top-secret security clearance, so a plea to any charge was not an option. Chris took the case to trial and demonstrated for the jury through questioning the assigned investigator with Child Protective Services the strong reasons to doubt the accusations. The jury found the client not guilty and was in tears as the verdict was read, the weight of the pending prosecution having been lifted after over fourteen months.
State vs. M.O.
The client was stopped on his scooter and charged with Violation of Driver’s License Restriction. A limited driving permit had been issued to the Client that allowed him to drive for Business Purposes Only. The client wanted no plea deal, so the case went to trial only after extensive pretrial motions. At trial, Chris demonstrated to the jury that the officer (who was familiar with Client) had changed his story on why he had stopped Client. The jury could not reach a unanimous verdict, so a mistrial was declared. At the Client’s second jury trial, when the state rested its case, Chris made a motion citing an often-overlooked rule of Florida law. The motion was granted and the Client was acquitted.
State vs. N.G.
The client was arrested for the felony charge of Resisting Arrest With Violence. The arresting officer pepper sprayed and beat Client in response to Client’s attempt to break free of a painful hold executed by the officer. At a jury trial, Chris showed by questioning another police officer in the same department that the arresting officer used unreasonable force to subdue the Client. The client was found not guilty by the jury.
State vs. J.C.
The client was charged with DUI, Leaving the Scene of an Accident, Running a Red Light, and Driving Without a Valid License. The driver of the other vehicle involved in the crash positively identified the Client as the driver. Police found the client two blocks from the crash scene, where the SUV Client was riding in was resting on its roof. The client was arrested and blew a .162 on the breath test. Chris took the case to trial and showed the jury that the Client’s friend had been driving and lied to the police because he had also been drinking. The client was acquitted on all charges.
State vs. B.M.
The client was accused of Aggravated Battery and faced a lengthy prison sentence. Witnesses saw the Client drive off the road and hit his girlfriend with his pickup truck after screaming threats to kill her. Chris’s only opportunity to speak with the victim came on the morning of the trial. After their conversation, Chris negotiated with the state attorney for a reduced charge of misdemeanor battery. The client did not receive probation.
State vs. A.W.
The client faced a DUI charge after running into the rear of a dump truck on US 19. The police report stated that she gave incoherent responses to questions, and a blood test revealed several controlled substances in her system. Chris got the state attorney to consider that the Client had suffered a head injury due to the crash and had many medical issues besides. He negotiated a reduction of the DUI charge to Reckless Driving and probation.