A Sex Crime Accusation Could Have Destroyed Our Client's Life. Learn How Our Defense Lawyers Got the Charge Dismissed.

September 19, 2016

A Sex Crime Accusation Could Have Destroyed Our Client's Life. Learn How Our Defense Lawyers Got the Charge Dismissed.

We recently were asked to help out a client who was arrested on very serious charges in Miami-Dade County, Florida. In this felony case, three people were charged with Sexual Battery as a part of an alleged South Beach gang rape.

The Miami-Beach Police Department arrested the client however, the Miami-Dade County State Attorney's Office declined to formally file a criminal charge. As such, the charge against the client was dismissed. How were we able to get this felony charge dismissed? Our sex crime defense lawyers conduct thorough investigations to defend our clients. Learn the steps we took to discover what really happened that evening in the hotel.

The Felony Arrest

On March 23, 2011, a nude 21-year-old female college student burst out of a Fontainebleau hotel room and ran crying about being raped as she ducked into an open elevator. Within minutes, 3 young men from California were in the custody of hotel security and the Miami-Beach Police. The victim claimed that she met the men at a Shelburne Hotel pool party and they offered to secure her and her girlfriend's purse in their room. The men were registered at the famed Fontainebleau. Though the two hotels were separated by some 20 blocks, the victim decided to accompany the client back to the Fontainebleau.

Once inside the room, the victim claimed that the subjects held her down and took turns having sex with her. Ultimately, she reported that she was able to escape the room when one of the men let go of her leg and she was able to kick one of the men in the chest and flee the room. The police noted that the victim had bruises and abrasions which were consistent with her version of the incident. The client and the two other men were interviewed by the police and reported that the sexual encounter with the woman was completely consensual. The men were each subsequently charged with one count of sexual battery involving multiple perpetrators, a first degree felony punishable by 30 years in prison.

How We Responded to the Accusations

The men were booked into the Miami-Dade Jail and held without bond. We were hired within days of the incident. We drafted and served subpoenas seeking surveillance footage from the Fontainebleau and the Shelburne. Additionally, we sent investigators out to interview and locate witnesses and to investigate the victim.

The surveillance footage, witnesses and other evidence we uncovered established serious questions regarding the credibility of the victim. Some of the surveillance footage completely contradicted the assertions by the victim. We also had our Client submit to a polygraph examination, which he passed.

We provided all of this information to the prosecutor. As a result, the assistant state attorney concluded that there was insufficient evidence to support the crime and she dropped the case against our client and the two other men.

Why Were We Successful in Defending Our Client?


In Miami-Dade County, a prosecutor in the Sexual Battery Unit is assigned to review each sexual battery case where an individual is arrested by the police. The task of this prosecutor is to decide one of three options: increase the charges alleged by the police, reduce the charges alleged by the police, or dismiss the charges. This review process occurs between the time of the arrest and the arraignment. This process is commonly referred to as the pre-filing decision.

We believe this process is critically important to properly defending a client. During this process the attorney for the accused can submit evidence, witnesses and argument for consideration by the prosecutor in making her/his decision. Obviously, it is easier to convince the prosecutor not to file the case rather than wait to see if they file the case and then try to convince them that they made a mistake.

To protect yourself in the event of an arrest, always consult with a lawyer. Call us at (305) 444-0030 to help you get the best possible outcome if you are being charged with a crime.