Miami criminal lawyer works out battery charge

August 17, 2009

Former Miami-Dade prosecutor, David Ranck, agreed to enter into the pre-trial diversion in exchange for resolving his case. Ranck was recently charged with battery by his former office. He was accused of punching a pizza delivery woman outside of his Miami-Beach condominium. In exchange for successfully completing the pre-trial diversion program (completing 25 community service hours and an anger management class) the Broward County State Attorney's Office has agreed to drop the battery charge. The plea deal was announced at the arraignment. Ranck was represented by local Miami criminal defense attorney Simon Steckel. Steckel told reporters, "There is no conviction. There is no adjudication. Considering the facts of the case, it is a good resolution for everybody." To avoid a conflict of interest, a Broward County prosecutor was assigned to the case and offered Ranck the program.

The Miami Herald described Ranck as a seasoned prosecutor with the Miami-Dade County State Attorney's Office who had a rocky relationship with his supervisors. He had allegedly been reprimanded for cursing at a Miami criminal lawyer during a murder trial in 2005. The court declared a mistrial and an appellate court released the murder suspect earlier in the year. He is also being scrutinized for another case where he allegedly dropped armed robbery charges against a suspect in the killing of a North Miami pawn shop owner.

Last year, Ranck sued Katherine Fernandez-Rundle in federal court, for allegedly wrongfully suspending him from his duties at the Miami-Dade County State Attorney's Office. In June, a federal judge dismissed the suit.

Pre-trial intervention and pre-trial diversion programs are usually offered to first time offenders. Of course, the pre-trial programs are offered in cases of a less-serious nature and have to be victim approved, as well as approved by the law enforcement officers involved in the arrest. The program is only available in the state court system. The benefit of the program is that once a defendant successfully completes the conditions set forth by the prosecutor, all of the charges will be nolle prossed (dismissed) by the prosecutor. In addition to having the charges dropped, a defendant is then eligible to have the record expunged or destroyed.

Ex-Miami-Dade Prosecutor Gets Deal in Battery Charge, Miami Herald, August 17, 2009.