The Lauderhill police were called to the Swap Shop Flea Market by a shop owner who claimed that my client, Andrea H, stole purses from his shop and then got into a physical altercation with him when he confronted her. The responding officer claimed to have seen swelling and redness to both of the shop owner’s eyes and lacerations to the shop owner’s finger, where he claimed Andrea bit him. The officer would additionally claim that once in the holding cell, Andrea was combative and refused to cooperate and had to be restrained.
Andrea was charged with strong arm robbery and resisting arrest without violence. At trial, I focused on the “dirty hands” of the shop owner. I was able to show that the shop owner was selling counterfeit objects and not paying taxes on those items. This didn’t go over well with the IRS agent who was one of our jurors (whoops, how did he get on the jury?). I also showed that the evidence may have established that the daughter was somehow culpable in the taking of the purses, but that did not transfer to Andrea, who was not found to have any of the items on her person, or to have been in the vicinity of her daughter when this occurred. My favorite IRS agent was the foreman of the jury and my client was acquitted.
Trial attorneys need to have a strategy when going to trial. They need to be prepared to tell a story that jurors can accept. To be successful, trial attorneys need to select the type of jurors who will be more accepting of their version of events. The prosecutor should have known never to allow an IRS agent to be a member of a jury panel, when he knew his witnesses were shadier that a maple tree. Andrea was fortunate to have hired an attorney who knew exactly what he wanted to say and to whom he wanted to say it. Your liberty hangs in the balance, so choose your attorney wisely