Notable Cases

The following is a representative sampling of the types of cases Edward Reagan has handled and does not include all cases handled recently. Click on any of the titles to see the full case description.


 

Recent Cases

The following is a representative sampling of the types of cases Edward Reagan has handled and does not include all cases handled recently.

Date:               02-10-16

Case No.:        15CT011978AXXXNB

Charge:          DUI with Property Damage

                       Leaving the Scene of an Accident (LSA)

Facts:

The client was involved in an accident where it was alleged that she hit another vehicle and fled the scene. The client parked her car in a parking lot where officers located her and began a DUI investigation. She performed roadside exercises and gave breath alcohol sample of .177/.179 as requested by the officer. She was arrested for DUI and also ticketed for Leaving the Scene of an Accident.

Result:

Mr. Reagan filed various motions on this case, including a Motion to Suppress statements and more importantly, a Motion to Suppress the Breath Test Results. Both motions were granted. The Motion to Suppress the Breath Test Results was based on the fact that the officer essentially forced the client into giving a sample of her breath by not explaining her options and rights when she asked.

After winning the hearing on the filed motions, Mr. Reagan was able to negotiate a plea with the State, where the DUI and the LSA were dismissed and the client took a plea to a Reckless Driving charge.

Date:               02-09-16

Volusia County Court Case No.: 2015305354MMDB

Charge:          Driving Under the Influence

                        Reckless Driving

Facts:

The client was stopped by Daytona Beach Shores PD for allegedly driving his vehicle at a high rate of speed through a parking lot. The officer observed that the client had bloodshot glassy eyes and a strong odor of an alcoholic beverage coming from his breath. The client performed Field Sobriety Exercises and was subsequently arrested for suspicion of DUI. The client refused to give a sample of his breath.

Result:

Mr. Reagan filed several motions including a Motion to Dismiss Refusal to provide a breath test after a previous Refusal and Motion to Suppress Statements in Violation of Miranda. The State conceded the Motion to Dismiss the Refusal as Mr. Reagan had previously argued successfully to set aside the administrative suspension on a previous DUI arrest of this client in 2013. The client was found Not Guilty of the DUI charge in 2013 as well. The client’s driving record did not reflect the previous refusal but his NCIC(National Criminal Arrest Record) reflected the arrest. As such, the State Attorney’s Office could not establish the prior Refusal which is a predicate for filing the criminal charge of Refusal.

In filing the Motion to Suppress Statements in Violation of Miranda, Mr. Reagan was able to demonstrate to the prosecutor how unprofessional the arresting officer conducted himself during the investigation. Mr. Reagan was able to negotiate a plea to the lesser included charge of reckless driving and the DUI charge was dismissed.

The client avoided two convictions for DUI in less in two years because he hired Mr. Reagan.

 


 

Date:      11-16-15

Palm Beach County Juvenile Case Nos. (2014-0017@#A02) & (2014-0016#$A02)

Charge: Sexual Battery on a child under the age of 12

Facts: Two brothers were charged with sexual battery on a child under 12 years of age. The alleged victim was their half-sister (same mother different fathers). The mother was pursuing a child support modification against the father of the daughter when these allegations were brought to law enforcement’s attention. Despite no physical evidence that the child had been penetrated (hymen intact and no DNA evidence) coupled with the fact that the daughter gave inconsistent statements about the events, the state attorney’s office filed sexual battery charges on the brothers.

If brothers were convicted of the sexual battery charges they would have been deemed sexual offenders and would have been required to register as such for the rest of their lives.

Result: Edward Reagan conducted depositions of all law enforcement, the father of the daughter, the stepmother of the daughter, and of the child itself. After completion of all discovery, Edward Reagan was able to negotiate a resolution that allowed the boys to plead guilty to the misdemeanor charge of battery. The felony sexual battery charges were dismissed pursuant to the plea agreement. The brothers will not be sex offenders and will be able to expunge their criminal history since the court did not adjudicate the brothers delinquent.

 


 

Date: 11-03-15

Case No. 502015MM013568AXXXMB

Charge: Domestic Battery

Facts: Client is going through a divorce with his wife. Client shows up at his wife’s house along with his new girlfriend to discuss issues going on in the divorce case. An argument ensues, law enforcement is called and the client is arrested for domestic battery.

Result: Charges dismissed! Edward Reagan was able to reach out to the prosecutor and explain the alleged victim’s (wife) mental state and provide a current list of medications she was taking to demonstrate to the state attorney’s office that the allegations were false and conjured up to gain advantage in the divorce case.

 


 

 


 

Date: 10-30-2015

Case No. 50215CF0099224AXXXMB

Charge: Battery on a Law Enforcement Officer; Public Intoxication.

Facts: The Defendant had an altercation with another individual at a local establishment. Law Enforcement separated the parties and arrested my client for public intoxication and battery on a law enforcement officer.

Result: Edward Reagan successfully negotiated a Deferred Prosecution agreement where all charges will be dismissed.

 


 

 


 

Date: 10-05-2015

Case No. 15-00870CTAXMX

Charge: DUI (4th)

Facts: Client was stopped for speeding. Law Enforcement pursued him for more than a mile before he pulled over. Client had 3 previous convictions for DUI. He spoke with a slur, smelled of alcohol and had a ruddy complexion common in heavy drinkers. Client completed standard roadsides as requested and was arrested for DUI. Client fell asleep in the back of the patrol car almost immediately.

Results: Jury Trial- Client found NOT GUILTY in less than 20 minutes. If convicted as charged, the client would have suffered a lifetime driver’s license revocation.

 


 

 


 

Date: 09-30-2015

Case No. 432015CT001095XXAXMX

Charge: DUI

Facts: Client was stopped for failing to maintain single lane. Law enforcement officer observed an odor of an alcoholic beverage, slurred speech, and dexterity problems. Client was ordered out of the car. Client refused to perform roadside tasks. Client was arrested for DUI. Refused breath test.

Results: Edward Reagan filed a number of motions challenging various aspects of the officer’s investigation. State Attorney reduced charges to reckless driving.  DUI dismissed.

 


 

 


 

Date: 09/28/2015

Case No. 15 CT2183

Charges: Burglary of an Unoccupied Dwelling

Facts: Client was a juvenile seen in the backyard of a neighbor’s home with another person. Client and adult accomplice were then seen going into the juvenile’s home. Law enforcement arrives at juvenile’s home, took statements from all witnesses, and client was arrested and taken to DJJ.

Results: Client retained the services of Edward Reagan who was able to investigate the matter and provide additional information to the state attorney’s office. The state attorney agreed to a diversion program where the client was sent to youth court. No Delinquency charges filed!

 


 

 


 

Date:    06/12/2014

Case No.    502014CF00007AXXXMB

Charges:    Trafficking in heroin; Possession of cocaine with intent to distribute; Possession of oxytocin.

Facts: Client was located in a parking lot known for drug distribution and prostitution. He was confronted by law enforcement after being observed drinking from an open container. Law enforcement made contact with client’s vehicle and cocaine was observed in “plain view”. Client was arrested and booked into the county jail.

Results: Edward Reagan was able to establish that the heroin, which tested positive at the scene was a “false positive” for heroin. Counsel was able to demonstrate to the state attorney that the money defendant had on his person was legally earned and the drugs were for personal use and not for sale. Charges reduced to straight possession charges, which qualified the client to participate in the Drug Court program. Client successfully completed the Drug Court program and all charges dismissed!

 


 

 


 

Date: 08/18/2015

Case no. 2015002189AXXXMB   2015-305DV

Charges: Domestic Battery and Injunction for Protection against Domestic Violence

Facts: Client and his live-in girlfriend were in the midst of a break up. Girlfriend refused to work and stated she had no residence to move to. Girlfriend called Law enforcement and made an allegation that she was a victim of Domestic Violence. Law enforcement arrived at home and arrested client, thereby giving her exclusive use of the home as the client was ordered by the judge not to return to the residence.

Results: Domestic Battery charge Dismissed! Client hired Edward Reagan who immediately investigated the case. Counsel was able to explain to the state attorneys the history of the relationship and how this allegation was nothing more than a ploy to get the home they shared.

Even though the case was dismissed a hearing on the Injunction for Protection against domestic violence was conducted. At that hearing counsel was able to cross-examine the alleged victim as to her statements and was able to demonstrate to the court that there was no legal basis to enter an Order for protection. Court denied entry of the Order and client was able to return to his home.

 


 

 


 

Date: 06/05/2014

Case No. 502013CF011296

Charge: Burglary of Dwelling

Facts: Client was arrested for burglary of a dwelling. It was alleged that my client had an argument with a neighbor at a local bar. Client threatened to burn his house down. Owner of home returned to his home later that night to find his home destroyed with condiments from the refrigerator, and his $25,000 piece of artwork destroyed. Eyewitnesses placed my client in the house committing the burglary.

Results: Burglary charges dismissed. Client retained the services of Edward Reagan who was able to demonstrate by taking the deposition of the eyewitness and law enforcement that she could not have seen what she had sworn to in her written statement due to her vantage point at the time of the crime.

 


 

 


 

Date: 07/21/2104

Case No. 432014CF000810CFAX

Charges: Burglary with a Battery -1st degree felony punishable by life

Facts: Client and alleged victim had child in common and were not married. Client and girlfriend had purchased a home in a gated community and were in the process of breaking up. Client sued girlfriend for his share of the increased value of the home since purchasing it. Girlfriend claimed he had no interest in the property as it was deeded in her name only.

Girlfriend claimed that client broke (he no longer was living there) into the house in the middle of night and put his hand over her mouth as she slept and took her to the kitchen area of home. In the kitchen, he struck her causing injuries. Client arrested and charged with burglary with a battery.

Results: Case Dismissed! All criminal charges dropped. In the interim, a hearing on an Injunction for Protection against Domestic Battery was conducted. Due to the fact my client had a pending 1st degree felony pending, I invoked his 5th Amendment right to remain silent. The court granted the Order for protection but counsel was able to systematically destroy the state attorney’s case through a well-prepared and skilled cross-examination. The state reviewed the transcript from the Injunction and dismissed the charges immediately.

 


 

 


 

Date: 11/06/2014

Case No. 502014CT006661

Charges: DUI – 3rd offense within 10 years

Facts: Client was involved in an accident where she spun her car out on I-95 during rush hour traffic. She was transporting two cases of liquor in the rear of her SUV. The impact crash caused one of the bottles to break and spray throughout the interior of the car. FHP investigated the crash and requested standard field side sobriety tasks. Client did poorly and was arrested for DUI. She refused breath test.

Results: Jury trial – NOT GUILTY! Client did not suffer 10-year driver’s license revocation.