JUDGE THROWS OUT CRIMINAL MISCHIEF CHARGE In State of Florida vs. TB-S, 94-2663-MM, the nineteen (19) year old Defendant was charged with Criminal Mischief, a second degree misdemeanor under Florida law. Some would consider it a ‘minor’ crime, as the statutory maximimum penalty provided is “only” sixty (60) days in the County Jail, Six (6)...Read More

29 Minute NOT GUILTY verdict Frees Innocent Man, Wrongfully Accused, facing Life in Prison. After a week long jury trial, on April 1, 2010, the jury in State of Florida vs. A.M., St. Lucie County Case # 56-3008- 4630, returned its NOT GUILTY verdict in an incredible 29 minutes. A.M. was charged with arguably the...Read More

CZH, 19 years old and a student at Indian River State College, along with his girlfriend, A.K., went for a drive to go shopping in Martin County, Florida on May 19 of 2009. The nightmarish scene that followed, some would argue, could only occur in the 19th Judicial Circuit, where overzealous and aggressive law enforcement...Read More

In State v. G.H., St. Lucie County Case No.: 2009CT4328A, the Defendant was returning home late one evening after having dropped a new friend he’d met at their residence. As G.H. was a student in the Treasure Coast, he was not entirely familiar with the layout of roads, and was unable to negotiate the route...Read More

1. In State of Flordia vs. J.B., St. Lucie County Case No.: 56-2009-CT-1925A, J.B. was charged with DUI. If convicted, given J.B.’s driving history, he would without doubt have been sentenced to a substantial amount of time in jail. The facts: On May 24, 2009, J.B. was southbound on U.S. Highway 1 shortly after midnight....Read More

Jonathan Jay Kirschner of Kirschner & Garland, P.A., Fort Pierce, for petitioner. Robert A. Butterworth, Attorney General; and Georgina Jimenez-Orosa and Carol Cobourn Asbury, Assistant Attorneys General, West Palm Beach, for respondent. WELLS, Judge. We have for review Gibbs v. State, 676 So.2d 1001 (Fla. 4th DCA 1996), in which the district court certified the...Read More

30 So.3d 725 (2010) R.N., a minor, Petitioner, v. STATE of Florida, Respondent. No. 4D10-1194.District Court of Appeal of Florida, Fourth District.April 7, 2010.Jonathan Jay Kirschner of Jonathan Jay Kirschner, Esq. & Associates, LLC, Fort Pierce, for petitioner. Bill McCollum, Attorney General, Tallahassee, and Katherine Y. Mclntire, Assistant Attorney General, West Palm Beach, for respondent....Read More

JUAN JOSE FARIAS, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-406. District Court of Appeal of Florida, Fourth District. March 31, 2010. Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County, Gary L. Sweet, Judge, L.T. Case No. 562004CF3201A. Jonathan Jay Kirschner, of Jonathan Jay Kirschner, Esq. & Associates, LLC, Fort...Read More

In State v. J.F., St. Lucie County case number 56 2004 CF 320/  DCA # 4D08-406,  the Defendant was charged with one (1) count of Lewd and Lascivious Molestation of a ten (10) year old child.   The charge carries with it a maximum prison sentence of thirty (30) years in the prison. J.F. was a...Read More

BOTTERBUSCH v. BOTTERBUSCH Cite as 851 So.2d 903 (Fla. App. 4 Dist. 2003)Donald L. Botterbusch, Appellant,v. Terri L. Botterbusch, Appellee. No. 4D03-1831 District Court of Appeal of Florida, Fourth District. Aug. 13, 2003Mother, who was primary residential parent of child, brought action seeking residential parent of child, brought action seeking permission to relocate. The Circuit...Read More