Escape and attempted escape charges in Florida are serious felony crimes, and they can be difficult to defend against. However, the Fort Pierce criminal lawyers at Kirschner & McEnery recently won a dismissal of all charges against our client who was facing attempted escape charges in a high-profile case.
Factual and Procedural Background
The defendant is a multi-millionaire born in France and a dual citizen. After being charged with numerous felony counts in 2016, the man fled the U.S. to his private castle in northern France. He remained there for three years, and France would not extradite him.
While traveling in the Dominican Republic, the defendant was detained by Dominican authorities and extradited to the U.S. In Spring 2023, the man was in custody in the Indian River County Jail awaiting trial. He was charged with attempted escape from the jail in a conspiracy involving five fellow inmates. In Florida, the crime of attempted escape is subsumed into the escape statute, which means that if the man were convicted of attempted escape, he would have faced the same penalties as he would for escaping.
The defendant had posted bonds for some of the inmates and then hired them to work for his company. Other conspirators included the man’s employees and partners in his various companies.
The Indian River County Sheriff held a press conference that received international media coverage. He talked about how his office’s “brilliant investigation” uncovered the conspiracy plot and led to the apprehension of all of the conspirators, including the defendant, before the attempted escape occurred.
Other than the defendant, the other conspirators accepted plea offers of leniency from the state and agreed to testify against the defendant in exchange for lighter sentences. The defendant hired a Port Saint Lucie escape attorney at Kirschner & McEnery to represent him in the criminal attempted escape case.
His Port Saint Lucie escape attorneys at Kirschner & McEnery filed a demand for a speedy trial. The strategy behind this demand was to ensure the state would not be prepared to try the case on time since the Sheriff’s investigation was faulty and not thorough.
Even though the state filed numerous last-minute evidentiary disclosures, including thousands of pages of discovery and hundreds of hours of audio and video surveillance, Kirschner & McEnery did not relent and demanded to move forward with trial.
A jury trial was held, beginning on Dec. 11, 2023. The state called 12 witnesses, including four conspirators and a circuit court Judge. However, the Port Saint Lucie escape attorneys at Kirschner & McEnery had thoroughly investigated the case and found case law that indicated the jury trial should result in a not guilty verdict. While our Fort Pierce criminal lawyers assumed the prosecution would figure out the issue and refile the charges differently, they didn’t.
After the prosecution presented all of its evidence, called all of its witnesses, and rested its case, the defendant’s Fort Pierce criminal lawyers filed a motion for judgment of acquittal, presenting the court with the obscure case law they had found. The judge, who had 25 years of experience and had been specially appointed to hear the case on short notice, had never before granted a defense felony JOA motion, granted the dismissal.
The defendant was acquitted of the escape charge. All four of the conspirators were convicted and have been sentenced.
Florida Escape Charges
Under § 944.40, Fla. Stat. (2023), anyone who is confined in jail or prison and escapes commits a second-degree felony. This statute also includes attempts to escape confinement. This charge carries a potential penalty of up to 15 years in prison, a $10,000 fine, and up to 15 years of probation.
Escape charges can be difficult to defend. An attempt includes taking actionable steps to complete the crime even if the crime is ultimately not completed.
Our attorneys at Kirschner & McEnery were able to beat our client’s attempted escape charge despite the fact that four conspirators pled guilty and testified against him. We did so through diligent research, investigation, and pursuing a strategy to demand a speedy trial to keep the prosecution from being able to prepare thoroughly. Since the prosecution failed to find the case law that mandated a not guilty verdict because of how our client was charged before they rested their case, the court had no option but to dismiss the charges against our client. Since he had already been prosecuted, the state couldn’t file new charges to try to prosecute him for the same conduct.
Talk to a Port Saint Lucie Escape Attorney
If you are in need of experienced legal help with criminal matters, consult the experienced Fort Pierce criminal lawyers at Kirschner & McEnery. We have a strong track record of success and can explain your legal options. Contact us today at (772) 489-8501 to learn more.
