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Fighting for your freedom in Florida and throughout the United States. Case Results In the News

Case Results

Below is a sampling of past case results involving sex crimes and cyber crimes cases.

Case #: No Case Number
Federal Possession of Child Pornography in the Southern District of Florida. Client was in possession of over 40,000 images. Client was facing up to 10 years in prison with a range of almost 7 years at the bottom of the guidelines. Through various means, including but not limited to psychosexual evaluations, computer forensics, extensive legal research and writing, the Judge granted a departure and client was very happy that his sentence was reduced.


F12XXXX - Miami-Dade – Client arrested for Capital Sexual Battery charge, a non-bondable felony, being held no bail. After presenting evidence to the State, bond was agreed to and client released prior to arraignment. Case dismissed after presenting evidence that the victim was lying and using the charge for immigration purposes.


Case #: F99XXXXX
Client went to jail for violating his sex offender registration. Sex offender registration is mandatory for a majority of sex crime offenders in Florida, but Attorney David Seltzer was able to prove that the client should not have been a sex offender in the first place. As a result, the sex offender registration was removed.
Result: Client hired Attorney Seltzer to fight his sex offender registration violation and charges were removed.


Case #: 11XXXXXXCF10A and 11XXXXXMM10A
Client was arrested after an undercover sting operation wherein the Broward Sheriff's Office pretended to be an 18 year old female and later disclosed she was only 15, in an attempt to lure client into committing a crime. Client was arrested forillegally soliciting a minor. After review of the evidence and negotiations with the Broward County State Attorney's Office, David Seltzer, Broward Criminal Online Solicitation Attorney, was able to demonstrate to the State why the charges should be amended. The charges as they stood carried with it a penalty if convicted of Life Time Sex Offender designation.
Result: Charges were reduced to misdemeanor solicitation of a prostitute and case was resolved to a withhold of adjudication and no Sex Offender designation.


Case #: F99XXXXX and F11XXXXX
Client was originally charged in Miami Dade County, Florida, with Sexual Battery on a Minor and kidnapping, but both those counts were nolle prossed at the time of plea. The client plead to Misdemeanor Battery and False Imprisonment (§787.02, Fla. Stat.), and a Judgment and Sentence was entered in January 2000. Although he was never adjudicated guilty, a Finding of Guilt and Order Withholding Adjudication was entered in February 2000, which imposed special conditions including probation for a period of two (2) years s/c 175 CSH, SAO Victim and Values Course. That Finding of Guilt and Order Withholding Adjudication did not contain any findings that the Defendant was designated by the trial court as a sexual offender. Under the law there is an "exception" to the False Imprisonment Statute (§787.02, Fla. Stat.) that requires registration as a sexual offender. However, the designation does require an order be signed in order to trigger that exception, which was never signed in this case. It is unclear as to who forced the client to register with the Florida Department of Law Enforcement as a sexual offender; however, the designation as a sexual offender is and was illegal for lack of the requisite finding as to the age of the victim. Therefore, after review of the Court file and the filing of a Motion to Vacate Sexual Offender Designation, after ten (10) years for being designated as a Sexual Offender, being sentenced to Prison and incarcerated, David Seltzer, Miami and Broward Florida based Sex Crimes Criminal Defense Attorney successfully VACATED the Client's Sexual Offender Designation.
Result: Client no longer Registered Sex Offender


Case #: CF07XXXX
Charges: Solicitation of a Minor and Traveling to Meet a Minor. David S. Seltzer, Miami/Fort Lauderdale Criminal Cyber Crime Defense Attorney was hired by another local Miami Criminal Defense Lawyer to aid in the defense of this matter. After review of the evidence and forensic discovery, David S. Seltzer, Miami/Fort Lauderdale Criminal Cyber Crime Defense Attorney, carefully drafted a motion to suppress the chat logs, as well as an entrapment motion. End result, a negotiated resolution with the Polk County State Attorney's Office, whereby the client pleads to probation to lesser (non sex offender registry) charges.
Result: Probation to lesser charges, therefore, NO Sex Offender Designation and no prison.


Case #: 080XXXXXCF10A
Charges: Sexual Performance By A Child (AKA Possession of Child Pornography). After a search warrant was served and executed, the police discovered multiple images of child pornography on client's computer; in addition to hundreds of images of child erotica (not illegal to possess). After review of the evidence and forensic discovery, David S. Seltzer, Miami/Fort Lauderdale Criminal Cyber Crime Defense Attorney, negotiated a resolution with the Broward County State Attorney's Office, whereby the client plead to probation to lesser (non sex offender registry) charges.
Result: Probation to lesser charges, therefore, NO Sex Offender Designation and no prison


Case #: 2008CFXXXXXXXXXX
Charges: Online Solicitation (via Webcam). Client was arrested, and extradited to Florida, where he was charged with Lewd and Lascivious Exhibition. Penalty ranged from 21 months to 15 years State Prison. After negotiations and a review of the discovery, David S. Seltzer, Cyber Crime Criminal Defense Attorney, negotiated with the Brevard County State Attorney's Office a non-jail plea.
Result: Client avoids prison, probation - 2 ½ years, guidelines were 21 months State prison up to 15 years.
Miami, Florida Criminal Cyber Crime Lawyer, Client Testimonial


Case #: Investigation
Charges: Possession of Child Pornography, Distribution of Child Pornography; and Transmission of Child Pornography. Search warrant was served and executed at client's home, based on a cyber-tip received through the National Center for Missing and Exploited Children and America Online that an email was sent from client's home with an image of child pornography attached. After a review of the search warrant and discussions with the client, David S. Seltzer, Miami Cyber Crime Criminal Defense Lawyer, presented evidence to law enforcement; and through cooperation and review of the evidence on an on-going basis with law enforcement, Florida Cyber Crime Criminal Defense Attorney obtained a successful result for the client.
Result: No charges filed. All property seized returned to client.


Federal Drug Trafficking – Conspiracy to Possess with Intent to Distribute Five Kilograms of more of Cocaine

Defendant was arrested in Broward County, Florida (Southern District of Florida) after an undercover officer along with a confidential informant set up a fake drug deal. During the arrest, the matter which was captured on both audio and video, my client was present throughout and participated in the transaction. The guidelines were 46-57 months with a 10 year minimum mandatory sentence. Through vigorous and persistent efforts, David Seltzer was able to secure an extremely favorable result for his client and his family.

Results: 24 months – a 96 month departure from the 10 year minimum mandatory and a 22 month departure from the guidelines.


Federal Drug Trafficking – Possession with Intent to Distribute 500 grams of more of Cocaine

Defendant was arrested in Miami, Florida (Southern District of Florida) after other individuals pointed the finger at my client as having been involved in a drug transaction. My client was extradited from California to Miami, where he was charged and faced a minimum mandatory sentence of 5 years in prison for his involvement in these multiple transactions. Facing a 60 month minimum mandatory and guidelines of 30-37 month, David Seltzer fought and battled for his client to secure a result that literally made the client cry. Here is a letter received from the client after his sentencing hearing:

"David, as I am writing this, I'm crying and the other inmates are watching me but I really don't care at this point because there is something that I need you to know. First of all, what you did for me, no words can express my appreciation and you were always honest with me and you did more than what any lawyer would do for their client. You did things on a personal level also, and you really do care about me and my family. You have been there for me from day one and you always gave the best advice and yet stayed professional. You are truly the brother that I always wanted but could never have and I just want you to know that you have a friend for the rest of your life!"

Results: 12 months – a 48 month departure from the 5 year minimum mandatory and an 18 month departure from the guidelines.


Broward County State Court – Possession of a Firearm by a Convicted Felon

Defendant was arrested after discharging a firearm at his apartment complex. Gun was found in proximity to the defendant, with no other individuals in the vicinity. After extensive and lengthy discovery, which included depositions, photos of the scene, and a video of the scene depicting a reenactment of the night in question, Seltzer Mayberg, LLC through its vigorous and persistence was able to secure an amazing result for the defendant.

Results: Probation, NO JAIL – got the State to waive the Minimum Mandatory sentence


Miami-Dade County State Court - Possession of Child Pornography & Transmission of Child Pornography

Defendant and his family hired two (2) other local lawyers prior to turning to Seltzer Mayberg, LLC for assistance. This was a unique case and involved multiple legal issues. However, prior counsels were unable to spot the issues and exploit them. After a short time with the file and reviewing the matter, David Seltzer was able to present various legal matters to the State which resulted in a timely resolution to the case.

Results: Probation as a NON-SEX OFFENDER – No Jail


Miami-Dade County State Court- Possession of Stolen Property & Altering a Serial Number on a Firearm

Defendant's bond was too high for the family to post. Seltzer Mayberg, LLC immediately filed a motion to reduce bond and was able to secure the release of the defendant and save the family money. After the release, the firm turned their attention to the facts of the case and aggressively pursued the State to address the legal issues and concerns with the arrest. After presenting our defense strategy to the State, Client was very satisfied with the results.

Results: Case Dismissed at Arraignment – No Actioned


Miami-Dade County State Court - Possession of a Controlled Substance to wit: Cocaine and LSD

Defendant was arrested at Miami's Ultra Music Festival by an undercover police officer. Client was a student at University of Miami and did not want this to effect his enrollment and his future. Seltzer Mayberg, LLC quickly spotted the issues with the arrest and immediately contacted the Miami-Dade State Attorney's Office to address our concerns. After review with the State, Seltzer Mayberg, LLC secured another successful result.

Results: Case Dismissed at Arraignment – No Actioned – Client Expunging his Record


Federal Court – Client charged with possession of Child Pornography facing a sentence of 0-20 years in a Federal Prison. Guideline ranges negotiated to 57-71 months. After a two and half hour sentencing hearing, numerous experts and evidence presented, Counsel was able to show the Court that his client was not a danger to the community, the need for treatment far outweighed the requirement for a lengthy sentence and that his client was extremely amenable to treatment. The Court weighed the facts, the evidence, the Government's request for a 57 month sentence and imposed a below guideline sentence of 20 months in Federal Prison.

Results: Defendant received a 33 month departure under the guidelines and government recommendation.


Miami-Dade County – Client was charged with indecent exposure of sexual organs. Client was arrested in Amelia Earhart Park for allegedly exposing his sexual organs to an undercover police officer. After a case analysis and vigorous defense of the charges, the defendant's matter was dismissed.

Results: Case Dismissed.


Miami-Dade County – Client served with a Restraining Order. Seltzer Mayberg, LLC prepared for a hearing to present the matter to the Court. After analysis of the facts, the Court dismissed the application of the restraining order.

Results: Case Dismissed.


Miami-Dade County – Client was charged with Felony Driving While License Suspended (DWLS) and was facing five (5) years in Prison. This was the defendant's THRID Felony DWLS. After working the file and showing the State that the defendant was making efforts to reinstate his license, Seltzer Mayberg, LLC was able to VACATE two (2) Felony DWLS charges and get them reduced the No Valid Driver's License (NVDL). Furthermore, the firm was able to show the State on the new case the extensive work by the defendant and the State agreed to reduce the new felony DWLS to a misdemeanor NVDL. The defendant is now working to get his license reinstated in advance of the five year Habitual Traffic Offender suspension and the new resolution will have no bearing or delay that!

Results: Felony reduced to a misdemeanor time served!


Miami-Dade County – Client was charged with SECOND probation violation for the three cases he is on probation for. State was seeking jail time to close out probation. Seltzer Mayberg, LLC was able to prove to the State the need to keep the defendant on probation. Defendant reinstated to probation with the new clause of EARLY TERMINATION once he completes all his requirements.

Results: No Jail Time! Probation reinstated!


Miami-Dade County – Client charged with NON-BONDABLE LEWD AND LASCIVIOUS CONDUCT on a child under 12. Charge is non-bondable. Seltzer Mayberg, LLC had an Arthur Hearing and presented extensive evidence to the Court. After multiple days of testimony and argument, the Court concurred that the State had not met its burden of Proof Evident Presumption Great and issued the defendant a bond!

Results: Client freed from jail.


Brevard County – Client was charged with Lewd and Lascivious Conduct on a child 12-18 years of age. Bond was set in an amount that the family could not reasonably afford. Seltzer Mayberg, LLC filed a motion to reduce bond and presented credible evidence why the State's charging decision was not only duplicitous but served the sole purpose of increasing the bond amount. The Court concurred and reduced the bond to an amount the family could post.

Results: Client freed from jail.


Brevard County – Client was charged with Possession of Child Pornography. Bond was set in extremely high. Seltzer Mayberg, LLC filed a motion to reduce bond and presented credible evidence why the bond amount was excessive given the facts and circumstances of the case. The firm took numerous steps PRIOR to the defendants arrest to put the client in the best position to secure a lower bond. The Court concurred that the defendant was not a flight risk and reduced the bond to an amount the family could post. When you know you may have legal trouble, you should contact an attorney immediately. Waiting is often detrimental and can mean the difference between pre-trial release and pre-trial detention.

Results: Client freed from jail.


Miami-Dade County – Client arrested for Domestic Violence Battery. This defendant was special because he needed to secure a dismissal, his job and livelihood depended on it. Through strategy and preparation, that is what Seltzer Mayberg, LLC delivered! Client got to continue to keep his job and the record is being expunged!

Results: Case Dismissed.


Miami-Dade County – Client charged with two different Domestic Violence Battery cases – a Felony and Misdemeanor. While preparing both cases and working towards a resolution, Seltzer Mayberg, LLC was able to prove to the State that neither case was worth proceeding on. End result, BOTH cases dismissed!

Results: Cases Dismissed.


Miami-Dade County – Client charged with Kidnapping, a life felony, after the sexual battery charge was dismissed. The case went on for some time and through motion practice and legal maneuvering Seltzer Mayberg, LLC was able to a secure a dismissal on all counts!

Results: Cases Dismissed.


Federal Court - Client charged with receipt of Child Pornography. Facing 5 year minimum mandatory sentence up to 20 years. Guidelines were 121-151 months. Counsel fought long and hard trying to convince Court and Government that client was not a danger to the community and that the evidence does not support the incarceration sought by the Government under the guidelines. Court agreed after hearing testimony and reviewing voluminous materials provided by Counsel. Defendant sentenced to lowest permissible sentence by law - 60 months (5 year minimum mandatory) followed by 5 years supervised release.

Result: Court went on to state that under current facts and circumstances he would have sentenced to less if the law would have allowed him too.


Federal Court - Client charged with possession of Child Pornography. Guidelines were in 97-120 months in Federal prison. After cases analysis and extensive research, counsel presented the case to the Court for sentencing. Counsel was able to show the Court the low risk of recidivism as opined by a doctor and the need for treatment that outweighed the need for a lengthy guidelines sentence. The Court concurred and, finding various reasons for a variance, sentenced the defendant below guidelines.

Result: Defendant received a sentence of 60 months, 37 months below guidelines.


Federal Court - Client charged with possession of Child Pornography. Like most clients, no criminal history, no evidence of contact offense, low risk of recidivism. After detailed case presentation to the Court and analysis of the law, both current and past guidelines review, the defendant scored a guideline range of 78-97 months in Federal prison. The Court opined that based on the materials presented a variance was warranted and found that a sentence of 60 months was no disparate and would promote just respect under the law.

Result: Defendant received a sentence of 60 months, 18 months below guidelines.


Federal Court - Client charged with possession of Child Pornography. Like most clients, no criminal history, no evidence of contact offense, low risk of recidivism. After detailed case presentation to the Court and analysis of the law, both current and past guidelines review, the defendant scored a guideline range of 78-97 months in Federal prison. The Court opined that based on the materials presented a variance was warranted and found that a sentence of 60 months was no disparate and would promote just respect under the law.

Result: Defendant received a sentence of 60 months, 18 months below guidelines.


Federal Court - Client charged with Conspiracy to Commit Bank Fraud. Client was arrested and detained initially as she was not a United States citizen. Counsel was able to negotiate her release pre-trial and pre-indictment. After pushing the matter and working diligently towards a resolution with all interested parties, counsel was able to secure a dismissal on all charges prior to an indictment being returned. Counsel was able to show the Government the defendant's lack of knowledge and involvement and that prosecution was not the appropriate matter for this defendant.

Result: Case dismissed.


State Court - Osceola County (Central Florida) - Client charged with traveling to meet and minor, attempted lewd and lascivious battery and solicitation of a minor online. Client was facing prison time under the guidelines and lifetime of sex offender registration. After review of the case file and a detailed analysis of the law and facts, counsel filed three (3) motions of dismiss based on various legal arguments, including a Brady violation and Entrapment. After review of counsel's motions, in lieu of arguing motions, State chose to DISMISS all counts against Client.

Result: Case dismissed.


Miami-Dade County - Client was arrested for misdemeanor Battery. Client also not United States citizen and thus counsel had to be cognizant of any potential immigration consequences. After review of the file and presentation of arguments and evidence to the State, case was dropped.

Result: Case dismissed.


Domestic Violence Injunction - Client was served with request for restraining order. After a lengthy hearing, wherein both parties - petitioner and respondent are in law enforcement - Court sided with Counsel and the respondent and found that the allegations did not rise to the level that required a domestic violence restraining order issue. Based on counsel's presentation and interpretation of the facts, this client's record remained unblemished and she was able to keep her job in law enforcement.

Result: Case dismissed.


Domestic Violence Injunction - Client was served with request for restraining order. Client's ex-girlfriend brought the action against respondent. Application was legally insufficient and the case was tossed from Court as the merits were not justified under the law.

Result: Case dismissed.


Miami-Dade County - Client was arrested for misdemeanor marijuana. Two weeks later he was arrested for Felony marijuana. After working the matter and reviewing the facts and circumstances of each case, counsel was able to secure a dismissal of ALL charges.

Result: Both cases dismissed.


Miami-Dade County - Client was arrested for Attempted Sexual Battery. The allegations were that the defendant forced himself on the alleged victim. No sexual activity took place. State filed as Attempted Sexual Battery. Under the law that statute requires penetration and the "attempt," is not something that the Courts can predict.

Result: After filing and addressing the Court on a motion to dismiss the Attempted Sexual Battery, the Court agreed and tossed out the charge.


Miami-Dade County - Client was arrested for misdemeanor marijuana. Counsel was able to work the case and secure a dismissal for the client. The evidence was inconsistent and thus insufficient to support a conviction.

Result: Case dismissed.


Miami-Dade County - Client was arrested for possession of various narcotics and charged with multiple felonies. After review of the case file and discussions with the State counsel was able to demonstrate various weaknesses in the States case and convince the State that the appropriate resolution is not felonies, rather misdemeanors.

Result: Case closed - misdemeanor probation, no conviction, client retains privilege to drive and keeps felony convictions of his record.


Miami-Dade County - Client was arrested for misdemeanor marijuana. Client missed a court date and had a warrant issued for his arrest. Counsel was able to get the warrant set aside and resolve the case favorably for the defendant. Through counsel's efforts and review of the case and applicable law, State dismissed all charges.

Result: Case dismissed.


Miami-Dade County - Client was arrested for misdemeanor marijuana. Client missed a court date and had a warrant issued for his arrest. Counsel was able to get the warrant set aside and resolve the case favorably for the defendant. Through counsel's efforts and review of the case and applicable law, State dismissed all charges.

Result: Case dismissed.


Miami Dade County - Client arrested for Battery on the Elderly.

Result: Initial offer was probation which would have left my client with a permanent criminal record; however, after extensive work and negotiations client was enrolled in diversion which will culminate in the case being dismissed.


Client had a pending case where the offer for months was 5 years State Prison. Client hired Seltzer Mayberg, LLC who reviewed the facts and worked up the case.

Result: After negotiations and demonstrating why an alternative resolution was appropriate, the State concurred and the 60 Months State Prison was reduced to 18 Months!


Three Counts of Theft, Fraud and Identity Theft. Was able to self-surrender the client, work with the State in advance of the arraignment and in an effort to show them the true facts behind the case.

Result: After review the State agreed and the case was dismissed at arraignment.


Client was arrested after his daughter accused him of inappropriate sexual contact that was lewd and lascivious. The client was facing penalties of 15 years in State Prison for Lewd and Lascivious Exhibition in addition to registration as a sex offender if convicted. Attorney David Seltzer negotiated a complete dismissal and the charges were dropped before the case went to arrangement.

Result: Client hired Attorney David Seltzer to fight these charges, and the case was dismissed.


Client was arrested and charged with his second DUI within six months. The penalty for multiple DUI charges includes mandatory jail time in addition to other penalties. Lawyer David Seltzer was brought in to challenge the evidence and after doing so, the case was dismissed by the court.

Result: Client hired Attorney David Seltzer to fight a 2nd DUI, and the case was dismissed.


Client was arrested for disorderly intoxication in Miami after a night out with some friends. Client did not recall the incident completely, but after review of the evidence, David Seltzer, Miami Dade Criminal disorderly intoxication Attorney, was able to demonstrate to the State why the case should qualify for pre-trial diversion. Therefore once the client completes the terms of pre-trial diversion the case will be dismissed and the client can petition the court to expunge his record.

Result: Pre-Trial Diversion, next step dismissal.


Client was convicted in the F08 case in Miami Dade County Florida, and as a result of the conviction was facing deportation. Client was re-arrested on F10 case and retained David Seltzer, Miami Criminal Defense Attorney. After review of the old case and the new case and through negotiations with the Miami Dade State Attorney's Office, David Seltzer, Miami Criminal Defense Lawyer, filed a motion to vacate the plea in the F08 case and was able to resolve both the F10 and F08 cases wherein the client would not suffer immigration consequences and deportation.

Result: Client is no longer in detention and cases are on the road to dismissal


Client was arrested for Misdemeanor Battery in Miami Dade County, Florida. David Seltzer, Miami Criminal Battery Defense Lawyer, investigated the matter, secured video which the Police did not obtain, and was able to prove the case was not as it appeared. Through negotiations and discussions with the State, the result was favorable.

Result: Case Dismissed.


Client was arrested for uttering forged bills and grand theft. After review of the case file and through discussions with the State, David Seltzer, Miami Criminal Theft Attorney, was able to resolve the matter wherein the client will be eligible to expunge his record and have no trace of it once he completes various requirements.

Result: On the road to dismissal and expunging his record.


Client was arrested for possession of firearm by a convicted felon. After review of the file there were some serious issues with the stop, search and seizure of the Firearm. David Seltzer, Miami Criminal Firearms Defense Attorney, through depositions and motions to suppress was able to secure the most favorable result for his Client.

Result: Case Dismissed.


Charges: Attempted 2nd Degree Murder, Kidnapping, and Grand Theft. Client was arrested and extradited based on an alleged Domestic Violence incident. David S. Seltzer, Miami/Fort Lauderdale Criminal Defense Lawyer, successfully negotiated with the State and the Court, the clients release pending trial on a non-bondable offense. Furthermore, David S. Seltzer, Miami/Fort Lauderdale Criminal Defense Attorney, convinced the Miami-Dade State Attorney's Office that the evidence wasn't sufficient to support a conviction.

Result: Case Dismissed.


Student was charged with aggravated battery on another student. Miami-Dade County Public Schools was seeking to expel the student. After investigating the incident, Mr. Seltzer was able to persuade the School Board that it was not in the Best Interest of the Student. In the end, the Student continues to be a full-time member of MDCPS.


Client was arrested along with a co-defendant for Grand Theft Third Degree - shoplifting, in Miami, Florida. Co-defendant was the individual solely responsible for the crime. The State felt strongly that my client was a co-conspirator and refused to drop the charges. After review of the evidence and discussions with the State, David Seltzer, Miami Criminal Lawyer, was able to demonstrate my client's lack of involvement in the criminal activity.

Result: All charges dismissed.


Broward County Florida – Officer charged with Battery. After speaking to the state and working the case, the State declined to prosecute. Case dismissed.


Miami Dade – Client facing 15 years on a new case and probation violation as a Violent Felony Offender of Special Concern. Prior attorney had offer of 5 years in State Prison. After review of the case and negotiations with the State, was able to resolve the case to 18 Months.
Miami-Dade – Client arrested for Kidnapping, a non-bondable felony, being held no bail. After presenting evidence to the State, bond was agreed to and client released prior to arraignment. Traffic Cases Miami-Dade/Broward – Client's license was suspended. Retained Friday, license unsuspended after motions, hearing in two (2) counties by the following Tuesday.

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