Goals And Results
It is our Firm's goal to provide high quality legal representation, and to obtain a favorable outcome for our Clients. Each case is different, and the results listed below may or may not be obtainable on a specific case. Below are some of our goals, and a summary of some of the results we obtained for some of our Clients in the past.
Getting the Client Acquitted by a Jury in State or Federal Court.
Mr. Brener has had numerous acquittals before the State and Federal courts. Recently, in August 2008, Mr. Brener received a NOT GUILTY verdict on a Lewd and Lascivious Molestation charge. The Defendant walked out of jail a free man. In November 2008, Mr. Brener was appointed on a Murder case which was scheduled for trial two weeks later. Mr. Brener and Ms. Redd picked a jury, and subsequently successfully argued for a MISTRIAL after improper questioning by the prosecutor. In 2007, Mr. Brener successfully reversed a client’s conviction for robbery, and thereafter filed a Motion to Suppress All Evidence, which was granted by the Court. The case was dismissed, and the client walked out of prison twenty-five (25) years early and a free man. He recently represented two clients who each received Not Guilty verdicts in Federal District Court. Both were acquitted of all charges. In 2006 and 2007, Mr. Brener tried several other cases, including a murder with a firearm case where the Client shot the victim, a woman, at point blank range in front of a witness. The jury returned a verdict of Not Guilty of the murder charge, as well as of child abuse, and found him responsible for the lesser charge of manslaughter. Although the Client was still facing the possibility of thirty (30) years in prison, and the minimum recommended sentence was ten and one half (10 ½) years, Mr. Brener and his co-counsel were able to persuade the judge to depart substantially downward, and to sentence the Client to only five (5) years incarceration. At the Law Offices of David A. Brener, P.A., we work hard to investigate and prepare our case, and strive to provide aggressive, and high quality legal representation.
Eliminating the Death Penalty as a Possible Penalty:
Mr. Brener has defended twelve (12) capital murder cases. In ten (10) of those cases, including two in 2008, he was able to persuade the state attorney to waive the death penalty and seek no more than life in prison. In another case in 2007, Mr. Brener participated in a penalty phase of a capital trial in which the jury recommended against the death penalty and in favor of a sentence of life in prison.
Getting the Charges Dropped Before the Case Goes to Trial.
Mr. Brener has represented numerous clients, who have had their criminal case, or charges within their case, dismissed before trial. In 2007, Mr. Brener successfully reversed a client’s conviction for robbery, and thereafter filed a Motion to Suppress All Evidence, which was granted by the Court. The case was dismissed, and the client walked out of prison twenty-five (25) years early and a free man.
Getting the Evidence Suppressed Before Trial.
If the case cannot be dismissed, getting evidence suppressed before trial may weaken the state's case. Mr. Brener has successfully suppressed evidence in numerous cases.
Getting the Client's Bond Substantially Reduced.
Frequently the bond set at first appearance is too high for the client to post. Getting the Client out of jail is one of our highest priorities. Mr. Brener has succeeded in doing this, before arraignment, on many occasions, and typically moves to set or reduce bond within 24 hours of being retained.
Presenting an Alternative Sentencing Proposal.
Sometimes the Client must face sentencing. In order to get the Client the best sentence possible, it is sometimes necessary to think outside the box, and present an alternative sentencing proposal. Mr. Brener has successfully recommended alternative sentences which involve less punishment than is being sought. Recently Mr. Brener successfully argued in Federal Court against the Firearm Enhancement, and saved the Client years in prison. Mr. Brener received downward departures from the recommended sentencing guidelines in several other recent state and federal cases.
Getting the Prosecutor to Offer a Plea Under the Sentencing Guidelines.
Non-capital felony sentencing is based on the criminal punishment code, which may provide, depending on the crime, a minimum sentence. Mr. Brener has successfully persuaded the prosecution on numerous occasions, to go below that minimum sentence.
Finding Witnesses for the Defense.
Whether it is an alibi or eyewitnesses, finding witnesses who were not disclosed by the police may be an important part of the defense of a criminal case. Through the use of trained private investigators, our Firm has successfully found witnesses on numerous occasions. While the outcome in each individual case depends on a multitude of factors, including the specific facts of the case, the makeup of the jury, the skill of the defense lawyer and the prosecutor, and the rulings of the judge, of paramount importance in obtaining a favorable outcome is investigation and preparation.
Forcing the State to Make a Quick Resolution.
Sometimes, the prosecutor does not want to drop the case, but does not seem to want to go to trial. On some occasions, demanding a speedy trial may persuade the prosecutor to dismiss the case. Mr. Brener has successfully employed the speedy trial rule numerous times.