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Inciting a Riot and Resisting Arrest without Violence

Posted in Case Results on July 22nd, 2013

Case No: F13-XXXXXX (Miami-Dade County)

Facts:   The defendant was arrested the night the Miami Heat won the championship.  He was charged with one count Inciting a Riot and one count of Resisting an Officer without Violence. Mr. Sobel was hired immediatly after the arrest.  This allowed Mr. Sobel to run his own criminal investigation into the facts and circumstances surrounding the arrest.

Mr. Sobel was able to locate a surveilance video that captured the entire encounter on video.  Mr. Sobel contacted the Office of the State Attorney to see if they had viewed this video.  They indicated that they had not seen the video and was not inclined to get a copy.  In response, Mr. Sobel filed an emergency motion with the court to allow him to issue a Subpoena Duces Tecum to obtain the video.  In court the Assistant State Attorney oposed the issuance of the subpoena.  Ultimatly, the court allowed Mr. Sobel to issue the subpoena.  Mr. Sobel was able to get the surveilance video which showed the defendant doing nothing wrong prior to being attacked by 6 police officers.

Outcome:  The Office of the State Attorney declined to file formal charges.  The defendant never had to step foot in the courthouse.