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Resisting Arrest and Disorderly Conduct

Posted in Case Results on November 18th, 2013

Case No: 13-XXXXXXMM10A

Facts: The defendant was arrested and charged with one count of Resisting Arrest without Violence and one count of Disorderly Conduct. The entire incident was alleged to have occurred on the top floor of the Hard Rock Hotel parking garage. Mr. Sobel immediately filed a request with the court for an order allowing the issuance of a subpoena duces tecum. The court signed the order and within days of the arrest, a court order was served for the production of the surveillance video.

After the court imposed deadline for the production of the surveillance video passed, Mr. Sobel filed a Petition for a Order for a Rule to Show Cause. The Seminole tribe offered multiple excuses as to why they failed to turn over the video including that the video was destroyed because nothing would have been captured on the video. Finally, an officer from the Seminole Police Department appeared in court. They indicated that nothing would have been captured on the video. Mr. Sobel was prepared for this argument and showed the court photographs of numerous surveillance cameras in the area where the incident occurred.

The court entered an order at the request of Mr. Sobel preventing the introduction of any testimony from any officer about what occurred while on the parking lot roof.

Case Outcome: After the court entered the order that Mr. Sobel requested, the Office of the State Attorney dismissed all charges against the defendant.