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DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.
Our client Riley was facing charges in state and federal courts for illegally possessing a firearm. In 2018, Riley was arrested on state and federal felony charges for illegally possessing a firearm. When Riley was charged again for illegal firearm possession in 2021, the stakes were much higher as Riley was now also looking at an additional federal violation of probation charge.
Attorney David Tarras from the Rossen Law Firm was able to get the state case dismissed in Broward County court. He then got the federal violation of probation charge and the federal violation of 18 U.S.C. § 922(g)(1) Possession of a Firearm and Ammunition by a Convicted Felon charge consolidated into one courthouse.
In the end, attorney David Tarras was able to shield Riley from having these charges stacked against him during a federal sentencing hearing which allowed Riley to receive a sentence on the lower end of the Federal Sentencing Guidelines.
Riley was very concerned that he could be facing very serious penalties from these charges. Riley was also overwhelmed by the complicated nature of the situation. Before attorney David Tarras took over the case, Riley was living in Broward County with the state charges in Broward County court, the federal possession of a firearm charge in Fort Pierce court, and the federal violation of probation charge in Miami court. Before attorney David Tarras stepped in, Riley could have been facing a sentence with over 10 years of confinement in state and federal confinement.
An officer from the Broward County Sheriff’s Office was near Hollywood, Florida when he observed what seemed to be a single-vehicle car accident. As he approached, he found Riley in the driver’s seat of the car. Riley was unable to exit the car because of the condition of the vehicle. The officer then noticed there was a weapon in a duffle bag in the compartment of the passenger side door. The officer took possession of the firearm and secured it.
The weapon was identified as a high-capacity, semi-automatic rifle that was not manufactured in the state of Florida. At the time of the incident, Riley did not have the right to possess the firearm due to his prior charge of unlawfully possessing a firearm. As a result, Riley was arrested and charged with a state and a federal charge of possession of a firearm by a convicted felon as well as federal violation of probation.
Attorney David Tarras first got the case dismissed from state court. It is common for a case to run in both courts at the same time but David was able to get the state charge dismissed. Riley, however, was still facing two different federal charges that were both being heard in different Florida counties. As a result, David was able to convince the federal prosecutors to consolidate the violation of probation charge and the possession of a firearm charge to both be heard in Miami court.
After both prosecutors agreed to have the cases be consolidated, David was able to have both charges run concurrently as opposed to the charges being stacked. This allowed Riley to be placed on a lower offense level on the Federal Sentencing Guidelines. This was a major win for Riley and allowed him to be placed in a much favorable position for sentencing. David was also able to have the remainder of Riley’s 2018 sentencing to count towards the 2021 sentencing to confinement. This reduced Riley’s overall time in custody and shielded him from additional time in confinement.
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Rossen Law Firm
