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At Hubbs Law Firm, we are proud of our track record of proven results. Our Miami immigration and criminal defense attorneys have provided competent, professional, and personalized legal services for individuals and families throughout Miami-Dade County and the surrounding areas. With each case we handle, we provide one-on-one assistance for our clients. Our attorneys, E.J. and Erika Hubbs, are passionate about helping you secure the best possible outcome, regardless of whether you are facing serious criminal charges, deportation, or are in need of legal assistance for a related matter. Browse our case results to learn more about how we've helped people in situations similar to yours and get in touch with us today for a confidential consultation.
42B Cancellation of Removal Granted
Removal Proceedings
Client hired Hubbs Law after being place in removal proceedings in Miami, FL. Erika Hubbs filed a 42B Cancellation of Removal application which requires Client to prove that he has been continuously present in the United States for 10 years, was a person of good moral character, and had a USC spouse/parent/child that would suffer exceptional and extremely unusual hardship if Client was removed. Erika creatively used a rare medical condition that Client's son had to argue hardship to the Judge. Because Client had evidence of also being present in the United States for 10 years and had a limited prior criminal record, the Judge successfully approved Client's application for 42B cancellation of removal.
Pretrial Diversion
Petit Theft
Client was arrested for petit theft after allegedly removing property from a department store without paying for the property. E.J. Hubbs, reviewed all potential discovery with Client and set the case for trial. On the day of the trial, the loss prevention officer showed up to court and the State was ready for trial. E.J. was able to successfully negotiate Client's entry into the pretrial diversion program allowing Client to keep a clean record.
$5,000 Bond Granted
Bond Motion
Client's family hired Hubbs Law after Client was held by ICE after posting bond on a misdemeanor traffic offense in Hillsborough County, FL. E.J. Hubbs filed a bond motion with Krome Immigration Court showing Client's long presence in the United States, family ties, lack of a violent record, and eligibility for immigration relief. E.J. was able to successfully argue to the Judge that Client was not a flight risk or danger to the community and the Judge granted Client a bond of $5,000.
Naturalization Granted
Client met with Erika Hubbs from Hubbs Law requesting assistance for a naturalization application with USCIS. Erika advised Client that his biggest hurdle in his case would be proving good moral character after reviewing Client's criminal record and observing a recent arrest for Possession of Cannabis under 20 grams and Possession of Drug Paraphernalia. Erika diligently worked with Client to prepare Client's application and supporting documentation including showing all rehabilitation since his arrest. Erika then prepared and attended the interview with Client where Client's application for naturalization was approved.
After successfully reopening Client's Order of Deportation from 1996, Erika prepared and presented Client's application for 42B Cancellation of Removal before the Miami Immigration Court. The two main issues before the Court were: 1) whether Client's arrest for Soliciting Prostitution weighed negatively against the good moral character standard; and 2) whether Client had met the "exceptional and extremely unusual" hardship standard. At the Individual Hearing, Erika was able to prove that Client's history of positive employment and service to the community outweighed the negative implication from the criminal arrest. Furthermore, Client's 16-year-old son testified regarding a severe medical condition, which ultimately led the Court to find that the hardship standard had been met.
212H Waiver Granted
Client, a Legal Permanent Resident, was placed in removal proceedings after vacationing in Cuba and attempting to reenter the United States. Upon inspection by CPB at Tampa International Airport, Client's admission into the United States was denied and he was subsequently arrested by ICE. Client's admission was denied, and removal proceedings were commenced based on his 2011 criminal conviction for Aggravated Assault. Since Client was deemed an Arriving Alien, he was not eligible for an immigration bond and remained at Krome Detention Center for a period of 3 month until his final hearing. The three main issues before the court were: 1) whether Client's 2011 conviction for Aggravated Assault triggered the heightened standard requirement under Matter of Jean; 2) whether Client met the necessary hardship standard to his U.S. citizen mother; and 3) whether Client had been rehabilitated. Ultimately the Court, after considering Erika's written brief disputing the necessity of the heightened standard requirement and hearing testimony from three witnesses, decided to approve Client's stand-alone 212(H) Waiver.
Green Card Granted
Client and her fiancé met Erika Hubbs for an initial consultation after expressing interest in obtaining a green card for Client through marriage. Erika evaluated the case and advised Client and her fiancé that they had a solid case. The only potential issue with the case would be the relative short period of relationship between Client and her fiancé from the beginning of the relationship until the actual marriage. Erika assisted client in preparing a detailed packet to send to USCIS that thoroughly showed that Client and her fiancé were in a bona fide relationship. Erika also went with Client and her fiancé to the interview where they were approved immediately for a green card.
Adjustment of Status under Cuban Adjustment Act
Client hired Hubbs Law after overstaying a tourist visa and residing in the United States for a little over a year. E.J. suggested filing for a green card under the Cuban Adjustment Act since she was from Cuba and met the residency requirements under U.S. law. Client's biggest hurdle in this case was that she had a pending Grand Theft charge in Broward County. E.J. was able to convince the prosecutor in that case to allow Client to complete a PTI program where the charge was ultimately dismissed. E.J. and Erika Hubbs also thoroughly prepared Client for questions related to the theft charge at the USCIS interview. After two interviews with USCIS, Client's application was approved and she received her green card.
Adjustment of Status based on Marriage
Client hired Hubbs Law after overstaying a tourist visa and residing in the United States for a few years. During that time, Client had married a United States Citizen and applied for adjustment of status without a lawyer. After receiving a request for evidence from USCIS, Client decided she wanted to hire an attorney for the remainder of the process. After hiring Hubbs Law, E.J. responded to the request for evidence, prepared Client and her husband for the interview, and attended the interview with Client and her husband. Ultimately, USCIS granted Client her green card.
Felony Worthless Check
Charge: Felony Worthless Check
Result: Dismissed
Court: Miami-Dade County Circuit Court
Details: Client was charged with a Felony Worthless Check charge based on two checks that were originally wrote by Client in 1992 while she allegedly had knowledge that the checks were not covered by sufficient funds. The case was filed in 1993 and a warrant was issued for Client's arrest. After discovering the warrant, Client hired Hubbs Law. E.J. Hubbs immediately discovered that the State would have a difficult time proving that the statute of limitations had not expired since the maximum statute of limitations for a non-capital felony is 4 years. Accordingly, E.J. filed a motion to dismiss. On the date of the hearing, the State dismissed the case rather than addressing the motion.
2nd DUI outside of 5 years
Client was arrested for his 2nd DUI outside of 5 years after allegedly being involved in a traffic accident and blowing a .173. E.J. agreed to handle both the client's criminal case and DMV license suspension case as well. After going to the DMV hearing and cross examining the officer, E.J. advised his client to set the criminal case for trial. On the day of trial, E.J. discovered that the State had a witness identification problem because they did not have anyone that could testify that his client was driving a vehicle. E.J. used this information to force the State to dismiss the charges on this case despite the high blow.
Felony Possession of Cannabis
Client had previously pled guilty to Possession of Cannabis over 20 grams. He received 18 months probation. After realizing that the drug conviction would cause him immigration problems, he hired E.J. Hubbs. E.J. was able to withdraw the prior plea of guilty and enter his client into a pretrial diversion program. After client successfully completed the pretrial diversion program, E.J. got both his criminal and immigration case dismissed. His client was able to keep his criminal record clean and keep his green card.
Client was charged with Possession of Cocaine after cocaine was allegedly found inside his vehicle after being searched by police. After being arrested, client hired Hubbs Law. E.J. was able to successfully persuade the State not to file charges based on the weak evidence the State had against his client. Ultimately, the charges were dropped before the client even needed to go to court.
Reduced to Petit Theft ($100-$300)
Grand Theft ($300-$5000)
Client was going to be charged with Grand Theft ($300-$5000), a third degree felony. Client hired E.J. after being questioned by a detective. Prior to being charged with the crime, E.J. was able to talk to the prosecutor making the filing decision and obtain a copy of the detective's interview with his client. Despite E.J.'s client confessing to a felony on a recorded interview, E.J. was able to negotiate the charges down to a misdemeanor charge with a withhold of adjudication. In addition, E.J. was able to negotiate a surrender of his client to the court so that he would not be arrested and need to post bond. Client received probation and did not spend one day in jail.
Client was arrested for Public Assistance Fraud. She was accused of intentionally withholding income from her second job in order to receive illegal public benefits. She decided to hire Hubbs Law. E.J. Hubbs immediately reviewed the State's evidence which consisted of over 600 pages. E.J filed a motion to dismiss based on a violation of his client's due process rights. Although the motion was never heard, it persuaded the prosecutor to offer E.J.'s client the Pretrial Diversion Program. E.J. also successfully negotiated a reduction in his client's restitution requirement for PTI by more than $5,000. Client was thrilled that she saved money and will not have a felony conviction on her record.
Plea Withdrawn, HTO Status Removed
Driving While License Suspended, Cancelled, or Revoked
Client was previously convicted for two separate Driving While License Suspended, Cancelled, or Revoked, or DWLS, charges. Client was then charged with DWLS in Palm Beach County. Client decided to pay the ticket without consulting an attorney. This resulted in an adjudication for her third DWLS charge. She was classified as a Habitual Traffic Offender and her license was suspended for 5 years. She hired Hubbs Law to assist her in removing the license suspension. E.J. Hubbs was able to file a motion to vacate her prior DWLS conviction and negotiate a plea of no contest to a withhold of adjudication. Because she received a withheld of adjudication, Client's HTO status was removed and she was able to reinstate her license. This allowed her to drive again which was essential for her employment and children.
Aggravated Assault with a Deadly Weapon
Client was arrested in 2003 for Aggravated Assault. Although client's charges were ultimately dismissed by State Attorney's Office, the arrest was still present on client's permanent record. Client was concerned that this charge on her record could potentially impair her ability to obtain future employment and hired Hubbs Law, P.A. E.J. Hubbs took the case and was able to file a petition with the court to expunge her records which was granted by the judge. Client was very happy with the outcome which resulted in the destruction of all records pertaining to her arrest and criminal case for Aggravated Assault. Now, she can safely apply for a job without any fear that a background check will reveal this arrest.
Client was charged with petit theft. Client was concerned with the charges effecting her eligibility to enter the military. After reviewing the State's discovery, E.J. advised his client to set the case for trial. On the day of trial, the State was not prepared to proceed and the case was dismissed. Client was very happy that she could still apply to serve in the military.
Client was charged with her second petit theft and was very concerned about both her criminal and immigration issues. E.J. handled both the criminal and immigration case. After reviewing the State's discovery, E.J. advised his client to set the case for trial. On the day of trial, the State was not prepared to proceed and the case was dismissed. In addition, E.J.'s client did not experience any immigration issues as a result of the arrest
Plea Withdrawn, Reduced to No Valid Driver's Lic
Driving While License Cancelled, Suspended, or Revoked
Client previously pled guilty to his 3rd DWLS charge. After his plea, client was labeled a "Habitual Traffic Offender" and his license was suspended for 5 years. E.J. was able to get his client's prior plea withdrawn and get the charges reduced to No Valid Driver's License. This resulted in the removal of the client's Habitual Traffic Offender status and his license was reinstated.
Client hired Hubbs Law after he had an outstanding warrant for Driving While License Cancelled, Suspended, or Revoked. He was living out of state and it was very important to him to have the warrant removed so that he could get his license reinstated. Not only was E.J. able to have the warrant withdrawn, but he was able to have the case dismissed as well!
Client was arrested for Resisting Arrest Without Violence and faced up to a year in jail. After getting his client's side of the story and reviewing the State's discovery in the case, E.J. advised his client that the State had a weak case. E.J. advised his client that his best option was to go to trial. E.J. spent months preparing the case. He went to the scene of the crime, took pictures, discovered that a video of the incident had been destroyed, and obtained records of an internal affairs investigation into the officer's conduct. E.J. also spent an entire day taking his star witness to the scene of the crime and preparing her testimony. On the day of trial, the State dismissed the charges after realizing the weaknesses in their case.
Diversion Program
DUI 1st Offense
Client was charged with his 1st DUI and hired Hubbs Law. E.J. meticulously investigated the case. He read the police reports, interviewed his client, and went to the location of the traffic stop to observe where his client performed field sobriety exercises. After conducting his investigation, E.J. and his client began to prepare a defense as the case was set for trial. Prior to trial, the State offered to allow the client to enter into a diversion program where the charges will eventually be dismissed. Client decided to accept the State's offer rather than risk going to trial.
Reduced to Reckless Driving
2nd DUI Within 5 years
Client was arrested for his second DUI within 5 years and faced up to 364 days in jail with a minimum mandatory 10 days in jail. The initial offer from the State was 120 days in jail. E.J. advised his client to refuse the offer and proceeded to work the case. E.J. spoke to his client, reviewed the officer's reports, and went to the scene of the crime to take pictures. After his review, E.J. filed three motions including two motions to suppress evidence. On the day of trial, after reviewing E.J.'s motions, the State agreed to reduce the DUI to reckless driving with NO JAIL TIME!
Reduced to Misdemeanor Criminal Trespass
Burglary of an Unoccupied Conveyance
Client was arrested for two counts of Burglary of an Unoccupied Conveyance for allegedly entering a vehicle and removing property. Client hired Hubbs Law before charges were even filed. E.J. Hubbs immediately contacted the prosecutor handling the case and was able to persuade her to file the reduced charges of two counts of misdemeanor criminal trespass. After reviewing the police report and other evidence with Client, E.J. Hubbs was then able to negotiate a plea of no contest in exchange for a withhold of adjudication. This prevented client from having a conviction on his record.
Reduced to the lesser included offense of Disord
Felony Petit Theft
Client was charged with Felony Petit Theft after allegedly stealing property from Publix. After hiring Hubbs Law, E.J. successfully persuaded the State Attorney's Office to file the charge as a misdemeanor, rather than a felony. E.J. thoroughly investigated the case including obtaining all of the evidence from the State and taking photos of Publix's detailed video camera system which was not used to record Client's conduct. E.J. set the case for trial. After the State discovered an identification issue of Client, E.J. was able to successfully negotiate a plea to Disorderly Conduct which was more advantageous for Client's immigration status.
Driving While License Suspended, Canceled, or Revoked
Client was arrested and charged with Driving While License Suspended, Canceled, or Revoked and Careless Driving. The allegation was that Client caused an accident by rear ending another vehicle on 95 during heavy traffic. After law enforcement responded to the scene, they ran Client's license and discovered it was suspended for a prior breath test refusal. Client was unaware that his license was still suspended because the DUI case was previously dismissed. After hiring Hubbs Law, E.J. set the case for trial. On the day of trial, even though all the witnesses were present, the State agreed to drop the charges because the client did not have knowledge his license was suspended.
Client was arrested for petit theft at J.C. Penny's. The State of Florida alleged that Client entered a dressing room, concealed merchandise on her person, and exited the store without paying. After bonding out of jail, Client called Hubbs Law. She was very concerned because this was her third charge of Petit Theft. After filing his notice of appearance, the State offered Client an adjudication of guilt, no jail time, and no probation. E.J. advised Client of the offer but encouraged her to consider pushing the case to trial because a second conviction for petit theft could result in future felony charges in the event the Client was arrested for the same crime again. Client pushed the case to trial. On the day of trial, the State dropped the charges.
Client was charged with Driving Under the Influence. Client was stopped after allegedly weaving outside of his lane and almost hitting a fence. Client refused the breath test. After hiring Hubbs Law, E.J. requested discovery from the State and discovered that there was no video of the field sobriety exercises. E.J. pushed the State to trial and the case was dismissed by the State on the day of trial because they were unprepared.
Reduced to Careless Driving
Client was arrested and charged with Reckless Driving. According to the police officer, Client was speeding (81 mph in a 45 mph), weaving within his lane, and passed several vehicles without using his turn signal. Client decided to hire Hubbs Law. On the first court date, the State Attorney's Office refused to allow the Client to plea to anything other than Reckless Driving and probation. Understanding the importance of keeping his Client's criminal record clean, E.J. advised his Client to allow him to prepare the case for trial. E.J. drove the highway where the Client was pulled over and got his Client's side of the story. E.J. learned that his Client never endangered another person or property with his driving. On the day of trial, after E.J. and his Client announced ready for trial, the State agreed to reduce the charge from Reckless Driving to Careless Driving which is a non-criminal offense. This allowed E.J.'s Client to keep his criminal record clean.
Permanent Injunction for Domestic Violence
Client married a woman from another country. After living with Client in the United States for about a month, she left him suddenly. Client was later shocked to discover that his wife had made allegations that he raped her and filed for an injunction against domestic violence. Client sought representation from Hubbs Law for both the criminal investigation and the injunction. E.J. Hubbs worked quickly and contacted the Detective handling the criminal investigation. The Detective assured E.J. that the police had closed their investigations and charges would not be filed. E.J. obtained the police report and close out memorandum from the State Attorney's Office and prepared Client's case for the injunction hearing. E.J. discovered that the Client's wife had filed for a U-visa, an immigration benefit available to persons who are victims of crimes. E.J. saw this as the possible motive behind the obvious false allegations that the woman had made against his Client. E.J. had her served for a deposition at his office. However, prior to the deposition, the Client's wife decided to voluntarily dismiss her injunction rather than attend the deposition.
Client was arrested and charged with battery. The police alleged that Client scratched and spit on the other person. The Client adamantly denied these allegations. After hiring Hubbs Law, E.J. Hubbs obtained the discovery in the case including the police report. First, E.J. was able to get the no contact order lifted. Second, E.J. filed a motion to suppress after observing in the police report that police had violated his Client's rights by failing to read Miranda warnings prior to questioning. At the motion to suppress hearing, the State Attorney's Office decided to nolle prosse the charges rather than challenge the motion to suppress. Client was very happy with the result.
Client was arrested and charged with two counts of Battery for allegedly putting his daughter's boyfriend in a "headlock" after he refused to leave the Client's house. Client was charged with a second count of battery for allegedly pushing his daughter to the ground during the incident. Client hired Hubbs Law prior to charges being formally filed. E.J. Hubbs acted quickly and was able to speak to the prosecutor prior to the filing decision. E.J. was able to convince the prosecutor that the case was weak based on the fact that client was legally justified to use reasonable force to remove the boyfriend from his property after he refused to leave. The State Attorney's Office decided to nolle prosse the charges.
Workers Compensation Fraud
Client was arrested and charged with Workers Compensation Fraud, a third degree felony The Police accused him of knowingly failing to obtain workers compensation insurance. The client was adamant that he did not know that he was required to have the insurance for his corporation. E.J. believed his client and went to court to fight for his defense. After receiving the discovery from the prosecutor in the case, E.J. argued his defense to the prosecutor and was able to obtain permission to enter the pretrial intervention program which could ultimately lead to a dismissal of the charges. In addition, even though Palm Beach County typically requires an admission of guilt to enter the pretrial intervention program, E.J. was able to get this requirement waived.
DUI (1st)
Client was arrested DUI and hired Hubbs Law. The police officers claimed that Client had been drinking and caused an accident even though he had been at work all night and was driving home to see his family. After being retained on the case, E.J. Hubbs reviewed the police report with his client. The Client informed him that there could be video in this case from a nearby surveillance store. E.J. and his investigator went to the scene of the accident. After a through investigation, they determined that any potential video in the case had been destroyed because too much time had elapsed. However, E.J. was able to obtain pictures of the video cameras in the case to show that the police failed to preserve the evidence on the night of the accident. E.J. and his client determined that it was in his best interest to go to trial in this case. On the day of trial, due to their weak case, the State reduced the charges to reckless driving with only 3 months of probation.
No Criminal Charges Filed
Leaving the Scene of an Accident with Property Damage
Client was charged with Leaving the Scene of an Accident with Property Damage after police alleged that she hit a parked vehicle and left the scene of an accident. Police alleged that she drove to her house after the accident. Client was cited with Leaving the Scene of an Accident with Property Damage and Careless Driving. Only the Careless Driving charge, a civil infraction, was filed and E.J. Hubbs was able to get the ticket dismissed based on a defective citation.
Not Guilty Verdict
Driving Under the Influence (Over .15 BAC)
Client was charged with driving under the influence after the officer conducted a traffic stop for allegedly going the wrong way down a one-way road. The police officer stated that he immediately noticed Client had "bloodshot, glassy eyes, and a strong odor of an alcoholic beverage". The police officer also alleged that Client stated that she had "one glass" of wine. Upon further questioning, the police officer stated the Client stated she had "half a bottle" of wine. Based on this information, the police officer asked the Client to perform field sobriety exercises. The officer believed that the Client was impaired based on her performance on the field sobriety exercises. The officer then asked the Client to perform a breath test where the client allegedly blew a .162/.156 BAC. Client was always adamant that she was not impaired and there was no way her breath alcohol level was over twice the legal limit.Client demanded a jury trial. E.J. diligently prepared the case for trial by reviewing all the evidence including the police report, video, and breath test records for the past year. At trial, E.J. was able to convince the jury that the State of Florida had insufficient evidence to prove that she was "under the influence of alcohol" based on her excellent performance on field sobriety exercises, problems with the breath test, and Client's expert's testimony that her breath alcohol level was under .08 at the time of driving. The jury unanimously found her not guilty.
Below Guidelines Sentence
Burglary of a Dwelling
Client was charged with Burglary of a Dwelling for allegedly entering the victim's home and removing jewelry. Police found a palm print that matched the Client inside the victim's home. Based on the level of offense, and Client's prior criminal record, he scored a bottom of the guidelines sentence of 24.225 months Florida State Prison. E.J. reviewed all of the State's evidence in the case with the client, including the police report, his recorded statement, and the victim's recorded statement. Client and E.J. formulated a defense to the crime as they prepared for court. At court, E.J. was able to persuade the Judge, over the State's objection, to offer his Client a below-guidelines sentence of 42 days in the county jail, followed by approximately 4 months of house arrest, and 3 years of probation. Client decided to take the Judge's offer rather than risk losing at trial.
Possession of Alcohol by Minor
Client was charged will Possession of Alcohol by a Minor after allegedly possessing a beer during a tailgate at a football game. Client hired Hubbs Law to represent her. Client stressed the importance of keeping her record clean since she had no prior record and had her whole life ahead of her. E.J. aggressively defended the case and reviewed all discovery provided by the State. Prior to trial, the Client and E.J. discussed the strengths and weaknesses of the case, the plea offer from the State, and decided to leave the case set for trial. On the day of trial, the State was unprepared and was forced to nolle prosse the charge which allowed Client to keep her clean record.
Violation of Probation Dismissed/Probation Termi
Client was charged with violation of probation for a DUI case in which he allegedly failed to complete certain conditions. Client hired Hubbs Law. It was important for Client for E.J. to handle the case without him being present because he lived outside of the county. E.J. was able to show proof of compliance of all conditions of probation and the State agreed to dismiss the VOP and terminate probation without Client attending court.
Injunction Dismissed
Injunction for Protection Against Stalking Violence
Client was involved in a business relationship where he invested money in the Petitioner's business. Contrary to their agreement, Petitioner failed to give Client profits from the business. Petitioner began to avoid communicating with Client as Client was trying to get his money. Petitioner then went a step further and sought the underlying injunction against Client to avoid contact. The Court initially granted a temporary injunction and the case was set for a permanent injunction hearing. After hiring Hubbs Law, E.J. reviewed the content of the temporary injunction and believed that the Petitioner's statements did not rise the level of "stalking" under Florida law. At the permanent injunction hearing, E.J. made a motion to dismiss which was granted by the Court.
Permanent Injunction Granted
Permanent Injunction Against Stalking Violence
Client wanted to file a permanent injunction against stalking violence after being constantly harassed by an old friend. Client had been repeatedly called and texted by the individual despite repeated requests for the person to stop the contact. Client had been sent several inappropriate texts that caused him substantial emotional distress to the point that he filed a police report. After reviewing the evidence the Judge granted client's petition for a permanent injunction against stalking violence.
Client was charged with Public Assistance Fraud. The allegation was that Client knowingly withheld earned employment income from the Department of Children and Families in applying for food stamp assistance and Medicaid. After hiring Hubbs Law, E.J. Hubbs was able to immediately speak to the intake prosecutor about agreeing to an ROR bond so that Client would not need to spend a night in jail. In addition, E.J. was very quickly able to negotiate Client's entry into the pretrial intervention program where Client would have charges dismissed after payment of restitution.
Plea Vacated/Charge Dismissed
Possession of Cannabis under 20 grams
Client hired Hubbs Law for the purposes of attempting to vacate a 2014 Possession of Cannabis case from his record because the conviction was preventing him from obtaining Temporary Protected Status from the U.S. Government. E.J. filed a 3.850 motion to vacate plea arguing that client was not made aware of the potential immigration consequences by his prior attorney during his guilty plea. E.J. was able to persuade the prosecutor to concede to the motion and dismiss the charge on the same day. Client is now eligible to apply again for Temporary Protected Status.
Records Sealed
Petition to Seal Records
Client was previously arrested for Driving Under the Influence and Refusal to Submit to Breath Testing. Client hired Hubbs Law and E.J. Hubbs was able to get the DUI reduced to a Reckless Driving and the Refusal to Submit to Breath Testing dismissed. Client wanted to seal his records so that they would not be available on background checks while he searched for employment. E.J. filed all of the appropriate paperwork and the judge granted the motion to seal.
Client was charged with Driving Under the Influence after allegedly weaving within her lane. After the traffic stop, the police officer allegedly smelled the odor of alcohol on client's breath. Client agreed to perform field sobriety exercises which were recorded on the officer's body camera. Based on the client's performance on her field sobriety exercises and the admission to drinking that night, the officer placed client under arrest. Client agreed to submit to a breath test where she blew slightly over the legal limit of .08. Client hired Hubbs Law and E.J. Hubbs obtained the discovery from the State Attorney's Office including the citations, all police reports, and the body camera footage of the field sobriety exercises. E.J. informed client that the State's case was very weak since she only slightly blew above a .08 and performed very well on the field sobriety exercises. However, after discussing the case with E.J., client decided to take a diversion program where the charges would eventually be reduced to Reckless Driving rather than risking a trial.
Client was charged with petit theft after allegedly removing jewelry from a department store and walking past all points of sale without paying for the property. Client hired Hubbs Law because Client was concerned about the criminal case and potential immigration issues arising out of a conviction for theft. E.J. starting working on the case by obtaining all discovery from the State Attorney's Office. E.J. then met with the client and discussed the strengths and weaknesses of the case. After conferring with Client, E.J. recommended that she leave the case set for trial. On the day of trial, the State was forced to nolle prosse the case based on a witness issue.
Plea Vacated/Reduced to DWLS without Knowledge
Driving While License Suspended, Canceled, or Revoked w/ Knowledge
Client was previously convicted of DWLS with knowledge. The Client was previously granted temporary protected status from the U.S. Government based on the conditions of his home country. The plea to this criminal charge hurt Client's immigration status because an individual is ineligible for temporary protected status with 2 or more prior misdemeanor convictions. Client was unaware of this at the time of the plea. After hiring Hubbs Law, E.J. Hubbs filed a motion to vacate the plea in this case arguing that his Client did not knowingly, intelligently, and voluntarily enter his plea since he was not fully advised of the immigration consequences. The State agreed, stipulated to vacate the plea, and reduced the charge to DWLS without knowledge which is a civil infraction that will not affect Client's immigration status.
Client was investigated for Leaving the Scene of an Accident with Property Damage after police believed the Client was the driver of a vehicle that was involved in a crash that left the scene of an accident. The detective requested Client come in for an interview. Prior to the interview, Client hired Hubbs Law. E.J. Hubbs went to the interview with Client and politely informed the detective that Client was invoking his 5th Amendment Right to Remain Silent. The Detective then filed charges for Careless Driving, a civil infraction, rather than charging him with Leaving the Scene of an Accident with Property Damage, a criminal charge.
Client allegedly involved in an accident where he hit a fence with a vehicle belonging to a government agency. Even though there were no witnesses to the crash, police believed that Client was the driver because he was the registered owner of the vehicle. Client retained Hubbs Law for the criminal investigation. E.J. Hubbs reached out to the detective handling the case. E.J. was able to persuade the detective not to file charges in exchange for client paying restitution to the victim.
Organized Fraud ($20,000-$50,000), Grand Theft ($20,000-$100,000)
Client previously entered a plea of guilty to the above charges through another attorney. Client was denied citizenship based on these convictions because the Organized Fraud charge is considered an aggravated felony. Client hired Hubbs Law and E.J. filed a motion to vacate the two underlying convictions arguing that his Client did not knowingly, voluntarily, and intelligently enter her plea, since she was not advised that it would result in her mandatory deportation from the United States. E.J. was able to persuade the prosecutor to agree to the motion. After the motion was granted, the prosecutor agreed to drop all charges. The Client is now not deportable and immediately eligible to apply for citizenship.
Aggravated Stalking and Criminal Mischief under $200
Client was previously arrested for Aggravated Stalking and Criminal Mischief after police believed that she had vandalized the alleged victim's vehicle. Police also believed Client had harassed the alleged victim by making extensive communication with the alleged victim by phone and text. They believed one of the communications contained a "credible threat" and charged Client with Aggravated Stalking. After starting on the case, E.J. obtained all communications allegedly made between Client and the alleged victim and all police reports. After reviewing the discovery, E.J. was able to receive an offer of the Pretrial Intervention Program (PTI) which will ultimately result in a dismissal of the charges and no admission of guilt.
Temporary Injunction Extended 12 Months
Permanent Injunction for Protection Against Stalking Violence
Client filed a pro se petition against stalking violence against the Respondent in the case. Prior to the permanent injunction hearing, Client hired Hubbs Law for representation at the hearing. E.J. Hubbs obtained all of the communications between Client and Respondent relating to the Stalking. E.J. discussed the strengths and weaknesses of the case and whether Client would be able to prove that stalking had occurred. Ultimately, Client reached an agreement with the Respondent where they would extend the temporary injunction 12 months to expire if no contact was made.
Domestic Violence Battery
Client was charged with Domestic Violence Battery stemming from an allegation from his wife that he had slapped her after a verbal argument in their home. The wife also alleged the incident occurred in front of their daughter. After hiring Hubbs Law, E.J. Hubbs immediately went to court while Client was in custody to obtain a bond. After being released from jail, DCF requested client attend an interview regarding custody of his daughter. E.J. Hubbs prepared his client for the interview with DCF and the DCF investigator allowed the child to remain in the client's custody while he was on bond. While preparing for trial for the criminal case, E.J. sought discovery of all police reports, photographs, and a 911 call. After reviewing the photographs and the 911 call, the State Attorney's Office decided to nolle prosse the case because they could not prove the case beyond a reasonable doubt.
Driving While License, Suspended, Canceled or Revoked
Client was charged with Prostitution while on vacation in Miami in 2014. Client hired Hubbs Law because she had a warrant for her arrest stemming from the 2014 charge for failure to appear to a court date. E.J. Hubbs was able to get the prosecutor to agree to set aside the bench warrant and allow her to complete a diversion program that will eventually result in the dismissal of the criminal charge.
Driving while license suspended, cancelled or revoked
Client was charged with Driving While License, Canceled, Suspended or Revoked in 2010 while on vacation in Miami. The client hired Hubbs Law because he had an outstanding warrant for his arrest for a failure to appear in court. E.J. Hubbs was able to get the warrant set aside and the prosecutor to agree to drop the charge based on the Client's ability to obtain a valid driver's license.
Criminal Investigation into Public Assistance Fraud
Client was investigated for Public Assistance Fraud after the Department of Children and Families alleged that Client willfully misrepresented employment and income in a previous years application. DCF asked Client to come to an interview. Prior to attending the interview, Client hired Hubbs Law for representation. E.J. Hubbs attended the interview with Client and invoked Client's 5th Amendment right to remain silent. E.J. also negotiated the payment of restitution with DCF to a small payment of a few hundred dollars. Most importantly, E.J. persuaded DCF not to submit the paperwork to the State Attorney's Office for the filing of criminal charges.
Reinstatement on Probation
Violation of Probation for Armed Burglary of a Dwelling
Client was charged with violating probation by failing to report, a positive urinalysis for cocaine, and committing to new crimes. Client scored out to slightly below 4 years in prison at the bottom of the guidelines. Client's family hired Hubbs Law. E.J. Hubbs was able to have Client evaluated and accepted into a residential drug treatment program. E.J. provided this mitigation to the State Attorney's Office and was able to convince the prosecutor to allow Client to be reinstated on probation with the additional condition of completing a 6-month residential drug treatment program. Client was also able to keep his youthful offender status.
Probation Reinstated
Violation of Probation – Carrying a Concealed Firearm
Client was charged with violating probation by failing to report, changing his residence without consent, and failure to pay costs. The underlying reason for Client's violation was that he had been evicted from his home. E.J. Hubbs obtained a letter of eviction and text message from Client to his probation officer notifying her of the eviction. E.J. used this evidence to persuade the prosecutor to allow Client to be reinstated on probation with no additional sanctions.
Possession of Alcohol by a Minor
Client was charged with Possession of Alcohol by a Minor after he was allegedly caught with a Four Loko in his bag at South Beach. E.J. Hubbs obtained the discovery from the State and set the case for a jury trial. E.J. informed Client that there could be a possible motion to suppress the search of the bag, however, on the day of trial, the State was unprepared and forced to nolle prosse the case.
Plea Vacated/Charges Dismissed
Grand Theft (3rd Degree) and Contracting without a License
Client pled guilty in 2012 to one count of Grand Theft (3rd Degree) and Contracting without a License. In 2017, Client left the country to see his father in his home country. Upon his return to the United States, Immigration detained him and placed him in removal proceedings. Client's family hired Hubbs Law for both the removal case and to attempt to vacate the underlying criminal conviction which Immigration was alleging made him deportable. E.J. filed a 3.850 motion to vacate plea on Client's behalf and was able to persuade the prosecutor to concede to the motion. This resulted in Client's charges being vacated. In addition, E.J. was able to convince the prosecutor to dismiss the charges on the same day.
No Valid Driver's License
Client was charged with No Valid Driver's License. He is a Legal Permanent Resident and was concerned about negative implications that a criminal conviction would have on his immigration status or a future filing for citizenship. After hiring Hubbs Law, E.J. Hubbs obtained the discovery from the State and set the case for a jury trial. On the day of trial, the State was unprepared and forced to nolle prosse the case.
Client was pulled over in her driveway for a traffic infraction. According to the officer, he asked if the Client was in possession of any narcotics. The officer claimed the Client admitting to possessing cannabis in the purse of her vehicle and that Client consented to the search. Client retained Hubbs Law for representation. Client was very concerned about the charge because she was a legal permanent resident. She knew a criminal conviction for cannabis on her record could have a negative impact on her immigration status and her green card. Understanding that Client's number one concern was obtaining a dismissal, E.J. aggressively began preparing a defense to Client's case. He reviewed the reports with Client and used photos of the scene of the traffic stop to help him understand Client's version of the story. E.J. concluded that there was an illegal traffic stop in this case and began preparing a motion to suppress. However, the State of Florida offered the Client the misdemeanor drug court program which resulted in no admission of guilt and the eventual dismissal of client's charges. Client decided, based on the risk of losing the guaranteed dismissal from drug court, to forego filing the motion to suppress. Client successfully completed drug court and the charge was dismissed. Client remains a legal permanent resident in the United States.
Client was charged with Petit Theft in 2012. Client never appeared in court because she claimed she never received notice of a court date. A warrant was then issued for her arrest. Client need to set aside the bench warrant, in part, to help her in a child custody dispute. Client contacted Hubbs Law set aside the bench warrant and represent her on the criminal charge of petit theft. E.J. not only successfully got the warrant set aside, but he was able to get her criminal charges dismissed because the State was not ready to proceed on the day of trial.
Client was charged with Driving While License Suspended, Canceled, or Revoked ("DWLS") in 2012 when he was on vacation. Client never appeared in court and a warrant was issued for his arrest. Client contacted Hubbs Law because he need the warrant set aside to get a license in his state of residence. E.J. not only successfully got the warrant set aside without Client needing to make the trip to Miami, but he convinced the prosecutor to nolle prosse the case on the same day.
Petition to Seal False Imprisonment, Obstruction of Justice, Battery, and Violation of Pretrial Release Conditions
Prior to hiring Hubbs Law, Client pled guilty to the charges of False Imprisonment, Obstruction of Justice, Battery, and Violation of Pretrial Release Conditions. Client came to Hubbs Law because he was concerned that the criminal charges could affect his future employment. After hiring Hubbs Law, E.J. was able to successfully petition the court to seal the charges and the Judge ordered that all records related to Client's criminal case and arrest be sealed by the Miami-Dade County Clerk.
Client was charged Possession of Drug Paraphernalia on two different dates. On the first incident, employees at Client's school allegedly observed Client and another student smoking cannabis in a stairwell. The school employee allegedly took possession of a pipe containing cannabis residue and called the police. Client was charged with one count of Possession of Drug Paraphernalia. On the second incident, a school employee conducted a search of Client's room and allegedly found a pipe containing cannabis residue and a grinder. He called the police and Client was charged with two counts of Possession of Drug Paraphernalia. After hiring Hubbs Law, E.J. aggressively defended Client's case by immediately setting the case for trial. At the trial on the first case, the State announced they were ready for trial. However, E.J. realized the State was missing the school employee witness that actually alleged that she witnessed Client with the paraphernalia. After informing the State of their problem, the State agreed to nolle prosse the case. Similarly, in the second case, the State also failed to bring the school employee that allegedly found the paraphernalia to trial. Accordingly, that case was also nolle prossed by the State.
Petition to Expunge Petit Theft
Client was charged with Petit Theft. E.J. previously represented client on these charges and was able to successfully get them dismissed. Client hired Hubbs Law again because she was concerned that the criminal charges would come up on a background check as she was seeking employment. After hiring Hubbs Law, E.J. was able to successfully petition the court to expunge the charges and the Judge ordered that all records related to Client's criminal case and arrest be destroyed.
Petition to Expunge Solicitation for Prostitution
Client was charged with Solicitation of Prostitution over 10 years ago. He previously had the charges nolle prossed after successfully completing pretrial diversion. Client came to Hubbs Law because he was concerned that the criminal charges were coming up in background checks related to employment. After hiring Hubbs Law, E.J. was able to successfully petition the court to expunge the charges and the Judge ordered that all records related to Client's criminal case and arrest be destroyed.
Possession of THC Oil, Possession of Cannabis under 20 Grams, and Possession of Drug Paraphernalia
Law enforcement conducted a traffic stop of Client for allegedly having an obstructed tag. The officer stated to Client that he smelled the "odor of cannabis" and conducted a search of his vehicle. During the search, the officer allegedly found two bags of cannabis and paraphernalia on the floor of the Client's vehicle. He also allegedly found a package of THC oil in Client's trunk. After the arrest, Client hired Hubbs Law. E.J. informed Client that there was a possible motion to suppress on an illegal traffic stop because Client did not have an obstructed tag. E.J. had Client take a photo of his license plate and sent the photo to the intake prosecutor handling the case. Ultimately, E.J. was able to convince the prosecutor to not file charges based on the motion to suppress issue.
Criminal Trespassing and Disorderly Intoxication
Client was charged with Criminal Trespass and Disorderly Intoxication. These charges involved an allegation that Client had refused to leave the Hard Rock Stadium after his ticket failed to scan at a soccer match between Barcelona and Real Madrid. The allegation further stated that Client was intoxicated from alcohol and was cursing a nearby staff. After hiring Hubbs Law, E.J. prepared his client's defense around the fact that he had a right to enter the stadium since all 9 of his friends were able to enter the stadium with their tickets. In addition, E.J. also was prepared to argue the State's lack of evidence that 1) the officer was not authorized to trespass the Client from the stadium and 2) the Client did not cause a "public disturbance" as required for a disorderly intoxication charge. On the day of trial, the State was unprepared and the case was dismissed.
Client was charged with Domestic Violence Battery stemming from an allegation from his girlfriend that he pushed her several times in an elevator and a parking garage in their apartment complex. The wife also alleged the she fell down after being pushed and suffered several injuries. The police also alleged that the incident was captured on surveillance video. Prior to the Client's arrest, the Client and his girlfriend reunited. However, the Client's arrest resulted in a no contact order being placed on the Client. After hiring Hubbs Law, E.J. Hubbs filed a motion to modify the no contact order so the Client and girlfriend could live together again. E.J. also request discovery from the State and prepared for trial. The State offered the Client a pretrial diversion program which would have resulted in the dismissal of his charges after completing 6 months of conditions that are similar to probation. Although, the State's offer was good, E.J. advised his Client that he believe the State's evidence was weak and Client decided to leave the case set for trial. On the day of trial, the State was unprepared and the case was dismissed.
Client was charged with Leaving the Scene of an Accident with Property Damage after another driver alleged he fled the scene of a crash. After hiring Hubbs Law, E.J. Hubbs mentioned to client that he had several potential defenses including the possibility that he could not be identified as the driver of the vehicle in the accident. In addition, E.J. mentioned that there could be a motion to suppress his statements made to the officer because the officer did not "switch hats" from a traffic investigation to a criminal investigation nor did he read Miranda rights. E.J. advised his client to set the case for trial. On the day of trial, the State was not prepared and forced to nolle prosse the charges.
Injunction Against Sexual Violence
Client's ex-girlfriend alleged that her daughter told her that Client had committed a sexual battery on her. Client hired Hubbs Law and adamantly disputed the allegations by his ex-girlfriend. E.J. aggressively defended Client's interests by obtaining all police reports between the parties, the DCF report, and recorded statements. In addition, E.J. took the deposition of Client's ex-girlfriend. After conducting his investigation, E.J. advised his Client that he had a strong defense because the child statements were hearsay and there was no corroborating evidence that the allegation was true. Ultimately, after multiple court hearings, Client's ex-girlfriend failed to appear at court and the case was dismissed.
No Charges Filed
Criminal Investigation for Domestic Violence Battery
Client's girlfriend called the police alleging that he had slapped her against her will. Police responded to the scene but Client had allegedly already left. A report was filed and Client decided to hire Hubbs Law for representation during the criminal investigation. E.J. immediately obtained the police report and sent a letter to the police department asserting his client's 5th Amendment right to remain silent and 6th Amendment right to counsel. E.J. prepared Client for every possible scenario during the investigation including the possibility of arrest. Ultimately, the police declined to arrest Client or send the case to the State Attorney's Office based on lack of evidence.
Driving Under the Influence (3rd Outside of 10 Years)
Client was charged with DUI after he was allegedly found asleep in the driver's seat of his vehicle with the keys in the ignition and the engine running. In addition, a security guard had allegedly seen the Client running into a security gate for an apartment complex repeatedly for a period of 30 minutes. Officers approached the Client and allegedly observed bloodshot glassy eyes, the odor of alcohol, and believed the Client was disoriented. They also allegedly observed an empty bottle of beer in the backseat. Based on these observations, they asked Client to perform field sobriety exercises which he refused. Client agreed to a breath test which resulted in a BAC reading of .000 showing that Client had no alcohol on his breath. The officer then asked Client to perform a urine test in which he refused. Client was charged with Driving Under the Influence (3rd Outside of 10 Years) and the State initially offered the Client 180 days in jail for a plea of guilt. E.J. advised Client to refuse that offer and filed a motion to suppress the Client's refusal to take the urine test based on the fact that there was no evidence that the Client was impaired by drugs. Ultimately, the State agreed the motion was correct and they had insufficient evidence to proceed to trial. The State nolle prossed the case.
Possession of MDMA
Client was charged with Possession of MDMA after law enforcement allegedly found two pills of Molly (MDMA) in Client's pocket after a traffic stop. E.J. conducted a thorough consultation with Client and was able to discover possible motion to suppress issues related to the search of Client by police. E.J. immediately contacted the intake prosecutor for the State and argued the potential motion issues as well as the minor amount of drugs allegedly found on the Client. Ultimately, the State agreed to no action the case resulting in a dismissal of the criminal charges.
Neglect of a Child
Client was charged with Child Neglect after police allegedly discovered her, her minor child, and boyfriend in a house that was manufacturing cannabis plants. The State argued that the conditions of the home related to manufacturing cannabis created a dangerous environment for the minor child and constituted Child Neglect, a 3rd Degree Felony. After hiring Hubbs Law, E.J. discussed the weaknesses of the case with the prosecutor and was able to obtain an agreement for Pretrial Diversion with no admission of guilt. Getting the prosecutor to agree to waive the admission of guilt requirement was very important to Client, because she is a legal permanent resident. Any admission of guilt as a part of a diversion program could result in negative consequences to an individual's immigration status. Ultimately, Client will be able to get the case dismissed upon successful completion of the program.
Client was charged with Petit Theft after a neighbor alleged that she stabbed the tires to his vehicle with an unknown object. The neighbor had video of the incident. Client hired Hubbs Law and E.J. immediately sought discovery from the State including all police reports, witness statements, and the video of the incident. The video showed a person making stabbing motions at the victim's tire. However, due to the quality of the video, it was difficult see the identity of the person by the tire. E.J. argued to the prosecutor that this would be a reasonable doubt if the case were to go to trial. Ultimately, the State agreed to allow her to complete the pretrial diversion program where her charges can ultimately be dismissed.
Petition to Seal Insurance Fraud and Filing a False Police Report
Prior to hiring Hubbs Law, Client pled guilty to the charges of Insurance Fraud and Filing a False Police Report. Client came to Hubbs Law because wanted to clear her record. After hiring Hubbs Law, E.J. was able to successfully petition the court to seal the charges and the Judge ordered that all records related to Client's criminal case and arrest be sealed by the Miami-Dade County Clerk.
Client was charged with Possession of Cannabis under 20 grams in 2014. Client never appeared in court because he claimed he never received notice of a court date after moving shortly after the charge. A warrant was then issued for her arrest. Client contacted Hubbs Law set aside the bench warrant and represent him on the criminal charge of Possession of Cannabis under 20 grams. E.J. not only successfully got the warrant set aside without the need of Client making the long trip to Miami, but he was able to get his criminal charges dismissed after negotiating with the State.
Client was charged with Possession of Cannabis under 20 grams after an officer approached his vehicle and allegedly observed a bag of cannabis in plain view on the passenger's side floorboard. Client contacted Hubbs Law and E.J. conducted a thorough consultation with Client wherein Client adamantly disputed the Officer's recollection of the events. E.J. discovered possible defenses and motion issues in Client's case. E.J. set the case for trial and ultimately the State nolle prossed the charge after realizing they were not prepared to proceed.
Leaving the Scene of an Accident with Injury
Client was charged and arrested with leaving the scene of an accident with injury which is a 3rd degree felony. The allegation was that client was the driver in an accident with a motorcycle driver. Client allegedly fled the scene and witnessed obtained the license tag of the vehicle. Police went to the address of the registered owner of the vehicle where Client later showed up as the passenger in his vehicle. After hiring Hubbs Law, E.J. immediately contacted the prosecutor handling the filing decision in the case. Based on Client's prior record, issues involved in the case, and payment of restitution to the victim, E.J. was able to negotiate with the State into filing a less serious charge of Leaving the Scene of an Accident with Property Damage, a second degree misdemeanor. In addition, E.J. was able to get Client into the Pretrial Diversion Program where the case was ultimately dismissed.
Felony Battery
Client was charged with Felony Battery in 2007 after his ex-girlfriend's father made a complaint to the Miami Police Department. Client was unaware of the charge until 2018 when he applied to renew his passport and discovered that he had a warrant for his arrest. Client hired Hubbs Law. E.J. immediately filed a motion to dismiss because the statute of limitations in the case had expired. The State of Florida agreed and dismissed the case at Client's first court appearance.
Unlawful Subleasing
Client was charged with Unlawful Subleasing after another individual was pulled over in his vehicle who told police that Client had subleased his vehicle to him for a week in exchange for money. If true, Client could have been found guilty of a 3rd degree felony because it is illegal to sublease a vehicle that is already being leased by another company without that company's consent. However, E.J. Hubbs was able to convince the intake prosecutor that they would not be able to prove the case against his Client because the State's entire case was based on the testimony of an individual with a prior criminal record and pending charges. Ultimately, the State agreed and decided to not file charges against Client.
Leaving the Scene of an Accident with Property Damage Investigation
Client was send a letter to appear at the Hialeah Police Department for an interview involving a hit and run investigation. Client hired Hubbs Law prior to attending the interview with the detective. E.J. Hubbs did a full consultation with Client and determined there could be a problem with Client being identified by witnesses as the driver of the vehicle. E.J. attended the interview with Client at the Hialeah Police Department. After discussing the case with the Detective, E.J. was able to convince the Detective to file a civil citation for improper lane change rather than a criminal charge of Leaving the Scene of an Accident.
Injunction against Domestic Violence
Client served with a Temporary Injunction against Domestic Violence by his grandmother who alleged that he had forcefully grabbed her by both arms during a verbal argument. Client hired Hubbs Law to represent him for the permanent injunction hearing. E.J. Hubbs immediately obtained all police reports filed by the Client's grandmother and grandfather and all 911 calls made from their residence through a public records request. E.J. discovered that the Client's grandparents had made many calls to the police over the past few years, not because they were in fear of domestic violence, but because they were upset over him not doing his chores. At the permanent injunction hearing, the Judge dismissed the case after hearing testimony from the Grandparents. The Judge found that the Client's grandmother was ultimately attempting to use the injunction as an eviction from her home rather than actually being in fear of Client.
Client was charged with Possession of Cannabis under 20 Grams after law enforcement found cannabis in a vehicle that Client had occupied with his girlfriend in a park in Miami, FL. After law enforcement found the cannabis, they stated that the Defendant allegedly informed them that the cannabis belonged to him. After hiring Hubbs Law, E.J. Hubbs obtained all of the discovery from the State Attorney's Office and set the case for trial. At trial, the State was unprepared to proceed and the case was dismissed.
Client was charged with Driving under the Influence. He failed to appear to court many years ago and he hired Hubbs Law after discovering there was an outstanding warrant for his arrest. E.J. Hubbs was able to get Client's warrant set aside and convince the State to dismiss charges after the case was set for trial.
Driving While License Suspended Canceled, or Revoked
Client was charged with Driving While License Suspended Canceled, or Revoked after being pulled over for a traffic stop in Miami, FL. Client's problems were further complicated because he was ultimately placed in removal proceedings because he previously entered the United State without inspection many years ago. After hiring Hubbs Law, E.J. Hubbs helped Client in obtaining his Florida Drivers License. Based on this, E.J. was able to obtain a dismissal of Client's charges.
Client hired Hubbs Law after allegedly purchasing a small amount of cocaine from the co-defendant. Client was not a U.S. citizen and his immigration status was very important to him. E.J. understood this and worked out a deal where he could complete drug court and have the charges dismissed which would have less of a negative impact on his immigration status.
Client's family member filed an injunction against domestic violence. The Petitioner's allegation was that Client had tried to run him over with his vehicle in a small parking lot. Client adamantly disputed the allegation and E.J. investigated the case. E.J. went to the parking lot and took photographs. He also spoke with a witness who stated that she never heard Client rev up his engine or screech his tires like the Petitioner described. At the injunction hearing, the parties worked the case out to extend the temporary injunction for 3 months to automatically dismiss if no contact was made. No contact was made during the 3 month period and the injunction was dismissed.
Motion Granted/DWLS Dismissed
Motion to Withdraw Plea to DWLS
Client hired Hubbs Law after being notified that her recent plea to DWLS made her a Habitual Traffic Offender which would have resulted in a license suspension for 5 years. E.J. filed a motion to vacate the plea on the basis that client was never informed that the plea would result in the 5 year license suspension. The case was set for a hearing and the Judge discovered that the driver's license check system was down on the date the Client pled to the DWLS. Accordingly, she was never advised of the potential drivers license suspension consequences. The Judge granted E.J.'s motion and then the State dismissed the charge. This removed Client's 5 year license suspension and she was able to get a valid license.
Possession of a Controlled Substance and Possession of Cannabis under 20 Grams
Client hired Hubbs Law after mushrooms and cannabis were allegedly found in her vehicle after a traffic stop. Client had no prior record and was very concerned about a felony conviction on her record. E.J. was able to negotiate her entry into Drug Court where her case will be dismissed after completion of the program.
Grant Theft Motor Vehicle
Client was charged with Grand Theft Motor Vehicle after his ex-girlfriend accused him of using the vehicle without her permission. The ex-girlfriend was listed as the owner of the vehicle, however, Client informed E.J. that he was the one who made the monthly payments on the vehicle and paid for insurance. E.J. immediately obtained a witness from the dealership and had the witness write an affidavit that Client was the person who physically came in to make monthly payments. E.J. also obtained bank account records showing monthly payments of the car insurance payment. Finally, Client gave E.J. voicemail recordings where the ex-girlfriend threatened to call the police and tell them the car was stolen if he did not agree to do certain things. After providing this evidence to the intake prosecutor, the State agreed not to file charges against Client.
Client was arrested for petit theft after his company accused him of taking money from the cash register. Client was ultimately released from custody after allegedly admitting to police that he had taken the money. After hiring Hubbs Law, E.J. believed there could be a possible motion to suppress Client's statements to police because they were obtained in violation of Miranda when police promised to release him from custody if he admitted to the crime. Ultimately, E.J. was able to work out a dismissal with the State and victim after agreeing to pay for the restitution in the case.
Aggravated Battery with a Deadly Weapon
Client was charged with Aggravated Battery with a Deadly Weapon after a late night incident in which she allegedly had thrown a cell phone at her daughter that hit her in the face. Client was charged with Aggravated Battery with a Deadly Weapon, a 3rd Degree Felony. Hubbs Law was hired on the day of the arrest, and E.J. and Erika Hubbs went to visit client in jail to get a full consultation about what had allegedly happened on the date of the incident. E.J. and Erika believed this was a weak case for the State and built a defense. E.J. Hubbs attended Client's 1st Appearance Court and was able to successfully argue that there was no probable cause for the charge because a cell phone was not a deadly weapon in the State of Florida. Client was released from custody and ultimately the State agreed not to file charges against Client.
Expired Drivers License
Client was charged with possessing an expired driver's license in 2010 and had a pending warrant for his arrest. Client was currently being detained in New York for an immigration case and Client's wife hired Hubbs Law to attempt to set aside the bench warrant and handle the criminal case. E.J. got an unexpired New York driver's license from Client's wife and set the case for a motion to set aside the bench warrant. The Judge granted E.J.'s request to set aside the bench warrant and the State agreed to dismiss the case since Client got a valid driver's license.
Admit, Reinstate on Probation
Violation of Probation for Child Abuse
Client was charged with a Violation of Probation for failing to report after he was released from immigration custody following a plea of guilty to Child Abuse. He then moved to Georgia and a VOP warrant was issued for his arrest. Client mistakenly believed that his immigration supervision and criminal supervision were all handled by the same agency. E.J. spoke to the prosecutor who understood the issue and allowed him to be reinstated on probation with no jail time.
Plea of Guilty, Sentenced to Time Served
Fraud and Misuse of Visa
Client was charged with Fraud after attempting to enter the United States on a fraudulent visa. Client was arrested at Miami International Airport and detained by the U.S. Marshalls. After hiring Hubbs Law, E.J. Hubbs immediately visited client in jail and got his side of the story. E.J. discovered that client had a viable defense in this case because he did not know that the visa was fraudulent. He had obtained the visa through a third party vendor who was supposed to handle all of the paperwork. However, Client decided that it would be in his best interest to plea in this case because the Government recommended time served and Client did not want to wait on a trial. After the plea, E.J. did everything he could to assist in Client's transportation to his home country including, forwarding the necessary paperwork to the appropriate immigration agencies, booking a flight for client with the assistance of his family, and retrieving client's clothing from property for the flight home. After weeks of going through the worst experience of his life, Client was happy that E.J. got him home as quickly as possible.
Distribution of Obscene or Lewd Materials
Client was charged with Distribution of Obscene or Lewd Materials, a first degree misdemeanor. The case involved allegations that client had send naked photos to another individual without permission. E.J. reviewed all discovery and worked the case up to trial. On the day of trial, E.J. was able to reach an agreement with the victim and the State Attorney's Office where Client could complete a diversion program to have the case dismissed with no admission of guilt.
Possession of a Controlled Substance
Client was charged with Grand Theft after allegedly taking merchandise from a department store without permission. Client hired Hubbs Law and was very concerned both about her criminal case and her immigration status in the United States. E.J. Hubbs was able to negotiate Client's entry into a diversion program called Pretrial Intervention Program, or ("PTI"), where clients charge will be dismissed upon successful completion of the program.
Grand Theft ($300-$5,000)
Battery on Elderly
Client was charged with Battery on an Elderly Person over the age of 65 after his wife alleged that he had smacked her in the head. Client adamantly denied all allegations and hired Hubbs Law for representation. E.J. Hubbs reviewed all evidence including police reports, 911 calls, and body cam videos from the police officers. Client's wife also file a petition for an injunction against domestic violence against Client. Ultimately, E.J. was able to work out a resolution on both cases where he could avoid both a criminal conviction and a permanent injunction. Client must successfully complete PTI and have no contact for a year to achieve this result.
Client was charged with a DUI after he allegedly was involved in an accident with a police officer. The officer made Client submit to field sobriety exercises which, in his opinion,the client failed. Client was transported to jail and agreed to take a breath test. The breath test results were about twice the legal limit. Based on the evidence in the case, E.J. Hubbs knew he was facing an uphill battle. However, E.J. was able to persuade the prosecutor to allow the Client to complete the Back on Track program which would allow his DUI charge to be reduced to Reckless Driving if he completes the program. Although this program is generally not allowed for accidents, especially with an officer, E.J. was able to get Client this successful outcome.
Granted and Case Dismissed
Motion for Post Conviction Relief
Client wanted to apply for a green card through marriage to his wife who was a United States citizen. Client also had four children who were also United States citizens. He discovered through his immigration application process that a 2002 misdemeanor Possession of Cannabis charge would actually prohibit him from getting a green card. E.J. was able to non only get Client's plea to the charge from 2002 vacated, but also get the State to dismiss the charge.
Client was arrested for a violation of probation that was completely illegal. Client originally agreed to probation for a DUI case in Lee County but was released to ICE custody because he was undocumented. Hubbs Law represented Client on the immigration case and successfully got client a bond. However, after client was released from ICE custody, he was again arrested by his probation officer citing that he had picked up a new arrest for an immigration violation even though the immigration violation occurred over a decade ago which was prior to Client entering probation. Because the violation of probation was not proper, the prosecuting attorney dismissed the violation and Client was released.
Admit, 180 days County Jail, Reinstate on Probat
Violation of Probation for Armed Robbery
Client was charged with his 5th Violation of Probation for allegedly testing dirty for cannabis and failing to report to probation. Prior to hiring Hubbs Law, the State's offer to Client was 6 years Florida State Prison. E.J. was able to negotiate a reduced sentence of 180 days jail with reinstatement on probation.
Appeal Granted
Immigration Appeal
Client and her husband adopted an orphan in Taiwan whose mother was serving life in prison and whose father was unknown. Client wanted to return to the United States to be closer to her biological children who were attending college. She filed an N-600K application for citizenship for her adopted son. She found the process very frustrating as she spent a year attempting to get the correct documentation to the USCIS officer handling her case. Ultimately, the application was denied. At this time, Client decided to seek legal representation and hired Hubbs Law. E.J. Worked quickly and filed an appeal within 30 days of the decision. E.J. supplemented Client's original application with almost 300 pages of supporting documents to prove her son's case. In May of 2016, the Administrative Appeals Office overturned the USCIS officers decision and now Client's son will have his opportunity to obtain citizenship.
$15,000 Bond
Immigration Bond Hearing
Client was ordered removed from the United States based on inadmissibility after seeking asylum in the United States. After hiring Hubbs Law, E.J. was able to get his client a $15,000 bond after arguing his lack of prior criminal record and showing proof that he would have financial support in the United States.
$1,500 Bond
Client was ordered removed from the United States based on a conviction for fraud in which the loss to the victim was greater than $10,000. After hiring Hubbs Law, E.J. was able to negotiate a $1,500 bond after speaking to the deportation officer and client was able to be released prior to attending court.
Client was charged initially with Aggravated Assault with a Deadly Weapon stemming from an allegation from a family member that Client attempted to run him over in a parking lot in Downtown Miami. Client vehemently disputed this allegation and hired Hubbs Law. E.J. Hubbs was able to speak to the intake prosecutor prior to arraignment and persuaded the State of Florida to file one count of Culpable Negligence, a misdemeanor, rather than two counts of Aggravated Assault with a Deadly Weapon, 3 rd Degree Felonies. After the charges were reduced to a misdemeanor, E.J. was able to get client accepted into the Pretrial Diversion Program ("PTD") which he completed successfully resulting in the dismissal of all charges.
Client was charged Possession of a Controlled Substance (mushrooms), Possession of Cannabis under 20 Grams, and Possession of Drug Paraphernalia. This charge stemmed from police executing a search warrant on Client's home. After hiring Hubbs Law, E.J. reviewed the arrest report and believed that there could be a possible confidential informant that served as the basis of the search warrant. If true, the importance of that fact is that the State would be required to disclose the name of that person. E.J. spoke to the intake prosecutor and discovered that the police were interested in protecting the identity of the confidential informant. E.J. was then able to work out an agreement with the State where misdemeanor charges would be filed if his Client waived his right to seek the identity of the confidential informant. After the charges were filed as misdemeanors, E.J. was able to get them dismissed to preserve Client's clean record.
Client was charged with Domestic Violence Battery after the alleged victim called police and alleged that Client had hit him in the face with her phone causing injuries. Client was arrested on scene and taken to jail. After hiring Hubbs Law, E.J. Hubbs collected and reviewed all of the evidence in the case including police reports, statements from a neighbor, 911 calls, and body worn camera video from the officers. After reviewing the evidence, E.J. advised the Client that she had a case where she could win at trial but that the offer of the Pretrial Diversion Program ("PTD") was a guarantee that would result in a dismissal of her case as long as all conditions were completed. Client elected not to risk going to trial and accepted the diversion program.
Client was charged Leaving the Scene of an Accident stemming from an accident where Client allegedly briefly stopped her vehicle, spoke to the other drive, and fled the scene without exchanging information. Client then allegedly returned to the scene of the accident minutes later. E.J. prepared Client's case for trial and reviewed all evidence with Client. On the day of trial, E.J. was able to convince the prosecutor to reduce the charges to a non-criminal charge of Careless Driving to preserve Client's clean record.
Client was ordered removed from the United States based on inadmissibility. After hiring Hubbs Law, E.J. was able to get his client a $5,000 bond after arguing his lack of prior criminal record, relationship to United States citizen children, and ties to his community.
$10,000 Bond Granted
Client was charged with No Valid Driver's License. He was arrested by Immigrations and Customs Enforcement (ICE) and placed in removal proceedings. Client's family retained Hubbs Law to attempt to get Client released on bond and transfer venue to Orlando Immigration Court which would be closer to Client's residence. E.J. successfully argued that the Client was not a danger to the community or a flight risk based on his minimal criminal history, lack of immigration history, length of time in the United States, and eligibility for 42B Cancellation of Removal. Ultimately, the Immigration Judge agree and issued a $10,000 bond.
Client was put in removal proceedings based on the fact that he legally entered the United States and but overstayed his visa. After hiring Hubbs Law, E.J. successfully persuaded the immigration judge to grant a $5,000 bond arguing the fact that Client had lived in the United States for almost a decade, had a 10 year old United States Citizen son, was a hard worker, was a person of good moral character, had no criminal convictions, and was potentially eligible for adjustment of status through his United States Citizen girlfriend.
Client was put in removal proceedings based on the fact that he legally entered the United States and but overstayed his visa. After hiring Hubbs Law, E.J. successfully persuaded the immigration judge to grant a $5,000 bond, arguing the fact that Client had numerous ties to United States citizen relatives, was a person of good moral character, had no criminal convictions, no prior orders of deportation, and was potentially eligible for adjustment of status through his United States Citizen fiance who he had been engaged to for over six months.
Client was put in removal proceedings based on the fact that he illegally entered the United States and has never had immigration status. After hiring Hubbs Law, E.J. successfully persuaded the immigration judge to grant a $3,500 bond arguing the fact that Client had lived in the United States for over a decade, was married to a legal permanent resident, was a hard worker, paid taxes, and was a person of good moral character who had no prior criminal record.
Petition to Remove Conditions on Green Card
In May of 2014, through marriage to a United States Citizen, Client received a conditional green card for a period of two years. The green card was set to expire in May of 2016. In October of 2015, client divorced her husband. Prior to filing to remove the conditions on her green card, Client decided to hire Hubbs Law. E.J. explained to Client that, even though her marriage was real, USCIS might question the validity of the marriage since it lasted only a little over a year. E.J. filed the petition on behalf of client with plenty of evidence of a bona fide marriage including: affidavits, photos, joint tax records, joint bank accounts, lease agreements, health club memberships, cable bills, utility bills, and written communications that led to the divorce. E.J. also prepared client for the interview with USCIS and attended the interview. At the interview, Client truthfully answered all of the questions of the USCIS officer and her petition was granted.
Removal Proceedings Terminated
Deportation Defense
After applying for naturalization in 2013, Client was put in removal proceedings for 1999 convictions for Aggravated Stalking and seven counts of violating an injunction against domestic violence. Client hired Hubbs Law. Even prior to Client's first immigration court date, E.J. filed a motion to vacate his 1999 plea based on the fact that his counsel failed to advise him that his conviction would result in mandatory deportation. E.J. won the motion, the client's plea was vacated, and the State of Florida agreed to dismiss the Aggravated Stalking and six out of the seven counts of violating the domestic violence injunction. Client pled to one count of harassing telephone calls which is only a misdemeanor. Based on this resolution, Client was no longer deportable from the United States. Accordingly, the immigration judge terminated the removal proceedings and Client was able to remain in the United States as a legal permanent resident.
Client was ordered removed from the United States based on inadmissibility after seeking asylum in the United States. After hiring Hubbs Law, E.J. was able to get his client a $5,000 bond after arguing his lack of prior criminal record and showing proof that he would have financial support in the United States.
Client was ordered removed from the United States based on inadmissibility after being convicted for Driving Under the Influence. After hiring Hubbs Law, E.J. was able to get his client a $1,500 bond after arguing his lack of prior criminal record, relationship to United States citizen children, and ties to his community.
Client was issued a notice to appear in removal proceedings as he attempted to board a domestic flight from Ft. Lauderdale to New York City. The allegation by the U.S. Department of Homeland Security was that Client had entered the United States in 2005 on a valid visa but overstayed that visa. Client hired Hubbs Law to represent him in removal proceedings. E.J. did a diligent review of Client's case. Client had very good equities in his case consisting of over 10 continuous years in the United States, no prior criminal arrests, steady full time employment, and payment of taxes every year he was in the United States. Unfortunately, Client did not have any possible immigration relief. E.J. attempted to request prosecutorial discretion from the U.S. Department of Homeland Security by submitting extensive paperwork of Client's equities to DHS. Ultimately, E.J.'s request for prosecutorial discretion was denied. E.J. then recommended that his client apply for voluntary departure because this would prevent him from receiving an order of removal on his record. At the hearing, the immigration judge granted E.J.'s request for voluntary departure and gave Client the maximum amount of time to leave the United States.
Client was detained by the U.S. Coast Guard in open waters near Miami, FL. Custom and Border Protection determined that she had previously entered the United States without inspection and placed her in removal proceedings. Client's family hired Hubbs Law and attorney E.J. Hubbs immediately visited Client at the Broward Transitional Center. After a full consultation with Client, E.J. Hubbs determined that Client's highest priority was protecting her immigration record because she was currently accepted as a student at a nearby university. E.J. advised Client to apply for voluntary departure which would not result in a bar from admissibility into the United States and would not result in an order of deportation. This would allow for Client to remain eligible to enter the United States on a future visa. The Immigration Judge granted E.J.'s request and signed an order allowing voluntary departure. E.J. and Client's family worked diligently with Client's deportation officer to expedite her voluntary departure as quickly as possible. Luckily, Client was able to voluntarily depart the United States from ICE's custody one day before the Broward Transitional Center closed for Hurricane Irma. This would have delayed Client's for potentially weeks.
Conditional Green Card Approved
Clients married in March of 2017. The Husband was a United States citizen and the Wife was a citizen of Venezuela. Clients' were interested in the Wife obtaining a green card through marriage. Clients wanted to hire an attorney because they were aware that, even though their marriage was real, USCIS might have questions about the short duration of their relationship prior to marriage which was approximately 5 months. E.J. worked with his clients to ensure that strong evidence was submitted to USCIS to prove that they had a bona fide marriage. Prior to the interview, E.J. prepared both clients for questioning by the USCIS officer so that they would be ready for their interview. On the day of the interview, E.J. attended the USCIS Hialeah Field Office with his clients and their application was ultimately approved. The Wife was issued a conditional green card for a period of two years.
Client was charged in Hillsborough County with Domestic Violence Battery, Possession of Cocaine, and Possession of Drug Paraphernalia. After he posted in bond in Hillsborough County, Immigration and Customs Enforcement (ICE) placed a hold on him and transported him to Krome Detention Center initiating removal proceedings. Client hired Hubbs Law for a bond hearing at Krome. E.J. collected favorable bond evidence from Client's girlfriend including evidence of physical presence in the United States, evidence of relationships to United States Citizens, evidence of payment of taxes, and evidence from Client's girlfriend that she was not threatened by his release on bond. Ultimately, the Immigration Judge agreed to give Client a $10,000 bond allowing Client to fight his removal case from out of custody.
Removal Case
Client pled guilty in 2012 to one count of Grand Theft (3rd Degree) and Contracting without a License. In 2017, Client left the country to see his father in his home country. Upon his return to the United States, Immigration detained him and placed him in removal proceedings. Client's family hired Hubbs Law for both the removal case and to attempt to vacate the underlying criminal conviction which Immigration was alleging made him deportable. E.J. filed a 3.850 motion to vacate plea on Client's behalf and was able to persuade the prosecutor to concede to the motion. This resulted in Client's charges being vacated. In addition, E.J. was able to convince the prosecutor to dismiss the charges on the same day. Based on the Client's dismissal of his underlying criminal charges, E.J. successfully argued to the Miami Immigration Court that the U.S. Government had no basis to deport Client. The Immigration Judge agreed and terminated removal proceedings.
Adjustment of Status Approved
Client married a United States Citizen in 2015. After a few years of marriage, Client decided he was interested in adjusting status to a legal permanent resident and obtaining a green card. Client and his spouse hired Hubbs Law to assist them in the process. E.J. diligently prepared the filing and all supporting evidence that Client had entered into a bona fide marriage. Based on the sufficiency of the evidence filed, USCIS did not need to make any requests for evidence while the case was pending. The case was ultimately set for an interview in June of 2017. E.J. spent hours preparing Client and his spouse for potential interview questions. At the interview, the USCIS officer was satisfied within 15 minutes that the marriage was real and approved the application.
Motion for Immigration Bond
Client arrested and charged with being removable from the United States based on overstaying a prior visa. He currently has an adjustment of status case pending with USCIS because his wife is a United States Citizen. Client hired Hubbs Law for the purposes of filing a bond motion. Erika Hubbs successfully argued that Client's length of time in the United States, lack of criminal record, family ties, and eligibility for potential immigration relief proved that he was not a flight risk or a danger to the community. The Immigration Judge agreed and gave Client a bond of $5,000.
Citizenship Approved
Client hired Hubbs Law to apply for citizenship. Client was a Columbian citizen who had been in the United States for a long time and had a green card for over 5 years. Client's biggest concern was a recent arrest for Petit Theft that occurred in the past year. Client knew this was important because the law requires an applicant to prove good moral character for at least 5 years before the filing of an application for naturalization. E.J. prepared the clients application, assisted him in collecting documentation, and, most importantly, prepared him to answer questions related to his petit theft arrest. Ultimately, USCIS found that Client did establish good moral character and granted his citizenship. E.J. attended Client's citizenship ceremony a few weeks later.
Client hired Hubbs Law for his Naturalization case for citizenship and Erika Hubbs handled the case. Erika diligently prepared the paperwork for client to file the N-400 application. In addition, she prepared the client for the interview including the civics test. Ultimately, the interview went well and Client got her citizenship.
Client hired Hubbs Law for his Naturalization case for citizenship. E.J. prepared the application for client with all required supporting documentation. After the interview of client was scheduled, E.J. prepared client to provide sworn testimony to USCIS. Client performed well at the interview and citizenship was granted. Client is now a United States citizen!
Client hired Hubbs Law for his Naturalization case for citizenship and Erika Hubbs handled the case. Erika diligently sent all documentation to USCIS and thoroughly prepared Client for the interview at the USCIS field office. Ultimately, the interview went smoothly and Client got his citizenship.
Client was placed in removal proceedings after being arrested and convicted for his 2nd DUI. Erika Hubbs handles Client's case and had the uphill battle of arguing that the Defendant was not a flight risk since his DUI was pending for over 10 years while a warrant was outstanding. However, Erika was able to convince the Judge based on his length continuous presence in the United States, his family ties, and his eligibility for 42B cancellation of removal, to find that he was not a flight risk or a danger to the community. Accordingly, the Immigration Judge granted Erika's client a $10,000 bond.
Temporary Protected Status Granted
Client was placed in removal proceedings after filing for temporary protected status for Haiti. Client's application was denied because he allegedly had 3 misdemeanor convictions. To apply for temporary protected status, you cannot have more than 1 misdemeanor conviction. E.J. was able to successfully vacate two of the misdemeanor convictions and get those two charges dismissed. This resulted in client only having 1 misdemeanor conviction on his record which made him eligible again for Temporary Protected Status. The government objected to Client receiving Temporary Protected Status based on his prior criminal record. However, the Immigration Judge made a finding that Client was deserving of relief and granted Client Temporary Protected Status.
Immigration Bond Motion
Client was placed in removal proceedings after entering the United States after a short vacation. The government alleged that Client was not admissible into the United States because she had two prior orders of removal and had concealed this fact by using a different name on her application to get a green card. E.J. and Erika Hubbs both handled the case and visited with client on numerous occasions. They filed a bond motion citing client's length continuous presence in the United States, family which included a husband and two USC children, and lack of a criminal record. At the bond hearing, the Immigration Judge granted the request and set bond in the amount of $7,500.
Client was placed in removal proceedings after being pulled over for No Valid Driver's License in Hillsborough County. Ultimately, Client was transported to Krome and hired Hubbs Law to file a bond motion on his behalf. E.J. Hubbs filed the bond motion after collecting extensive supporting documentation of his continuous presence in the United States, proof of relationships to United States Citizen relatives, and availability of potential immigration relief. Ultimately, the Immigration Judge agreed that Client was not a danger to the community or a flight risk and granted Client a $5,000 bond.
Client hired Hubbs Law to apply for citizenship. Client had been a legal permanent resident in the United States for many years and had three United States Citizen children. The biggest issue in Client's case involved a criminal citation for parking in a handicapped parking spot without a handicap tag because the charge occurred within 5 years of her application. E.J. Hubbs prepared Client to answer all of the questions surrounding this charge prior to the interview with USCIS. Ultimately, Client's naturalization application was approved and Client is now a United States Citizen.
Client was detained upon returning to the United States after a vacation. Client was granted asylum in 2014 and had a valid refugee travel document. Ultimately, the government placed Client in removal proceedings based on a 2012 conviction for Aggravated Identity Theft and Possession of an Unauthorized Access Device. However, the government was already aware of these convictions when Client was granted asylum in 2014. Therefore, E.J. was able to successfully argue that the legal doctrine of res judicata applied because this issue had already been resolved in a prior proceeding. The Immigration Judge granted Client's motion to terminate.
Client arrested and charged with being removable from the United States based on entering the United States without inspection. Client is from Guatemala and entered the United States in 2004. Since that time, he married a United States Citizen. Client hired Hubbs Law for the purposes of filing a bond motion. E.J. explained to Client and his wife that due to Client's marriage and length of time in the United States, he was eligible for both adjustment of status with a waiver or 42b cancellation of removal. E.J. explained that his eligibility for immigration relief is important for bond consideration because it shows that he will not be a flight risk. E.J. Hubbs successfully argued that Client's length of time in the United States, lack of criminal criminal convictions, family ties, and eligibility for potential immigration relief proved that he was not a flight risk or a danger to the community. The Immigration Judge agreed and gave Client a bond of $5,000.
Client was charged with Petit Theft after allegedly taking property from a department store. Client was most concerned with how this criminal case could impact her immigration status which was currently a tourist visa. In addition, she was required under the tourist visa to leave the country prior to her court date in the criminal case. E.J. had Client sign a written waiver of appearance so that he could represent her in absentia after she returned to her home country. E.J. then set the case for trial and the State of Florida nolle prossed the case after the main witness failed to appear to court. E.J. obtained certified copies of all documents for Client to show immigration authorities for any future travel.
Client's employer hired Hubbs Law after he was detained by immigration enforcement. Client had previously filed for asylum and hired Erika Hubbs to handle the bond motion in this case. Erika prepared a detailed bond motion with supporting documents to corroborate her position that her Client was not a flight risk or a danger to the community. At the bond hearing, the Immigration Judge agreed and set a bond at $7,500.
Client was charged with Domestic Violence Battery after an altercation with a boyfriend. After hiring Hubbs Law, E.J. Hubbs spoke with Client at several where he reviewed discovery with Client and helped her prepared the possible defense at trial. E.J. outlined Client's options and risks of going to trial vs. accepting the Pretrial Diversion Program. Ultimately, Client decided to accept the Pretrial Diversion Program and the case was ultimately dismissed after a year.
Client was charged with Leaving the Scene of an Accident with Property Damage after she was accused of driving a vehicle involved in a crash and fleeing the scene of the crash. Client decided to hire Hubbs Law. E.J. reviewed discovery with Client and set the case for trial. On the day of the trial, the State of Florida dismissed the case.
Defrauding an Innkeeper
Client was charged with Defrauding an Innkeeper after she was accused for not paying for a bill at a restaurant in Miami, FL. Client hired Hubbs Law and met with E.J. Hubbs to prepare her defense. Client advised E.J. that she was with multiple people at the restaurant and did not willfully refuse to pay. E.J. reviewed discovery with Client and helped prepare Client's defense around the theory that she did not intentionally commit a crime. On the day of the trial, the State of Florida dismissed the case.
Client was charged with Battery after she was accused of throwing a drink on a bartender in a Miami club. Client had the additional concern of immigration consequences of the charge because she was not a U.S. citizen. Client hired Hubbs Law and attorney E.J. Hubbs aggressively prepared Client's defense and set the case for trial. On the day of trial, the State of Florida dismissed the case.
Client was charged with Animal Cruelty after an animal tragically died at her place of business. Client had the additional concern of immigration consequences of the charge because she was not a U.S. citizen. Client hired Hubbs Law and was adamant that she did not personally have anything to do with the dog's death. E.J. reviewed all of the evidence in the case and agreed that the State of Florida did not provide sufficient evidence to create a prima facie case for Animal Cruelty because there was no evidence that 1) Client committed an intentional act or 2) caused the death of the animal. Accordingly, E.J. filed a motion to dismiss. On the date of the motion to dismiss hearing, the State dropped the case.
Injunction Against Stalking Violence
Client was accused of stalking violence by a former employee who alleged that she had made threats of violence to her and other employees at her job before she resigned. Client hired Hubbs Law and advised attorney E.J. Hubbs that she did not threaten anyone at her work and that the Petitioner's false accusations were possibly a result of her relationship to her former supervisor. E.J. assisted Client in preparing a defense and also brought one additional witness to the hearing. At the hearing, the Petitioner testified to the facts within her affidavit. At the end of Petitioner's case, E.J. argued to the Judge that Petitioner had not created a prima facie case for an injunction against stalking violence pursuant to Florida law. The Judge agreed and dismissed the case.
Client's family hired Hubbs Law after he was detained by ICE. Erika Hubbs aggressively prepared Client for his bond hearing. She argued to the Court that Client was not a flight risk or a danger to the community based on his lack of a criminal record, lack of immigration violations, and strong ties to the community. Ultimately, the Judge agreed and granted Client a $10,000 bond.
Driving Under the Influence with Property Damage
Client was charged with Driving after the Influence after allegedly being involved in an accident with another vehicle. The vehicle allegedly followed the Client to another street where Client had parked on the side of the street. Law enforcement stated they approached Client's vehicle and observed Client sleeping in his vehicle. Police stated that they ordered the Client out of his vehicle and the Client complied. Officers alleged that they observed the Client throw up on himself and had trouble keeping his balance by himself. After conducting field sobriety exercises, Client was arrested and refused the breath test. After hiring Hubbs Law, E.J. Hubbs reviewed all discovery and video of the DUI investigation with Client. E.J. advised Client this would be a difficult case to win based on his poor performance on the field sobriety exercises. However, E.J. advised that Client that pleading to a DUI in this case could hurt his job because he was a professional that required a license by the State of Florida. E.J. decided to challenge the unlawful detention by police officers in this case by filing a motion to suppress which cited a case stating that it was not unlawful for an individual to sleep in his car in a legal parking space. On the date of trial, the State decided to reduce Client's charge to a reckless driving.
Client was charged with No Valid Driver's License after being stopped for a traffic infraction. After hiring Hubbs Law, E.J. Hubbs assisted Client in renewing his driver's license. On the day of the trial, E.J. showed Client's new license to the prosecutor who dismissed the case.
Client was charged with Sexual Battery. He was accused of committing unlawful sexual acts on a minor over 20 years ago. The State of Florida had investigated the Client for months, obtained sworn statements from the alleged victim, and conducted a controlled phone call with the Client. Ultimately, the State of Florida decided to arrest Client for Sexual Battery, a capitol felony. After hiring Hubbs Law, E.J. Hubbs met with his client numerous times in jail, used a private investigator to collect evidence, and argued to the prosecutor the lack of evidence in the case due to a weak controlled phone call and witness credibility issues. Ultimately, the State of Florida decided to dismiss the case rather than filing formal charges.
Client was charged Robbery after the victim alleged that Client had forcefully taken money from his hotel room without his permission. Client hired Hubbs Law and advised attorney E.J. Hubbs there was much more to the story than victim had told police. Client stated that victim had taken Client to dinner, to a club for drinks, and invited her back to his hotel. Client advised that the victim had voluntarily paid money to her in exchange for her spending time with him that night. E.J. obtained video from the hotel lobby which was consistent with Client's story that everything that occurred that night was consensual. E.J. was able to use this evidence to convince the prosecutor to drop the case at arraignment.
Client was accused of Driving under the Influence after rear-ending a police officer's vehicle in Key Largo, FL. The officer stated he approached Client, smelled the odor of alcohol, and asked the Client to perform field sobriety exercises. Client was then arrested and allegedly blew a .151 BAC. Client hired Hubbs Law and E.J advised Client that this would be a difficult case based on the high BAC and the fact that he was accused of hitting a police officer. However, E.J. was able to successfully convince the prosecutor to allow Client to complete the Back on Track program based on his age and lack of a criminal record. Client successfully completed the program and his charge was reduced to a Reckless Driving.
Plea Vacated/Case Dismissed
Introduction of Contraband into a Detention Facility
Client previously pled guilty to Introduction of Contraband into a Detention Facility after being arrested for Driving Under the Influence where a small amount of cannabis was allegedly found in the Client's sock during the booking process into jail. Client pled guilty in 2002 on the advice of counsel and did not realize the immigration consequences of his plea until he met with Hubbs Law in 2019. After hiring Hubbs Law, E.J. Hubbs filed a 3.850 motion to vacate client's 2002 plea using the argument that he did not knowingly, voluntarily, and intelligently enter the plea because he was not properly advised of the immigration consequences. On the date of the hearing, the State of Florida stipulated to Client vacating his prior plea and dismissed the case.
Possession of Counterfeit Drivers License
Client was charged with Possession of a Forged Driver's License after police stopped his vehicle during a traffic stop. After asking for his license, police accused Client of giving them a forged or counterfeit license. Client was arrested and hired Hubbs Law for his defense. E.J. Hubbs advised Client of the importance of resolving his case without a conviction to the charge since it could be considered a crime involving moral turpitude for immigration purposes. E.J. was able to convince the prosecutor to allow Client to complete the Pretrial Intervention Program where his case would be dismissed after 6 months.
Driving Under the Influence and Refusal to Submit to Testing
Client was charged with Driving under the Influence after a police officer stopped him for speeding. The officer allegedly noticed an odor of alcohol and asked the Client to perform field sobriety exercises. Client asserted his 5th Amendment right to remain silent and the officer placed the Client in handcuffs and placed him in the backseat of his patrol car. After allowing Client to speak to his supervisor for about fifteen minutes, the officer performed the HGN test on Client and concluded that he was under the influence. He placed the Client under arrest and requested the Client to submit to a breath test. However, when the Client requested to use the bathroom, the officer then advised that he was going to be taking a sample of his urine as well. The urine test was positive for alcohol at .125. The Officer then asked the Client to perform a breath sample as well and stated that the Client refused. After hiring Hubbs Law, E.J. Hubbs spotted multiple possible illegal actions taken by the police officer in the case and filed five pretrial motions including motions to suppress the urine test and the unlawful detention/arrest. On the date of trial, the State of Florida decided to drop both the DUI and Refusal to Submit charges.
Reinstated
Client called Hubbs Law because he wanted to take care of a 2008 bench warrant he had for a violation of probation for DUI in Miami, FL. E.J. Hubbs assisted Client on gathering all of the paperwork showing evidence that he completed all of his probation requirements with the exception of fees and costs. E.J. then was able to get the bench warrant set aside and Client reinstated on probation with the only requirement outstanding to pay the fees and costs.
Client was charged with Battery on the Elderly after his wife alleged that he had forcefully grabbed her in their home. Client's wife was over the age of 65 which increased the charge from a misdemeanor to a felony. After hiring Hubbs Law, E.J. reviewed discovery with Client and advised him that he had certain legal defenses including self-defense. Both parties were elderly and had medical problems. In addition, there were no other witnesses. After careful consideration, Client decided he wanted to take the Pretrial Intervention Program rather than risk going to trial. After completing the program, the charges were dismissed by the State of Florida in July of 2019.
Client was charged with Grand Theft after allegedly taking property from a department store in Miami, FL. Client was especially concerned about the outcome of her case because she was in the United States on an F-1 visa and did not want the case to negatively impact her immigration status. After hiring Hubbs Law, E.J. reviewed discovery with Client and the offer made by the State, Client decided she would rather resolve the case quickly with the Pretrial Intervention program. After completing the program, the charges were dismissed by the State of Florida in July of 2019.
Client was previously arrested for Domestic Violence Battery in 2016 in which she hired Hubbs Law. E.J. was able to get the case dismissed and Client wanted to expunge her record since she was a young student. E.J. filed the proper paperwork and a petition to expunge with the court. The Judge granted the petition to expunge in July of 2019.
Contracting without a License
Client was charged with Contracting without a License after an officer accused him of attempting to sell tickets to Ultra without a proper license. Client was arrested and bonded out of jail. Client was especially concerned about this case because he was a legal permanent resident and wanted to ensure that these criminal charges did not have a negative effect on his immigration status. After hiring Hubbs Law, E.J. reviewed the discovery with Client and advised him of numerous legal defenses he may have at trial. Despite being offered pretrial diversion, Client decided that he wanted to exercise his right to a jury trial. On the day of jury trial, the State was not prepared and the charges were dismissed.
Client was charged with Battery after another individual alleged that she had hit her outside of a school in Miami, FL. Client disputed the victim's allegation and hired Hubbs Law to fight the case. E.J. reviewed the discovery with Client and prepared the case for trial. On the day of trial, both the alleged victim and another witness showed. E.J. spoke with both witnesses and the prosecutor handling the case. Rather than go to trial, Client decided to accept an offer of pretrial diversion where she can get her case dismissed.
Client was charged with Possession of Cannabis under 20 grams, a first-degree misdemeanor, arising out of a traffic stop where cannabis was discovered in a vehicle. Client hired Hubbs Law and attorney E.J. Hubbs was able to get Client's case dismissed. Client then hired E.J. to expunge his records so that his arrest and court records would not come up on a private background check in the future.
Client was accused of committing domestic violence by a prior roommate and served with an injunction against domestic violence. Client met with E.J. and advised that the Petitioner had made these false allegations against him for the purposes of having him evicted from the home he was renting. E.J. assisted Client in aggressively preparing a defense for the permanent injunction hearing. On the day of the hearing, the Petitioner failed to show and the case was dismissed.
Client was charged with Possession of Controlled Substance after a traffic stop where law enforcement found mushrooms, cannabis, and paraphernalia in the vehicle. After hiring Hubbs Law, E.J. Hubbs reviewed the arrest report and additional discovery with Client. E.J. outlined Client's options of going to trial vs. accepting the Drug Court Program. Ultimately, Client decided to accept Drug Court and the case was ultimately dismissed after a year.
Client was charged with Domestic Violence Battery after allegedly grabbing his wife forcefully and scratching her wrist causing a small cut. Client hired Hubbs Law and E.J. took a full statement from both Client and his wife. Both parties denied the allegations in the police report. E.J. had an investigator meet with Client's wife and she voluntarily signed an affidavit denying that Client had touched her against her will. E.J. produced the affidavit to the prosecutor and ultimately was able to get the State of Florida to agree to no action the case at arraignment.
Client was charged with Domestic Violence Battery after allegedly scratching her husband's face after a verbal altercation. Client hired Hubbs Law and E.J. took a full statement from both Client and her husband. E.J. noted that the police report indicated that an anonymous 911 caller had reported that a "male was beating a female" suggesting that the alleged victim was the primary aggressor. This was also consistent with Client's statement to police that she scratched her husband in self-defense after he was choking her. After making this argument to the prosecutor prior to arraignment, the State of Florida decided to no action the charges.
Petition to Expunge
Client was charged with a Grand Theft in 2012 which was no actioned by the State of Florida. Client wanted to expunge the charges from his record so they would not appear on background checks for employment purposes. Client was frustrated because he had previously hired an attorney to file this Petition who forgot to send the paperwork to FDLE. Ultimately, Client wasted a year attempting to expunge his record due to this mistake. Client hired Hubbs Law and E.J. was able to successfully file the necessary paperwork and get Client's arrest and court records expunged.
Petition to Seal
Client was charged with Disorderly Conduct and Resisting Arrest without Violence in 2010 which he pled guilty to and received a withhold of adjudication. Client wanted to seal the charges from his record so they would not appear on background checks for employment purposes. Client hired Hubbs Law and E.J. was able to get Client's arrest and court records sealed.
Violation of Probation for Driving Under the Influence
Client discovered an outstanding warrant for his arrest from 1998 after meeting with an immigration attorney while interested in obtaining a green card. The immigration attorney advised Client that he would need to clear this warrant prior to any filings for immigration. After hiring Hubbs Law, E.J. was able to get records related to Client's warrant and his probation from 1998. E.J. saw that the violation of probation alleged that Client had failed to complete DUI school and 50 community service hours. Client advised E.J. that he had completed DUI school already. E.J. showed proof of the DUI school completion to the prosecutor, converted the 50 community service hours into a $500 fine, and was able to get the prosecutor and the judge to agree to set aside the bench warrant and terminate Client's probation.
Possession of Cannabis over 20 Grams
Client was charged with Possession of Cannabis over 20 grams, a 3rd degree felony, arising out of a traffic stop where cannabis was discovered in his vehicle. After hiring Hubbs Law, E.J. was able to successfully argue to the prosecutor to file the charge as a misdemeanor based on client's minimal criminal record and the fact that weight of the Cannabis was only slightly above the 20 gram threshold. Ultimately, E.J. was able to persuade the prosecutor to dismiss the case in County Court.
Client was charged with Grand Theft after allegedly taking property from a department store. To complicate matters, Client was in the United States on an F-1 visa so she could attend school. A conviction on this case would have severe negative immigration consequences. E.J. was able to successfully negotiate Client's entry into PTI where Client could get the charges dismissed with no admission of guilt.
Title Fraud
Client contacted by a detective investigating numerous vehicle that had been fraudulently retitled in different names. Client was contacted by the detective because Client's name was on some of the retitled vehicles. While Client was innocent of this crime, the fact that his name was on the paperwork caused him some concern that he could have been criminally investigated. After hiring Hubbs Law, E.J. contacted the detective and provided information suggesting Client was innocent of these charges. The Detective later agreed and e-mailed E.J. that Client was no longer a subject of the criminal investigation.
Grand Theft (Cargo valued under $50,000)
Client was an older male that drove a truck for a living transporting goods across the United States. Client was charged with Grand Theft (Cargo valued under $50,000) after a distributing company alleged that there was property missing after Client had transported goods from Miami to another state. Client was arrested and bonded out of jail. After hiring Hubbs Law, E.J. reviewed the discovery with Client and noticed the case was largely circumstantial. Despite being offered pretrial diversion, Client decided that he wanted to exercise his right to a jury trial. On the day of jury trial, the State decided their case was too weak to proceed and dismissed the case.
Client was charged with DUI in Miami, FL after an officer alleged that he had failed field sobriety exercises and admitted to drinking 3 beers. Client also agreed to take a breat test and blew under the legal limit of .08. Client hired Hubbs Law and E.J. took a full statement from both Client and his wife. After hiring Hubbs Law, E.J. reviewed the discovery with Client and advised Client that he looked good on the DUI video in performing the field sobriety exercises. E.J. advised client that, while nothing is guaranteed, he had a very strong case to take to trial. Despite being offered the Back on Track program, Client decided that he wanted to exercise his right to a jury trial. On the day of jury trial, the State decided their case was too weak to proceed and offered to reduce the DUI to careless driving which is non-criminal.

redpajama_set_name: RedPajamaCommonCrawl