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Misdemeanor Battery Defense in Daytona Beach

by Aaron Delgado
10/15/18 (Updated: 10/26/18)

Mr. Hobby was charged with Battery which also served as the basis for a felony violation of probation. Without waiving speedy trial and in under 60 days, defense counsel prepared for trial. Thanks to the counsel’s aggressive motion practice, the Judge excluded audio tapes of jail calls (all jail calls are recorded) which the State failed to produce until the Friday before trial. Because the Government had lost the parking lot video of the incident, defense counsel also successfully argued to exclude any reference to the video tape and prohibit witnesses from commenting on what was on the video that had been lost. Defense counsel argued our client acted in reasonable self-defense after having been harassed, intimidated and threatened at the bus transfer station. Defense counsel successfully cross-examined the State's alleged victim, who was in jail awaiting trial on felony charges. Although the State presented eye witness testimony from a parking lot attendant and a police sergeant, the Jury rejected the Government's witnesses and their argument, finding an emotional Mr. Hobby not guilty in less than 30 minutes.

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