The attorneys of Albaugh Law Firm have achieved a long list of results
for clients in St. Augustine and Jacksonville over the years, and we have
proven our ability to achieve favorable outcomes for people facing a variety
of different types of legal situations. Choose an area of law from the
dropdown menu below to view examples of cases we have won for our clients,
and then contact us for a free initial consultation to discuss your own
case and find out how we may be able to help you!
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Driving Under the Influence (DUI)
Reduced to Reckless Driving -
A.A. had been at a local sports bar enjoying the game and having a few
beers. Feeling like he was safe to drive, he got on his motorcycle and
headed home. About 2 miles from home, A.A. was pulled over for speeding.
The Jacksonville Sheriff’s Office Deputy that stopped A.A. claimed
he observed symptoms of intoxication. Specifically, the smell of alcohol
on A.A.’s breath, bloodshot watery eyes, and slight difficulty with
balance. A.A. performed the Field Sobriety Exercises as requested, but
was placed under arrest for Driving Under the Influence (DUI) when the
Deputy decided A.A. had failed. A.A. continued to cooperate and submitted
to a breath test. The results of that test were .12, or 150% of the legal limit.
What made this arrest even more serious for A.A. was that he held a Commercial
Driver’s License (CDL). Knowing that his career was at stake, A.A.
turned to the Albaugh Law Firm for help. Attorney Ryan Albaugh has been
handling DUI cases for over 15 years. This experience gave him the knowledge
necessary to evaluate A.A.’s case from every angle and put together
a strategy to defend A.A.
Attorney Albaugh met with the prosecutor assigned to the case. He pointed
out that on the in-car dash video from the patrol car A.A. was seen committing
no traffic offenses other than speeding up to pass another car. A.A. even
used his turn signals appropriately and came to a safe stop immediately
after the Deputy turned on his lights. Mr. Albaugh also pointed out that
A.A. appeared steady on his feet, obeyed the commands of the Deputy, and
was cooperative the entire time he was on camera. Interestingly, A.A.
had been taken off camera for the Field Sobriety Exercises so they were
not captured. On these facts, had A.A. not consented to the breath test,
Mr. Albaugh would have requested a dismissal and immediately set the case
for trial. However, with the breath test result so high, and the fact
a conviction would end A.A.’s career, Mr. Albaugh approached the
prosecutor for a reduction of the charge to reckless driving.
The State Attorney reviewed A.A.’s criminal history and driving record
and ultimately agreed to reduce the charge. A.A. was given a withhold
of adjudication (not convicted) of the reduced charge, and will qualify
to seal this matter from his record. Most importantly, A.A. was able to
keep his job.
If you or someone you know is facing a DUI charge it is important to hire
an experienced attorney to aggressively defend your rights. Call the Albaugh
Law Firm today for a free consultation and to learn more about how we
fight for the people who hire us.
Discharge of over $50,000 in Debt -
Jurisdiction: Middle District of Florida – Jacksonville Division
Results: Discharge of over $50,000 in Debt through Chapter 7 Bankruptcy
L.P. lost her job about 2 years ago and had been struggling financially
ever since. The further she got behind on her bills the more often the
debt collectors started calling. L.P. attempted to explain her situation
to the debt collectors but all they wanted was a lump sum payment that
L.P. simply did not have. The harassing phone calls finally got so bad
that L.P. called the Albaugh Law Firm for help. Attorney Ryan Albaugh
has experience helping people who are facing debt collection lawsuits
and harassing phone calls from creditors. He took the time to talk to
L.P. about her entire financial situation and offered L.P. several different
options. The strategy L.P. felt was best for her was to file for relief
under Chapter 7 of the Bankruptcy Code. L.P. had numerous debts to credit
card companies as well as some delinquent medical bills. In total, L.P.’s
credit report revealed she had over $50,000 in unsecured debt.
Having years of experience helping people file for Chapter 7 Bankruptcy,
attorney Albaugh carefully went through and detailed L.P.’s debts
and assets in her Bankruptcy Petition. He attended the 341 Meeting of
the Creditors with L.P. and assured that the trustee had all the information
they needed to move L.P.’s case forward. Approximately 90 days after
calling the Albaugh Law Firm for help, debt collectors had stopped calling,
over $50,000 in debt had been erased, and L.P. had hope again for her
If you are someone you know is facing harassing phone calls from creditors
or simply cannot figure out how to get financially ahead, call the Albaugh
Law Firm today for a free consultation. We are here to help get you back
on financial track.
Violation of Probation
Probation Terminated -
Jurisdiction: St. Johns County
S.L. was placed on drug offender probation by Judge Berger clear back in
2003. However, rather than being released to comply with probation he
had been taken to Georgia to face similar charges. During the next 10
years S.L. was in and out of jail in Georgia until he was finally able
to complete his probation there. At various times over the years, Florida
was notified that S.L. was in custody in Georgia, but Florida never came
to get S.L.
By the time S.L. finished his probation in Georgia, the last thing he wanted
to do was come back to Florida and face a 10 year old probation violation
allegation. So he didn’t. Instead, he started a successful business,
remained clean and sober, and got engaged. Then, in December 2014, S.L.
was stopped for a traffic violation and arrested on a Florida warrant.
S.L.’s fiancée called the Albaugh Law Firm in a panic. She
was aware of S.L.’s past, but couldn’t bear to think about
S.L. being sent to prison in Florida given all he had going for him. Attorney
Ryan Albaugh went to the St. Johns County jail and met with S.L. He got
the information from S.L.’s Georgia case and the names and numbers
of his business partner and friends who could speak to his recent success.
Mr. Albaugh gathered the documents from S.L.’s Georgia case and found
that S.L. had actually completed much of the same terms as he was required
to complete for his Florida probation. This, Mr. Albaugh argued, was why
the probation officer and prosecutor should not want to send S.L. to prison
and disrupt the life he had built. It took several meetings, but Mr. Albaugh
was ultimately successful in getting both the probation officer and prosecutor
to agree that S.L. had not done things correctly, but had gotten them done.
Without having to face a prosecutor asking for prison, Mr. Albaugh only
needed to get Judge Traynor to agree that S.L. had paid his debt and terminate
his probation. Several of S.L.’s friends as well as his fiancée
came to the hearing in support. Mr. Albaugh was able to get Judge Traynor
to agree, and S.L.’s Florida probation was terminated.
S.L. was released that afternoon and returned to his life in Georgia. If
you or a friend or family is facing a probation violation, especially
if many years have passed since they were in court, they must have an
experienced criminal defense attorney capable of protecting their rights
and future. Call the Albaugh Law Firm today for a free consultation and
to hear more about how we protect our clients.
Our Client’s Motion for Contempt / Enforcement
Motion GRANTED -
Jurisdiction: St. Johns County, Florida
In C.T. v. B.T., the parties filed for and were divorced in St. Johns County
in 2013. At the time of the divorce, C.T. was suffering from severe mental
illness. Despite her requests to have an attorney, B.T. took advantage
of the situation and hired an attorney only to represent him. C.T. was
unable to protect herself and the result was a divorce “agreement”
drafted by B.T.’s attorney which was completely one sided and made
very few concessions to C.T. Worse yet, the agreement claimed to allow
B.T. to stop alimony payments whenever B.T wanted and to do so without
penalty. As you may expect, B.T. stopped paying C.T. alimony after about
10 months. C.T. was left with no money, mounting bills and a marital settlement
agreement that appeared to provide her with no protection. With so much
at stake, C.T. turned to the Albaugh Law Firm for help.
Family law attorney Bill Arnau met with C.T. and discussed the issues.
He also reviewed the original marital settlement agreement and started
to formulate a strategy for getting around the no-penalty clause. Confident
that he had a winning argument, Mr. Arnau filed a Motion for Contempt
/ Enforcement on behalf of C.T. and set the motion for hearing. At hearing,
B.T. argued that the court could not enforce the alimony provision because
the settlement agreement stated no penalty was available. Mr. Arnau argued
otherwise and the court ultimately agreed. B.T. was ordered to pay nearly
$3,000 in back alimony to C.T. Moreover, the Court ordered B.T. to continue
to making alimony payments until C.T. passes away or remarries, extending
the time period beyond the original agreement.
Contempt and Alimony are complex legal issues that require an experienced
family law attorney who knows the way St. Augustine judges approach them.
If you or someone you know is dealing with an alimony or contempt issue
call the Albaugh Law Firm today to ensure you have the representation you need.
Violation of Probation and New Case
Probation Reinstated Without Jail Sanction -
Jurisdiction: St. Johns County and Volusia County
Having been placed on criminal probation in Volusia County, Florida, only
two months earlier, E.S. was very concerned he would be spending a considerable
amount of time in jail when he was arrested again in St. Johns County,
Florida. E.S. was right to be concerned, especially because his new arrest
was for the same crime he was on probation for. Facing an extremely difficult
and complex situation, E.S. called the Albaugh Law Firm for help.
E.S. described his situation to Criminal Defense Attorney Bill Arnau. Mr.
Arnau asked questions not only about the accusations against E.S., but
also about his background and who he was as a person. Mr. Arnau recognized
the importance of having an experienced attorney represent E.S. in both
cases to ensure that the best overall result could be achieved.
Mr. Arnau contacted the prosecutor in St. Johns County and the prosecutor
in Volusia County and started to negotiate a combined settlement. Both
prosecutors, unimpressed with E.S. being arrested again for the same crime
so soon after being placed on probation, stated that they felt jail was
the only option. Why would they give E.S. another chance at probation,
they asked. Mr. Arnau had the answer. He told both prosecutors more about
E.S., his history, and the positive aspects of his life. Mr. Arnau suggested
that there were more appropriate and productive alternatives for E.S.
than to simply throw him in jail.
It took considerable effort, but Mr. Arnau remained dedicated to E.S. and
keeping him out of jail. His persistence finally paid off, and Mr. Arnau
was not only able to persuade the Volusia County prosecutor to reinstate
E.S.’s probation, but he was able to persuade the St. Johns County
prosecutor to dismiss the new case. By turning to the Albaugh Law Firm
for help, E.S. was back on probation, without a new conviction, and most
importantly, out of jail.
Probation violations happen for many reasons, but all are extremely serious.
If you or someone you know is facing a probation violation call the Albaugh
Law Firm immediately for a free consultation. Our experienced criminal
defense attorneys work proactively to minimize the impact of a violation
and to get our clients back on the right track.
Unlawful Speed Clocked by Airplane
Citation / Ticket DISMISSED -
Jurisdiction: St. Johns County, Florida
Like many travelers heading north or south through St. Johns County, Florida,
on Interstate 95, J.A. was stopped by the Florida Highway Patrol for speeding.
He was cited for unlawful speed (allegedly going 93mph in a 70mph zone).
J.A.’s case was different in that his speed was allegedly observed
by a State Trooper patrolling in an airplane. The State Trooper in the
aircraft used a stopwatch and pre-marked measuring points to determine
J.A.’s speed and then coordinated with another State Trooper on
the ground to stop J.A. and issue the citation. Concerned with the impact
the ticket would have on his driving record and insurance rates, J.A.
turned to the Albaugh Law Firm for help. Attorney Bill Arnau has successfully
defended thousands of traffic tickets in St. Johns and Flagler Counties
during his career as a defense lawyer, and ultimately added J.A. to his
list of success stories. Mr. Arnau consulted with J.A. and reviewed the
evidence in the case. Calling upon his extensive knowledge of Florida
traffic law, Mr. Arnau knew that cases involving aircraft and multiple
law enforcement officers present additional evidentiary proof issues at
trial. As such, he set J.A.’s ticket for hearing. At the hearing,
both State Troopers were present with the documentation necessary to prove
the Trooper who observed J.A.’s vehicle was properly trained to
estimate speed and was using a stopwatch that had been properly calibrated
and testified to the effect. This typically means the ticket / citation
will be validated by the court. However, Mr. Arnau wasn’t ready
to submit just yet, and at the close of the State’s case he moved
the court to dismiss the case citing a technical deficiency in the evidence
presented. The court agreed and granted Mr. Arnau’s motion, which
resulted in dismissal of the ticket. As a result, J.A. was not required
to pay a fine or attend driving school and no points were assessed against
his driving record. Traffic tickets can do serious harm to your driving
record and significantly increase your insurance premiums. If you or someone
you know has received any type of traffic ticket / citation in St. Johns
or Flagler County, call the Albaugh Law Firm right away to discuss how
we fight to defend our client’s rights.
Foreclosure Sale of Home / Bankruptcy
Jurisdiction: Middle District of Florida – Jacksonville Division
Results: Chapter 13 Bankruptcy Prevented Sale of Home
K.C. was self employed, having her own business in Jacksonville, Florida.
The recent downturn in the economy cut K.C.’s monthly income almost
in half. The problem was, K.C.’s bills remained the same and her
3 sons were actually costing more and more as they got older. K.C. sought
assistance from a debt consolidation company that sent her an advertisement.
They told her to ignore the Foreclosure Lawsuit that the bank had filed
against her, that they would handle everything. Unfortunately, the company
was a fraud. They took K.C.’s limited money and allowed a default
judgment to be entered against her in the Foreclosure case. When K.C.
finally figured out what had happened, her and her 3 sons were 4 four
days from having their home sold at auction. K.C. called the Albaugh Law
Firm for help and met with attorney Ryan Albaugh, who is experienced in
handling both Foreclosure Defense and Bankruptcy in Jacksonville. Mr.
Albaugh reviewed the case file and discussed options with K.C. They both
determined that the best option for K.C. and her family was to file for
Bankruptcy Protection under Chapter 13. Mr. Albaugh and his firm acted
quickly to get the Bankruptcy filed for K.C., and the sale of her home
was stopped. K.C. now has a Chapter 13 Bankruptcy plan to get back on
financial track over the next 5 years. If you have been the victim of
consolidation fraud or your house is set for auction due to a Foreclosure
Lawsuit in St. Johns or Duval County, Florida, contact an experienced
consumer law attorney at the Albaugh Law Firm today for a free consultation.
Defense of Motion for Contempt and Enforcement
Motion Denied -
In T.W. v. S.W., the parties were divorced in St. Johns County over 15
years ago. Recently, Former Wife, S.W., filed a Motion for Contempt claiming
that Former Husband, T.W., had failed to comply with the payment agreement
in the original divorce documents. Former Wife’s claim was for over
$6,000. Blindsided by this Motion and facing a judgment that could be
financially devastating, T.W. retained attorney Bill Arnau of The Albaugh
Law Firm to defend him against these allegations. Mr. Arnau went right
to work preparing for the upcoming hearing by reviewing the original divorce
documents, motion filed by Former Wife, and the supporting documents Former
Wife filed with her motion. At the hearing, Mr. Arnau effectively cross
examined Former Wife and argued that she had breached at least three material
provisions of the original divorce agreement she was seeking to have enforced.
This breach, argued Mr. Arnau, should prevent Former Wife from receiving
the $6,000 she was seeking. The Court agreed, and Denied Former Wife’s
motion. As a result, T.W. was not required to pay Former Wife anything.
Being faced with Contempt is a serious matter. If a motion for contempt
has been filed against you or you want to file a contempt motion against
your ex-spouse, contact an experienced Family Law Attorney at The Albaugh
Law Firm today for a free consultation.
Causing Accident with Serious Bodily Injury
Citation / Ticket Dismissed -
Jurisdiction: St. Johns County
In State of Florida v. D.S., our client was involved in an accident during
which the other driver suffered severe injuries. Facing a three month
driver’s license suspension and a substantial fine if convicted,
D.S. contacted the Albaugh Law Firm for help. Attorney William Arnau spoke
to D.S. at length about the accident and reviewed the evidence. He then
set the case for trial and prepared to defend D.S. in court. The State
Trooper who issued D.S. the citation and the other driver came to court
and testified against D.S. However, Mr. Arnau cross-examined those witnesses
and presented evidence that left the court with no option other than to
dismiss the ticket given to D.S. As a result, D.S. avoided a driver’s
license suspension, points being assessed against his driving record,
and was not required to pay a fine. Accidents, especially those involving
injury, are serious matters. If you have been cited for an accident contact
the Albaugh Law Firm to learn how we can help protect you and your driving
(Second) Violation of Probation
Probation Reinstated -
Jurisdiction: St. Johns County
D.G. had been placed on felony probation by Judge Berger in St. Johns County
Circuit Court in 2012. She had performed well on probation until a foot
injury caused her to relapse and start using prescription narcotics again.
This led to a dirty test and initial violation of probation in 2014. D.G.
was given another chance at probation, but was required to submit to community
control (house arrest).
Within 2 months of being placed back on probation, D.G. was arrested again
for violating her probation by testing positive for narcotics. Fearing
that this time she was headed to prison, D.G. contacted criminal defense
attorney Ryan Albaugh for help.
Mr. Albaugh spoke to D.G. about her current violation and the circumstances
that led to her continuing to use narcotics. He also spoke to friends
and family members about D.G. and what support they may be able to offer.
Armed with this knowledge, Mr. Albaugh contacted the prosecuting attorney
and explained the bigger picture. The prosecutor was reluctant to agree
to give D.G. a third chance at probation, but did agree not to ask for
an extended prison term as she had intended.
At the sentencing hearing on the probation violation, Mr. Albaugh explained
D.G.’s history to Judge Traynor. As importantly, however, Mr. Albaugh
called D.G.’s mother as a witness and asked her to speak on D.G.’s
behalf. D.G.’s mother made a heart felt plea to Judge Traynor asking
him to allow D.G. to complete a residential treatment program and seek
mental health assistance. Judge Traynor ultimately agreed, and reinstated
D.G. on probation on condition that she complete a residential drug treatment
program with a mental health component.
This outcome kept D.G. from going to prison, but more importantly, gave
her a chance at a future by giving her the drug and mental health help
she needed. If you or a friend or family member is facing a violation
of probation, you need an experienced St. Augustine criminal defense attorney
on your side. Contact Mr. Albaugh for a free consultation today.