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Case Results

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!

Driving Under the Influence (DUI)

Reduced to Reckless Driving - 3/23/2015

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 - 3/19/2015

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 financial future.

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 - 3/4/2015

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 - 3/2/2015

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 - 2/27/2015

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 - 2/25/2015

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 - 2/11/2015

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 - 2/9/2015

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 privilege.

(Second) Violation of Probation

Probation Reinstated - 2/4/2015

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.

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