Case Examples

Broward Circuit Court

Result: Not Guilty Client’s girlfriend told police that client had thrown her to the ground and then strangled her to the point that she could not breathe. Client was arrested in Broward County on one count of domestic violence felony battery by strangulation and one count of misdemeanor domestic battery. Fort Lauderdale Criminal Defense Attorney Della Fera learned through his investigation that the girlfriend had given conflicting accounts of the incident and had posted them on her Facebook page. Criminal Attorney Della Fera also noted that the injuries that were documented in photographs by police were not consistent with any of the girlfriend’s accounts. The case went to trial where Attorney Della Fera spent three hours cross-examining girlfriend wherein her inconsistencies were exposed. Jury deliberated for only 30 minutes.

Miami-Dade County Court

Result: Not Guilty A 30 year old Miami woman was charged in a domestic violence case where her boyfriend was the alleged victim. In addition to the testimony of the boyfriend, the State presented photographs of injuries on his face and hand. RDF presented a case of self defense and showed his client’s testimony was more consistent with her claim of self defense then boyfriend’s claim of unjustified battery.

Miami-Dade Circuit Court

Result: Charges Dropped, No Jail Served, Avoid Deportation Client, a non-U.S. citizen, was arrested for felony cultivation of marijuana in his home in Miami and faced five years in Florida State Prison. Police claimed that client consented to the search of his home. Client hired Della Fera handled the matter from the inception of the case and won a motion to suppress the search of the client’s home convincing the judge that his client’s “supposed” consent was involuntary and there was no other legitimate basis for the police to search the home. The State appealed the judge’s granting of Della Fera’s motion. Della Fera handled the appeal and upheld the judge’s decision.

Miami-Dade County Court

Result: Client Acquitted, Avoids Penalties. Avoids Probation, Avoids License Suspension, No Criminal Record. A young professional woman was arrested for DUI in Miami Beach after being stopped for improper lane change. The State and the arresting police agency attempted to convict the client on the testimony of veteran patrol officers with seemingly impressive experience in DUI arrests. Client hired Miami DUI Attorney Della Fera to represent her. After conducting his review of all of the evidence, Della Fera presented in trial several inconsistent statements among the officers, such as the failure to complete the police reports accurately and the failure to document certain aspect details critical to the investigation and thus received an acquittal.

Miami-Dade Circuit Court

Result: Avoids Life Sentence, No Criminal Record. Client arrested for second degree murder for allegedly shooting a man in a crowded nightclub in Miami. Client hired Miami Criminal Attorney Della Fera to represent him. Della Fera was able to obtain the client’s release on bond prior to trial. The State presented three alleged eyewitnesses to the shooting who identified the Client as the perpetrator. Criminal Attorney Della Fera obtained an acquittal by exposing the witnesses’ motivations to lie as well as inconsistencies in all three eyewitness accounts, even using the State’s own Medical Examiner to discredit the eyewitness testimony.

Superior Court of USVI, U.S. Court of Appeals, Third Circuit

Result: Appeal Won, Retrial Granted, Case Dismissed, Released From Jail . Client was convicted of first degree murder in the US Virgin Islands and was sentenced to life without parole. Based on a ruling overturning a conviction Attorney Della Fera obtained for a co-defendant in this case, this client’s conviction was also overturned. Client hired Della Fera for a his re-trial which ended in a dismissal by the court during the jury trial.

Broward Circuit Court

Result: Charges Dropped, Released From Jail. Client charged with first degree murder in Fort Lauderdale after he shot and killed his unarmed neighbor during a dispute over the property line dividing their properties. National and local press vilified Client as the “lawn feud shooter” and dozens of pundits expounded upon the “lawlessness in our society” and the “senseless killing of an unarmed man.” Client hired Fort Lauderdale Criminal Defense Lawyer Della Fera who met with him in jail and discovered it was a clear case of self-defense. Della Fera investigated the case and discovered numerous witnesses who could testify not only to the act of self-defense, but also to the ongoing dispute between the two men wherein the neighbor was always the aggressor and continually escalating the situation. Della Fera negotiated with the State Attorneys Office to allow his client and his defense witnesses to testify before the grand jury. Grand jury deliberated less than ten minutes and declined to issue an indictment. Della Fera arranged for the Miami Herald to print a front page article declaring the Client had been vindicated.

US District Court, Miami, FL

Result: Not Guilty Client charged with conspiracy to possess with the intent to distribute over 150 kg of cocaine. The client’s charges were based on cooperating witnesses who were also charged in the conspiracy. In addition, the government claimed the client was evading detection because his prepaid cell phone was registered in the name of “John Smith.” Attorney Della Fera investigated and found that the company selling the prepaid phones did not ask for a name. Through his investigation, Della Fera also found and presented defense witnesses who established that the client was not a member of the conspiracy. He was found not guilty by a jury.

US District Court Miami, FL

Result: Client Avoids Felony Life Sentence Government charged twelve individuals in Federal Court in Miami, Florida with racketeering for their alleged roles in a tourist robbery ring (RICO). Miami Criminal Defense Lawyer Della Fera represented one of the so-called “Miami 12.” who was charged with numerous robberies as well as an armed carjacking. Della Fera uncovered evidence to show that a fingerprint found in the car that was the subject of the armed carjacking belonged to another individual who was, at that time, serving a state prison sentence for another armed carjacking. This revelation created a crack in the government’s case that shed doubt on the entire prosecution.

U.S Court of Appeals, Eleventh Circuit

Result: Sentence Overturned. Client Avoids Prison Term. A young mother was convicted of currency transaction violation and received the maximum guideline sentence (6 months in prison) because she refused to give information regarding her husband. Criminal Defense Attorney Della Fera appealed the sentence. He presented the argument that it is unconstitutional to give a greater sentence than in the guidelines and convinced the Eleventh Circuit Court of Appeals that his client’s sentence was illegally imposed by the sentencing judge. This case is notable, as it was highlighted at a national criminal law seminar as one of a fraction of cases which will have a positive, long-lasting effect for all criminal defendants in the years to come.

Fourth District Court of Appeal, West Palm Beach, FL

Result: Conviction Reversed, Released from Jail Client previously convicted of telemarketing fraud in Ft. Lauderdale and sentenced to 5 years of prison time. Client hired Criminal Defense Attorney Della Fera to appeal his conviction. Attorney Della Fera researched the case to find client was denied the ability to present an expert witness at his trial. Attorney Della Fera argued client was denied his constitutional rights by this court action insuring individuals accused of crimes are entitled to fairness and due process.

Third District Court of Appeal, Miami, FL

Result: Charges Dropped, No Jail Served, Avoid Deportation Client, a non-U.S. citizen, was arrested for felony cultivation of marijuana in his home in Miami and faced five years in Florida State Prison. Police claimed that client consented to the search of his home. Client hired Della Fera handled the matter from the inception of the case and won a motion to suppress the search of the client’s home convincing the judge that his client’s “supposed” consent was involuntary and there was no other legitimate basis for the police to search the home. The State appealed the judge’s granting of Della Fera’s motion. Della Fera handled the appeal and upheld the judge’s decision.

U.S. Court of Appeals, Third Circuit

Result: Conviction Overturned . Client convicted of first degree murder in the US Virgin Islands and sentenced to life without parole. Client hired Criminal Defense Attorney Della Fera to appeal conviction. After examining the court transcripts, Della Fera demonstrated that the trial judge’s comments about witnesses testimony and credibility during the trial were unfairly prejudicial and was successful in overturning Client’s conviction.

U.S. Court of Appeals, Third Circuit

Result: Appeal Won, Retrial Granted, Case Dismissed, Released From Jail. Client was convicted of first degree murder in the US Virgin Islands and was sentenced to life without parole. Based on a ruling overturning a conviction Attorney Della Fera obtained for a co-defendant in this case, this client’s conviction was also overturned. Client hired Della Fera for a his re-trial which ended in a dismissal by the court during the jury trial.

U.S. Court of Appeals, Third Circuit

Result: Conviction Overturned, Released From Jail, Civil Rights Restored. Client convicted and sentenced to eleven years imprisonment in federal court for possession with intent to distribute a controlled substance analogue. Client sold candle wax to an undercover officer claiming it to be crack cocaine. The government convicted on the basis that this was a violation of the statute prohibiting the sale of controlled substance analogue. Client hired Criminal Defense attorney Della Fera to argue the appeal. Della Fera researched the statute’s legislative history and argued that the intent of Congress in enacting the law was not to criminalize the sale counterfeit controlled substances but instead was meant to criminalize the sale of so-called “designer drugs.”

U.S. Court of Appeals, Eleventh Circuit

Result: Property Returned Including Numerous Vehicles. Clients were family members of a convicted defendant in Tampa who had their property seized by the government. Clients retained Miami Criminal Defense attorney Della Fera to represent them on the issue of forfeiture of property. Della Fera argued the government had not perfected its forfeiture against the innocent third party family members and that the procedures followed by the Government were unlawful.

Broward Circuit Court

Result: Probation Reinstated A 34 year old Broward County man was in violation of his probation. At the initial violation of probation hearing, both the State and the Judge indicated the man would be sent to State prison. Attorney Della Fera was hired by the man’s parents to resolve the violation without prison time. He developed a defense strategy based on his mental health and convinced both the State and the Judge that prison time was not appropriate as his violation was a result of his mental illness.

Palm Beach County Civil Court

Result: No Negligence found Attorney Della Fera represented a nightclub in Palm Beach County where a young man was in a fight with another patron and had 4 front teeth knocked out. Man claimed the nightclub failed to protect him in the argument and was seeking compensation for dental implant surgery, as well as, past and future pain and suffering. Defense attorney Della Fera was able to demonstrate to the jury that the fight was too brief for the nightclub’s employees to foresee and prevent.

Miami-Dade Civil Court

Result: Client Not Negligent. Client, a South Florida nightclub, accused of negligent security and causing injuries to 3 plaintiffs seeking nearly $500,000 in damages. Miami Defense Attorney Della Fera investigated the case, deposed the employees and other eyewitnesses and then took the case to trial. The jury awarded only one of the plaintiffs $8,000. Della Fera was thus able to collect fees and costs for the client based upon findings of no negligence as to the other two plaintiffs.

Miami-Dade Civil Court

Result: Won jury award, retrieved life’s savings A 91 year old woman was swindled out of her life’s saving by her niece. Client’s niece was able to misappropriate her aunt’s funds by using her ATM card and forging her signature on checks. Client hired South Florida defense attorney Della Fera to represent her case in arguing the niece had no right to the funds and was the culprit in the theft. Della Fera convinced the jury and was able to recover the money to return to his client.