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Our client owned a window blind company. He contracted for a job and was paid half the contract fee in advance. The “victim” called the police when the work was not performed timely. The detective obtained a warrant and arrested the client and the State Attorney’s Office prosecuted him. He didn’t commit the crime. Although it may be a breach of contract not to perform the work, it is only a crime if the person intended not to perform the work at the time the money was received. We showed our client fully intended to perform but the manufacturer couldn’t perform because of the odd shape of the windows. Our client contacted a lawyer in St. Augustine who was supposed to communicate to the victim a settlement offer. He never did. When the detectives contacted the lawyer he said he didn’t remember the client, so they issued the warrant. We showed email communication to and from the lawyer and the manufacturer showing our client’s efforts to perform or pay restitution to the victim. the charges were dropped.

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