Crimes Lead To Suspension

The New York Appellate Division for the Fourth Judicial Department has imposed a three-year suspension for a series of offenses committed in Florida

In September 2018, respondent advised the Grievance Committee that, from 2009 through 2016, he was convicted of several misdemeanor crimes in Florida, including petit theft, disorderly intoxication, obstructing or resisting an officer without violence, and reckless driving. Respondent also advised the Grievance Committee that, in December 2017, a judgment was entered in Circuit Court for the Seventh Judicial Circuit for Volusia County upon respondent’s plea of nolo contendere to two felony crimes, i.e., battery on a person 65 years of age or older (Fla Stat § 784.08 [2] [c]) and domestic battery by strangulation (Fla Stat § 784.041 [2] [a]). The judgment of Circuit Court indicates that, upon entry of respondent’s plea, the court withheld adjudication of guilt and sentenced respondent to three years of probation, which included mandatory substance abuse treatment.

Sanction

In determining an appropriate sanction, we have considered the lengthy course of misconduct that gave rise to respondent’s misdemeanor convictions and the serious nature of the allegations that gave rise to the aforementioned felony charges to which respondent entered a plea of nolo contendere. We have also considered the matters in mitigation submitted by respondent, including his statement that the misconduct did not concern his practice of law or negatively affect clients and that the misconduct was primarily attributable to his long-standing alcohol and substance abuse issues, for which he has sought treatment. We have further considered respondent’s statement that he has remained sober since September 2017.

(Mike Frisch)