Hilton Napoleon II focuses his practice in the areas of complex civil litigation, civil rights violations, federal and state criminal trials and appeals, post-conviction relief, and governmental administrative proceedings.
Mr. Napoleon has successfully litigated several high-profile civil rights cases and obtained life changing jury verdicts and settlements on behalf of his clients. Mr. Napoleon is keenly aware of the laws surrounding “sovereign immunity” and “qualified immunity,” which dissuades most legal practitioners from becoming involved in civil rights cases. Mr. Napoleon is an expert in Fourth Amendment “false arrest” claims and “excessive force” claims. Mr. Napoleon has also protected businesses from First Amendment “free speech” violations and Fifth Amendment “takings” violations. Mr. Napoleon has litigated against some of the largest municipalities in the County, including the City of Miami, the City of Miami Beach, Miami-Dade County, the Miami-Dade County School Board, the City of Coral Gables, and the City of North Miami.
Mr. Napoleon has also represented high-profile organizations, businesses, schools, and individuals in very delicate matters – both pre and post law enforcement involvement. Mr. Napoleon understands that every circumstance is unique, and that an aggressive approach is necessary in some situations, but harmful in others. Mr. Napoleon uses his diverse life experiences to adapt to any situation and works tirelessly to ensure a favorable result for all of his clients.
Mr. Napoleon also has deep roots in protecting the innocent from wrongful convictions based on faulty eyewitness identification, police misconduct, under zealous police investigations, and overzealous prosecutions. Mr. Napoleon has represented clients in criminal cases in both federal and state court, and during both trial and appeal. Mr. Napoleon has also overturned wrongful convictions based on constitutional errors committed by other attorneys in post-conviction proceedings.
- Represented a client who spent 19 months in jail for a homicide that he did not commit, which appeared on “the First 48” television series. After a two-week jury trial against a City, Mr. Napoleon received a jury verdict in his client’s favor and successfully defended the City’s appeal of the jury verdict to the Eleventh Circuit Court of Appeals. Napoleon ultimately obtain a substantial settlement in the case.
- Represented a mental health caretaker against a City and its officers. As shown on a video that was circulated around the world, an officer shot the caretaker while he was laying on the ground with his hands in the air. Napoleon litigated the case for approximately three years against three separate casual defense firms. After prevailing on the City’s and officers’ motions to dismiss, based on “qualified immunity” and “sovereign immunity,” Mr. Napoleon obtained substantial settlement for his client.
- Successfully challenged a City policy that required certain business owners to place surveillance cameras in their establishment and give the City’s police department remote access to the video footage. Napoleon filed a federal “takings” claim and achieved a favorable result for his client.
- Represented a high-profile business against a City that wanted the business to paint over its artistic mural, which was a Puerto Rican flag painted by a famous Puerto Rican artist. Napoleon successfully argued that the City’s directive violated the businesses right to free speech.
- Represented independent contractors who drive for a billion dollar ride-sharing corporation. Successfully defended the independent contractors from various civil citations issued by county municipalities.
- Represented a non-profit organization in a highly-publicized PPP deal that involved bringing a steel mill to Miami-Dade County.
- Handled jurisdictional issues for one of Florida’s largest agricultural companies in a billion dollar complex litigation matter.
- Represents several private school on various sensitive matters that arise.
- Successfully removed a sexual offender designation for two separate clients, on two separate occasions, under Florida’s “Romeo and Juliet Law.” Both clients were 18-year-old students who had sexual relations with their 15-year-old classmates.
- Used cell-cite locations, text messages, and video surveillance to show that a 17-year-old client, who was a high school all-academic football player, was at home when a robbery occurred, and therefore could not be the actual assailant.
- Had manslaughter charges dropped against two juveniles, on two separate occasions, where the juveniles mistakenly shot their friends with an adult’s unattended firearm.
- Acquitted client after a federal jury trial on drug trafficking charges. Napoleon successfully argued “entrapment,” even though the Government used an undercover agent and confidential source to video record their interaction with the client.
- Acquitted client after a federal jury trial on a firearm possession case. Napoleon successfully litigated a pretrial motion to suppress, which precluded the jury from hearing potentially damaging evidence.
- Represented a legendary greyhound kennel owner against violations issued by the Department of Pari-mutuel Wagering in both the administrative proceedings and on appeal before a Florida appellate court.
Before joining the firm, Mr. Napoleon served as an Assistant State Attorney in the Eleventh Judicial Circuit of Florida, where he litigated over 30 jury trials. Mr. Napoleon interned in the Southern District of Florida for U.S. District Judge Donald Graham. Mr. Napoleon is a member of the University of Miami President’s Circle and assists several local non-profit organizations on a pro bono basis.
- J.D., University of Miami 2005
- B.S., University of Detroit Mercy, summa cum laude, 2002
- Hope World Wide, South Florida Chapter
- University of Miami President’s Circle
- Florida Association of Criminal Defense Attorneys
- John W. Kozyak Mentorship Program
- Mentor to underprivileged youth throughout Miami-Dade and Broward County
- Civil Litigation
- Civil Rights Violations
- Federal and State Criminal Trials and Appeals
- Administrative Proceedings