(All client names are being withheld to protect their privacy at their request).
Charge: Felony Grand Theft, Hillsborough County
Facts:Â Client was accused of stealing items from the job site. The police arrested him for the Grand Theft even though it appeared the videotaped evidence of the alleged theft was very questionable.
Outcome: Charge was “No-Filed” by the State Attorney’s Office. Andrew convinced the prosecutor that the evidence in the case did not meet the legal requirements to charge his client and thus no charges were ever filed.
Charge: Felony Carrying a Concealed Firearm, Hillsborough County
Facts: Client was at his home when law enforcement arrived to arrest him on an outstanding warrant. During the arrest, officerâ€™s found a loaded firearm on the client and a small amount of marijuana and arrested him for felony carrying a concealed firearm and possession of marijuana.
Outcome: Charge of Carrying a concealed Firearm Nolle Prossed (dropped). Andrew explained to the prosecutor that his client, under the law, had the legal right to carry a firearm on his own property and thus the criminal charge is without merit. The Client was placed on probation for the misdemeanor marijuana only.
Charge: Felony Possession of a Fake ID
Facts: Client, a local college student was arrested by law enforcement and was found to be in possession of a fake out-of-state driverâ€™s license.
Outcome: Charge was reduced to misdemeanor offense and client enter misdemeanor diversion program which resulted in the case being DISMISSED.
Charge: DUI, Hillsborough County, FL
Facts: Client stopped for allegedly swerving on the roadway. Law Enforcement did not videotape client’s performance on FSEs. Police report stated client failed FSEs. Client refused to take breath test. Video of client at central breath test showed client had perfect balance and did not appear impaired.
Outcome: Client refused reckless driving offer from the State and on the day the case was set to begin for trial the State Nolle Prossed (dropped) the charge.
Charge: DUI with property damage with enhanced blow, Hillsborough County, FL
Facts: Client was involved in a car crash with another car on the highway. Client’s car was totaled. Client was arrested for DUI and blew .290 and .207 (over 3 Â½ times the legal limit).
Outcome: Andrew Shein was able to get the charge reduced to the lesser charge of reckless driving with no court ordered license suspension, no car impound, and reduced court costs.
Charge: Obstructing an officer without violence and possession of marijuana, Hillsborough County, FL
Facts: Client was walking home from local grocery store/mini-mart that had just closed. Police officer approached him and ordered him to stop. Since client was not doing anything wrong he kept walking away from the police officer. The police officer tazed the client forcing him to the ground. Subsequently, officers allege marijuana was found near the client.
Outcome: Andrew Shein convinced the prosecutor to drop the charges since his client had no legal obligation to engage in a consensual encounter with the police and he/she was free to walk away from the officer.
Charge: Trespassing, Hillsborough County, FL
Facts: Client was charged for trespassing at local coffee bar.
Outcome: Andrew Shein successfully showed the prosecutor that his client was legally allowed to be present at the coffeehouse and that the criminal charge was unwarranted. Mr. Shein’s client never had to go to court and the case was nolle prossed (dropped) by the State.
Charge: DUI, Hillsborough County, FL
Facts: Client was pulled over for having an expired tag. Officer repeatedly asked the Client to perform FSEs which the client refused to perform. On video, client looked and sounded perfectly fine and had perfect balance and dexterity. After Client refused to perform FSEs, the officer arrested him for DUI. Client refused to take a breath test.
Outcome: Andrew Shein convinced the State that this case is without legal merit and State nolle prossed (dropped) the case against him without the need for a motion hearing or trial.
Charge: DUI Pinellas County, FL
Facts: Client was arrested for DUI after speeding. Client performed FSEs, admitted to drinking but client refused to take breath test.
Outcome: At jury trial, client was found NOT GUILTY. Andrew Shein presented evidence and arguments to jury that it is not illegal to drink then drive. Rather, the State must prove beyond a reasonable doubt that the driver is impaired.
Charge: Possession of Marijuana Hillsborough County, FL
Facts: Client was driving when stopped by law enforcement who then suspected client had marijuana in the car. Law Enforcement questioned client without first reading client Miranda rights as required by law.
Outcome: Andrew Shein showed prosecutor how Law Enforcement illegally obtained evidence and as a result the State agreed with Andrew Shein’s request to drop the case. Case was NOLLE PROSSED.
Charges: Possession with intent to deliver over 5kg of cocaine Federal, Tampa Division
Conspiracy with intent to deliver over 5kg of cocaine Federal, Tampa Division
Facts: Client found on commercial fishing vessel with over 6,000 lbs of cocaine on the ship.
Outcome: During eleven day jury trial, Andrew Shein successfully argued that client had no knowledge of the contraband was not a knowing or willing participant of the international drug conspiracy. Jury deliberated for 2 days and agreed with Andrew Shein. Client found NOT GUILTY of all charges.
Charge: Trafficking in Marijuana Hillsborough County, FL
Facts: Client moves into friend’s house. Unbeknownst to client, the friend is growing marijuana in a secured room of the house. Client is arrested.
Outcome: Andrew Shein convinces the State not to file any criminal charges against client by showing the State that the Client had no knowledge of the contraband. State files a Letter of Release.
Charge: Possession of Anabolic Steroids with Intent to Sell, Â Federal Court, Middle District of Florida Tampa Division
Outcome: 1 year of probation
Charge: Conspiracy to distribute controlled substances, Â Federal Court, Middle District of Florida Tampa Division
Facts: Client was a medical professional who was indicted for the unlawful distribution of pain pills.
Outcome: Although facing a possible very lengthy prison sentence, Andrew was able to explain his clientâ€™s limited role in the offense to the Court which resulted in a greatly reduced sentence of 24 months in prison followed by supervised release.
Charge: Unlawful Transfer of a Firearm, Federal Court, Middle District of Florida Tampa Division
Facts: Client was charged with aiding another in the transfer or selling of a firearm in violation of US Law.
Outcome: Andrew was able to secure a significantly reduced, below guideline sentence for his client by successfully arguing client played a minor role in the offense.Â Federal Sentencing Guidelines recommended a 30 month prison sentence, however court sentenced client to 15 months prison followed by supervised release.