No two cases are the same.

Often times a client or potential new client will compare the facts of their case with a friend's case or a case in the news.  The client will say their friend had the exact same charge and got this result and they want the same result or a better result.  I always tell them, "No two cases are the same!" 

There are so many variables that define and make up a criminal case. While the charge may be the same, the specific facts of each case will have a significant impact on how a case is handled and the resulting disposition of each case.  The factual distinctions are usually very subtle and may seem unimportant to you or a non-criminal attorney.  But these subtleties in facts can and will distinguish one case from another.  For example, it may be something as subtle as in a DUI case, whether a driver swerved and touched the lane marker twice versus three times that may significantly impact the entire case. 

Other variables that distinguish each case can include: the officer involved, the thoroughness of the investigation, the prosecutor assigned to the case, the presiding Judge, the client's own history, and of course, the defense attorney handling the case.  

The client's background is a significant variable in how a case is handled.  Does the client have a prior criminal history?  If so, for what and how recent?  Did the client make statements to the police?  

Having the right defense attorney often makes a huge difference on the ultimate outcome of your case.  An expert defense attorney will have the knowledge and understanding to identify the facts that help and harm a specific case.  A confident and experienced defense attorney will be able to explain and discuss with the client all the probable outcomes of the case and prepare the client for the legal system.  An aggressive attorney will argue and advocate for the best results for the client.  

I am that defense attorney.  I have been in the state and federal courtrooms of Tampa Bay for the past 15+ years and handled all types of cases from misdemeanor open container to felony manslaughter and everything in between.  I am Board Certified by the Florida Bar and an expert in criminal trial law.  If you have questions about an arrest, call me.  I can help.

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At The Law Offices of Andrew Shein, P.A., our attorneys Andrew Shein and Jaclyn Evilsizor are experienced attorneys who will give you the personal service that you deserve.  We will sit down with you and explain the law, the court system, and your rights.  We will guide you through the divorce process and advocate for you and your family's best interests. 

If you have any questions, please call us at 813-877-4357 to schedule a free and 100% confidential consultation. WE CAN HELP.

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ARRESTED DEVELOPMENT Part 2: Collateral Consequences of an Arrest

Aside from the obvious consequence of being arrested, (i.e., going to jail) there are many other potential "hidden" consequences of an arrest. Here are a few of them:

TRANSPORTATION: some arrests and criminal convictions will result in your driver's license being suspended, and I am not just talking about DUI arrests. Even misdemeanor drug offenses (possession of marijuana or possession of drug paraphernalia) can carry lengthy license suspensions. Clearly, not having a driver's license could affect one's ability to get to work, keep their job and earn money to support themselves and their family. Not having a driver's license would create HUGE problems for a parent who drives their child to and from school or to various activities.   

JOBS. Especially in this down economy and tough economic times, employers have an abundance of applicants to fill an open position. As such, employers often will not "take a chance" on a potential employee who has a criminal record vs. a similar potential employee with a clean record. Additionally, many employees are learning that if and when they apply for a promotion within their company a new background check is run which may turn up a previously unknown arrest. This is especially true for an employee who has been with the same company for many years and no new background checks have been conducted in years.

LIVING: Many people who live in apartment complexes have realized that their prior arrests/criminal convictions (even for misdemeanors) resulted in them being DENIED the ability to rent an apartment or live where they want to live. Most apartment complexes are running detailed background checks on potential renters and DENYING applications because of prior arrests. Furthermore, if you live at an apartment complex and get arrested on site, apartment complexes have often terminated the lease and kicked renters out of their apartments for safety and liability reasons.

REPUTATION: In Hillsborough and local counties, the Sheriff's Office and Clerk of Court websites post arrest and case information, including photographs of each person arrested and some details of the arrest including the crime charged. There are also private companies who have created internet based businesses to make money off your arrest. Mugshots.com is an example of this type of company as each day they post the "mugshot" photos of those arrested. When anyone searches your name or a name similar to yours on any of the search engines (Google, Yahoo, Bing) those search engines may and often will attach links to Mugshots.com with links to your arrest photo and arrest information. Obviously, this could cause you, your family, and friends embarrassment and may damage your reputation.

There are also local newspapers and publications that print the photos and information of those arrested. Some of these publications are available free at local businesses. Once your photo and arrest information is on the public domain via the internet, it is almost impossible to completely erase that information.

TRAVEL: If placed on probation by the Court for a felony crime, oftentimes a person is then prohibited from leaving their county of residence. If you live in Hillsborough County, this means no trips to Clearwater Beach while on probation, no Rays Games, no trips to Orlando, etc. Further, without getting pre-approved written permission from the probation officer and/or the Judge, a person is not allowed to leave the State of Florida to attend a wedding, funeral, or other important family event.

The above are "hidden" but very important potential collateral consequences of being arrested. If you have any questions about this information, please contact me at 813-877-HELP (4357) or email me at sheinlaw@hotmail.com. 

ARRESTED DEVELOPMENT in 3 Parts

PART 1 - THE ARREST

if you get arrested, here's what you do: 

First: DON'T PANIC. I know this is far easier to say than do but it is very important that you try and stay calm, cool, and collected. When you are detained or being arrested, the police will ask a lot of questions. They will inform you of the procedures surrounding your arrest. If you are not paying close attention and staying focused you will not understand what is happening which will make the process worse: more frightening, longer, and may actually hurt your case. Remember, although you have been arrested, it does not mean you are guilty of committing a crime. The officer has opined that you have broken the law, but it is not a fact or a truth. But, now is not the time to argue with the police officer.

Second: DON'T TALK. I strongly advise my clients to give the police officer only your identifying information:   your name, SS#, and DOB. Otherwise, do NOT answer the officer's questions without me or an attorney being present. You may think by cooperating with the police they will not arrest you. However, in my experience, there is only a very very small chance that you will be released. And that small chance of being released is far outweighed by the harm you do to your case by talking to the officer.

Do not tell the officer what you do for a living or your employer. If you provide this information it will be publicly displayed on the Hillsborough County Sheriff's Office public access website for all to see. Local media outlets scour the arrest reports multiple times a day to see who has been arrested and if it is newsworthy. If they deem you or your arrest is newsworthy, they may print it in the local newspaper or online. Additionally, the police officer may call or notify certain employers if an employee is arrested (i.e., School Board, Military, etc.).

Third: BONDING OUT. If arrested, you will be brought to the jail and during processing, you will be told the bond amount. This is the amount of money that you must pay to be released from jail.

To bond out (i.e. be released from jail), you can pay the entire cash amount and be released from the jail. Or, you can hire a bondsman. Customarily, you will pay a bondsman 10% of the bond amount and the bondsman will pay the Jail the balance. You will never get that 10% back. The bondsman may require collateral (e.g., title to your house or your car) for the remaining bond amount. (Many bondsman no longer require collateral and just require the 10% as their fee.) Some offenses carry an automatic NO BOND status and you cannot bond out of jail until you see a Judge the next day. If you get arrested and booked into the jail before 11:59 pm, and you don't or cannot bond out, you will see the Judge the next morning on the video monitor. However, if you get booked into the jail after 12:00 am, you will not see the Judge until the following morning.  

Fourth: JAIL MONITORING.  Remember, the phones at the jail are recorded and anything you say on the phone can be used against you in Court. Additionally, your fellow jail inmates are not your friends. Do not talk about the facts of your case on the phones or with anyone at the jail.

Finally, DON'T DELAY.   The sooner you know about the legal process and the timeline for your case,t he sooner you can relax, get back into your normal routine, and feel confident your case is being professionally and expertly handled. 

Time is of the essence. If you get arrested, you should call me, Andrew Shein immediately. Each case has its own set of unique facts and circumstances which may require immediate action by me in representing you and to preserve your rights. The sooner we can discuss your case the quicker we can set in motion the game plan for showing your arrest was without legal justification or to minimize the consequences of your arrest.   

As always, you can call me ANYTIME at (813) 877-HELP (4357), text me at (813) 833-4200, email me at sheinlaw@hotmail.com , or get more information about the law at www.AndrewShein.com.    

Be well!