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WHY DO I REPRESENT THE CRIMINALLY ACCUSED?

First and foremost, many of my clients are in fact NOT GUILTY of the crime they are alleged to have committed.  This fact cannot be overstated. Just because the police have arrested a person and the State Attorney's Office has filed formal charges, it does not mean the prosecutors are correct.  Rather, it could mean - based on the "limited" evidence they have at the time - the State believes there is sufficient  evidence to arrest and formally charge a person.   

Often times after my full and careful review of ALL the facts in the case, reviewing all the participants involved with their biases, motives, history and characteristics, and after a detailed review of the law, it becomes clear that my client should not have been arrested and that no formal charges should be filed or if filed, the charges should be immediately dropped.  It is very very rewarding to me, and of course to my clients and their families, when I am able to show the State that the charges are not legally warranted and they agree to immediately drop the charges.

As residents of the State of Florida and the United States, we have rights provided to us by both the Florida and United States Constitutions.  Specifically, we all have the right to be free from unreasonable searches and seizures.  It is very important that law enforcement strictly abide by and follow these laws which protect us all.  At times, my clients have had their "rights" violated by law enforcement.  It is my responsibility to my client and to our community as a whole to not let these violations  go unchecked but rather address these violations in a court of law and make sure my clients' rights and the community's rights are properly respected and protected.

Yes, sometimes my clients are in fact guilty; they did commit a crime, and they do need to be punished.  However, sometimes what a prosecutor or a Judge feels is an appropriate sentence is not what I feel is a fair and appropriate sentence in this particular case.  By learning everything about my client and how they came to be in my office, I can better advocate for him/her and explain why my sentencing recommendation is more appropriate.  Often times my client's childhood, medical issues, employment, child-care responsibilities, substance abuse dependency, and other factors are very relevant and important in arriving at a fair case resolution and sentence.  

Finally, just because a person is accused of committing a crime or actually commits a crime does not necessarily make them a bad or horrible person.  My clients are usually first time (and never again) offenders who made a mistake or bad choice.  I truly enjoy helping them AND their family members through the often stressful, scary, and embarrassing legal process.

I am always truly honored and proud when a former client refers a family member or friend to me to help out in their time of need.  I do not take this trust lightly.    

As always, I will work hard, be honest, and give my clients the honest straightforward answers they deserve.

 

THE SKINNY ON DUI

Check out these AdCouncil commercials: Buzzed Driving is Drunk Driving

The Basics-

• 21 and over, it is legal to drink.
• Valid license, legal to drive.
• Illegal -  to be IMPAIRED and driving. 

Impaired does not mean you are drunk, smashed, hammered, snockered, or sloshed.  A police officer ONLY needs to have probable cause (i.e. an opinion) that your normal faculties are impaired by alcohol.

In other words, if you are stopped, and there is an odor of alcohol on your breath, then there is a good chance you will be arrested for DUI. That is the bottom line. You need to know this so you can decide if it is worth taking the risk.  (By the way, it's not worth the risk.)

Here's a typical scenario, you leave the restaurant/club/ bar/house after having one drink.  While driving you reach for your phone, by doing so, you momentarily swerve in the lane.  A cop sees you swerve, pulls you over, smells alcohol on your breath... The DUI process begins.   

You may think you can smooth talk your way out of an arrest or you may think you will ace the field sobriety exercises. But you would be wrong.  It's late at night. You're tired, scared, and nervous.  Additionally, you may have that bum knee or you're wearing high heels.  Even if you do well on the exercises and you are polite to the officer, the bottom line is this : You driving + Odor of alcohol = You will almost certainly be arrested for DUI.

Don't Drink then Drive. Don't be the "designated driver" and just have "one". If you do, you will be putting yourself in jeopardy.

Instead, get a cab, have a true designated driver, leave your car (it will be fine), call a friend, plan ahead.

Be Well!  Be Safe!  Be Smart! Thank you for your continued support.       

  

TOP 5 REASONS TO HIRE AN ATTORNEY

During the initial consultation, many clients have asked me the million dollar question, "Should I hire an attorney for this case?"   My answer is almost always, "Yes, you should." Here are my top 5 reasons why a person who is arrested should hire an attorney:

1.  YOU DIDN'T DO IT! - This is the best reason to hire an attorney.  The police have arrested you because they think or believe you have broken the law.  This doesn't make it true. Sometimes the police make honest mistakes or are given faulty, inaccurate, or incomplete information which leads them to arrest you.  Some crimes, like DUI, are opinion crimes, meaning the police officer forms the opinion that you are DUI and arrests you based on a totality of factors. As you know, opinions can be challenged and have been known to be wrong....
2. INVESTIGATE THE FACTS- Often times an attorney can gather important evidence that may have been overlooked or not available to the police at the time of the arrest. By immediately interviewing witnesses, taking videos and photographs, documenting injuries, obtaining cell phone or text records, etc. an attorney can obtain and preserve key evidence that can sometimes prove a person has been wrongly accused or falsely implicated in committing a crime. This is a time sensitive endeavor because some evidence can be destroyed or become unavailable.
3. REDUCE STRESS- Getting arrested can be VERY stressful for the arrested person, his/her family, friends, employer, etc. The stress level can be further exacerbated when the arrested person does not know the legal process and/or what to expect. People generally fear the unknown. Meeting in person with an attorney, right after an arrest, is critical to reducing ones stress level. A good attorney will explain the criminal court process and the anticipated timeline of events for this particular type of case. Furthermore, explaining some possible/probable outcomes will alleviate much stress and fear of the unknown. 
4. COLLATERAL CONSEQUENCES- Aside from the criminal consequences of an arrest, there are many other issues resulting from an arrest.  Do I need to tell my employer? If I am a student, do I have to tell my school or college? Will I be kicked out of school or kicked off campus? Will my apartment complex evict me? How will this affect my future? An attorney will explain these potential collateral consequences and create a strategy and game-plan to protect your interests.
5. WHAT IF YOU COMMITTED THE CRIME? - If a person had a lapse in judgment or made a bad decision and in fact committed the crime, this person needs an attorney as much as, or even more than a person who "didn't do it".   In these situations, the attorney advocates and argues not only about guilt or innocence but also what is a FAIR and JUST punishment based on the unique facts and circumstances of this case and the person accused. Many times after carefully reviewing all aspects of the case, putting the incident in context, and looking at the history and characteristics of my client, I can show the prosecutor and/or the Judge that my recommended sentence is more appropriate in this particular case. This can result in a person admitting to their guilt, but receiving an appropriate punishment that is fair and commensurate with their actions.

Thank you for your continued support. 

 

Arrested Development, Part 3: Can you erase your criminal record?

EXPUNGE is when the criminal record is destroyed. If the Court grants a Petition to Expunge, the State Attorney's file, the arresting agency's reports and files, the Clerk of Court's records, and the jail records should be destroyed.  Additionally, a petitioner's photograph is removed from the jail's internet website and all information is removed from the Clerk of Court's website.

A person is eligible to have a criminal record expunged ONLY in the following circumstances:    

• Applicant was arrested but never formally charged by the State Attorney's Office.
• Applicant was arrested and formally charged, but the charge was later dismissed or "nolle prossed" (dropped) in Court.
• Applicant was arrested, charged, but entered into and successfully completed a pre-trial diversion program (i.e. PTI, MIP, or DVI), which ultimately resulted in the case being dismissed by the Court.
• In all of the above three scenarios, the applicant MUST have no other Adjudications of Guilt (convictions) on their record.  (For example, 25 years ago John was convicted of a misdemeanor DUI.  Since then he has had no run-ins with the Police.  But, John is arrested today for grand theft.  Tomorrow, the police release John saying they made a mistake and no grand theft charges are filed against John.   Unfortunately, John would NOT be allowed to get this grand theft arrest expunged because of his prior misdemeanor DUI conviction from 25 years ago.)   

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A record which is SEALED by the Court is not destroyed but placed in an envelope and sealed shut. The envelope cannot be legally opened without a Court order. If a record is sealed, a petitioner's photograph is removed from the jail's internet website. The Clerk of Court's file is also sealed and all information about the case is removed from the Clerk of Court's website.  

A person is eligible to apply for a sealing ONLY in the following circumstances:

• Petitioner was arrested, formally charged, pled guilty or no contest to the charge and was sentenced to a WITHHOLD OF ADJUDICATION OF GUILT by the Court.
• If the Petitioner receives a Withhold of Adjudication and is sentenced to probation by the Court - and successfully completes the probation, the petitioner may seek to have that record SEALED.
• There are certain offenses that are never allowed to be sealed, even if the applicant received a withhold of adjudication. Some of these offenses include, but not limited to, sexual offenses, offenses against children, other violent offenses, and drug trafficking charges.
• As noted above, if you have ever been convicted, you are not eligible to have any case sealed or expunged.  

With both the Expunge and Seal petition process, there are other reasons why you may not be eligible or why your Petition may be denied.  Additionally, you can only have a Petition to Seal or Petition to Expunge granted once per lifetime and you can only choose one date of offense to have sealed or expunged. 

(Click on www.fdle.state.fl.us  or our website www.andrewshein.com for more detailed information). 

As you can see, the eligibility requirements and the petition process can be very intricate and confusing.  You may wish to consult an attorney to help determine whether you are eligible to have your record sealed or expunged.  Afterwards, you may choose to Petition to Seal or Expunge your record on your own.  However, the process can be very time consuming, confusing, and stressful.  I have helped many clients to first, determine their eligibility; second, file the petition with the correct supporting paperwork; and finally, I explain exactly what they can and cannot say about their criminal record.  As your attorney, I have handled scores of petitions to seal or expunge which makes the process stress-free for my clients.   

I would be happy to discuss with you whether you are eligible to apply for a Petition to Seal or a Petition to Expunge and if eligible to help you through the Petition process.

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.