Charges
of Cultivation of Marijuana dismissed due to illegal search warrant
In a case involving the Cultivation of more than 1000 marijuana plants (Health
and Safety Code section 11358), Mr. Shevin filed a motion to quash (throw out)
the search warrant pursuant to Penal Code section
1538.5, challenging the credibility of a confidential informant. Prior to
the hearing, the specially assigned prosecutor in San Bernardino dismissed all
charges and returned over $3000.00 which was seized.
Mr.
Shevin files emergency appeal winning clients release from Federal custody
In the case of USA v. Todd McCormick, involving more than 4000 marijuana plants,
Mr. McCormick's bail was revoked due to an alleged dirty urine test. Mr. Shevin
filed an Emergency Appeal with the District Court, successfully arguing that
the Government's standards for determining a positive marijuana test were flawed.
The appeal was granted and Mr. McCormick was freed from prison (link to article).
Drug
Paraphernalia charges dismissed and hundreds of water-pipes returned to client
Mr. Shevin represented 2000 B.C., a store located in West Hollywood which specialized
in items focusing on marijuana culture, including an extremely large selection
of water pipes and bongs. Following a seizure by law enforcement, Mr. Shevin
litigated the matter with the City Attorney's Office resulting in all charges
being dismissed and the return of all property. This case was set forth in High
Times' Magazine's "Freedom Fighter of the Month" article in May, 1996.
Two
pounds of medical marijuana returned to client after motion granted
Mr. Shevin was retained to file a motion for the return of two (2) pounds of
medical marijuana, a triple beam scale and money. Following a lengthy hearing
which lasted for many months, the motion was granted and the medical marijuana
was returned along with the triple beam scale and money. The arresting agency,
CHP, retained an independent attorney to oppose the motion, which was ultimately
a further waste of taxpayer money.
Charges
dropped against attorney Tony Serra in Olsen Bomb Plot case
In the much publicized case of the People v. Sara Jane Olsen, involving allegations
of attempted murder for Ms. Olsen's involvement with the SLA (Symbionese Liberation
Army). Tony Serra represented Ms. Olsen and in his efforts defending her, he
accidentally filed a motion which inadvertently listed the address and telephone
information of two (2) police officer witnesses. While an oversight, the City
Attorney's office filed criminal charges against Mr. Serra. Mr. Shevin was successful
in having all charges dismissed (link to article).
Traffic
stop for tinted windows was illegal
As a result of Mr. Shevin establishing that the officer was not trained in examining
window tint, the court ruled the traffic stop was arbitrary and the case was
dismissed. A traffic stop based on the mere possibility that window tint is
too dark is illegal. See, People v. Butler
Assault
charges dismissed for insufficient evidence
After completing an in-depth investigation into the credibility of the alleged
victim, as required by law, Mr. Shevin provided the Prosecution with copies
of his investigator's notes. The case was set for jury trial and after Mr. Shevin
announced ready to proceed, the prosecution dismissed the case.
Charges
dropped after illegal pat down
Mr. Shevin was successful in suppressing 10 rocks of cocaine as a result of
an illegal pat-down search where the officer illegally used his finger tips
to manipulate the items in the defendant's pockets.
Charges
dropped after illegal inventory search
Mr. Shevin's client was seated in a parked car which had been reported stolen.
The officer arrested and searched the defendant, revealing over a pound of marijuana,
scales, ledgers and money. The evidence was suppressed and the case was dismissed
after a motion pursuant to Penal Code section
1538.5, due to the inventory search being used by the officer as a pretext
to search for drugs.
Hung
Jury on federal sex and pornography charges
Mr. Shevin represented Patrick Naughton who was accused of attempting to have
sex with a 13 year old girl via a meeting on the internet and possession of
child pornography. After a lengthy jury trial resulting in a hung jury and mistrial,
Mr. Shevin was successful in dismissing the pornography charges and keeping
his client out of prison altogether. A conviction for child pornography carried
a mandatory five (5) year sentence. (link to article)
Charges
dropped after illegal probation search
Mr. Shevin's client was on probation for a prior marijuana offense which included
a condition allowing for searches of his residence without a warrant. A probation
search took place which revealed four (4) pounds of marijuana. Mr. Shevin was
successful in vacating the prior marijuana conviction, in addition to discovering
that the investigating officer was fired for his own drug problem. Ultimately
the search was deemed illegal and all charges were dismissed.
___________________________
Law Offices
of
Eric D. Shevin
A Professional Corporation
___________________________
Eric
D. Shevin, Esq.
9000
W. Sunset Boulevard
Suite 720
West Hollywood, CA 90069
(310) 273-1300
fax (310) 273-1362
law@ericshevin.com
Se Habla Español
On Parle Francais
RETURN
TO HOMEPAGE
DUI
case dismissed for insufficient evidence
Mr. Shevin's client was charged with Driving Under the Influence of Alcohol
in Indio, California, a jurisdiction notorious for its conservatism. Mr. Shevin
successfully challenged the admissibility of the chemical evidence resulting
in the dismissal of all charges.
RECENT
CASES
The following are results obtained by Mr. Shevin on behalf
of his clients.
Of course, the outcome of anyone's case depends upon the facts and laws
at issue, and obviously, no guarantees or promises can be made with
regards to the results in other cases.