Attorney Sean Thomas Marcus's Legal Cases

DUI and DWI

14-035203MU10A

Jun 06, 2016

OUTCOME: All Charges Dropped

Client was involved in a car accident after coming off of the highway, where he was the at-fault driver who hit a slow moving UPS Truck from the rear. Upon arrival, officers noticed that the client had ... red-blooshot eyes, slurred speech, and a strong odor of alcohol which came from his facial area every time he spoke. He also had difficulty keeping his balance. According to the officers on scene, the client didn't know where he was and thought he was several cities away from where he actually was. After being offered a blood test, the results came back that the client had a Blood Alcohol Level over .26. We eventually filed a Motion to Suppress, alleging that the police officer acted improperly in how he conducted the roadside interviews, how the client’s statements could not be used pursuant to the accident report privilege, and how the officer acted improperly in how he obtained the blood sample from the client. After three separate hearings over a three month span, the court agreed with us and suppressed all evidence, resulting in a dismissal of all charges

DUI and DWI

14-037689MU10A

Apr 18, 2016

OUTCOME: Charges Dropped

Client was pulled over after speeding past a Florida Highway Patrol Officer at 90 m.p.h.. The client also ran over debris in the roadway, causing the debris to his the trooper’s car and knock off his s ... ide mirror. After pulling the client over, the client allegedly had a strong odor of alcohol on his person, slurred speech, bloodshot eyes, and had difficulty maintaining his balance. When Officers asked him to pull out his driver’s license, he provided a work ID. While looking for the work ID, officers also observed the client with an open and partially consumed bottle of Jack Daniels, as well as a Flanigan’s cup which had the odor of alcohol on it, in the passenger compartment next to the driver. While waiting for officers to conduct their investigation, the client also urinated on himself. The officers eventually conducted field sobriety exercises, and determined that the client was intoxicated. During his breath test, the client blew over a .12. After working the case up over several months, we were able to file a Motion to Suppress, alleging the client was illegally detained. The court agreed with us and threw out all evidence in the case, forcing the State to drop all charges.

DUI and DWI

8092GXB and B14-31265

Dec 18, 2015

OUTCOME: All Charges Dropped

Client was pulled over after pulling out of a closed car dealership at approximately 2am. When pulled over, the police officer claimed that the client had a very strong odor of alcohol on his breath, a ... nd that the client was unsteady on his feet. The Officer then had the client perform field sobriety exercises which he claimed the client failed. According to the police officer, the client then made several admissions that he had been drinking a few beers, and had smoked marijuana earlier that night. After placing him under arrest, officers also found a pipe with marijuana residue. After providing both a breath and urine sample, the results showed the marijuana in the client's system. After a lengthy hearing on our Motion to Suppress, the court granted our motion, forcing the state to immediately drop all charges.

Lawsuits and disputes

NAB Case #13-13092 - City of West Palm Beach v. Monica Lewis

Jul 30, 2013

OUTCOME: Client allowed to stay in, and keep her home.

Client was brought before the nuisance abatement board for various sales of drugs that occurred just outside of her home. The Board sought to involuntarily remove her and her family from the home and d ... eclare the home a nuisance. At the nuisance abatement hearing, we were able to demonstrate how the officer's testimony was flawed, and how it was unconstitutional to take the clients home when she was not alleged to be the person selling drugs, the seller was never caught, and a search warrant executed on the home turned up nothing. At the end of the hearing, the board determined that the client was not the cause of the nuisance, and elected to not move forward with closing her home and kicking her and her minor children out of the home for over a year.

Criminal defense

B13-5472

N/A

OUTCOME: Found Not Guilty

Client was alleged to have inappropriately touched one of his female customers while she came to him for services. According to the alleged victim, the client had inappropriately touched her, and then ... sucked her breast without her consent, and against her will. After calling the police, a DNA sample was taken from the alleged victim’s breast, which matched the client’s DNA. The police also took statements from the client where he implicated himself in the crime. Despite the DNA evidence, we were able to take the case to a jury trial, where the client was found Not Guilty and acquitted of all charges

Criminal defense

2012-CF-010523-AXXX-MB

N/A

OUTCOME: All Charges Dropped

Client was arrested on a warrant out of Palm Beach County for Trafficking in Roxycodone, for being involved in a large prescription drug ring. Client was identified by witnesses as having knowingly obt ... ained and filled a prescription for Oxycodone, knowing the prescription was forged by an individual working at a doctor's office. For details on the facts of the case, please see the DEA Announcement: DEA.gov / Miami News Releases, 01/17/13. Despite this identification, and a 15 year minimum mandatory, we were able to demonstrate to prosecutors that the client had an alibi and was not the individual involved. We were also able to demonstrate to the prosecutors that the client's identity had been stolen, and that the person involved was likely the person who stole our clients identity. Finally, we were able to demonstrate to the prosecutors that their primary evidence - the identification of our client - was likely to be thrown out by the court because of several mistakes that we pointed out. After several months of hard work, we were able to force the prosecutors to dismiss all charges against the client and help her to have this incident expunged from her record.

Criminal defense

13-007998CF10A

N/A

OUTCOME: All Charges Dropped

Charge: Armed Possession of Marijuana with Intent to Sell Synopsis: Client was at home when several police officers arrived at his doorstep. The officers eventually convinced the client to let them ... in, and coerced him into signing a consent to search (after the search was completed). In the home, the officers founds significant amounts of marijuana, shrink-wrap, cash, and several firearms. After filing a Motion to Suppress regarding the officers’ illegal actions – and possible perjury that we uncovered – the State eventually dropped all charges.

Domestic violence

A.W. v. L.M. - DVCE14-001626

N/A

OUTCOME: Case dismissed

Client was served with a domestic violence injunction, where his ex-roommate made various claims that she had been attacked by the client and she feared he would attack her again. After working th ... e case up, speaking to several witnesses, and taking depositions, we were able to demonstrate to the opposing party and her counsel that we had definitive proof that the roommate lied about everything to get our client out of the home because she was trying to sell the home. After proving this, we were also able to prove that the client was owed over $3,000 in previously paid rent that the roommate essential stole by filing the false petition. We were able to secure a settlement where we the roommate agreed to dismiss the injunction, to repay the money owed to the client, and to seal the injunction when our client was ready to do that, while leaving open the possibility to sue the roommate in the future.

Sean Thomas Marcus's Legal Cases (8)

14-035203MU10A

14-037689MU10A

8092GXB and B14-31265

NAB Case #13-13092 - City of West Palm Beach v. Monica Lewis

B13-5472

2012-CF-010523-AXXX-MB

13-007998CF10A

A.W. v. L.M. - DVCE14-001626