Attorney Brian Andrew Kirlew's Legal Cases

Criminal defense

State of Florida v. Seay

May 12, 2016

OUTCOME: Negotiated plea.

Seay, along with a co-conspirator, allegedly planned to purchase 10 kilograms of cocaine. The state alleged through a series of recorded phone calls, wire taps and confidential informants that Seay and ... his co-defendant travelled from Palm Bay, Florida to Hialeah, Florida to purchase the narcotics. Unbeknownst to Seay and his co-conspirator, the Hialeah Police department was setting up the entire operation. Upon their arrival in Hialeah, Seay and his co-defendant met an undercover officer in mall parking lot. The undercover officer led Seay and his co-defendant to a nearby office suite that was under video and audio surveillance. The entire transaction was captured on HD video and audio. Seay and his co-defendant was immediately arrested and charged with trafficking in cocaine and money laundering. The police seized nearly a $100,000.00. Seay, being a career criminal and habitual violent felony offender, faced life in prison with a 15 year minimum mandatory sentence. To make matters worse, Seay was on probation for two counts of aggravated battery in Broward County, Florida and faced a maximum of 60 years in prison for violating his probation. Seay was designated a Repeat Offender in Broward County and was assigned to the notorious ROC division. Undaunted, Brian Kirlew began a feverish investigation of Seay’s case. He immediately hired an investigator and began looking into shady dealing of the Hialeah Police Department and their prior drug stings. After a few months of snooping around, Brian was able to obtain some information indicating that these officers were running a racket and using the same confidential informant repeatedly in an attempt to entrap otherwise law abiding citizens into get rich quick drug transactions. During the deposition of the lead detective, Brian Kirlew and the lawyer for the co-defendant got the lead detective to admit that he wasn’t present or even recorded the overwhelming majority of the interactions with his confidential informant and Seay. The identity of the informant became an essential issue that could no longer be hidden. Brian Kirlew filed a motion to disclose this person’s identity. Prosecutors in Miami and Broward eventually relented in their prosecution and offered Seay a concurrent sentence of 5 years in prison to prevent disclosure of the informant. Seay, facing life in prison, immediately accepted the 5 year sentence to close both cases.

Criminal defense

State of Florida v. S.H.

Mar 03, 2016

OUTCOME: Probation with a Withhold of Adjudication

Like many individuals in the criminal justice system. S.H. was a troubled young lady who had a difficult upbringing. At the tender age of 7, S.H. was the victim of sexual assault by her stepfather. S.H ... . began to abuse drugs and alcohol and started committing petty crimes as a result of her addiction. S.H, found herself a mother as a teenager to a son with special needs. Desperate, broke and severely depressed S.H. devised a plan to burglarize a neighbor’s house. She was the alleged ring leader and convinced two other young adults to join in on her conspiracy. Together they stole thousands of dollars from the neighbor and pawned the loot at a local pawn shop. The evidence against S.H. showed that she signed the pawn receipt and her fingerprints were at the crime scene. S.H. and her coconspirators were arrested and charged with a slew of felonies. Despite being the alleged ring leader and the most culpable Defendant, Brian Kirlew was able to present a detailed mitigation of S.H., her prior abuse, and her need for counseling and medication. Brian Kirlew reminded the prosecution that S.H. had been a victim her entire life and her current predicament was nothing more than a delayed outcome from the sexual abuse she suffered as a child. The prosecution agreed and S.H. received a withhold of adjudication on three felony cases, probation and substance abuse treatment and mental health counseling. Each of her codefendants, who were not represented by Brian Kirlew, were convicted and served at least a year in jail.

Criminal defense

State of Florida v. Young

Jan 07, 2016

OUTCOME: Charges were dismissed

Young was a 21 year old college student with a bright future ahead of her. Young was arrested in Broward County, alleged to have committed a Domestic Battery against her sister and tampering with a wit ... ness. Never having been in trouble, Young now faced the possibility of getting kicked out of school and becoming a convicted felon. Her future was in jeopardy. Brian Kirlew understood what was at risk and immediately began a dialogue with the prosecution. The prosecution wanted Young to plead guilty to misdemeanor battery and do 12 months of probation with anger management. Unsatisfied with the State’s concession, Brian Kirlew was able to speak to the victim and after this conversation; Brian Kirlew was able to convince the State Attorney’s Office to dismiss the charges against Young. Young graduated University with high honors in May 2016.

Criminal defense

State of Florida v. Marc

Dec 16, 2015

OUTCOME: Acquitted by Jury

At the age of 19, Marc was arrested for First Degree Murder. In December of 2012, Marc was allegedly at a basketball court in North Miami Beach when he was confronted by the victim. According to the ey ... e witnesses, immediately prior to the shooting, the victim got into a heated exchange with Marc on the basketball court. Several witnesses told police officers that the same person who argued with the victim prior to the shooting, returned less than 20 minutes later and shot the victim 5 times, killing him instantly. The prosecution had testimony from two witnesses who identified Marc from a photo lineup. Marc was later arrested and confessed to the crime in a detailed two hour statement. Marc then made another incriminatory statement to a detective as he was being booked into the Dade County Jail. Despite the eye witness testimony and confession, Brian Kirlew was ready to fight. Brian Kirlew immediately started working on a defense for Marc’s case. After months of investigation, research and countless depositions, Brian Kirlew was able to identify an issue with Marc’s confession. Brian Kirlew filed a motion to suppress Marc’s confession and the State was unable to defend against Brian Kirlew’s motion. As a result, the court suppressed Marc’s confession. Moments before trial, Brian Kirlew moved to suppress the incriminatory statement Marc made to the detective as he was being booked into the jail. The Court agreed and suppressed the statement, thereby precluding it from coming into evidence before the jury. With a clean slate, Brian Kirlew repeatedly called into question the sufficiency of the evidence during the trial. Brian Kirlew was able to show inconsistent statements made by the lead detectives through cross examination. Another witness, under intense cross examination by Brian Kirlew, told the jury that he had identified another man as the potential shooter the day of the incident.

Criminal defense

State of Florida v. Johnson

Feb 09, 2015

OUTCOME: Reduction of charges, probation with a withold of adjudication

Several members of the Miami-Dade Police Department were conducting a narcotics operation in Southern Miami-Dade County. The detectives in charge of the operation alleged that Johnson and another male ... were engaging in hand to hand transactions on the front porch of Johnson’s home. The detectives observed the transactions and surrounded the house. Johnson, his mother, little sister and other family members were detained by the police. The detectives then obtained permission to search the home of Johnson and found trafficking amounts of rock and powder cocaine, and marijuana in the top drawer of the dresser in Johnson’s bedroom. Due to the quantity of narcotics retrieved, Johnson faced a minimum mandatory prison sentence of 3 years and a maximum of 60 years in prison. Johnson also provided a confession to the police admitting that the drugs were his and that sold drugs. Despite the evidence seized, Brian Kirlew remained undaunted and began a thorough investigation of the case. Thinking outside the box, Brian Kirlew was able to obtain IP records from Microsoft. The records showed that at the time of the alleged narcotics transactions, Johnson was playing a video game online with other individuals. Brian Kirlew located a potential witness who lived in Tampa and who was playing the game online with Johnson at the time of the alleged transactions. This witness provided evidence that the police officers entered the room without a warrant and prior to getting consent to search the home. The witness also provided evidence that he heard through the Xbox headset that the police officers involved were looking for guns and some evidence to implicate Johnson. Brian Kirlew successfully motioned the Court for an order allowing the dozens of baggies of narcotics found in the home to be fingerprinted. None of the fingerprints found on the baggies matched those of Johnson. As a result of Brian Kirlew’s efforts, the prosecution waived the minimum mandatory sentence of 3 years. Johnson accepted a plea deal to reduced charges and was sentenced to 3 years’ probation with early termination at 18 months. The prosecution agreed to withhold adjudication and as a result Johnson is not a convicted felon and still has his civil rights.

Criminal defense

State of Florida v. Warren

Sep 24, 2014

OUTCOME: Warren was acquitted of the Sexual Battery with Injury and Strong Armed Robbery counts. Warren was convicted of misdemeanor battery and sentenced to time served.

Warren is alleged to have followed a woman he did not know to a dim lit alleyway after she refused his advances for sex in exchange for money. There, Warren was alleged to have battered the alleged vic ... tim, choking her unconscious several times, punching her and forcing himself on her. Warren’s DNA was found inside the victim’s vagina and the alleged victim had noticeable injuries consistent with the allegations. Warren allegedly confessed to the crime at the Miami-Dade Sexual Battery bureau. Warren faced a possible life sentence if convicted and a minimum mandatory of 30 years on each count if convicted. Through effective cross examination, Warren’s attorney Brian Kirlew was able to show that the victim gave inconsistent statements to the first responding officer and the lead detective. Brian called into question the state’s entire theory and through a civilian witness proved to the jury that the victim lied when she claimed she never knew Warren prior to the attack . The witness also admitted that the alleged victim went willing into the alley way with Warren. Brian attacked the lead detective’s assertion that Warren confessed to the crime by pointing out that he didn’t record the confession despite the fact that four rooms int he bureau had recording equipment available. Brian then successfully argued to the jury that the alleged victim consented to sex with Warren in exchange for drugs and was only battered by Warren subsequent to the consensual sex.

Criminal defense

State of Florida v. Washington

Jun 29, 2014

OUTCOME: Acquitted by Jury

Following a verbal dispute with a maintenance worker at his apartment complex in North Miami Beach, Washington allegedly retrieved a semiautomatic handgun and pointed it at the maintenance worker in a ... threatening manner. Soon after, Washington was stopped by a North Miami Beach Police officer and was charged with fleeing the scene of a crime. After searching the vehicle, the police officer testified that he found a 9mm Ruger handgun, 34 rounds of ammunition, and two magazine clips under the driver’s seat of Washington’s car. Brian Kirlew challenged the truthfulness of the victim’s testimony and argued that the State failed to prove beyond a reasonable doubt that Washington knew the weapons were under the driver’s side seat. The jury agreed with Brian Kirlew and found Washington Not Guilty of both counts.

Criminal defense

State of Florida v. Williams

Feb 20, 2014

OUTCOME: Williams plead guilty to a negotiated plea of 20 years in prison.

In a case featuring some of the most graphic crime scene photos and forensic evidence ever introduced in a criminal trial, Williams was charged with three counts of Vehicular Manslaughter, Leaving the ... Scene of an Accident with Death, Fleeing and Eluding the Police and Fleeing the Scene of an Accident. The tragic circumstances of this case involving the death of three innocent peopled garnered much media attention. Williams was as unpopular a defendant as they come and he was vilified by the local media. The state introduced Williams’ taped confession and DNA evidence taken from the driver side airbag of the Chevy Van proving that Williams was the driver of the van. Police officers also testified that Williams ran a red light and led the police on a high speed car chase earlier that evening. Williams was a career criminal and faced a mandatory life sentence if convicted at trial. Despite the overwhelming evidence against Williams and the negative media attention, Brian Kirlew remained undaunted in his zealous representation of his client. Brian Kirlew challenged the State’s evidence and effectively cross-examined the witnesses called during the trial. After three hours of jury deliberations and question from the jury indicating that they may not have believed the confession, Brian Kirlew was able to negotiate a 20 year plea deal with the prosecutors and save Williams from life in prison had he been convicted.

Criminal defense

State of Florida v. Torre

Feb 17, 2014

OUTCOME: Revocation of community control/probation.

In the early 2000s, Torre was accused and convicted of kidnapping and sexually assaulting a female companion. Torre was placed on community control/probation and violated the conditions of his release ... by fleeing to South America. Facing life in prison without the possibility of parole for an open community control/probation violation, Torre was a man without a country and without hope. For years, Torre was unable to speak to his family or children. Desperate to return to his country and family, Torre reached out to Brian Kirlew for help. Brian Kirlew successfully negotiated a plea agreement with the State that allowed Torre to return to the United States and serve a maximum of 364 days in the county jail and a termination of his community control/probation. Through contacts in a foreign embassy, Brian Kirlew was able to assist with getting Torre the appropriate travel documents and arranged for his surrender to local authorities. Torre is now back in the U.S. with his family and is looking forward to his new life as a free man.

Criminal defense

State of Florida v. Williams

Feb 06, 2014

OUTCOME: negotiated plea after 4 hours of jury deliberations

In a case featuring some of the most graphic crime scene photos and forensic evidence ever introduced in a criminal trial, Williams was charged with three counts of Vehicular Manslaughter, Leaving the ... Scene of an Accident with Death, Fleeing and Eluding the Police and Fleeing the Scene of an Accident. The tragic circumstances of this case involving the death of three innocent peopled garnered much media attention. Williams was as unpopular a defendant as they come and he was vilified by the local media. The state introduced Williams’ taped confession and DNA evidence taken from the driver side airbag of the Chevy Van proving that Williams was the driver of the van. Police officers also testified that Williams ran a red light and led the police on a high speed car chase earlier that evening. Williams was a career criminal and faced a mandatory life sentence if convicted at trial. Despite the overwhelming evidence against Williams and the negative media attention, Brian Kirlew remained undaunted in his zealous representation of his client. Brian Kirlew challenged the State’s evidence and effectively cross-examined the witnesses called during the trial. After three hours of jury deliberations and question from the jury indicating that they may not have believed the confession, Brian Kirlew was able to negotiate a 20 year plea deal with the prosecutors and save Williams from life in prison had he been convicted.

Brian Andrew Kirlew's Legal Cases (16)

State of Florida v. Seay

State of Florida v. S.H.

State of Florida v. Young

State of Florida v. Marc

State of Florida v. Johnson

State of Florida v. Warren

State of Florida v. Washington

State of Florida v. Williams

State of Florida v. Torre

State of Florida v. Williams