Case Results

(July 2024 – Firm Matter No. 00141)    

Searle Law P.A. won a not guilty verdict in a federal criminal case in U.S. District Court in Orlando, Florida. The client was accused of a lewd and lascivious act involving a minor victim, which allegedly occurred on federal property. The case was investigated by the FBI and the National Park Service Law Enforcement Rangers. At trial, Andrew Searle vigorously defended his client and pointed out several of the errors and flaws that took place during law enforcement’s investigation. The case was also defended by filing several pretrial motions, which limited the incriminating evidence that the government could introduce at trial.  The jury only deliberated for a little over an hour before returning a verdict of not guilty. After the trial, the client was immediately released from pretrial detention and returned home to his loving family. An extremely low percentage (0.4%) of all defendants nationwide are acquitted in federal court after trial. Andrew Searle’s substantial federal criminal experience was brought to bear to achieve this extraordinary result on behalf of his client.

(August 2023 – Firm Matter No. 00090)    

Searle Law P.A. served as defense counsel for a Federal Bureau of Prisons (BOP) warden who was sued, along with several other corrections officers, by the survivors of an inmate who died while serving a prison sentence. Specifically, the warden and the other corrections officers were accused of violating the inmate’s constitutional rights, thereby causing his death. The lawsuit was filed as a constitutional-tort claim seeking damages pursuant to Bivens v. Six Unknown Names Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1972). Andrew Searle filed a thoroughly researched motion to dismiss the lawsuit on legal grounds. After reviewing the motion to dismiss and the plaintiff’s response, the U.S. District Court dismissed the lawsuit against the warden. Later, an appeal by the plaintiff was also voluntarily dismissed. Andrew Searle has significant federal experience, including handling discrete civil matters such as lawsuits and appeals involving federal tort claims and civil rights violations. He is always available to consult or co-counsel in these types of matters.  

(November 2021 – Firm Matter No. 00059) Searle Law P.A. served as defense counsel in a federal drug trafficking case, in which the client was originally facing a minimum of 10 years imprisonment and a maximum sentence of life imprisonment. As a result of strategic plea negotiations and zealous advocacy at sentencing, Searle Law P.A. secured a 3-year sentence on behalf of this client. In federal drug cases, there are exceptions to the mandatory minimum sentencing laws. Two of these exceptions applied in this case, and Searle Law P.A. was able to help this client avoid spending at least a decade of his life in federal prison. 

If you are charged with a federal drug crime, it is vitally important that you hire an attorney who has experience in federal criminal law. An attorney who is unfamiliar with federal sentencing may not understand that a mandatory minimum sentence is not required if one or more of the exceptions to the mandatory minimum drug laws applies. Andrew Searle is experienced in federal trials and sentencing, and is available to assist you in seeking the lowest possible sentence in your federal drug case. 

 (June/September 2021 – Firm Matter No. 00045) Searle Law P.A. had the pleasure of representing a young man who was arrested for felony drug possession. After Andrew Searle filed his notice of appearance with the Court, he immediately contacted the State Attorney’s Office to discuss the early resolution of the client’s case. Ultimately, the State Attorney determined that the case was not suitable for prosecution and dismissed the charges. Once the case was dismissed in Court, Searle Law P.A. represented the client at a college disciplinary proceeding related to the prior arrest. This disciplinary proceeding was also resolved favorably, and the firm’s client was permitted to remain a student at his university. 

(July 2021 – Firm Matter No. 00057)  

Searle Law P.A.’s client was arrested for felony domestic child abuse by local law enforcement. After Andrew Searle filed his notice of appearance with the Court, he commenced a thorough investigation of the allegations, and determined that there was insufficient evidence to prove the arrest charge beyond a reasonable doubt. Andrew was prepared to defend his client all the way to trial if necessary. Fortunately, the State Attorney’s Office reached the same conclusion as Andrew, and announced that they would not continue the prosecution of this case due to the insufficiency of the evidence. Once the case was dismissed, Andrew successfully petitioned the Court to expunge his client’s arrest record. Thus, Searle Law P.A.’s client was able to avoid a criminal conviction and her record has been wiped clean as a result of the expungement. 

(May 2021 - Firm Matter No. 00027) Searle Law P.A. had the pleasure of defending individuals and a business entity in a federal civil RICO lawsuit that was filed in the Southern District of New York.  The financial stakes in this lawsuit were significant, as the federal civil RICO statute permits a plaintiff to seek treble damages (three times the damages sustained by the plaintiff), plus the cost of the lawsuit, including attorney’s fees. Searle Law P.A. filed a thorough and well-researched motion to dismiss the lawsuit, as well as other motions opposing the plaintiff’s request to conduct premature discovery.   After Searle Law P.A. filed its motions, the plaintiff elected to dismiss the lawsuit.

(September 2020 - Firm Matter No. 00015) Searle Law P.A. had the pleasure of serving as co-counsel in an extradition proceeding, wherein a foreign prosecutor had accused our client of some very serious crimes that allegedly occurred overseas. Based on an extradition request from a foreign country, the Department of Justice obtained a provisional arrest warrant for our client who had been detained at a local jail since June. Opposing extradition in a situation like this can be a monumental challenge, as the statutes and the body of case law that has developed in this area weighs heavily in favor of the federal government and the foreign country seeking the extradition. However, U.S. courts still play a critical gatekeeping function in extradition matters. Specifically, a domestic court must find the following elements in order to extradite a person from the United States to another country to answer to foreign criminal charges: (1) the court has authority to conduct the extradition proceedings; (2) the court has jurisdiction over the person to be extradited; (3) the existence and validity of an extradition treaty between the United States and the foreign country seeking extradition; (4) whether the charged crime is extraditable under the extradition treaty; and (5) whether probable cause exists to believe that the accused is guilty of the charge. 

Here, Searle Law P.A. and co-counsel argued vigorously at the extradition hearing that there was insufficient evidence to establish that our client committed the offenses for which extradition was sought. On Friday, September 18, 2020, the Court entered an order, ruling in favor of our client. Specifically, the Court found that the United States had failed to show probable cause to believe that our client committed the extraditable offenses in the foreign country. The Court also denied the request for extradition and ordered the immediate release of our client from custody. This case is an important reminder that probable cause is not a toothless standard. Foreign governments must produce evidence that would “cause a person of ordinary prudence and caution to conscientiously entertain a reasonable belief of the guilt of the accused” before they can seek to extradite a United States citizen. See United States v. Fernandez-Morris, 99 F. Supp. 2d 1358, 1365 (S.D. Fla. 1999) (citing Coleman v. Burnett, 477 F.2d 1187, 1202 (D.C. Cir. 1973)).

(August 2020 - Firm Matter No. 00006)

Searle Law P.A.'s client was arrested and charged in state court with domestic battery, a charge that carried significant consequences for the client, including possible jail time.   Andrew thoroughly investigated and litigated the case,  and was able to convince the State Attorney's Office to dismiss the case before trial.