HOW A SKILLED CRIMINAL DEFENSE ATTORNEY CAN MAKE A DIFFERENCE
Oleg Fastovsky frequently receives referrals from other attorneys, former clients, or when a complex criminal case calls for specific expertise. Mr. Fastovsky has defended numerous clients in state and federal courts and in highly controversial and publicized cases. Here are just some examples of the cases and results obtained:
Montgomery County Man was facing 18 years incarceration on a violation of probation. After pleading guilty, Client was sentenced to 20 years incarceration, with all but 2 suspended, meaning that if the client violated during his 5-year probation, he faced up to 18 years additional incarceration. Thereafter, client was charged and convicted of new offenses occurring after he was sentenced. After multiple hearings and postponements, the Prosecutor and even client's probation agent were asking the judge to impose the full 18 years of backup time the client was facing. Oleg Fastovsky, who was not involved in either the original underlying case or the case that caused the violation, uncovered and argued a flaw in the judge's original sentence years earlier. Judge agreed that Mr. Fastovsky was correct, going so far as to tell client that "he was the luckiets man in the world" that day. Violation of Probation was dismissed in its entirety.
25-Year-Old Baltimore Man charged with assault. Two long-time friends and roommates were arguing and engaged in a physical altercation. Oleg Fastovsky represented the roommate who threw the first punch and injured the other. Due to his prior criminal record, which included assaults, prosecutor was insisting on incarceration. A 2-day jury trial ensued, in which multiple witnesses testified on behalf of the victim Following intense cross-examination of the victim and presenting the jury with a powerful and persuasive theory, jury deliberated less than an hour before returning a unainmous verdict of Not Guilty. The jury was so convinced of client's innocense that a few jurors waited for client to exit the courtroom to express their sympathies to him.
College Student Faced Numerous Counts of theft. Frostburg college student and former football player was charged with stealing cell phones from the football team's locker room. Video surveillance captured client entering and exiting the locker room at the precise time the cell phones disappeared. Police entered client's room, where he was interrogated and at which point the officers found numerous cell phones not belonging to client (and later were determined to belong to football players). Client was arrested and charged. At trial, Attorney Fastovsky challenged the illegal inerrogation, entry and subsequent search of the room by police. After substantial argument, judge agreed with the defense that the police activity was unlawful. Result: Not Guilty on all counts.
Howard County Man Charged with Fleeing and Eluding and Driving 172 MPH. Late one night in Howard County, Bartender drove home in his new sports car and was clocked traveling at 172 mph. Police chased client for miles before apprehending him as he was arriving home. Client arrested and charged with numerous traffic citations, including fleeing and eluding. Prosecutors originally were seeking jail time. However, Mr. Fastovsky argued that in order to be fleeing police, client had to have known police were trying to stop him and that client was going to fast for him to have affirmatively seen all the police chasing after him. Result: All criminal charges dropped and client walked away with a single payable traffic citation.
Baltimore Woman Charged with DUI. Client was stopped by side of the road and checking her GPS. Police stopped by to perform a "wellness check" and smelled odor of alcohol. After performing the field sobriety tests, client was arrested and taken back to police station. She blew a .11 on the intoximeter and was charged with DUI/DWI. Although prosecutors offered a Probation Before Judgment (PBJ), which would have avoided points on her driving record and would not have been a conviction or given her criminal record, Mr. Fastovsky persuaded the client to refuse of offer and took the matter to trial. After an extensive trial and considerable argument in which Mr. Fastovsky argued that the police officer did not have probable cause to arrest his client, judge agreed with Mr. Fastovsky and suppressed all evidence, including the .11 breath test. Result: Not Guilty on all counts.
Eastern Shore Man Charged with Felony Child Abuse. Client was accused of causing severe head injuries to the toddler of his ex-girlfriend. Client was firm and unwavering in his innocence and an 8-day jury trial ensued. Halfway through the trial, prosecutors, who initially were seeking multiple years incarceration, saw their case falling apart and agreed to resolve the case in a manner that would allow client to exit the courtroom a free man, with no criminal record or convictions, and eligible for an early good-cause expungement of all charges filed against him in the matter.
Baltimore Sex Offender Arrested. Client was convicted nearly a decade earlier on a minor sex offense charge that required him to register as a sex offender for 10 years. Nearing the end of his registration, agents conducted a home visit while client was at work. A new tenant in the structure advised that he did not know client and could not verify he lived there. Agents thereafter had client arrested and held without bond while he awaited trial, which could have taken months. Mr. Fastovsky immediately filed a Habeas Corpus petition and argued with the State that the client was innocent and was being held unjustly. After presenting evidence and argument, the State agreed to dismiss all charges and have client released immediately.
Woman Faced Perjury Charges and Deportation. Woman from India charged with Perjury and faced deportation if found guilty. After being convicted in the District Court and sentenced to incarceration (and deportation), Mr. Fastovsky was asked to handle the appeal and take the case before a jury. At trial, Mr. Fastovsky artfully cross-examined the State's witnesses and presented a powerful theory of the case in which the jury returned a unanimous verdict of Not Guilty after a short deliberation.