1. Jeffrey S. Weiner, P.A.
Focus Area: State, federal, and international criminal defense with 50+ years experience
Practice Areas: Federal crimes, state crimes, white-collar crimes, drug crimes, sex crimes, violent crimes, international criminal defense
Background: For over 50 years, the Miami criminal defense lawyers at Jeffrey S. Weiner, P.A. have zealously defended individuals accused of federal and state crimes. Jeff Weiner is a former president of the National Association of Criminal Defense Lawyers and the Florida Association of Criminal Defense Lawyers. He is a Board-Certified Criminal Trial Lawyer who has argued trials and appeals throughout the nation in over 25 states, before the United States Supreme Court, the Florida Supreme Court, and numerous state and federal courts of appeal. Jeff lectures regularly on criminal law related topics and legal ethics at law schools and legal seminars around the country. The office is available 24 hours a day, 7 days a week.
Location: Miami, Florida
Contact: (305) 670-9919 | https://www.jeffweiner.com/
Consultation: Free consultation available 24/7
2. Lehr Levi & Mendez, P.A.
Focus Area: Criminal defense with former state and federal prosecutors and “AV” rating
Practice Areas: White-collar crimes, securities fraud, mortgage fraud, health fraud, drug trafficking, violent offenses, DUI, asset forfeiture
Background: Lehr Levi & Mendez, P.A. has been “AV” rated (the highest rating for both ethics and legal ability) since 1993. With over 65 years of collective experience, the lawyers have tried more than 360 cases, winning some of South Florida’s most well-known legal matters. Attorney Bruce H. Lehr, as a federal prosecutor, was lead counsel on some of South Florida’s most sophisticated and highly publicized white-collar cases and has been recognized by the Miami Daily Business Review with the “Most Effective Lawyer in South Florida Award” in the Criminal Law category. Attorney Sherleen M. Mendez has been litigating complex cases in both state and federal courts for over a decade.
Location: Miami, Florida (serves clients throughout Florida and nationwide)
Contact: (305) 377-1777 | https://www.lehrlevimendez.com/
Consultation: Available for consultation
3. Law Office of Michael Mirer, P.A.
Focus Area: Criminal defense with former Miami-Dade prosecutor background
Practice Areas: DUI, drug offenses, violent crimes, juvenile offenses, misdemeanors, felonies, federal crimes
Background: Criminal Attorney Michael Mirer is a former Miami-Dade Prosecutor with over 20 years of experience as a trial attorney. Along with a knowledgeable legal team, Attorney Mirer provides aggressive criminal defense representation. The firm is well-versed in Florida criminal defense law and uses extensive experience and knowledge to develop personalized strategies for each case. They handle virtually every type of criminal offense in State, Federal, or Juvenile Court. The firm is available 24/7 and uses all knowledge and resources to protect clients’ constitutional rights and interests to the fullest extent of the law.
Location: Miami, Florida
Contact: (800) 798-0243 | https://www.mirerlaw.com/
Consultation: Free, no-cost consultation available 24/7
4. Law Office of Armando J. Hernandez, P.A.
Focus Area: Criminal defense with America’s Top 100 Criminal Defense Lawyers recognition
Practice Areas: Federal crimes, DUI, sex crimes, drug crimes, violent crimes, theft, assault
Background: Miami Attorney Armando Hernandez has been chosen as one of America’s Top 100 Criminal Defense Lawyers, an elite assemblage of the highest quality criminal defense lawyers in Florida. This list makes up less than one-half percent (0.5%) of criminal defense lawyers currently practicing in the US. Over the past decade and a half, the criminal defense law firm has successfully helped countless individuals with their criminal defense needs. As a boutique criminal law firm in Miami, the attorneys are able to dedicate 100% of efforts, resources, and time to each client. Notable dismissals include Attempted First Degree Murder with a Firearm, Sexual Battery on a Minor under the age of 12, and Attempted Felony Murder Armed Robbery Firearm.
Location: Miami, Florida (serves Miami-Dade County)
Contact: (305) 400-0074 | https://www.armandohernandezlaw.com/
Consultation: Available for consultation
5. Hubbs Law, P.A.
Focus Area: Criminal defense with dual focus on criminal and immigration consequences
Practice Areas: DUI, drug offenses, domestic violence, theft, assault, sex crimes, federal crimes, immigration-related criminal defense
Background: At Hubbs Law, P.A., the firm addresses the dual challenges of criminal defense and immigration law, ensuring comprehensive support in navigating these complexities. Understanding how specific crimes impact immigration status is crucial for non-citizen defendants. The attorneys are adept at evaluating criminal charges in the context of immigration laws, advising on potential risks, and employing strategies that align with both criminal defense and immigration outcomes. The Miami criminal defense attorney has extensive trial experience and has handled dozens of trial cases. The firm is committed to protecting clients’ legal rights and providing due process in the Miami-Dade criminal justice system.
Location: Miami, Florida (serves Miami-Dade County)
Contact: (305) 570-4802 | https://www.hubbslawfirm.com/
Consultation: Free case review available
Criminal Defense Laws in Florida
Felony Classifications
Florida classifies felonies into five degrees:
Capital Felony: First-degree murder and certain drug trafficking offenses. Penalty is death or life imprisonment without parole.
Life Felony: Includes sexual battery on a child under 12, kidnapping, and certain drug trafficking. Penalty is life imprisonment or imprisonment for a term of years not exceeding life with $15,000 fine.
First-Degree Felony: Includes aggravated battery, burglary with assault, carjacking, and arson. Penalty is up to 30 years imprisonment and $10,000 fine. Punishable by Life (PBL) first-degree felonies can result in life imprisonment.
Second-Degree Felony: Includes aggravated assault, robbery, sale of controlled substance, and burglary of unoccupied dwelling. Penalty is up to 15 years imprisonment and $10,000 fine.
Third-Degree Felony: Includes grand theft over $750, possession of controlled substance, battery on law enforcement officer, and fleeing police. Penalty is up to 5 years imprisonment and $5,000 fine.
Misdemeanor Classifications
First-Degree Misdemeanor: Includes DUI (first offense), petit theft (second offense), battery, and possession of marijuana (under 20 grams). Maximum penalty of 1 year in jail and $1,000 fine.
Second-Degree Misdemeanor: Includes petit theft (first offense), disorderly conduct, trespass, and loitering. Maximum penalty of 60 days in jail and $500 fine.
Record Sealing and Expungement
Florida distinguishes between sealing and expungement:
Sealing: The record is not destroyed but is hidden from public view. Law enforcement and certain agencies can still access sealed records. Generally available for charges that resulted in withhold of adjudication.
Expungement: The record is physically destroyed. More restrictive eligibility than sealing. Generally available for charges that were dismissed, resulted in acquittal, or were not filed.
Eligibility Requirements: Generally, you can only seal or expunge one arrest record in your lifetime. You must not have been adjudicated guilty of any criminal offense. Certain offenses (like sex crimes, violent crimes, and drug trafficking) are not eligible for sealing or expungement.
Waiting Period: You must wait 10 years after completion of sentence to petition for sealing of a withhold of adjudication.
DUI Laws
Florida DUI applies to driving with BAC of .08% or higher (.04% commercial, .02% under 21). First offense carries up to 6 months jail (9 months if BAC over .15% or minor in vehicle), $500-$1,000 fine ($1,000-$2,000 if BAC over .15%), 180 days to 1 year license revocation, and 50 hours community service. Second offense within 5 years carries mandatory 10 days jail, up to 9 months jail, and 5-year license revocation. Third offense within 10 years is a third-degree felony. Florida has implied consent; refusal results in 1-year suspension (first) or 18 months (subsequent).
Frequently Asked Questions
What is the difference between adjudication withheld and adjudication of guilt in Florida?
In Florida, when you plead guilty or no contest, or are found guilty at trial, the judge has two options: adjudicate you guilty (enter a conviction) or withhold adjudication. If adjudication is withheld, you are not formally convicted, even though you were found guilty. This is significant because: you can truthfully say you have not been “convicted” of that offense on most job applications; you may be eligible to have the record sealed (after waiting period); you retain civil rights such as voting and firearm possession (for most offenses); and you may avoid certain licensing consequences. However, a withhold is not a dismissal. The arrest and case remain on your record unless sealed. For immigration purposes, a withhold may still be treated as a conviction. A Florida criminal defense attorney can negotiate for a withhold of adjudication where possible and explain its implications for your specific situation.
What is Florida’s 10-20-Life law?
Florida’s 10-20-Life law (Section 775.087) imposes mandatory minimum sentences for certain felonies committed with firearms: If you possess a firearm during the commission of certain felonies, you face a mandatory minimum of 10 years in prison. If you discharge a firearm during the commission of certain felonies, you face a mandatory minimum of 20 years in prison. If you discharge a firearm and cause great bodily harm or death during certain felonies, you face a mandatory minimum of 25 years to life in prison. These mandatory minimums cannot be reduced by gain time, and judges cannot depart below them except in limited circumstances. The qualifying felonies include murder, sexual battery, robbery, burglary, arson, aggravated assault, aggravated battery, kidnapping, home invasion, and drug trafficking. A Miami criminal defense attorney can evaluate whether 10-20-Life applies to your case and explore defenses or exceptions.
What happens at a first appearance hearing in Miami-Dade County?
After arrest in Miami-Dade County, you will appear before a judge within 24 hours for a first appearance hearing (also called bond hearing or advisory hearing). At this hearing, the judge will inform you of the charges, advise you of your rights (including the right to an attorney), and set bond conditions. The judge considers factors including the nature of the charges, your criminal history, ties to the community, flight risk, and danger to the community. Possible outcomes include: release on your own recognizance (ROR), release on bond with conditions (such as no contact orders, GPS monitoring, curfew), or being held without bond (for certain serious offenses or probation violations). Having a Miami criminal defense attorney present at your first appearance can significantly impact the bond decision and conditions set.
What are the consequences of a drug conviction for my driver’s license in Florida?
In Florida, drug convictions trigger automatic driver’s license suspension under Section 322.055, even if driving was not involved in the offense. For any drug conviction (possession, sale, trafficking), your license is revoked for 2 years for the first offense. Second offense results in 5-year revocation, and subsequent offenses result in permanent revocation. You may be eligible for a hardship license after 1 year. This administrative suspension is separate from any suspension ordered as part of your criminal sentence. The only way to avoid this automatic suspension is to have the charges dismissed, be acquitted, or successfully complete a court-ordered drug treatment program (for first-time possession offenses under certain circumstances). A Miami drug crimes attorney can explore options to avoid conviction or qualify for treatment-based alternatives that protect your license.
What is the Arthur Hearing process for defendants held without bond in Florida?
In Florida, defendants charged with capital felonies or life felonies are initially held without bond. An Arthur Hearing (named after the case State v. Arthur) allows defendants to request pretrial release by presenting evidence that “proof is not evident and presumption is not great” that they committed the charged offense. This hearing essentially functions as a mini-trial where: the defendant bears the burden of proof; the defense can call witnesses and present evidence; the prosecution presents its evidence; and the judge evaluates whether the state’s case is strong enough to justify continued pretrial detention. If the defense successfully meets its burden, the judge may set a bond. Arthur Hearings are complex proceedings that require skilled criminal defense representation. A Miami criminal defense attorney experienced in Arthur Hearings can evaluate whether this strategy is appropriate for your case.