Criminal Defense – State

The firm offers aggressive and skilled representation to individuals accused of Felony and Misdemeanor criminal offenses in Miami-Dade and Broward Counties.  If you have been arrested on any Felony or Misdemeanor charge contact us for a FREE no obligation consultation.

305-567-2499

We will look for ways to achieve dismissal of your Felony and/or Misdemeanor charges or seek alternative resolutions that will achieve a dismissal and protect your eligibility to seal or expunge your record.

We understand the importance of keeping your record clear of any Felony or Misdemeanor convictions.  Today even a withhold of adjudication can seriously affect your reputation and ability to maintain or secure future employment.

CLASSES OF OFFENSES

Felony – Any criminal offense punishable by death or incarceration in a state correctional facility for a period exceeding one year.

Misdemeanor – Any criminal offense punishable by incarceration in a county correctional facility for a period not in excess of one year.  Violations of county or municipal ordinances, even if punishable by incarceration in a county facility, are not considered misdemeanors.

There are two main classifications of misdemeanor charges:

  1. Second Degree Misdemeanor – punishable by up to 60 days in county jail.
  2. First Degree Misdemeanor – punishable by up to 364 days in jail.

Many misdemeanor cases may be eligible for diversionary programs such as the Pretrial Diversion Program or Drug Court which will result in dismissal upon successful completion. If these options are not available, we will look for other ways to achieve dismissal of the charges. Other alternatives may include the payment of minimal court costs or probation. We will always seek to avoid a conviction being placed on our client’s record (referred to as a “withholding of adjudication”) and look for ways to protect your eligibility to seal or expunge your record.

In a large number of misdemeanor cases, we will be able to attend Court for you without you having to appear.

  • Driving Under the Influence (DUI)
  • Drug Possession
  • Possession Cannabis
  • Petit Theft
  • Shoplifting
  • Assault
  • Battery
  • Domestic Violence
  • Violation of Restraining Orders
  • Solicitation for Prostitution
  • Resisting Arrest
  • Trespass
  • Disorderly Conduct
  • Disorderly Intoxication
  • Bad Checks
  • Violations of Probation
  • Carrying a Concealed Weapon
  • Criminal Mischief

Noncriminal Violations – Only felonies and misdemeanors are considered “crimes” under Florida law.  Noncriminal violations are offenses punishable by no more than a fine, forfeiture, or other civil penalty.

Traffic Infractions – Generally they are noncriminal violations.  However, some traffic violations, such as Driving Under the Influence (DUI) and Driving While License Suspended (DWLS) are “criminal traffic offenses and may be classified as misdemeanors or felonies.

RIGHT TO COUNSEL

The U.S. Supreme Court has ordered the states to provide counsel to indigent defendants where conviction is punishable by incarceration.

Indigent is a person who is unable to pay for the services of an attorney, including costs of investigation, without substantial hardship to himself or to his family. The State may avoid providing representation when:

  1. The violation is not punishable by incarceration; or
  2. The crime is a misdemeanor or ordinance violation and the judge files a written statement prior to trial that a conviction will not result in imprisonment.

 

Call (305) 567-2499 for a FREE no obligation consultation.