Best Criminal Defense Attorneys in Miami Beach

FAQs

• What is the non-emergency contact number for the local police station in Miami Beach, Florida?

  The non-emergency phone number of the Miami Beach Police Department is 305-673-7900.

• Where can I get a copy of police reports for incidents related to my case in Miami Beach, Florida?

  You may request a copy of a Miami Beach police report online at https://miamibeachfl.justfoia.com/publicportal/home/newrequest. You may also call the Police Records Unit at 305-673-7990 should you need assistance.

• What are alternatives to going to jail for juvenile offenders in Miami Beach?

  Young offenders in Miami Beach usually receive more lenient sentences and are given a second chance through juvenile diversion programs. These programs are designed to give juveniles an opportunity to seal their records, provided that they complete certain sanctions and complete the program. Potential sanctions include taking seminars related to drugs and alcohol, as well as getting involved in community service. Juvenile offenders may also be ordered to write letters of apology to the victims of their crimes.

• Do you still need a lawyer for minor misdemeanor charges in Miami Beach?

  Even if you think that the charges you are facing in Miami Beach are “minor,” it would still be wise of you to enlist the help of an experienced criminal defense attorney to handle your case. Having a lawyer on your side always makes for a better outcome, no matter how small the offense may seem. A lawyer also protects your rights from prosecution.

• Is the death penalty imposed in Miami Beach?

  Capital punishment, also known as the “death penalty,” is allowed in the state of Florida, covering Miami Beach. However, it is only available for certain crimes, such as very specific types of murder and treason under federal law. Ultimately, before the death penalty can be imposed on an offender in Miami Beach, they must first be found guilty of a crime for which capital punishment is available.

• What will happen if you’re not a U.S. citizen and you were convicted of a crime in Miami Beach?

  The Immigration and Naturalization Service may bring removal proceedings against you if you were convicted of a crime in Miami Beach and you’re not a U.S. citizen. This means forced deportation to your country of citizenship may be a certainty. If you’re faced with this situation, it is critically important that you are represented by a criminal defense attorney, who is knowledgeable about the potential immigration consequences of a criminal conviction.

• If you’re cleared of the crime, will it still go on your record in Miami Beach?

  Depending on the crime you allegedly committed in Miami Beach, the trial may still remain in your records, whether the court declared you guilty or not. A criminal defense attorney can help you with clearing your record through expungement or the removal of charges and convictions from a criminal record. If your record can’t be completely expunged, you may opt for record sealing, which protects your case from being used against you in various circumstances.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.