Best Criminal Defense Attorneys in Miami Gardens

FAQs

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

  Reach out to the Miami Gardens Police Department at 305-474-MGPD (6473) for non-emergencies.

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

  Obtain police reports personally at the Miami Gardens Police Department Records Unit which is at 18611 NW 27 Avenue in the metro. Office hours are from Mondays to Fridays from 8:30 AM to 4:00 PM. Reports are available within 7-10 business days following the incident date. Contact the police department at 305-474-6473.

• Where are teen courts held for juvenile justice cases in Miami Gardens?

  Teen Courts are held in different locations throughout Miami-Dade County on various days of the week. One of these locations is in the Miami Gardens City Hall Council Chambers located at 18605 NW 27 Ave in the metro. Additionally, teen courts are held at the Richard E. Gerstein Building, South Dade Government Center, and North Dade Justice Center in Miami.

• When can a DUI case in Miami Gardens become a felony charge?

  Generally, any drinking and driving incident that results in bodily injury or the death of another person results in felony charges. Additionally, a current DUI case in Miami Gardens may become a felony charge depending on the number of previous DUI convictions a person has. Felony DUIs could result in severe consequences such as prison terms and hefty fines.

• What situations constitute tax fraud in Miami Gardens?

  Situations such as evading or filing false tax returns filings and willful collection of employee tax fall under tax fraud charges in Miami Gardens. Additionally, not paying the correct tax amount to the proper government agency can result in tax-related charges. If found guilty of these charges, the offender could pay $100,000 in fines or face five years of incarceration.

• Is capital punishment allowed in Miami Gardens and elsewhere in the state?

  Yes. Capital punishment is allowed in Miami Gardens and elsewhere in the state. Certain kinds of murder carry the death penalty under state law as well as treason under federal law with a jury determining the sentence. The governor has the authority to grant clemency upon recommendation of the Board of Executive Clemency. The location of the execution is at the Florida State Prison in Raiford.

• Can a person be detained by the police in Miami Gardens without being arrested?

  A person can be detained for a period of time without being arrested by the police in Miami Gardens. However, if such persons are to be moved to another location, they must be placed under arrest as required by the law. Should these persons agree to go with the officers willingly, an arrest will not be required because being detained usually means they are minimally under suspicion for a crime that is under investigation.

• 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.