Best Criminal Defense Attorneys in Miami

FAQs

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

  Call 305-4-POLICE (305-476-5423) for non-emergencies in the Miami-Dade area.

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

  To obtain a police report from the Miami-Dade Police Department, you can visit in person from Monday through Friday, 8 AM to 5 PM. Make an appointment by clicking the link at https://www.miamidade.gov/311direct/#/mdpdcra.

  The police department's address is at: 9105 NW 25th Street Doral, FL 33172

• Why is it important to have a criminal defense attorney when facing probation violation cases in Miami?

  Probation violations in Miami move rapidly through the justice system because the offender no longer has access to bond or a jury and can face immediate arrest. Failure to report to a probation officer or perform community service is immediately considered an infraction, and proving that you did not mean to fail in your responsibility may need the aid of an attorney.

• How can a criminal defense attorney help a juvenile delinquent in Miami?

  Juvenile criminals in Miami may suffer consequences that are too harsh for their age. Having an attorney by your side fighting for the minor's rights may help in keeping them from spending jail time and going, instead, to special programs designed to rehabilitate. This attorney can also help ensure that the mistakes the minor made will not impact their future.

• Can a criminal defense attorney in Miami help with the expungement of records?

  Yes, it is possible as long as the client qualifies for the state program. Charges that were also dismissed before trial can be expunged immediately. There are, however, some cases where expungement of records is not allowed. These include aggravated assault or battery, child abuse, illegal use of explosives and arson, and sexual activity with a child less than 18 years of age.

• Is there a difference between getting a private criminal defense attorney and just accepting an assigned public defender in Miami?

  The difference is huge. Public defenders, while aiming to do their best with every client, are often overworked because of the high caseloads they have to juggle. Additionally, they are assigned clients regularly. This means that track records are made irrelevant with them. Private attorneys, while expensive, can focus on your case. You also get to choose the one according to their specialty and track record of success in handling a case like yours.

• When is a crime committed in Miami considered a federal offense?

  The most common reason a crime falls under federal jurisdiction is if it crosses state lines. For example, it is a federal crime to steal a car and drive it from Miami, Florida, to the nearby state of Georgia. Other examples would be robbing a federally-insured bank in Miami or entering Florida illegally. It can also depend on the seriousness of the crime, such as money laundering involving huge sums of cash.

• 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.