Criminal Defense Attorney
Criminal Lawyer
in Miami, FL
Aggressive Criminal Defense in Miami-Dade County
✓ Free Consultation 24/7
✓ Miami-Dade Courts Experience
✓ Bilingual Attorneys
✓ Former Prosecutors
✓ Payment Plans Available
Criminal Defense Attorneys Miami, FL
Defending Clients Across Miami-Dade
Miami’s criminal courts are among the busiest and most complex in Florida. Cases at the Richard E. Gerstein Justice Building, the Miami-Dade County Courthouse, and the North, South, and West Miami-Dade branches move on fast dockets in front of prosecutors who see the same defense lawyers every day. Smith & Eulo knows those courtrooms — the judges, the ASAs, the pretrial diversion programs, and the local rules that determine how a case really moves. From South Beach nightlife arrests to federal drug indictments out of the Port of Miami, from tourist DUIs to homicide cases from Liberty City, our attorneys defend the full range of state and federal charges brought in Miami-Dade. We speak English, Spanish, and Creole — and we’re available 24/7.
What Happens Next in Miami-Dade
1. Arrest & Transport
Booking at TGK (Turner Guilford Knight), Metro West, or Pretrial Detention Center
2. Bond Hearing
First appearance before a Miami-Dade duty judge within 24 hours
3. Arraignment
Formal charges at the Gerstein or REGJB and entry of plea
4. Discovery & Depositions
Florida allows defense depositions — a powerful tool we use heavily in Miami cases
5. Motion Practice
Suppression, dismissal, and Stand Your Ground motions in Miami courts
6. Resolution or Trial
Dismissal, PTI, drug court, negotiated plea, or jury trial
How We Defend Miami Cases
Every Miami case gets a strategy tailored to the courtroom and the prosecutor:
Fourth Amendment Challenges
Illegal stops on the MacArthur, US-1, or in Wynwood produce suppressible evidence.
Depositions
Florida rule 3.220 allows depositions of the State’s witnesses — we use them to lock testimony and expose weaknesses.
Diversion & Drug Court
Miami-Dade offers PTI, drug court, mental health court, and veterans court — we push for admission where it protects clients.
Stand Your Ground
We file pretrial immunity motions in violent-crime cases where force was justified.
Immigration-Safe Pleas
In a majority-immigrant county, we structure resolutions to avoid deportation triggers under 8 U.S.C. § 1227.
Trial-Ready Preparation
Prosecutors treat prepared trial lawyers differently — we prepare every case as if it will be tried.
Florida Criminal Penalties
Second-Degree Misdemeanor
Up to 60 days jail | Up to $500 fine | Up to 6 months probation
First-Degree Misdemeanor
Up to 1 year jail | Up to $1,000 fine | Up to 1 year probation
Third-Degree Felony
Up to 5 years prison | Up to $5,000 fine | Loss of civil rights
Second-Degree Felony
Up to 15 years prison | Up to $10,000 fine
First-Degree Felony
Up to 30 years prison | Up to $10,000 fine
Life & Capital Felonies
Life in prison — capital felonies may carry the death penalty
Miami Criminal Charges We Handle
We defend the full range of state and federal charges brought in Miami-Dade County:
- DUI – South Beach, Brickell, and I-95 arrests
- Drug Crimes – Cocaine, cannabis, fentanyl — possession, sale, and trafficking
- Violent Crimes – Assault, battery, aggravated battery, robbery, homicide
- Domestic Violence – Miami-Dade domestic violence court, injunctions, and no-contact orders
- Theft & Property Crimes – Shoplifting at Aventura, Bal Harbour, Dolphin Mall; grand theft; burglary
- Sex Crimes – Discreet, sensitive defense in high-stakes cases
- White Collar & Federal Fraud – Wire, healthcare, and PPP fraud out of Southern District
- Weapons Charges – Firearm possession, felon-in-possession, 924(c)
- Federal Charges – S.D. Fla. drug trafficking, immigration, money laundering
- Probation Violations – VOP hearings and reinstatement in Miami-Dade
Miami-Dade Courthouses
Richard E. Gerstein Justice Building
1351 NW 12th St — Miami-Dade felony criminal division.
Miami-Dade County Courthouse
73 W Flagler St — civil, appeals, and select misdemeanor matters.
North & South Dade Justice Centers
Regional misdemeanor and traffic dockets in North Miami-Dade and Cutler Bay.
U.S. District Court (S.D. Fla.)
Wilkie D. Ferguson Jr. and C. Clyde Atkins federal courthouses in downtown Miami.
Miami-Dade Jails
Turner Guilford Knight (TGK)
7000 NW 41st St — primary intake for Miami-Dade arrests.
Metro West Detention Center
13850 NW 41st St — medium- and maximum-security housing.
Pretrial Detention Center
1321 NW 13th St — downtown pretrial housing near the courthouses.
Federal Detention Center Miami
33 NE 4th St — federal pretrial detainees in the Southern District.
Frequently Asked Questions
Invoke your right to remain silent and ask for an attorney immediately. Miami-Dade police often interview suspects at TGK before they see a judge — that is exactly when statements do the most damage. Call Smith & Eulo 24/7 and we will begin work on your case right away.
Yes. All Miami-Dade arrestees appear before a duty judge within 24 hours at the Pretrial Detention Center. That judge sets bond or, for serious charges, orders detention. Having an attorney at first appearance dramatically improves bond outcomes.
Yes, in most cases. Miami-Dade routinely offers pretrial diversion (PTI), drug court, mental health court, and veterans court for eligible defendants. Completion generally results in dismissal of the charges. We evaluate every case for a diversion path.
It can. Miami-Dade is majority-immigrant, and many charges — even misdemeanors — trigger immigration consequences under federal law. We structure resolutions to avoid deportation triggers whenever possible and coordinate with immigration counsel when needed.
Your Constitutional Rights
Right to Remain Silent
You never have to answer police questions. Politely invoke and ask for a lawyer.
Right to Counsel
Once you request an attorney, all questioning must stop.
Protection From Unlawful Search
MDPD, Miami PD, and Miami Beach PD need a warrant, consent, or a valid exception to search.
Right to Speedy Trial
Florida law generally requires trial within 90 days for misdemeanors and 175 days for felonies.
Presumption of Innocence
The State must prove every element beyond a reasonable doubt — you owe them nothing.
Areas We Serve
Downtown & Brickell
Downtown Miami, Brickell, Overtown, Wynwood.
Miami Beach & the Islands
South Beach, Mid-Beach, North Beach, Fisher Island, Star Island.
North Miami-Dade
North Miami, Aventura, Sunny Isles, Miami Gardens, Hialeah.
South Miami-Dade
Coral Gables, South Miami, Kendall, Palmetto Bay, Cutler Bay, Homestead.
West Miami-Dade
Doral, Sweetwater, Fontainebleau, West Kendall.
The Keys
Key Biscayne and Monroe County referrals available.
Meet Your Miami Defense Team
Criminal Defense Attorney
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Family Law Attorney
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What Our Clients Say
Why Choose Smith & Eulo in Miami?
Local Experience – Attorneys who practice in Miami-Dade courts every week
Bilingual & Trilingual – English, Spanish, and Creole representation
Former Prosecutors – We know how the Miami-Dade State Attorney builds cases
State & Federal Practice – Admitted in Florida state courts and S.D. Fla.
Available 24/7 – We answer nights, weekends, and holidays
Miami Case Results
Trafficking Dismissed – Illegal stop on I-95 led to full suppression
Felony Reduced to Withhold – Miami-Dade client kept civil rights and green card
Not Guilty at Trial – Aggravated battery jury acquittal at the Gerstein
PTI Completed – South Beach shoplifting case dismissed after diversion
Bond Reduced – Client released from TGK after successful bond hearing
Consequences Beyond Court
Immigration: Miami is majority-immigrant — convictions can trigger deportation or bar naturalization.
Employment: Convictions appear on background checks and cost job offers.
Professional Licenses: Miami-Dade nurses, teachers, realtors, and other licensees face disciplinary review.
Housing: Landlords in a competitive rental market routinely deny applicants with records.
Civil Rights: Felony convictions strip voting, firearm, and jury rights.
Sealing & Expungement in Miami-Dade
Even after the case is over, we help clients clean up their Miami-Dade records:
Sealing – Removes the case from public view; requires no adjudication.
Expungement – Physical destruction of the record; available when charges were dropped.
FDLE Certificate – We handle the eligibility application with the Florida Department of Law Enforcement.
Court Petition – We file and appear at the Gerstein for the sealing or expungement order.
Confirmation – We verify the record has been sealed with agencies statewide.
Complete Miami Criminal Defense FAQ
Most felonies are heard at the Richard E. Gerstein Justice Building on NW 12th Street. Misdemeanors are often heard at the North and South Dade Justice Centers or at Gerstein depending on where the arrest occurred. Federal cases are heard at the Wilkie D. Ferguson Jr. Courthouse downtown.
Bonds are set from a Miami-Dade bond schedule for most charges, then modified at first appearance based on the facts, criminal history, ties to the community, and flight risk. We fight for ROR, GPS monitoring, or reduced cash bonds at first appearance.
Sometimes — but only when the evidence supports it or the deal is exceptional. Miami-Dade prosecutors often improve offers as the case develops through depositions and motion practice. We advise based on the specific evidence, not a formula.
Miami-Dade Drug Court is a diversion program for eligible non-violent drug defendants. Completion — typically 12 to 18 months of treatment, testing, and status hearings — results in dismissal. We evaluate every eligible client and advocate for admission.
Yes. Miami-Dade prosecutors can decline to file (“no info”), dismiss after review, or agree to diversion. Defense motions to suppress or dismiss can end cases before trial. Early defense involvement often prevents charges from being formally filed at all.
Misdemeanors often resolve in 3-6 months; felonies take 6-18 months depending on complexity. Homicide and complex federal cases can run 1-2+ years. We move cases efficiently without sacrificing outcome.
Immigration consequences are massive in Miami. A conviction — even a misdemeanor — can trigger deportation or bar naturalization. We structure plea agreements to avoid immigration triggers and coordinate with immigration counsel when needed.
Yes. Our attorneys are admitted in the U.S. District Court for the Southern District of Florida and handle federal drug trafficking, wire fraud, healthcare fraud, immigration, and firearms cases in Miami federal court.
Yes, if you meet FDLE eligibility criteria (no prior sealings or disqualifying convictions). We handle the certificate-of-eligibility application, court petition, and follow-up with agencies. Most Miami-Dade seals take 6-9 months.
Fees depend on charge severity and complexity. Smith & Eulo offers free consultations and flexible payment plans. The long-term cost of a conviction — lost jobs, immigration consequences, higher insurance — almost always exceeds legal fees.
Contact Our Miami Office Today
If you or a loved one has been arrested in Miami-Dade, call us right away. Available 24/7, free consultation, and payment plans available.
What To Do Right Now
Don’t talk to police. Invoke your right to remain silent and ask for a lawyer.
Note the details. Write down the arresting officers, badge numbers, and location.
Preserve evidence. Save texts, videos, receipts, and witness contact info.
Stay off social media. Miami-Dade prosecutors review defendants’ accounts.
Call us now. First appearance happens within 24 hours — counsel there matters.
Related Miami Practice Areas
DUI Defense Miami – South Beach, Brickell, and I-95 DUI defense
Drug Crimes Miami – Possession, sale, and trafficking
Federal Criminal Miami – S.D. Fla. federal court defense
Domestic Violence Miami – Battery, injunctions, no-contact orders
Juvenile Defense Miami – Juvenile court representation
