Defend Your Rights Against DUI, Domestic Violence & Criminal Charges

Miami Criminal Defense Attorney: Individualized Representation for Serious Charges

A criminal charge in Miami can carry serious penalties—mandatory minimum sentences, collateral consequences that follow you for years, and the threat of federal prosecution.

We understand the stakes, the local landscape, and the defense strategies that work.

Criminal Defense in Miami: What You Need to Know

Patrick Wilson Law defends people across South Florida against DUI, domestic violence, sexual battery, vehicular homicide, white collar, and other serious charges. Many of these offenses are governed by the Florida Statutes, and prosecutors in Miami-Dade and Broward County pursue them in circuit court. Some matters—such as certain white collar offenses—can also draw the attention of federal agencies operating throughout South Florida.

Why does criminal defense require focused representation? Because the law is complex, the penalties are severe, and the procedural rules differ sharply between state and federal court. Each charge carries its own elements, evidentiary questions, and potential defenses. Federal cases operate under different sentencing guidelines, often resulting in sentences far longer than state prosecutions for comparable conduct.

State vs. Federal Prosecutions

State charges are prosecuted in Miami-Dade or Broward County circuit court under Florida law. Certain federal charges are prosecuted in the U.S. District Court for the Southern District of Florida and are subject to federal sentencing guidelines. Federal cases can involve interstate conduct or conspiracy allegations. The consequences are steeper: federal mandatory minimums often exceed state minimums, and federal judges follow stricter sentencing rules.

Charges We Defend

First-Time Offender Defense

For people facing a first criminal charge, the consequences can feel overwhelming even when the underlying offense is less serious. We represent first-time offenders charged with DUI, domestic violence, traffic offenses, and other matters, working to protect your record and your future. In appropriate cases, we pursue diversion, probation, or other alternatives to incarceration that can help you avoid a conviction.

Defending Licensed Professionals

A criminal charge can threaten the license that your career depends on. We represent doctors, nurses, attorneys, teachers, and other licensed professionals facing charges that could trigger professional discipline. We account for the licensing board exposure alongside the criminal case, so the defense addresses both the courtroom and your ability to keep working.

Vehicular Homicide Defense

Vehicular homicide is charged under Florida law when the operation of a vehicle in a reckless manner causes the death of another person. These are serious felony charges that can carry substantial prison time. We examine the state’s accident reconstruction, the alleged driving conduct, causation, and the circumstances surrounding the collision to build a defense.

White Collar Crime Defense

White collar charges—fraud, theft, embezzlement, and related financial offenses—often involve voluminous records and complex transactions. We review the documentary evidence, the alleged intent, and the state’s or government’s theory of the case. These matters can be prosecuted in state or federal court, and we defend clients in both.

DUI Defense

A DUI charge in Florida can carry jail time, fines, license suspension, and lasting collateral consequences. We examine the traffic stop, the basis for the arrest, the administration and accuracy of field sobriety and breath testing, and the handling of the evidence. We represent first-time and repeat DUI clients throughout Miami-Dade and Broward County.

Domestic Violence Defense

Domestic violence allegations can lead to arrest, no-contact orders, and charges that affect your family, housing, and employment. We investigate the allegations, review the available evidence and witness accounts, and work to protect your rights throughout the case, including at any related injunction hearing.

Leaving the Scene of an Accident Defense

Leaving the scene of an accident—often called a hit-and-run—can be charged as a misdemeanor or felony under Florida law depending on whether the crash involved property damage, injury, or death. We examine whether the driver knew of the crash, the identification evidence, and the circumstances surrounding the alleged failure to stop or report.

Federal White Collar Charges

Federal sentencing guidelines are complex and can result in lengthy sentences, even for first-time offenders. We defend clients facing federal white collar allegations in the U.S. District Court for the Southern District of Florida.

Florida Criminal Penalties and Mandatory Minimums

Felony vs. Misdemeanor Charges

Whether a charge is a felony or a misdemeanor depends on the specific offense and its statutory classification under Florida law. The classification drives the maximum penalties, the collateral consequences, and the options available for resolving the case.

Mandatory Minimum Sentences

Some Florida offenses carry mandatory minimum sentences that judges cannot reduce. Where a mandatory minimum applies, the court is constrained in its sentencing, which makes the defense strategy at every earlier stage especially important.

Sentence Enhancements

Florida law allows for sentence enhancements in certain circumstances, which can increase the penalty beyond the baseline for the underlying offense. We identify whether an enhancement is being applied and whether it is legally supported.

Sentencing Guidelines and Collateral Consequences

Beyond incarceration, a conviction can carry collateral consequences:

• Driver’s license suspension for certain offenses.
• Employment barriers: Many employers conduct background checks and may decline to hire someone with a conviction.
• Housing discrimination: Landlords often deny housing to applicants with convictions.
• Professional licensing: Doctors, nurses, lawyers, and other licensed professionals may face discipline or lose their licenses.
• Immigration consequences: Non-citizens can face removal for certain convictions.

Key Defense Strategies

Illegal Search and Seizure

The Fourth Amendment protects you against unreasonable searches and seizures. If police searched your car, home, or person without a warrant or without valid consent, evidence obtained in that search may be suppressed (excluded from trial).

Common Fourth Amendment violations include:

• Traffic stops without reasonable suspicion: Police must have a valid reason to stop your vehicle.
• Searches without consent or warrant: Police cannot search your car or home without permission or a search warrant.
• Prolonged traffic stops: Extending a traffic stop beyond its purpose (to issue a ticket) to conduct a further investigation can violate the Fourth Amendment.

Challenging the Evidence

If prosecutors claim you are responsible for an offense, we challenge whether they can actually prove each element beyond a reasonable doubt. We scrutinize the state’s witnesses, the physical evidence, and the theory connecting you to the alleged conduct.

Chain of Custody Issues

Physical evidence must be properly handled, documented, and tested. If the chain of custody is broken—if the evidence wasn’t properly logged, stored, or tested—we can challenge its reliability and admissibility.

Challenging Forensic Testing

Forensic and testing labs can make mistakes. We examine the lab’s procedures, qualifications, and results. If the lab didn’t follow proper protocols, the results may be unreliable or inadmissible.

Questioning Probable Cause

Arrest requires probable cause. If police lacked probable cause to arrest you or stop your vehicle, we move to suppress all evidence obtained after that unlawful stop.

Negotiating Reduced Charges or Diversion

Many cases don’t go to trial. We negotiate with prosecutors to reduce charges, recommend diversion programs, or explore plea agreements that minimize your exposure.

Sealing and Expunging Criminal Records

Diversion Programs

Miami-Dade and Broward County operate diversion programs designed for eligible first-time and non-violent offenders. These treatment- or service-focused alternatives to incarceration can, on successful completion, lead to dismissal of the charge.

First-Time Offender Programs

Florida offers alternatives for first-time offenders. Under Florida Statutes § 948.01, eligible offenders may receive probation instead of prison, avoiding incarceration entirely.

Diversion and Deferred Prosecution

Diversion programs allow you to avoid prosecution by completing treatment, community service, or other conditions. If you comply, charges are dismissed.

How Diversion Can Lead to Dismissal

This is far better than a conviction, which can carry mandatory minimums and collateral consequences.

What Happens After an Arrest in Miami

Arrest and Booking

After arrest, you’re taken to a police station or jail for booking. You have the right to remain silent and the right to an attorney. Exercise both immediately.

Initial Appearance and Bail

Within 24 hours of arrest, you must be brought before a judge for an initial appearance. The judge sets bail (or releases you on your own recognizance). Having an attorney at this hearing is critical—we argue for low bail or release without bail.

Discovery and Investigation

The prosecutor must provide discovery (police reports, evidence, witness statements). We review this carefully and investigate independently to identify weaknesses in the state’s case.

Plea Negotiations and Trial Preparation

We negotiate with prosecutors. If a favorable plea isn’t available, we prepare for trial, file motions to suppress evidence, and challenge the state’s case.

Importance of Immediate Legal Representation

The sooner you have an attorney, the better. We can protect your rights immediately after arrest, ensure bail is reasonable, and begin investigating while evidence is fresh.

Sealing and Expunging Records in Florida

Eligibility for Record Sealing and Expungement

If you were arrested but not convicted, you may be eligible to seal your arrest record immediately. If you were convicted, eligibility depends on the offense and any applicable waiting period. Certain convictions cannot be sealed or expunged.

How Sealing or Expunging Protects Your Future

A sealed or expunged record is hidden from public view. You can legally answer “no” when asked if you’ve been arrested or convicted (with limited exceptions for certain government jobs). This restores your ability to find employment, housing, and professional licensing.

The Process and Timeline

We petition the court to seal or expunge your record. The timeline varies by case. Once granted, your record is sealed or destroyed, and you can move forward without the burden of that record.

Why Choose Patrick Wilson Law for Your Defense

We provide individualized representation tailored to your charges and circumstances. We know Miami-Dade and Broward County courts, judges, and prosecutors. We understand both state and federal law and the real consequences you face. We explore all available defense options—from challenging illegal searches to negotiating diversion eligibility to preparing for trial. We’re accessible, responsive, and committed to protecting your rights and your future.

Criminal Defense Across South Florida

We defend clients in Miami Beach, Coral Gables, Hialeah, Doral, Kendall, and throughout Miami-Dade and Broward County. We have local court experience and relationships that help us navigate your case effectively.

Frequently Asked Questions

Take Action Now

If you’re facing criminal charges in Miami-Dade or Broward County—whether a DUI, a domestic violence allegation, a white collar matter, or a federal investigation—you need a defense attorney who understands the local courts, the penalties you face, and your options. People in your situation can reach out to Patrick Wilson Law, and we’re ready to help. Contact us today for a free consultation and learn how we can protect your rights and your future.