As former supervisors in the Miami-Dade County State Attorney’s Office, we handled the prosecution of thousands of criminal cases. We have intimate knowledge as to how criminal cases are evaluated, filed and tried here in Miami-Dade County. With over 50 jury trials under our belts, we have the experience necessary to help ensure your rights are protected. We handle cases on behalf of individuals arrested and charged with the following crimes:
Miami Domestic Violence Lawyers
Types of Domestic Violence related Cases we handle:
- Aggravated Stalking
- Violation of Injunctions
Overview of Florida Domestic Violence Laws
Florida’s crime laws define domestic violence as specified types of violence committed against a family or household member. In particular, an individual can commit domestic violence against a spouse, ex-spouse, the co-parent of the individual’s child, or a relative related to the individual by blood or marriage. Florida laws also protect against domestic violence occurring between individuals who currently cohabitate or who formerly cohabitated together in the same household.
Penalties and Sentences
Florida domestic violence laws specifically include a minimum punishment of five days served in county jail. The court can also sentence a convicted offender to a period of imprisonment in Florida state prison. Alternatively, state laws permit the court to decide on a sentence of probation or community service.
If you or someone you know has been arrested or charged with a domestic violence crime, contact the Offices of Benjamin & Melmer. As former domestic violence prosecutors, we have the experience and expertise to help ensure your rights are protected.
Violent Crimes Lawyer
Types of Violent Cases we handle:
- Aggravated Assault
- Aggravated Battery
- Burglary with Assault or
- Home Invasion Robbery
- Attempted Murder
- Vehicular Manslaughter
- Child Abuse
- Child Neglect
If you or someone close to you has been arrested or charged with a violence crime contact the Office of Benjamin & Melmer for a free consultation. Let us use our experiences and expertise to help ensure your rights are protected.
Miami Drug Crimes Attorney
Types of Drug Crimes we handle:
- Possession with the
- Intent to Sell
- Sale / Distribution
Overview of Florida Drug Possession Laws
“Simple possession” is a drug offense for possession by a defendant who did not manufacture, distribute, or sell the controlled substance. Instead, the defendant likely held the controlled substance for personal use. Simple possession of most controlled substances specified by Florida state laws may be charged as a third degree felony. However, state law allows a first degree misdemeanor charge for simple possession of cannabis — marijuana — in an amount less than twenty grams.
Defenses to Drug Possession Charges
- Lack of knowledge that the material was a controlled substance
- Valid prescription from a medical professional
- Entrapment arranged by police
- Fourth Amendment violation due to unlawful search and seizure
Firearms & Weapon Offenses Lawyer in Miami
Types of Weapons Cases we handle:
- Discharge of a Firearm in Public
- Carrying a Concealed Firearm
- Possession of a Firearm by a Convicted Felon
- Possession of a Weapon on School Grounds
Firearm and weapon offenses are taken very seriously in Florida and can result in severe consequences. Those who are prosecuted often did not realize they were committing an illegal offense. For example, convicted felony offenders are not permitted to possess a firearm, and even prior convictions for some offenses that are not felonies can result in a lifetime firearm possession ban. Also, the definition of a weapon in Florida is very broad, and can include knives, switchblades, pocket knives, pistols, revolvers, shotguns, rifles, machetes and razors.
Theft Crime Lawyer in Miami
Types of Theft Cases we handle:
- Dealing in Stolen Property
- Grand Theft
- Money Laundering
- Insurance Fraud
- Credit Card Fraud
- Welfare Fraud
- Medicaid Fraud
- Worthless Check
A theft crime is the act of taking another person’s property without consent. Criminal charges for most theft crimes depend upon the dollar value of the property stolen. If the value of the property stolen is below $300, the theft crime can be classified as a 2nd degree misdemeanor. If the value of the property is over $300, the theft crime will be classified as a felony. Aggravating circumstances can include the use of violence, the use of a weapon, and/or physical assault. For example, armed robbery would be considered a more serious criminal offense than petty theft because it involves the use of a weapon.
DUI Attorney in Miami
Driving Under the Influence
Below are some of the penalties one might be facing depending on the type of DUI offense for which they are charged. Here at Benjamin & Melmer, LLC we have extensive experience dealing with all types of DUI offenses. From your administrative hearing before the Department of Motor Vehicles to your criminal trial, let us use our expertise to guide you through each step. If you or anyone you know has been arrested for or charged with DUI, please contact the attorney’s at Benjamin & Melmer, LLC.
DUI Diversion Attorney
Back on Track Program:
This program is unique to Miami-Dade County and provides some first-time DUI offenders with a second chance, however, eligibility is not automatic and the State Attorney’s Office does not offer the program to all first time offenders. Here are some of the factors that the State Attorney’s Office considers when deciding whether to offer the program:
- The program does not have an automatic acceptance .
- The program will have absolutely no effect on the administrative driver’s license suspensions imposed under Florida Statutes 322.2615 or 322.2616. This means even if you opt for the “Back on Track Program” your license will still be suspended if you do not file your appeal within 10 days of your DUI Arrest. Remember, the only way to fight the automatic suspension of your license is to file a timely appeal.
- Completion of the applicable program does not result in the dismissal of the DUI charges. Upon successful completion of the program, the DUI charge will be amended to a reckless driving with a withholding of adjudication. That would mean that you would receive no points and would be eligible to have your arrest and criminal records sealed pursuant to chapter 943.
- THE STATE and only THE STATE determines whether or not YOU are a candidate for the “Back on Track Program.”
Juvenile Crime Lawyers in Miami
ABOUT JUVENILE CHARGES:
Unfortunately, juvenile criminal charges are taken very seriously by the Court, schools and future employers. Gone are the days when the court looked the other way for a child’s mischief. If your child is in a schoolyard fight, chances are he won’t get detention, he’ll get arrested. A juvenile charge, even a minor one, can cause various problems later in life. It’s important to take the charge seriously and to hire an experienced attorney who knows the system. According to national research, juvenile crime, including violent offenses, peaks between 3 p.m. and 6 p.m., right after school lets out.
Miami Probation Violations Lawyers
When you are placed on probation or community control, you are advised of conditions you must complete or adhere to while be supervised. Should you violate the conditions by willfully and materially breaking the rules, your probation or community control officer could violate you. A probation officer will fill out an affidavit asking the judge to sign a warrant for your arrest. As a result, you may be kept in a county jail pending the results of a probation violation hearing or bond review hearing. A judge may set a bond for your release, but is not required to do so.
Miami Bond Hearings Attorney
Below are some frequently asked questions regarding Florida bond hearings:
HOW LONG BEFORE A BOND IS SET IN MY CASE?
A bond hearing is set within a certain amount of time after a defendant’s arrest. In Florida, a defendant is entitled to a bond hearing within 24 hours after being arrested, thus bond hearings are held everyday.
WHAT IS A NEBBIA?
Occasionally, there may be a situation where the defendant could be given a bond, but during the bond hearing the court determines that it needs to see more information regarding the source of any funds used to post the bond. If the court suspects that bond money may have come from criminal actions, the court may either deny bond or attach what is called a NEBBIA to the bond, which requires the defendant to show proof that the bond money has not come from any illegal source.
Miami Seal and Expunge Lawyers
Sealing & Expungement:
One brush with the criminal justice system can have a devastating effect on your future. It can prevent you from obtaining a job, a promotion, a license, housing, and many other opportunities. Perhaps the charges against you were dropped, adjudication was withheld, or you were found not guilty. Nonetheless, you may be surprised to learn that the arrest still appears in criminal background searches.
Florida law allows individuals who meet certain eligibility requirements to seal or expunge their criminal history record. Once a criminal history record is sealed or expunged, it no longer appears in criminal background searches and you are legally entitled to deny the incident on job and other applications. Record accesibility and required disclosure may still apply in certain situations, such as when applying for a job in law enforcement or social services.