Florida Criminal Defense Attorneys

At DearLegal, we connect you with experienced Florida criminal defense attorneys who navigate the state’s 10-20-Life firearm mandatory minimums, the Criminal Punishment Code scoresheet, Stand Your Ground immunity, and Habitual Offender / Prison Releasee Reoffender enhancements. Whether your case is in Miami-Dade, Broward, Hillsborough, Orange, Duval, or anywhere across Florida, we’ll match you with the right attorney — at no cost to get started.

No. Politely decline and ask for an attorney. Florida law enforcement — Miami-Dade PD, Broward Sheriff, Orlando PD, FHP, FDLE — use trained interrogation techniques. Anything you say can and will be used against you. Invoke your Fifth Amendment right to silence and your right to counsel under Miranda.

Yes. Florida first-degree misdemeanors carry up to 1 year in jail and $1,000 fines under Fla. Stat. § 775.082. Pretrial intervention (PTI) under Fla. Stat. § 948.08 can result in dismissal for first-time offenders, but enrollment requires prosecutor consent. Convictions trigger collateral consequences — license suspension, federal firearm bans for DV, immigration consequences.

State cases go through Florida circuit court (felonies) or county court (misdemeanors). Federal cases go to U.S. District Court for the Northern (Tallahassee, Pensacola), Middle (Tampa, Orlando, Jacksonville), or Southern (Miami, Fort Lauderdale, West Palm Beach) Districts of Florida — and follow the U.S. Sentencing Guidelines. Federal drug trafficking (Caribbean/Latin America routes through Miami), healthcare fraud (Florida is the #1 healthcare fraud jurisdiction), and immigration cases are common.

Florida plea agreements under Fla. R. Crim. P. 3.171 are negotiated between the State Attorney’s Office and defense. Pleas can include charge reductions, withhold of adjudication (Fla. Stat. § 948.01 — defendant placed on probation without formal conviction), nolo contendere pleas, and stipulated sentences. Withhold of adjudication is uniquely valuable in Florida — it preserves civil rights and avoids many collateral consequences.

Florida has narrow record relief. Expungement under Fla. Stat. § 943.0585 applies only to cases without conviction (dismissals, acquittals, no-bills) — and only one expungement per lifetime. Sealing under § 943.059 applies to certain offenses where adjudication was withheld — also one per lifetime, with many exclusions (DUI, DV, sex offenses, drug trafficking). Automatic sealing/expungement for some non-judicial criminal history under § 943.0595.

Florida handles juveniles in juvenile court under Fla. Stat. § 985.01 et seq. Direct file by State Attorney is permitted for 16- and 17-year-olds for many felonies (Fla. Stat. § 985.557) — one of the broader direct-file statutes in the country, though restricted by 2018 reforms. Juvenile records can be expunged under § 943.0515 — early termination at 21 (or 26 for serious offenses) is automatic for some.

Florida DUI under Fla. Stat. § 316.193 uses .08 BAC (.04 commercial, .02 under-21). Implied consent under § 316.1932 — refusal triggers 1-year license suspension (18 months for second refusal). Mandatory IID for second offense, third offense, and any first offense with BAC ≥ .15 or with minor in vehicle (§ 316.1937). Fourth DUI is a third-degree felony.

Why Do You Need a Criminal Defense Attorney in Florida?

Florida uses the Criminal Punishment Code (Fla. Stat. § 921.0024) — a scoresheet system where the lowest permissible sentence is calculated from the primary offense level (1-10), additional offenses, victim injury, prior record, and other factors. Florida felonies range from Capital (life or death) and Life felonies (life max), through First-degree (up to 30 years), Second-degree (up to 15), and Third-degree (up to 5) felonies. The 10-20-Life statute (Fla. Stat. § 775.087) imposes mandatory minimums when a firearm is used in certain felonies: 10 years for possession, 20 years for discharge, 25-to-life for causing injury or death. Florida’s Habitual Felony Offender (Fla. Stat. § 775.084) and Prison Releasee Reoffender (PRR, Fla. Stat. § 775.082(9)) enhancements dramatically increase exposure for repeat offenders. Florida’s Stand Your Ground law (Fla. Stat. § 776.032) provides pretrial immunity in self-defense cases. Florida still aggressively prosecutes marijuana — recreational use remains illegal as of 2024 (Amendment 3 failed in November 2024). Florida has no general expungement statute, but Fla. Stat. § 943.0585 (expungement of non-conviction records) and § 943.059 (sealing of records) provide narrow relief.

When Do You Need a Criminal Defense Attorney in Florida?

Our network includes Florida criminal defense attorneys who handle every kind of case, including:

Types of Criminal Defense Cases in Florida

From the moment you connect with a Florida criminal defense attorney, they go to work protecting your claim. The most common case types we handle:

Talking to FHP, Miami-Dade PD, Broward Sheriff, FDLE, or any Florida officer without an attorney

Consenting to a search of your car, home, or phone

Missing a Florida court date — capias warrants and bond forfeiture follow

Posting about the case on social media — Florida State Attorneys subpoena platforms routinely

Deleting messages or photos from your phone — Florida tampering with evidence (Fla. Stat. § 918.13) is a third-degree felony

Accepting the State Attorney’s first plea offer without exploring PTI, withhold of adjudication, drug court, or charge reduction

Talking to FHP, Miami-Dade PD, Broward Sheriff, FDLE, or any Florida officer without an attorney

Consenting to a search of your car, home, or phone

Missing a Florida court date — capias warrants and bond forfeiture follow

Posting about the case on social media — Florida State Attorneys subpoena platforms routinely

Deleting messages or photos from your phone — Florida tampering with evidence (Fla. Stat. § 918.13) is a third-degree felony

Accepting the State Attorney’s first plea offer without exploring PTI, withhold of adjudication, drug court, or charge reduction

Common Florida Criminal Defense Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Florida Criminal Defense Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Criminal defense attorneys in Florida work on hourly or flat-fee retainers — contingency fees are prohibited in criminal cases under Fla. R. Prof. Conduct 4-1.5(f)(3)(A) and ABA Model Rule 1.5(d). Misdemeanors and most felonies are flat-fee; complex cases (homicide, federal healthcare fraud, multi-count) use hourly billing with substantial retainers. Florida’s 20 elected Public Defender offices represent indigent defendants.

What Can Your Florida Criminal Defense Compensation Include?

Charge Dismissal

Outright dismissal through motion to suppress, motion to dismiss for insufficient evidence (Fla. R. Crim. P. 3.190(c)(4)), speedy trial under Fla. R. Crim. P. 3.191 (175 days for felonies, 90 for misdemeanors), Stand Your Ground immunity hearing (Fla. Stat. § 776.032), or State Attorney nolle prosequi.

Charge Reduction

Reduction from felony to misdemeanor, from higher-degree felony to lower-degree, or removal of mandatory-minimum-triggering allegations (10-20-Life firearm enhancements, HFO/PRR designations).

Pretrial Intervention / Diversion

Pretrial Intervention under Fla. Stat. § 948.08 — typically for first-time offenders, results in dismissal upon completion. Drug court, mental health court, veterans court, and Misdemeanor Diversion Programs available in many counties.

Plea Agreement / Withhold of Adjudication

Negotiated resolution under Fla. R. Crim. P. 3.171. Florida’s “withhold of adjudication” (Fla. Stat. § 948.01) is uniquely valuable — defendant placed on probation without formal conviction, preserving civil rights and sealing eligibility.

Trial Acquittal

Not guilty verdict by Florida jury or judge. Florida criminal juries are 12 for capital cases, 6 for all other criminal cases (Williams v. Florida, 1970), and must be unanimous.

Post-Conviction Relief

Florida Rule 3.850 (post-conviction motion) within 2 years; Rule 3.800 (illegal sentence) at any time; Rule 3.801 (correct jail credit). State habeas under Fla. R. App. P. 9.141.

!!!

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Florida Criminal Defense Attorneys

Why Do You Need a Criminal Defense Attorney in Florida?

When Do You Need a Criminal Defense Attorney in Florida?

Types of Criminal Defense Cases in Florida

Common Florida Criminal Defense Mistakes

How Much Do Florida Criminal Defense Attorneys Cost?

What Can Your Florida Criminal Defense Compensation Include?

Ready when you are.

Your help is just

a minute away.

Start your case

in minutes.