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Common Criminal Charges in Miami and How a Defense Attorney Can Help: A Guide for First-Time Offenders

  • Common Criminal Charges for First-Time Offenders in Miami: The article identifies common charges such as DUI, drug possession, assault and battery, theft, disorderly conduct, and domestic violence. These offenses often stem from poor decision-making, and the penalties vary based on the severity of the charge.
  • Importance of a Defense Attorney: A defense attorney like Hoss Hernandez P.A. can help first-time offenders navigate the complexities of the legal system, ensuring their rights are protected and exploring all legal avenues to reduce penalties and protect their future.
  • Specific Legal Strategies for Each Charge: The guide outlines how Hoss Hernandez P.A. can assist with each type of charge, including negotiating for reduced penalties, seeking alternatives like diversion programs, and identifying procedural errors that may result in dismissal of charges.
  • Impact on First-Time Offenders: Being charged for the first time can have long-term consequences such as affecting employment or housing. The attorney’s role is crucial in minimizing these impacts, and they work to achieve outcomes like reduced sentencing, probation, or even record expungement.
A police officer placing handcuffs on a person, symbolizing the need for a defense attorney in criminal cases

Facing criminal charges for the first time can be overwhelming and frightening, especially in a busy city like Miami. Many first-time offenders may not fully understand the severity of their charges or the legal process that lies ahead. Knowing the most common criminal charges and how a skilled defense attorney can assist can be crucial to minimizing the impact on your future.

This guide is designed for first-time offenders in Miami to help them understand common criminal charges and how an experienced defense attorney like Hoss Hernandez P.A. can help navigate the complexities of the legal system.

Common Criminal Charges for First-Time Offenders in Miami

1. Driving Under the Influence (DUI)

DUI is one of the most common charges for first-time offenders in Miami. According to Florida Statutes Section 316.193, driving with a blood alcohol concentration (BAC) of 0.08% or higher is illegal. Many first-time DUI offenses result from poor decision-making after a night out. For first-time offenders, penalties can include fines, license suspension, mandatory DUI school, and community service.

How Hoss Hernandez P.A. Can Help First-Time DUI Offenders

A skilled defense attorney can assess whether the police followed proper procedures during the traffic stop and DUI testing. In some cases, the breathalyzer or blood test may have been improperly administered or calibrated, leading to inaccurate BAC results. Hoss Hernandez P.A. can negotiate for reduced penalties, such as probation instead of jail time, or in certain situations, may even get the charges dismissed if there were procedural errors in your case.

A person opening a bottle inside a car, symbolizing the dangers of drinking and driving, relevant to DUI cases.
A representation of the risks associated with drinking and driving, highlighting the importance of a defense attorney in DUI cases.

2. Drug Possession

First-time drug possession charges are also common in Miami, particularly for small amounts of marijuana or other controlled substances. Florida’s drug laws are strict, and even minor possession charges can carry severe consequences, including fines, probation, or even jail time. Florida Statutes Chapter 893 governs the classification and penalties for various controlled substances.

How Hoss Hernandez P.A. Can Help First-Time Drug Offenders

For first-time offenders, there may be alternatives to traditional penalties, such as diversion programs or drug court, which focus on rehabilitation rather than punishment. Hoss Hernandez P.A. will work to ensure that first-time offenders have the opportunity to participate in these programs, which can lead to the charges being dropped or reduced after successful completion. Additionally, if there were issues with how the drugs were found (e.g., illegal search and seizure), the attorney can work to have the evidence suppressed.

3. Assault and Battery

First-time offenders may face assault or battery charges after a heated argument, often arising from misunderstandings or altercations at social events or in public places. Assault refers to the threat of violence, while battery involves actual physical contact. Depending on the circumstances, these charges can range from misdemeanors to felonies, as outlined in Florida Statutes Section 784.011.

How Hoss Hernandez P.A. Can Help First-Time Assault and Battery Offenders

A defense attorney will investigate the incident thoroughly, gathering witness statements and reviewing any available video footage to establish the facts. In many cases, first-time offenders may be able to argue self-defense, or that the altercation was not as serious as the prosecution claims. Hoss Hernandez P.A. can negotiate with the prosecution to reduce charges, especially if it can be proven that the actions were not premeditated or malicious.

4. Theft and Shoplifting

Theft, including shoplifting, is another common charge for first-time offenders in Miami. Often, these charges stem from a momentary lapse in judgment. In Miami, petty theft involves the theft of property valued under $750 and is usually charged as a misdemeanor, while grand theft, involving property valued over $750, can be charged as a felony under Florida Statutes Chapter 812.

How Hoss Hernandez P.A. Can Help First-Time Theft Offenders

In theft cases, especially for first-time offenders, an attorney may be able to negotiate a deal that avoids a criminal record, such as pretrial diversion or a plea to a lesser charge. Hoss Hernandez P.A. will examine whether the prosecution can prove intent, and if the evidence is insufficient, they may argue for a reduction in charges or case dismissal.

A person lying on the grass with an empty bottle of alcohol, symbolizing the consequences of excessive drinking
An individual lying on the ground with an alcohol bottle, highlighting the potential dangers and consequences of drunken behavior.

5. Disorderly Conduct

First-time offenders often face disorderly conduct charges after public disturbances, fights, or drunken behavior, especially in nightlife-heavy areas like South Beach. Disorderly conduct is a second-degree misdemeanor under Florida Statutes Section 877.03, which can carry penalties such as fines, probation, or even short jail sentences.

How Hoss Hernandez P.A. Can Help First-Time Disorderly Conduct Offenders

A defense attorney will evaluate the circumstances of the arrest, including whether law enforcement had a valid reason for detaining the defendant. In many cases, disorderly conduct charges can be resolved through a plea deal, community service, or diversion programs. For first-time offenders, it may be possible to negotiate for dismissal after completing a program designed to educate and rehabilitate, avoiding a permanent criminal record.

6. Domestic Violence

First-time domestic violence charges are common, particularly when disputes within families or relationships escalate. In Florida, domestic violence charges can lead to serious consequences, including jail time, restraining orders, and potential loss of custody rights. Domestic violence is addressed under Florida Statutes Section 741.28.

How Hoss Hernandez P.A. Can Help First-Time Domestic Violence Offenders

A skilled defense attorney will investigate whether the accusations are valid or if they stem from false claims, especially during contentious situations like divorce or child custody disputes. Hoss Hernandez P.A. can argue self-defense or that the situation has been blown out of proportion. For first-time offenders, the attorney may negotiate for anger management classes or counseling in lieu of harsher penalties.

Why First-Time Offenders Need a Defense Attorney

For first-time offenders, facing criminal charges is not only stressful but can also have long-lasting effects on your life. Even a seemingly minor charge can impact your employment, education opportunities, and housing prospects. Having an experienced defense attorney on your side can make all the difference.

Miami Criminal Defense Attorney Hoss Hernandez PA discussing legal matters in a courthouse.
Hoss Hernandez PA, a dedicated Miami criminal defense attorney, engaged in a strategic discussion with a colleague in the courthouse, underscoring the importance of local legal expertise.

How Hoss Hernandez P.A. Can Help First-Time Offenders

  1. Explain Your Rights and Charges: Hoss Hernandez P.A. will make sure you fully understand the charges against you and the potential consequences. They will walk you through the legal process, ensuring you know what to expect at every stage.
  2. Explore Alternatives to Jail Time: For many first-time offenders, jail time is not inevitable. Your attorney can explore options like diversion programs, probation, or community service, which can allow you to avoid jail and possibly keep your record clean.
  3. Negotiate for Reduced Charges or Dismissal: Hoss Hernandez P.A. will negotiate with the prosecution to reduce charges, particularly for non-violent offenses. In some cases, if procedural errors are identified (such as illegal search and seizure), your charges may be dismissed entirely.
  4. Protect Your Future: A criminal conviction can follow you for the rest of your life. Hoss Hernandez P.A.’s goal is to minimize the long-term impact of your charges, whether through reduced sentencing, record sealing, or expungement.

Legal Recourse for First-Time Offenders

Being charged with a crime for the first time in Miami can be an intimidating experience, but it doesn’t have to define your future. Many first-time offenders have the opportunity to resolve their cases without long-term consequences, particularly with the guidance of an experienced defense attorney. Hoss Hernandez P.A. provides first-time offenders with the best possible defense, ensuring their rights are protected and exploring every legal avenue to reduce penalties and preserve their future.

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