Criminal Defense Attorneys Serving South Florida
Being investigated, arrested, or accused of a crime can affect your freedom, employment, family, finances, immigration status, and reputation. Caserta & Spiriti provides criminal defense representation based on the facts, evidence, charges, procedural posture, and individual circumstances of each matter.
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Florida Criminal Defense Focused on Your Circumstances
A criminal accusation is not a conviction. Every person accused of an offense is entitled to the protections provided by the United States Constitution, the Florida Constitution, applicable statutes, court rules, and evidentiary law.
Caserta & Spiriti assists individuals facing criminal investigations, misdemeanor charges, felony charges, probation matters, and other proceedings arising under Florida or federal law. Our role is to review the circumstances, explain the criminal process, identify available defenses and procedural issues, and advocate for the client during the stages included within the representation.
We understand that clients may feel worried, confused, embarrassed, or uncertain about what happens next. Clear communication is an important part of our representation. Our attorneys work to help clients understand the allegations, potential consequences, available options, and decisions that may need to be made.
How a Florida Criminal Defense Attorney May Help
The appropriate defense strategy depends on the charge, available evidence, procedural history, jurisdiction, criminal record, and the client’s objectives.
Review the Allegations
Examine charging documents, police reports, witness statements, recordings, digital records, physical evidence, and other available materials.
Evaluate Constitutional Issues
Consider whether searches, seizures, questioning, identification procedures, warrants, or other government conduct present legal issues.
Explain the Criminal Process
Help the client understand discovery, pleas, negotiations, motions, hearings, trial preparation, sentencing exposure, and court obligations.
Communicate With Prosecutors
Address charging decisions, evidence, pretrial issues, diversion possibilities, negotiations, and other case-specific matters.
Prepare Motions and Defenses
Determine whether motions, evidentiary challenges, investigation, expert review, or witness preparation may be appropriate.
Advocate in Court
Represent the client during applicable hearings, negotiations, motion practice, trial proceedings, sentencing, or other agreed stages of the matter.
Florida Criminal Matters We May Handle
Representation depends on the facts, jurisdiction, conflicts, attorney availability, and acceptance of a written engagement agreement.
Violent and Personal Offenses
- Assault and battery
- Domestic violence allegations
- Robbery
- Weapons offenses
- Self-defense matters
- Murder and homicide charges
Drug and Driving Offenses
- Drug possession allegations
- Drug trafficking charges
- DUI and impaired-driving charges
- Driving-related criminal offenses
- Probation violations
Fraud and Financial Crimes
- Fraud
- Embezzlement
- Forgery
- Identity theft
- Mortgage fraud
- Money laundering
- Securities fraud
- Tax-related criminal allegations
Internet and Sex-Offense Allegations
- Internet crimes
- Computer-related offenses
- Sex-crime allegations
- Child sexual abuse material allegations
- Electronic-evidence matters
State and Federal Proceedings
- Misdemeanor charges
- Felony charges
- Federal criminal investigations
- Federal criminal charges
- Grand jury proceedings
- Juvenile delinquency matters
- Criminal-immigration consequences
Record and Post-Judgment Matters
- Criminal appeals
- Post-conviction relief matters
- Sentence-related proceedings
- Criminal-record sealing
- Expungement matters
Understanding the Florida Criminal Process
Not every criminal case follows the same path, but a Florida criminal matter may involve several of the following stages.
Investigation or Arrest
Law enforcement may investigate, request an interview, execute a warrant, issue a notice to appear, or make an arrest.
First Appearance and Bond
The court may address probable cause, release conditions, bond, no-contact orders, and related matters.
Charging and Arraignment
Prosecutors determine what charges to pursue, and the accused is formally advised of the charge and enters a plea.
Discovery and Investigation
The parties exchange permitted information, investigate the facts, review evidence, interview witnesses, and evaluate legal issues.
Motions and Hearings
The defense may litigate evidentiary, constitutional, procedural, discovery, or other issues supported by the case.
Negotiation or Diversion
Depending on eligibility and discretion, a matter may involve negotiation, diversion, intervention, or another resolution.
Trial
At trial, the prosecution bears the burden of proving each required element beyond a reasonable doubt.
Sentencing or Further Review
A conviction may lead to sentencing and, where appropriate, appellate or post-conviction proceedings.
What Should You Do After an Arrest or Criminal Accusation?
- Remain calm and do not physically resist law-enforcement officers.
- Clearly state that you wish to remain silent and want to speak with an attorney.
- Do not attempt to explain the situation, speculate, or provide an informal statement without legal advice.
- Do not physically interfere with a search, but do not voluntarily consent without first understanding your rights.
- Follow all court orders, bond conditions, no-contact provisions, and travel restrictions.
- Preserve messages, photographs, videos, receipts, location records, witness information, and potentially relevant evidence.
- Do not post about the accusation, alleged victim, witnesses, law enforcement, or the case on social media.
- Contact qualified criminal defense counsel promptly.
Florida Criminal Defense FAQs
These answers provide general educational information and are not a substitute for legal advice based on the particular facts.
Should I speak with police if I believe I am innocent?
Innocent people can still make incomplete, inaccurate, or misunderstood statements. A person generally has the right to remain silent and request an attorney. Consider obtaining legal advice before participating in an interview.
Does an arrest mean that I will be convicted?
No. An arrest or accusation is not a conviction. The prosecution must establish the required elements of the charged offense, and the defense may challenge the evidence, procedures, witnesses, or legal sufficiency of the case.
Can Florida criminal charges be dismissed?
Charges may sometimes be declined, reduced, diverted, or dismissed, but no outcome can be promised. Available possibilities depend on the evidence, governing law, procedural issues, prosecutorial decisions, judicial rulings, and particular facts.
What is the difference between a misdemeanor and a felony?
Both are criminal offenses, but felonies generally carry more severe potential penalties and collateral consequences. The degree and classification of the offense affect the potential sentencing exposure.
Can a Florida criminal record be sealed or expunged?
Some criminal-history records may qualify for sealing or expungement, while others do not. Eligibility depends on the charge, disposition, criminal history, prior record relief, and the law applicable when the petition is filed.
Can a criminal charge affect immigration status?
Yes. Arrests, pleas, admissions, diversion programs, and convictions may create immigration consequences for noncitizens. Criminal and immigration counsel may need to coordinate before a plea or other major decision is made.
How much does a Florida criminal defense attorney cost?
Fees depend on the charge, complexity, jurisdiction, anticipated court appearances, evidence, motion practice, trial preparation, and scope of representation. The fee arrangement should be confirmed in a written agreement.
Discuss Your Florida Criminal Matter With Our Office
A criminal accusation deserves prompt and careful attention. Contact Caserta & Spiriti to determine whether the firm is available to assist with your Florida criminal matter.
Contact Caserta & SpiritiPractice Area Attorneys
Joshua L. Fisher
Joshua L. Fisher, Esq. is a Florida criminal defense attorney and Of Counsel Attorney with Caserta & Spiriti Attorneys at Law. He represents clients in criminal defense matters involving Florida state criminal courts, federal criminal courts, and criminal appellate issues. His criminal defense practice includes representation in matters involving DUI, theft offenses, assault and battery allegations, domestic violence-related criminal allegations, probation violations, weapon offenses, federal criminal defense, serious felony allegations, and related criminal law matters.
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