Miami Criminal Defense Lawyer

Protecting Your Rights After an Arrest or Criminal Charge

An arrest, investigation, or criminal charge can put your freedom, job, reputation, and future at risk. However, an accusation is not a conviction. You have the right to question the evidence and present a defense.

A Miami criminal defense lawyer from Gimenez & Carrillo, LLC can review what happened, explain the charges, and help you decide what to do next. The firm represents people facing criminal allegations in Miami, Miami-Dade County, and throughout South Florida.

If you or a loved one has been arrested, contact the firm as soon as possible. Early legal help can be especially important when someone remains in custody, investigators are requesting an interview, or a court hearing is approaching.

Call (305) 444-3000 or Request a Free Initial Consultation. Hablamos Español.

State and Federal
Criminal Defense

Serving Miami-Dade County

Main office at Waterford District Dr.

Former Felony Division Training Attorney

12 Years as a Miami-Dade Assistant Public Defender

What Should You Do After an Arrest in Miami?

The hours after an arrest can be confusing. You may feel pressure to explain what happened or answer questions. Still, statements made during this period may affect the case.

If you have been arrested or detained:

Remain calm: Do not resist officers or interfere with the arrest.
Ask for a lawyer: Clearly state that you want to speak with an attorney before answering questions.
Avoid discussing the facts: Do not discuss the case with other people in custody or post about it online.
Do not guess: If you do not understand a question, do not make assumptions or offer uncertain information.
Preserve important information: Save messages, photographs, receipts, notices, and other records related to the incident.
Contact a criminal defense lawyer: An attorney can review the charge, custody status, and upcoming hearings.

Family members trying to help someone in custody should gather the person’s full legal name, date of birth, arresting agency, booking information, and location when available.

Criminal Defense Cases We Handle in Miami

Gimenez & Carrillo represents clients facing misdemeanor and felony allegations in state and federal court. Every case is different. Therefore, the defense should reflect the charge, available evidence, client’s history, and stage of the case.

The firm’s Florida criminal defense attorneys handle matters involving:

DUI and Traffic Cases

DUI charges
Reckless driving
Driving with a suspended license
Leaving the scene of a crash
Other criminal traffic offenses

Drug Charges

Drug possession
Drug trafficking
Drug manufacturing or distribution
State and federal drug investigations

Fraud and Financial Crimes

Fraud
Embezzlement
Money laundering
Mortgage, insurance, and healthcare fraud
Other white collar crimes

Other Criminal Matters

Theft and robbery
Felony and misdemeanor allegations
State and federal investigations
Grand jury matters
Emergency bond hearings
Pre-charge representation

DUI and Criminal Traffic Defense

DUI and criminal traffic charges can affect a person’s license, insurance costs, employment, and freedom.

Under Florida law, a person may face a DUI charge based on impaired normal abilities or a blood- or breath-alcohol level of 0.08 or higher. The facts surrounding the stop, testing procedures, officer observations, video evidence, and handling of samples may all require careful review.

Criminal traffic matters may include:

Impaired and Dangerous Driving Allegations

Driving under the influence
Reckless driving
DUI involving property damage
DUI involving an alleged injury

License and Court-Related Matters

Knowingly driving with a suspended license
Repeat criminal traffic offenses
Failure to appear on a criminal traffic charge

Crash and Police-Evasion Charges

Leaving the scene of a crash
Fleeing or attempting to elude
Failure to comply with a lawful police order

The Miami-Dade Clerk identifies DUI, reckless driving, knowingly driving with a suspended license, and leaving the scene with property damage as common criminal traffic violations. Unlike an ordinary civil citation, a criminal traffic charge requires a court appearance and may lead to an arrest or warrant if ignored.

Traffic stops and enforcement occur throughout Miami, including along Biscayne Boulevard, US 1, Flagler Street, Calle Ocho, Coral Way, Miami Avenue, and Brickell Avenue. Drivers may also encounter enforcement near school zones, crosswalks, bike lanes, shopping districts, apartment areas, and busy intersections.

A Florida FY2024 highway-safety report stated that Miami Police conducted 18 high-visibility DUI enforcement operations and two checkpoints through a grant-funded program. Those activities included 842 traffic stops and 19 DUI arrests.

A Miami DUI lawyer can review why the stop occurred, whether officers followed proper procedures, and whether the available evidence supports the charge.

Drug Possession and Drug Trafficking Charges

Drug cases may involve allegations of possession, sale, delivery, manufacturing, conspiracy, or trafficking.

A drug trafficking charge does not always require proof that someone sold drugs. Under Florida law, knowingly possessing more than a statutory amount of a controlled substance may support a trafficking charge. The applicable threshold and potential sentence depend on the substance and quantity involved.

A Miami drug trafficking lawyer may examine several parts of the case.

The Stop or Search

Why police stopped or detained the person
Whether officers had legal grounds for a search
Whether a warrant covered the location or property searched

Possession and Knowledge

Who owned or controlled the property
Whether the accused knew the substance was present
Whether another person had access to the location
Whether the area was shared by several people

Handling of the Evidence

How officers collected and stored the substance
Whether the substance was properly tested
Whether the reported weight was accurate
Whether the evidence was preserved correctly

Statements and Recorded Evidence

Whether officers obtained statements lawfully
Whether video provides the full context
Whether an informant or witness provided reliable information

These cases may begin with a traffic stop, search warrant, package investigation, confidential informant, or larger state or federal investigation.

The government must still prove each required part of the charge. The presence of drugs in a shared vehicle, home, apartment, or business does not automatically explain who knew about or controlled them.

Fraud and White Collar Crime Defense

Fraud and white collar cases often involve large volumes of financial records, electronic communications, contracts, billing data, or business documents. Investigations may begin months before an arrest or formal charge.

The firm handles allegations involving:

Healthcare and Insurance Fraud

Healthcare fraud
Medicare or Medicaid fraud
Insurance fraud
False billing allegations

Business and Financial Fraud

Mortgage fraud
Wire or mail fraud
Business fraud
Identity theft
Forgery

Financial Transactions and Organization-Based Charges

Money laundering
Embezzlement
Misappropriation of business funds
Racketeering allegations

Florida law covers many forms of fraud, and some alleged conduct may also fall under the state’s White Collar Crime Victim Protection Act. The exact charge depends on the alleged actions, financial loss, number of victims, and other facts.

Early representation may help when investigators request an interview, records, or access to electronic devices. A person or business under investigation should consider speaking with counsel before providing statements or documents.

Theft and Embezzlement Charges

Florida defines theft as knowingly obtaining, using, or attempting to use someone else’s property with the intent to deprive that person of the property or use it without authorization. The level of the charge may depend on the value and type of property involved.

Theft-related allegations may involve:

Retail and Property Theft

Shoplifting or retail theft
Grand theft
Theft from a home, vehicle, or business
Theft involving entrusted property

Employee and Business Allegations

Employee theft
Misuse of company funds
Embezzlement
Misappropriation of business property

Financial and Identity-Related Theft

Credit card allegations
Identity-related theft
Unauthorized transfers
Use of financial information without permission

Embezzlement allegations may be prosecuted through theft, fraud, or other financial-crime laws depending on the facts. These cases often require a detailed review of financial records, access permissions, ownership, intent, and established business practices.

A financial loss or accounting dispute does not always prove criminal intent. A Miami theft lawyer can review the records, transactions, communications, and relationship between the parties.

State and Federal Criminal Charges

Some criminal cases remain in Florida state court. Others may be investigated or prosecuted by federal authorities.

The Miami-Dade criminal court system has separate county and circuit operations. County Criminal generally handles misdemeanor matters, while Circuit Criminal processes felony cases, arrest warrants, indictments, and related filings.

Federal cases may involve allegations such as drug trafficking, money laundering, healthcare fraud, wire fraud, or activity across state or national borders.

Federal investigations can include:

Court and Investigative Demands

Grand jury subpoenas
Search warrants
Requests for interviews
Demands for business or financial records

Evidence and Property

Financial records
Electronic evidence
Recorded communications
Assets or property subject to seizure

Government Involvement

Multiple investigative agencies
Federal prosecutors
Investigations across several jurisdictions

Federal criminal cases follow different procedures and sentencing rules. They may also involve lengthy investigations before formal charges are filed.

Gimenez & Carrillo represents clients in both state and federal criminal matters.

Emergency Bond Hearings in Miami-Dade County

When someone remains in custody, the family’s first concern is often whether and when that person can be released.

Florida courts may consider several factors when setting bail or other release conditions.

The Current Charge

The nature and seriousness of the charge
The weight of the available evidence
Possible danger to the community

Community and Financial Ties

Family ties
Length of residence in the community
Employment history
Financial resources

Prior Conduct

Prior convictions
Past failures to appear
Previous attempts to avoid court proceedings
Conduct while on an earlier form of release

These factors do not guarantee that the court will grant or reduce a bond. However, a criminal defense lawyer can gather relevant information and present arguments based on the person’s circumstances.

Miami-Dade County currently conducts felony bond hearings twice each weekday. Weekend and holiday hearings generally take place once per day at the Richard E. Gerstein Justice Building. Schedules and procedures can change, so families should verify the current calendar.

Information that may help an attorney prepare for a bond hearing includes:

Arrest and Case Information

Full legal name and date of birth
Booking number
Arresting agency
Current detention location
Known charges

Community Information

Length of time living in Miami-Dade County
Family ties to the area
Employment or school information
Prior court history

Release Planning

Medical needs
Proposed living arrangements
Transportation to court
Ability to follow release conditions
Contact information for supporting witnesses

If a loved one has been arrested, contact the firm promptly and provide the available booking and case information.

Request a Free Initial Consultation

Call (305) 444-3000

What Happens After a Criminal Arrest in Miami?

The exact process depends on the charge and whether the case is in state or federal court. A Florida state criminal case may include:

Arrest or notice to appear: Law enforcement takes the person into custody or issues instructions to appear in court.
First appearance and bond: A judge reviews custody and release issues.
Arraignment: The accused receives the formal charge and enters a plea.
Discovery: The defense obtains and reviews reports, recordings, test results, witness information, and other evidence.
Pretrial motions: An attorney may ask the court to address legal or evidence issues.
Negotiations: The parties may discuss whether the case can be resolved without trial.
Trial: If the case does not resolve, the prosecution must prove the charge in court.
Sentencing or post-trial proceedings: These stages occur when there is a conviction or guilty plea.

Not every case follows the same path. Charges may change, and some matters may end before trial. A lawyer can explain the process based on the specific court, charge, and evidence.

Possible Defense Issues in a Miami Criminal Case

A criminal defense does not come from a standard checklist. The right approach depends on what happened and what the evidence can prove.

Depending on the case, an attorney may examine:

Police Conduct

Whether police had lawful grounds for a stop
Whether officers had legal authority to conduct a search
Whether officers followed proper arrest procedures
Whether statements were obtained lawfully

Physical and Electronic Evidence

Whether testing methods and equipment were reliable
Whether investigators properly collected and preserved evidence
Whether video or electronic records provide full context
Whether evidence was altered, lost, or handled improperly

Required Parts of the Charge

Whether the accused knew about or controlled the item involved
Whether prosecutors can prove criminal intent
Whether prosecutors can connect the accused to the alleged conduct
Whether another person may have committed the alleged act

Witness Testimony

Whether witnesses gave consistent accounts
Whether a witness had a reason to provide false information
Whether available records support or contradict the witness
Whether an identification was reliable

Finding a possible issue does not guarantee dismissal or another specific result. Still, a detailed investigation can help the accused understand the evidence, available defenses, and possible paths forward.

Why Early Legal Help Can Matter

You do not always need to wait for an arrest or formal charge to contact a lawyer.

A person may learn about an investigation through:

Direct Contact From Authorities

A request for an interview
Contact from a detective or federal agent
A request to surrender

Legal or Investigative Documents

A search warrant
A subpoena
A demand for records or electronic information

Actions Involving Other People or Property

Questions directed to an employer or business partner
Seizure of a phone, computer, records, or funds
Notice that another person has been arrested

Early legal representation may allow an attorney to communicate with investigators, help the client avoid unnecessary statements, preserve evidence, and prepare for possible court proceedings.

A lawyer may also help arrange a voluntary surrender when appropriate. This can provide time to address practical concerns and prepare for an initial court appearance.

How Gimenez & Carrillo Can Help

Gimenez & Carrillo can review the arrest, investigation, court record, and available evidence. The firm can then explain the charges and build a defense plan based on the facts.

Immediate Representation

The criminal defense team may:

Explain the charge and possible consequences
Communicate with law enforcement or prosecutors
Assist with surrender and custody arrangements
Represent the client at a bond hearing

Investigation and Evidence Review

The firm may also:

Obtain and review discovery
Examine searches, stops, testing, and statements
Interview witnesses and preserve evidence
Review financial and electronic records

Court Preparation

When appropriate, the legal team may:

File pretrial motions
Discuss possible resolutions
Prepare the case for trial
Represent the client during court proceedings

Client Guidance

Throughout the case, the firm can:

Explain important developments
Discuss available options
Prepare the client for hearings
Keep the client informed about the case

The goal is to protect the client’s rights and provide clear guidance at each stage. No lawyer can promise a particular result. However, careful preparation can help the client make informed decisions.

Criminal Defense Led by Joseph G. Tesmond, Esq.

The firm’s criminal defense team is led by Joseph G. Tesmond, Esq..

Mr. Tesmond has lived in Miami since 1982 and graduated from the University of Miami School of Law in 1986. He spent 12 years as an Assistant Public Defender in Miami-Dade County and became a Felony Division Training Attorney before entering private practice.

His criminal defense work includes state and federal cases involving DUI, drug trafficking, fraud, money laundering, theft, weapons allegations, robbery, and other serious charges.

This local and courtroom experience helps the firm understand how criminal cases move through the Miami-Dade justice system.

Areas We Serve Near Miami

From its Miami office, Gimenez & Carrillo serves clients throughout Miami and Miami-Dade County.

Central Miami

Downtown Miami
Brickell
Little Havana
Wynwood
Edgewater
Midtown Miami

South Miami-Dade Communities

Coconut Grove
Coral Gables
South Miami
Kendall
Pinecrest
Key Biscayne

Western Miami-Dade Communities

Doral
Sweetwater
Westchester

Northern and Coastal Communities

Hialeah
Miami Lakes
North Miami
Miami Beach

The firm also assists people facing charges arising from incidents near major roads, entertainment districts, shopping areas, residential communities, and other high-traffic parts of South Florida.

Frequently Asked Questions About Miami Criminal Defense

Should I Speak With Police If I Believe I Am Innocent?

You should consider speaking with a criminal defense lawyer before answering questions about an alleged offense.

Even an innocent person may provide an incomplete or unclear statement that investigators later interpret differently. You can remain respectful while stating that you want to speak with an attorney.

Can a Lawyer Help Before Criminal Charges Are Filed?

Yes. A lawyer may be able to help during the investigative stage, before an arrest or formal charge.

This may include communicating with investigators, responding to interview requests, reviewing subpoenas, preserving evidence, or arranging a voluntary surrender when appropriate.

What Is the Difference Between a Misdemeanor and a Felony in Florida?

A misdemeanor is generally less serious than a felony, but it can still lead to jail, probation, fines, and a criminal record.

A felony may carry a possible state prison sentence and other long-term consequences. The exact charge level and penalties depend on the offense and facts of the case.

Can a Miami Criminal Defense Lawyer Help With an Emergency Bond Hearing?

A lawyer may represent an arrested person at a first appearance or bond hearing.

The lawyer can review the charge, gather information about community ties, and present arguments about release conditions. However, the judge makes the final bond decision.

Can a DUI Charge Affect My Driver’s License Before the Criminal Case Ends?

Yes. A DUI arrest may create both a criminal court case and a separate driver-license issue.

Different deadlines may apply. Because those deadlines can be short, a person arrested for DUI should seek legal advice promptly.

Speak With a Miami Criminal Defense Lawyer

You do not have to face a criminal investigation, arrest, or court hearing without legal guidance.

Gimenez & Carrillo, LLC can review your situation, explain the next steps, and discuss how the firm may be able to help. Contact the Miami office for a free initial consultation.