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Criminal Defense Practice

Miami Criminal Defense Attorney

State and federal criminal defense in Miami-Dade, Broward, and the Southern District of Florida since 1989. Direct attorney involvement on every case, from the first call through resolution.

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First appearance happens within 24 hours of arrest in Miami-Dade. Bond is set and conditions of release are imposed at that hearing. Counsel present at the hearing can argue both.
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37+
Years of Practice
Florida Bar member since 1989
1989
Florida Bar Licensed
University of Miami School of Law
State & Federal
Court Admission
SDFL (1991), MDFL (2001)
Boutique
Practice Model
Direct attorney involvement
Common Questions

What Miami Clients Ask First

Just Arrested
My family member was just arrested in Miami-Dade. What do I do right now?+
Find out where they are being held and what they are charged with. First appearance happens within 24 hours of arrest, and a judge will set bond and conditions of release at that hearing. If you can reach them, tell them to stop talking. Jail calls are recorded and are used by the State Attorney's Office. Do not discuss the facts of the case on the phone. Do not post about it. Then call a lawyer, ideally before the first appearance. Arguing bond at the hearing is more effective than moving to modify it afterward. See our full guide on what to do in the first hours after an arrest and our Bail and Bond Guide.
The police want to talk to me but I have not been arrested. Should I?+
Get a lawyer before you say anything. Statements made to investigators before counsel is involved commonly become the strongest evidence the prosecution ends up with. People give them because they believe explaining will resolve the situation. In most cases, it does not. Officers are permitted to be untruthful with you during an interview about what evidence they have. You are not permitted to be untruthful with them. Pre-charge representation can sometimes prevent charges from being filed, narrow what gets charged, or ensure that whatever you say is said with counsel present. Declining to speak is not evidence of guilt and cannot be used against you.
What happens at a first appearance hearing in Miami-Dade?+
Within 24 hours of an arrest, a judge reviews whether probable cause supported it, advises the defendant of the charges, addresses counsel, and sets bond along with conditions of release. Miami-Dade conducts felony bond hearings by video link from the pretrial detention center. Conditions can include no-contact orders, surrender of firearms, travel restrictions, or house arrest. Counsel at the hearing can present context about employment, family ties, and community roots that the arrest affidavit does not contain. A bond set too high at first appearance is harder to reduce later. More detail is in our full Bail and Bond Guide.
Charges and Consequences
What is the difference between a felony and a misdemeanor in Florida?+
Misdemeanors carry up to one year in county jail and are heard in Miami-Dade County Court. Felonies carry more than one year, are served in state prison, and are heard in circuit criminal court. Felonies are graded by degree, from third-degree up through first-degree, life, and capital, and each degree carries a different statutory maximum. The distinction affects more than the sentence. A felony conviction affects firearm rights, voting rights, professional licensing, immigration status, employment, and eligibility to seal or expunge the record later. See our full Legal Terms Glossary for more Florida legal definitions.
Can I avoid jail time on a felony charge in Florida?+
It depends, on the charge, the offer, the prior record, and the strength of the defense. Florida's Criminal Punishment Code scores an offense to determine whether a prison sentence is presumed. A score below the threshold allows the court to impose probation, county jail, or a non-prison sanction. Drug court, veterans court, and pretrial diversion are available in Miami-Dade for appropriate cases. Mandatory minimums, including drug trafficking weights, 10-20-Life firearm enhancements, and prison releasee reoffender designations, cannot be negotiated away through an ordinary plea and require a different approach. A prison releasee reoffender, habitual violent felony offender, violent career criminal, or three-time violent felony offender designation also requires career offender registration after release under Fla. Stat. § 775.261, which SB 1332 tightened on October 1, 2026.
Should I take the plea offer the prosecutor gave me?+
Not without counsel reading the discovery first. That decision requires knowing what the State can prove, not what they say they can prove. An offer that sounds reasonable may be more than the case is worth once the evidence is examined. An offer that sounds harsh may be the right move given what is coming at trial. The sentence is also not always the most important term. A plea can carry immigration consequences that end in deportation, professional licensing consequences that end a career, and a permanent record. Those have to be evaluated before anything is signed.
Will a criminal charge in Miami affect my immigration status?+
It can. Certain convictions can trigger removal proceedings, bar naturalization, or prevent reentry, and this can be true even where the sentence involves no jail at all. A withheld adjudication under Florida law may still count as a conviction for federal immigration purposes. The charge itself, the disposition, and the person's status all carry weight. The immigration consequences have to be analyzed as part of the plea decision rather than after it. A resolution that looks acceptable on its face can still trigger removal. See our related coverage on how a criminal charge can affect immigration status.
Can a criminal record be cleared in Florida?+
Sometimes. Florida allows record sealing and expungement in limited circumstances, and eligibility depends on how the case ended, what the charge was, and the person's overall history. Cases that were dropped, dismissed, or resulted in acquittal are the strongest candidates. A withheld adjudication may allow sealing. An actual conviction generally cannot be sealed or expunged, and certain offenses are statutorily excluded regardless of the outcome. A person is generally limited to one sealing or expungement in a lifetime. The process runs through an FDLE certificate of eligibility followed by a petition to the court. See our full Expungement and Record Sealing page and the Legal Terms Glossary for the precise distinction between the two.
State, Federal, and the Firm
Does the firm handle federal criminal cases in Miami?+
Yes. Andre has been admitted to the U.S. District Court for the Southern District of Florida since 1991 and the Middle District since 2001. Federal practice requires separate admission and operates as a different system. Sentences are driven by the Federal Sentencing Guidelines rather than a Florida scoresheet. There is no parole, and a defendant serves roughly 85 percent of the sentence imposed. Mandatory minimums under Section 924(c) and drug quantity provisions are severe. Federal cases also commonly begin long before any arrest, through grand jury investigation or a target letter, and defense counsel can do the most during that pre-indictment period.
How do I know if my case is state or federal?+
Look at who arrested you and who is prosecuting. State cases in Miami-Dade are brought by the Miami-Dade State Attorney's Office and heard in the Eleventh Judicial Circuit. Federal cases are brought by the United States Attorney's Office, heard in the U.S. District Court for the Southern District of Florida, and generally investigated by federal agencies. Some conduct can be charged in either system, and occasionally in both. The same drug or firearm offense can carry very different exposure depending on which sovereign brings it.
What does a criminal defense attorney cost in Miami?+
It depends on the charge, the court, the complexity of the discovery, and whether the case is expected to resolve by plea or proceed to trial. Many criminal matters are handled on a flat fee structured in phases, so the cost is predictable and you are not billed hourly while waiting on a court date. A misdemeanor and a federal indictment are not comparable engagements. The fee, what it covers, and what would change it are discussed at the initial consultation, which is free and carries no obligation to retain.
Will I work directly with Andre, or get passed to someone else?+
You work with Andre. The firm is a boutique practice by design. Andre conducts each consultation, reads the discovery himself, prepares the motions, argues them, and appears in court on the case. There is no associate or paralegal standing in for the substantive defense work, and no case manager between you and your lawyer. In criminal defense, the person arguing a suppression motion needs to know the file in detail, and a client needs to be able to reach their lawyer.
Boutique Practice

Direct attorney involvement on every Miami case.

Criminal defense requires sustained attention from someone who has read the file in detail. The Law Offices of Andre A. Rouviere is a boutique practice by design. Andre handles each consultation personally, reviews the discovery, prepares the motions, and appears in court at the Richard E. Gerstein Justice Building himself.

Calls reach Andre directly without a screening service or junior intake. The same attorney who takes the call handles the case through resolution.

After an Arrest in Miami-Dade

The First 48 Hours Set the Case

An arrest in Miami-Dade moves quickly. Most of what happens in the first two days happens whether or not a lawyer is involved. Counsel changes what can be argued during that window.

Hour 0

Arrest and Booking

Processing at a Miami-Dade facility such as the Turner Guilford Knight Correctional Center. Anything said to law enforcement here becomes evidence. The right to remain silent applies from this point forward.

Within 24h

First Appearance

A judge reviews probable cause, sets bond, and imposes conditions of release. Miami-Dade conducts felony bond hearings by video from the pretrial detention center. Counsel at this hearing can argue bond amount and conditions. Modifying them later is harder.

21 Days

Filing Decision

The Miami-Dade State Attorney's Office decides what to formally charge. That is not always what the arrest was for. Charges can be increased, reduced, or declined. Contact with the assigned prosecutor before the decision is one of the most useful things a defense lawyer does.

More on the bond hearing in our full Bail and Bond Guide and Criminal Case Timeline, and on the immediate steps after an arrest in what to do if you are arrested in Miami-Dade County. To find someone in custody, see our Miami-Dade Jail Guide, and to check whether a warrant exists, see our Warrant Search guide. If you cannot afford a lawyer, see our guide to public defender or private lawyer in Miami-Dade.

Criminal Defense Areas

Charges the Firm Defends in Miami-Dade

Each area below has a page covering the statutes, the penalties, and the defenses that apply. State court in the Eleventh Judicial Circuit and federal court in the Southern District of Florida.

General Criminal Defense

For Miami-Dade cases that do not fit one charge category, are still developing, or involve overlapping issues.

Explore General Defense →

DUI & Traffic Defense

Florida DUI under § 316.193 plus the parallel DHSMV license suspension. Extreme speeding is now criminal under the super speeder law.

Explore DUI & Traffic →

Drug Charges

Possession, possession with intent, and trafficking under Florida Chapter 893. Mandatory minimums attach at trafficking weights.

Explore Drug Charges →

Domestic Violence Charges

Florida is a no-drop state. The complaining party cannot dismiss the charge, a point explained in our post on whether a victim can drop charges in Florida. Federal firearm prohibition under § 922(g) can follow a conviction.

Explore DV Defense →

Violent Crimes

Aggravated assault, battery, robbery, and kidnapping. Florida's 10-20-Life firearm enhancements carry mandatory minimums.

Explore Violent Crimes →

Federal Crimes

Federal investigations, indictments, and sentencing in SDFL and MDFL under the Federal Sentencing Guidelines.

Explore Federal Crimes →

White Collar Crimes

Healthcare fraud, securities fraud, embezzlement, money laundering, and tax offenses in Miami state and federal court.

Explore White Collar →

Sex Crimes Defense

Sexual battery, lewd acts, internet offenses, and registration consequences. Cases requiring discreet and careful defense.

Explore Sex Crimes Defense →

Weapon Charges

Florida firearm offenses, 10-20-Life enhancements, and federal § 922(g) felon-in-possession prosecutions in SDFL.

Explore Weapon Charges →

Theft & Fraud Charges

Petit theft, grand theft, identity theft, and federal wire and mail fraud. Charge level turns on the dollar value.

Explore Theft & Fraud →

Juvenile Defense

Miami-Dade juvenile delinquency cases and direct file decisions, where a prosecutor can move a child into adult court.

Explore Juvenile Defense →

Probation Violations

VOP hearings carry no jury, a lower burden of proof, and exposure to the full original sentence.

Explore Probation Defense →

Appeals & Post-Conviction

Direct appeals to the Third District Court of Appeal, motions for new trial, and post-conviction relief.

Explore Appeals →

Expungement & Sealing

Florida record sealing and expungement. Eligibility analysis, FDLE certificate applications, and the court petition.

Explore Expungement →
State vs. Federal Practice

Two Court Systems, Different Rules

A Miami criminal case can proceed in Florida state court or in federal court. The two systems have different rules, timelines, and sentencing structures. The firm handles both.

Eleventh Judicial Circuit

Florida State Court

  • Felonies in circuit criminal, misdemeanors in county court, both at the Richard E. Gerstein Justice Building
  • Prosecuted by the Miami-Dade State Attorney's Office
  • Florida Statutes Ch. 893 (drugs), 784 (assault), 812 (theft), 316.193 (DUI)
  • Sentencing under the Florida Criminal Punishment Code scoresheet
  • Mandatory minimums for trafficking weights, 10-20-Life, and PRR
  • Drug court, veterans court, and pretrial diversion available in appropriate cases
  • Appeals go to the Third District Court of Appeal
Southern District of Florida

Federal Criminal Court

  • Cases heard in the SDFL courthouses, including Miami
  • Prosecuted by the United States Attorney's Office
  • Title 18 (general crimes), Title 21 (drugs), Title 26 (tax)
  • Federal Sentencing Guidelines drive the range
  • No parole. Defendants serve roughly 85 percent of the sentence
  • Mandatory minimums under § 924(c), drug quantity, and RICO
  • Cooperation under § 5K1.1 can go below a mandatory minimum
How Cases Are Handled

What the Defense Work Involves

Criminal cases turn on evidence, timing, and posture. The constitutional issues get identified early, the discovery gets read line by line, and the case gets positioned before any negotiation begins.

Pre-Filing

The window between arrest and the State Attorney's filing decision is short, and people commonly overlook it. What the police arrested for and what the State ultimately files can turn out to be two different things. A defense lawyer who reaches the assigned prosecutor before that decision can present exculpatory material, correct factual errors in the arrest affidavit, and argue for a lesser charge or no charge. Once the information is filed, that opportunity closes.

Investigation

Discovery review, witness interviews, evidence preservation, and identifying the constitutional and procedural issues that can be raised before trial. What the police did, what they have, and what they cannot prove is the foundation for everything else. In Florida felony cases, defense counsel can also depose the State's witnesses before trial as part of discovery. That is a substantial tool and many defendants do not know it exists. Discovery now increasingly includes digital evidence: see our post on whether AI chat logs can be used against you in a criminal case.

Strategy

Identifying the strongest defense theory and the weakest point in the State's case. Decisions about outside witnesses, pretrial motions, and negotiating posture are made here. A case with a strong suppression issue moves differently from one that turns on disputed facts in front of a jury, and the two require different preparation.

A successful suppression motion can end the case entirely, without a trial and without a jury.

Pretrial Litigation

Motions to suppress, motions to dismiss, motions in limine. Most of the case-shaping work happens here. Suppress the stop and the evidence found afterward goes with it. Win a motion in limine and the State's most damaging evidence does not reach the jury. Prosecutors reassess cases when evidence they were counting on comes into doubt.

Resolution

Trial, negotiated plea, diversion, or dismissal. Which path makes sense depends on the strength of the case at that stage, the offer on the table, and what the client needs from the outcome. The shortest sentence is not always the right result. Immigration consequences, professional licensing, and employment can matter more, and they have to be weighed before anything is signed.

Locations We Serve

Criminal Defense Across South Florida

Courthouses, arresting agencies, and local procedures differ from city to city. Each page below covers the courts, the police agencies, and the local details for that area.

Richard E. Gerstein Justice Building, the criminal courthouse in downtown Miami
Richard E. Gerstein Justice Building, Miami

Miami-Dade County

Criminal cases filed in the Eleventh Judicial Circuit, centered at the Richard E. Gerstein Justice Building in downtown Miami.

Miami → Coral Gables → Aventura → North Miami → Hialeah → Doral → Miami Beach → Key Biscayne → Coconut Grove → Pinecrest → Cutler Bay → South Miami → Homestead → Redland → Kendall → Palmetto Bay → North Miami Beach →
Downtown Fort Lauderdale street view, near the Broward County Courthouse
Downtown Fort Lauderdale

Broward County

Criminal cases filed in the 17th Judicial Circuit and heard at the Broward County Courthouse in Fort Lauderdale.

Fort Lauderdale → Hollywood →

The full list of communities served is on the Areas We Serve page.

Speak With Andre

Direct attorney access at (305) 774-7000

First appearance happens within 24 hours of an arrest in Miami-Dade. Initial consultations are free and confidential, with no obligation to retain. Calling early in a matter tends to create more options than calling late. The firm maintains a 24-hour answering service. See whether you can call a lawyer and ask a question for free for what a first call covers.

Call (305) 774-7000 Request Confidential Consultation
Client Reviews

What Our Clients Say

Verified Google reviews from clients represented by the firm across Miami-Dade and South Florida. See our full client testimonials page for more.

 
 
 
 
 
 
 
  
 
 
 
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 Eddy's Dogs aka Eddy's K9 Rescue profile picture 
 
 
 Eddy's Dogs aka Eddy's K9 Rescue 
 
 
 
 Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google. 
Absolutely recommend this law firm. They handled my case and I was amazed at the attention and information I got. I highly recommend them and will be using their services again.
  
 
  
 
 
 
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 Carlos Zaldivar profile picture 
 
 
 Carlos Zaldivar 
 
 
 
 Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google. 
Andre is an exceptional lawyer.  Andre represented me in a civil case and did an exceptional job when I was told not to bother with a suit.  Andre succeeded, and I got my money back.  I send all my friends to Andre
  
 
  
 
 
 
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 Bob R profile picture 
 
 
 Bob R 
 
 
 
 Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google. 
Andre has represented me, my family and friends on several legal matters. He is always available to provide sound, practical advice and more than willing and able to fight for you when necessary. It’s reassuring to have a qualified, experienced lawyer in my corner to protect me and my interests when I need it.

Owner's reply
Bob, thank you. Clients who return and who send their family and friends give me the highest compliment. I’m grateful for your confidence and I’m always here if you need me.
  
 
  
 
 
 
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 Phil Glatzer profile picture 
 
 
 Phil Glatzer 
 
 
 
 Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google. 
As an attorney, I have often referred my clients to André for legal work that I myself cannot handle and everyone has always been very satisfied with his representation. I highly recommend him.

Owner's reply
Thanks Phil. A referral from a colleague who knows the work means a great deal to me. I take every case you send my way seriously, and I’m glad the clients were well served.
  
 
  
 
 
 
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 Pedro Carrera profile picture 
 
 
 Pedro Carrera 
 
 
 
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I can always count on him. An honest lawyer.

Owner's reply
Thanks Pedro.
  
 
  
 
 
 
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 Gabriel Hernandez profile picture 
 
 
 Gabriel Hernandez 
 
 
 
 Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google. 
Extremely quick and efficient . My ticket was handed and I didn’t have to worry about it once. His staff is also super helpful giving multiple updates on the status

Owner's reply
It's great to hear you were pleased. We are happy we were able to take the burden off your shoulders and resolve your issue for you.
  
 
  
 
 
 
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 Andrew Varela profile picture 
 
 
 Andrew Varela 
 
 
 
 Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google. 
An amazing attorney who gives every case the care and attention it deserves. His attention to detail is exceptional, and it’s clear that he takes pride in his work and truly cares about his clients. I highly recommend him to anyone looking for a dedicated, thorough, and attentive attorney!

Owner's reply
I really appreciate that Andrew. Thank you.
  
 
  
 
 
 
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 Daniel Hernandez profile picture 
 
 
 Daniel Hernandez 
 
 
 
 Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google. 
I highly recommend this law firm! I had a ticket, and they kept me updated and got it dismissed. Kaylee was my go-to for communication, and Andre is excellent at what he does.

Owner's reply
Thanks Daniel. I am glad we were able to resolve your issue.