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Criminal Defense Practice

Criminal Defense in Miami, Florida

State and federal criminal defense across Miami-Dade and South Florida since 1989. Direct attorney involvement on every case.

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35+
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
Boutique Practice

One attorney involved on every case.

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

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

Criminal Defense Areas

Charges and Cases the Firm Defends

Each area below has its own page with the specific statutes, penalties, and defense considerations involved.

General Criminal Defense

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

Explore General Defense →

DUI & Traffic Defense

Florida DUI cases under § 316.193 plus the parallel DHSMV license suspension. 10-day clock applies.

Explore DUI Defense →

Drug Charges

Possession, possession with intent, trafficking, and federal drug cases. Mandatory minimums apply at trafficking weights.

Explore Drug Charges →

Domestic Violence

DV criminal charges and federal firearm prohibition under § 922(g) often applies in DV convictions.

Explore DV Defense →

Violent Crimes

Aggravated assault, battery, robbery, kidnapping, and 10-20-Life mandatory firearm enhancements.

Explore Violent Crimes →

Federal Crimes

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

Explore Federal Crimes →

White Collar Crimes

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

Explore White Collar →

Sex Crimes

Sexual battery, lewd acts, internet sex crimes, and registration requirements. Cases requiring careful, discreet defense.

Explore Sex Crimes Defense →

Weapon Charges

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

Explore Weapon Charges →

Theft & Fraud

Petit theft, grand theft, identity theft, embezzlement, and federal wire and mail fraud charges.

Explore Theft & Fraud →

Juvenile Defense

Florida juvenile delinquency cases, direct file decisions, and protecting a young person's record and future.

Explore Juvenile Defense →

Probation Violations

VOP hearings, technical and substantive violations, and avoiding the original sentence's full exposure.

Explore Probation Defense →

Appeals & Post-Conviction

Direct appeals, motions for new trial, and post-conviction relief in Florida and federal courts.

Explore Appeals →

Expungement & Sealing

Florida record sealing and expungement. Eligibility analysis, FDLE applications, and court petitions.

Explore Expungement →
Most criminal cases are not won at trial. They are resolved earlier, through suppression motions, charge reductions, diversion, or dismissal. The work to get there is what determines the outcome.
Andre A. Rouviere · Attorney
State vs. Federal Practice

Two Court Systems, Different Rules

Federal practice has different rules, deadlines, and sentencing structures from state court. The firm handles both.

Florida State Court

State Criminal Cases

  • Cases heard at the Richard E. Gerstein Justice Building
  • Florida Statutes Chapter 893 (drugs), 784 (assault), 812 (theft), 316.193 (DUI)
  • Sentencing guidelines under Florida Punishment Code
  • Parole and gain time may apply
  • Mandatory minimums for trafficking, 10-20-Life, and PRR
  • Plea, trial, or pretrial diversion all possible outcomes
U.S. District Court

Federal Criminal Cases

  • Cases heard in SDFL and MDFL federal courthouses
  • U.S. Code Title 18 (general crimes), 21 (drugs), 26 (tax)
  • Federal Sentencing Guidelines determine the range
  • No parole; defendants serve approximately 85% of sentence
  • Mandatory minimums under § 924(c), drug quantities, RICO
  • § 5K1.1 cooperation can reduce sentences below mandatory minimums
How Cases Are Handled

What the Defense Work Actually Is

Criminal cases are built on evidence, timing, and pressure. The cases that resolve well, on either side of trial, share the same underlying pattern. The constitutional issues get identified early, the discovery gets read carefully, and the case gets postured so the prosecution has to take it seriously.

Investigation

Discovery review, witness interviews, evidence preservation, and identifying the constitutional and procedural issues that can be raised pretrial. The decisions made in the first 48 hours often shape what comes next. What the police did, what they have, and what they cannot prove is the foundation everything else gets built on.

Strategy

Identifying the strongest defense theory and the weaknesses in the prosecution's case. Decisions about expert witnesses, pretrial motions, and posture for negotiation get made here. Cases with strong suppression issues or charging defects move differently than cases that turn on disputed facts at trial.

Pretrial hearings often resolve cases before trial or shape what evidence can be used.

Pretrial Litigation

Motions to suppress, motions to dismiss, motions in limine. The pretrial phase is where most of the case-shaping work happens. A successful suppression motion can dispose of the case entirely. A motion in limine can keep the prosecution's strongest evidence away from the jury.

Resolution

Trial, plea negotiation, or pretrial disposition. Which path makes sense depends on the strength of the case at that point, the offer on the table, and what the client actually wants out of the matter. The work that produces a workable outcome was done in the months before, not in the negotiation itself.

Common Questions

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Florida?+
In Florida, misdemeanors carry up to one year in county jail. Felonies carry more than one year and are served in state prison. Felonies are graded by degree (capital, life, first, second, third) and each degree has its own statutory maximum. The classification affects sentencing exposure, gun rights, voting rights, and the ability to seal or expunge later.
Will I work directly with Andre on my case?+
Yes. The firm is intentionally a boutique practice. Andre conducts each consultation, prepares the motions, reviews discovery, and appears in court on the case. There is no junior associate or paralegal substitution for the substantive defense work.
How much does a criminal defense attorney cost?+
Fees depend on the complexity of the case, the charge level, the court (state vs. federal), and whether the case is likely to resolve through plea or go to trial. Many criminal cases are handled on flat-fee structures with phases. Specifics are discussed openly at the initial consultation.
Can I avoid jail time on a felony charge?+
It depends on the charge, the prosecutor's offer, the client's criminal history, and the strength of the defense. Florida's sentencing structure allows for probation, county jail, drug court, and pretrial diversion in many cases. Mandatory minimums (such as drug trafficking weights or 10-20-Life enhancements) cannot be avoided through standard plea bargains and require different strategy.
Should I take the plea offer the prosecutor gives me?+
That decision should never be made without counsel reviewing the discovery, evaluating the strength of the government's case, and explaining the realistic outcome at trial. A plea offer that looks reasonable may be far more than the case is actually worth, and an offer that looks harsh may still be the right move depending on the evidence.
Does the firm handle federal criminal cases?+
Yes. Andre is admitted to the U.S. District Court for the Southern District of Florida (since 1991) and the Middle District of Florida (since 2001). Federal cases require separate admission and operate under the Federal Sentencing Guidelines, with different rules and time pressures than state court.
What should I do if I am being investigated but have not been arrested?+
Engage counsel immediately. Statements made to investigators before a lawyer is involved are typically the strongest evidence the prosecution has. Pre-charge representation can sometimes prevent charges from being filed, narrow the scope of charges, or position the defense early.
Can a criminal record be cleared in Florida?+
Florida allows record sealing and expungement in limited circumstances. Eligibility depends on the disposition of the case (dropped, acquitted, withhold of adjudication), the type of charge, and the person's overall criminal history. The firm handles eligibility analysis, FDLE applications, and court petitions.
Speak With Andre

Direct attorney access at (305) 774-7000

Initial consultations are free and confidential, with no obligation to retain. Calling early in a matter usually creates more options than calling late.

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