Miami State Criminal Defense Attorney
If you or someone in your family has just been booked into the Miami-Dade jail, the next 48 hours matter more than most people realize, because the first appearance, the bond decision, and the first conversation with a prosecutor all happen before anyone has seen a single page of evidence. The Law Office of Nayib Hassan, P.A. handles serious criminal charges in the state courts of Miami-Dade County and throughout South Florida, and a good Miami state criminal defense attorney needs to understand which court your case landed in and what the prosecutor is likely to do with it.
Miami-Dade cases move through the Eleventh Judicial Circuit. Felonies go to the Circuit Criminal Division, which hears any case where the penalty can reach a year or more in state prison. Misdemeanors go to County Criminal courts, which sit at the Richard E. Gerstein Justice Building and at branch locations including Miami Beach, Hialeah, and Coral Gables. The difference between those two tracks, and the difference between a first-degree misdemeanor and a third-degree felony, often comes down to a single fact such as the value of an item, the weight of a substance, or the date on a calendar.
Why Choose Nayib Hassan for Miami State Court Defense
The Law Office of Nayib Hassan, P.A. is a criminal defense firm led by attorney and founder Nayib Hassan, who represents individuals charged in Miami, Miami-Dade County, and across South Florida, including Broward, Palm Beach, and Monroe Counties. Clients range from first-time defendants to business owners and professionals with careers and licenses at stake. Mr. Hassan is a former Broward County Assistant State Attorney with more than 20 years inside the criminal justice system. As a prosecutor he handled thousands of cases and tried hundreds to verdict, so he knows how a state attorney’s office weighs a file, what makes a case hard to try, and when a prosecutor is bluffing about a plea offer.
That background carries into every state case the firm takes. Mr. Hassan is recognized among the Top 100 Trial Lawyers by The National Trial Lawyers, holds a 10.0 Avvo rating, and serves on the Miami board of the Florida Association of Criminal Defense Lawyers. He teaches as an adjunct professor at St. Thomas University and has presented continuing legal education programs to other defense attorneys. He has represented defendants in multi-defendant drug cases, including matters where charges were dismissed and a case where his client received one of the lowest sentences among all codefendants. His cases have drawn coverage from The Wall Street Journal, The New York Times, CNN, and the Miami Herald.
The firm intentionally limits its caseload, so the attorney you hire is the attorney handling your file, and it is available 24 hours a day, 7 days a week. Mr. Hassan is fluent in Spanish and speaks directly with clients and their families without an interpreter. A confidential consultation is available for anyone with a pending case or an open investigation.
State Charges We Defend in Miami-Dade County
- DUI: Under Fla. Stat. 316.193, a driver can be charged for a breath or blood alcohol level of 0.08 or more, or on proof that normal faculties were impaired even if the number is lower. A first conviction carries a fine of $500 to $1,000, rising to $1,000 to $2,000 if the level was .15 or higher or a minor was in the vehicle, plus a license revocation of at least 180 days and up to one year. Judges cannot accept a plea to a lesser-included offense in a DUI case, which shapes how these cases are resolved.
- Cannabis Possession: Possessing 20 grams or less is a first-degree misdemeanor under Fla. Stat. 893.13, as is delivering that amount without payment. Above 20 grams the charge becomes a felony, so the weighed amount, and how it was weighed, deserves scrutiny.
- Cocaine Trafficking: Knowingly possessing, selling, or bringing 28 grams or more of cocaine or a mixture containing it into Florida is a first-degree felony under Fla. Stat. 893.135. The mandatory minimums step up by weight: 3 years and a $50,000 fine at 28 grams, 7 years at 200 grams, and 15 years at 400 grams. Because the mixture weight counts, lab testing and chain of custody are often the heart of the defense.
- Theft Offenses: Under Fla. Stat. 812.014, property worth $100 to under $750 is petit theft, a first-degree misdemeanor, unless taken from a dwelling, in which case it is third-degree grand theft. Value of $750 to under $20,000 is a third-degree felony, $20,000 to under $100,000 is a second-degree felony, and $100,000 or more is a first-degree felony. Disputes over value are common and can move a case from one category to another.
- Drug Crimes Beyond Cannabis: Possession, sale, and conspiracy charges involving other controlled substances often turn on whether the State can prove the substance was in your actual or constructive possession, and whether the stop or search that produced it was lawful.
- Violent Crimes: Assault, battery, and related allegations frequently rest on one or two witnesses, which makes credibility, self-defense, and the timing of the accusation central issues.
- Firearm Offenses: State firearm charges often arise from traffic stops, domestic calls, or searches of vehicles and homes, and suppression motions can decide the outcome.
- Record Sealing and Expunction: After a case ends, eligible clients can pursue clearing the record, a process with strict preconditions covered below.
What to Do in the First Days After a Miami Arrest or Investigation
Say nothing substantive to police or investigators beyond identifying yourself and asking for a lawyer. Statements made in the first hour after an arrest are the ones prosecutors rely on most, and they are almost never helpful to the person who gave them. Do not consent to a search of your phone, car, or home, and do not explain your side to a detective who says it will clear things up.
If the arrest was made in Miami-Dade, the first hearing comes quickly. Misdemeanor jail arraignments are held Monday through Friday at 9 a.m. and 1:30 p.m. in Courtroom 5-3 on the fifth floor of the Richard E. Gerstein Justice Building, and felony bond hearings on weekends and holidays take place once a day in Courtroom 1-5 on the first floor, right after the morning misdemeanor session. Having a lawyer prepared with employment records, proof of residence, and family ties for that bond argument can change whether a person goes home or sits in custody for weeks.
Gather and preserve anything tied to the accusation: text messages, receipts, photographs, names of people who were present, and any paperwork you were handed at arrest. Write down your own timeline while your memory is fresh, and give it only to your lawyer. Write down every court date and deadline, because a missed appearance creates a new problem on top of the original charge.
Time limits also matter, from both sides. Florida sets deadlines for the State to bring charges: generally 2 years for a first-degree misdemeanor, 4 years for a first-degree felony, and 3 years for most other felonies, while life felonies, capital felonies, and felonies resulting in death have no deadline. Some categories carry longer periods, such as 5 years for certain insurance and workers’ compensation fraud felonies. If you learn you are under investigation but have not been charged, an attorney can assess whether the clock is running and can sometimes engage with the prosecutor before charges are filed. The mistakes we see most often are talking to investigators without counsel, posting about the case on social media, contacting the accuser directly, and assuming a minor charge can be handled alone when it could carry collateral consequences for a license or immigration status.
Clearing the Record: Sealing and Expunction Rules in Florida
A finished case does not always leave your record. Florida allows eligible people to seal or expunge a criminal history record, but the rules are narrow and the court has discretion to say no. Neither statute creates a right to relief.
The process starts with the Florida Department of Law Enforcement, not the court. You must apply to FDLE for a Certificate of Eligibility, and a judge cannot order sealing or expunction until you have received one. The certificate for sealing is valid for 12 months from its stamped date, after which you must reapply, so timing the court petition matters.
Several rules decide who qualifies. Anyone adjudicated guilty of a felony is not eligible, even if civil rights have been restored. Expunction covers one arrest or incident, unless additional arrests directly relate to the first. One path to expunction is a case in which no charging document was ever filed. A record sealed for at least 10 years can also be expunged if otherwise eligible, and that 10-year wait does not apply where no plea was entered, all charges were dismissed before trial, or there was an acquittal. Certain serious offenses cannot be sealed even if adjudication was withheld. This is a reason to think about the record at the plea stage: an outcome that withholds adjudication, or a dismissal, can preserve the option of clearing the record later in a way a conviction would not.
Frequently Asked Questions About Miami State Criminal Cases
What is the difference between a felony and a misdemeanor in Miami-Dade?
Felonies are heard in the Circuit Criminal Division and carry the possibility of a year or more in state prison. Misdemeanors are heard in County Criminal court and are generally capped at up to a year in county jail. A third-degree felony can bring up to 5 years, a second-degree felony up to 15, and a first-degree felony up to 30 years or life where a statute provides.
What are the maximum fines for Florida crimes?
The statutory maximums are $500 for a second-degree misdemeanor, $1,000 for a first-degree misdemeanor, $5,000 for a third-degree felony, $10,000 for a first- or second-degree felony, and $15,000 for a life felony. Specific offenses, such as drug trafficking, can carry their own larger fines.
Do I need a lawyer for a first DUI?
A first DUI can bring a fine, a revocation of at least 180 days, required DUI school before hardship reinstatement, and a permanent record. Because judges cannot accept a plea to a lesser-included offense in a DUI case, the practical options are litigating the stop, the testing, or the evidence of impairment, or resolving it through the prosecutor. A lawyer can evaluate each.
What happens to my license after a DUI conviction?
A first conviction without a death brings a revocation of at least 180 days and up to one year. A second conviction within five years of a prior one carries a five-year revocation. DUI manslaughter results in permanent revocation, and DUI with serious bodily injury or vehicular homicide carries three years.
Can a marijuana charge be a felony?
Yes. Possession of 20 grams or less is a first-degree misdemeanor, but larger amounts are charged as felonies. The weight the State claims is therefore a major fact to test.
How long can the State wait to charge me?
It depends on the offense. A first-degree misdemeanor must generally be charged within 2 years, a first-degree felony within 4 years, and most other felonies within 3 years. Life felonies, capital felonies, and felonies that resulted in a death can be charged at any time.
Can I get a weekend or holiday arrest bond set quickly?
Weekend and holiday felony bond hearings in Miami-Dade are held once a day, immediately after the 9 a.m. misdemeanor jail arraignments. A lawyer who is ready with documentation of your ties to the community gives the judge reasons to set a bond you can meet.
Will a state charge affect a professional license?
It can. Licensing boards for nurses, physicians, real estate agents, and other professionals often review arrests or convictions, and the outcome of the criminal case, including whether adjudication is withheld, can influence what the board does. Raise your license with your attorney at the start so the plea strategy accounts for it.
Can I expunge a case that was dropped?
Possibly. If the State never filed a charging document, or the charges were dismissed before trial, you may qualify, but you must first obtain a Certificate of Eligibility from FDLE, you generally can only expunge one arrest or incident, and the judge may still deny the request.
How long does a felony case take in Miami-Dade?
There is no fixed timeline. Cases that depend on lab results, cellphone extractions, or multiple witnesses take longer than those resolved on a motion to suppress or a negotiated disposition. Your attorney should tell you early what is driving the schedule in your case.
Do you handle only state cases?
No. The firm’s practice centers on serious federal criminal defense in the Southern District of Florida and federal courts across the country, and it handles state matters as well. A case that begins in state court can sometimes be adopted federally, so having a lawyer who works in both systems matters.
Serving Miami State Criminal Defense Clients Across South Florida
The firm represents people charged in Miami and throughout Miami-Dade County, from Hialeah and Doral to Miami Beach, Coral Gables, Kendall, Aventura, North Miami, Homestead, and Miami Gardens. Clients come from neighborhoods across the county, and misdemeanor cases are heard not only downtown but also at branch courthouses in Miami Beach, Hialeah, and Coral Gables, as well as the Harvey Ruvin Justice Center and the South Dade Justice Center.
The firm’s reach extends beyond Miami-Dade. Mr. Hassan represents clients in Broward County, whose cases are heard in the Seventeenth Judicial Circuit in Fort Lauderdale, and in Palm Beach County, where the Fifteenth Judicial Circuit sits in West Palm Beach. He also appears in Monroe County, served by the Sixteenth Judicial Circuit with courthouses in Key West, Marathon, and Tavernier. Because Florida cases sometimes have connections abroad, the firm also handles matters involving Colombia, Mexico, the Bahamas, Ecuador, and Cuba.
Speak With a Miami State Criminal Defense Lawyer Today
Charges filed in Miami-Dade County move on a fixed schedule, and the earliest decisions about bond, statements, and evidence are hard to undo. The Law Office of Nayib Hassan, P.A. is available around the clock, and a confidential consultation lets you sit down with the attorney who will actually handle your case. If you need a Miami state criminal defense lawyer who knows the Eleventh Judicial Circuit from both sides of the courtroom, call today so the work of building your defense can begin.