1. Hubbs Law, P.A.
Practice Focus: Criminal defense, DUI defense, immigration-related criminal matters, felony and misdemeanor defense
Case Types Handled: Felonies, misdemeanors, DUI/DWI, drug offenses, domestic violence, theft crimes, assault, battery, violent crimes, sex crimes, federal crimes
Legal Services: Trial defense, jury trials, bench trials, plea negotiations, motions practice, immigration consequences consultation, probation violation defense
Background: Attorney E.J. Hubbs is Board Certified in Criminal Trial Law by the Florida Bar, a distinction held by a small percentage of attorneys statewide. He is a former Assistant State Attorney and former Assistant Public Defender, providing comprehensive understanding of both prosecution and defense perspectives. He has tried over 100 non-jury trials and more than 50 jury trials. His practice includes both criminal defense and immigration law, allowing him to advise clients on criminal matters that may affect immigration status. Licensed in Florida and admitted to federal courts in the Southern District of Florida.
Location: 7900 N. Kendall Drive, Suite 305, Miami, FL 33156 (serves Hialeah)
Contact: (305) 570-4802 | https://www.hubbslaw.com/
Consultation: Free consultation available
2. Donet, McMillan & Trontz, P.A.
Practice Focus: Criminal defense, DUI defense, federal crimes, drug crimes, white collar crimes
Case Types Handled: Felonies, misdemeanors, federal crimes, DUI/DWI, drug possession, drug trafficking, domestic violence, assault, theft, fraud, white collar crimes
Legal Services: Trial defense, jury trials, federal court representation, plea negotiations, motions practice, appeals
Background: The firm has over 50 years of combined experience in criminal defense in Florida. The team of attorneys has represented clients in both state and federal courts throughout South Florida. Attorney Larry McMillan brings decades of experience to complex criminal cases. The firm maintains a Hialeah presence and serves clients throughout Miami-Dade County. Known for responsive communication and thorough case preparation.
Location: 2600 South Douglas Road, Suite 1106, Coral Gables, FL 33134 (serves Hialeah)
Contact: (305) 444-0030 | https://www.dmtlaw.com/
Consultation: Available 24/7
3. Hager & Schwartz, P.A.
Practice Focus: Criminal defense, DUI defense, domestic violence, drug crimes, sex crimes, federal crimes
Case Types Handled: Felonies, misdemeanors, federal crimes, DUI/DWI, drug possession, drug trafficking, domestic violence, sex crimes, assault, theft, white collar crimes
Legal Services: Trial defense, jury trials, federal court representation, plea negotiations, motions practice, record sealing and expungement
Background: Attorney John S. Hager is a founding partner and seasoned criminal defense attorney with legal experience that began in prosecution. He earned his J.D. from Nova Southeastern University and his undergraduate degree from the University of Florida. His prosecutorial background provides insight into how cases are built by the state. The firm serves clients in Miami, Broward, and Volusia Counties, including Hialeah residents. Member of prestigious legal associations with documented success in high-stakes felony cases.
Location: 3675 N. Country Club Drive, Suite 404, Aventura, FL 33180 (serves Hialeah)
Contact: (305) 330-1360 | https://www.hagerschwartz.com/
Consultation: Free consultation available
4. Wichman Law Firm
Practice Focus: Criminal defense, DUI defense, drug crimes, violent crimes, domestic violence, traffic offenses
Case Types Handled: Felonies, misdemeanors, DUI/DWI, drug possession, drug trafficking, domestic violence, assault, battery, theft, probation violations, traffic offenses
Legal Services: Trial defense, jury trials, plea negotiations, motions practice, DMV hearings, record sealing and expungement
Background: The firm has over 15 years of experience working criminal cases from start to finish. Attorneys are described as passionate about defending the rights of clients and willing to go to trial when justice requires it. The firm serves Hialeah and throughout Miami-Dade County. The approach focuses on providing honest assessments of case outcomes rather than unrealistic promises. Available for consultation on all criminal matters.
Location: Miami, FL (serves Hialeah and South Florida)
Contact: (305) 317-1529 | https://www.wichmanlawfirm.com/
Consultation: Free consultation available
5. The Ticket Clinic (DUI Division)
Practice Focus: DUI defense, traffic offenses, criminal traffic violations
Case Types Handled: DUI/DWI, traffic violations, reckless driving, driving with suspended license, hit and run, vehicular crimes
Legal Services: DUI defense, motions to suppress, DMV hearings, license reinstatement, plea negotiations, trial defense
Background: The Ticket Clinic DUI Division focuses on DUI and traffic-related criminal defense in Florida. The attorneys have extensive familiarity with the Hialeah court system. The firm has multiple locations throughout Florida and employs attorneys with specific knowledge of DUI law, field sobriety testing, breathalyzer procedures, and blood testing. Staff available during business hours to answer questions about cases.
Location: 3025 W. 76th Street, Suite 101, Hialeah, FL 33018
Contact: 1-800-999-6999 | https://www.floridaduilawyer.net/
Consultation: Consultation available
Criminal Defense Regulations in Florida
Bar Admission Requirements: Attorneys must pass the Florida Bar Examination and the Multistate Professional Responsibility Examination. Applicants must hold a J.D. from an ABA-accredited law school and pass character and fitness review by the Florida Board of Bar Examiners. Licensed attorneys must complete ongoing registration with The Florida Bar.
Public Defender System Structure: Miami-Dade County has a Public Defender’s Office that provides representation to indigent defendants. Hialeah is located in Miami-Dade County. Eligibility is determined by financial screening. Defendants who cannot afford private counsel and face potential incarceration are entitled to appointed counsel.
Specialty Certifications: The Florida Bar certifies attorneys as specialists in Criminal Trial Law. Certification requires substantial involvement in criminal trial practice for at least 5 years, completion of CLE in criminal law, favorable evaluation from judges and attorneys, and passage of a written examination.
Attorney Advertising Rules: Governed by the Rules Regulating The Florida Bar Chapter 4, Rules 4-7.1 through 4-7.5. Communications must not be false or misleading. Attorneys may not claim to be specialists unless certified by The Florida Bar.
Attorney-Client Privilege: Protected under Florida Statutes Section 90.502 and The Florida Bar Rules of Professional Conduct. Communications made for the purpose of rendering legal services are privileged.
Mandatory Continuing Legal Education: Florida attorneys must complete 33 hours of CLE every 3 years, including 5 hours of legal ethics and professionalism. Criminal law specialists may have additional requirements for maintaining certification.
Arraignment Timelines: Under Florida Rules of Criminal Procedure, a defendant must be brought before a magistrate within 24 hours of arrest for first appearance. At first appearance, the court advises the defendant of charges, rights, and sets bail conditions.
Discovery Rules: Governed by Florida Rules of Criminal Procedure 3.220. The state must disclose witness lists, witness statements, tangible evidence, reports, and exculpatory evidence. Florida has broad discovery obligations that allow defendants access to most of the state’s evidence.
Speedy Trial Requirements: Florida Rule of Criminal Procedure 3.191 provides specific speedy trial timeframes. For felonies, trial must commence within 175 days of arrest. For misdemeanors, trial must commence within 90 days of arrest. The defendant may waive speedy trial or request discharge if the deadline passes.
Bail and Pretrial Release: Governed by Florida Statutes Section 903 and Florida Rules of Criminal Procedure 3.131. Every defendant is entitled to pretrial release unless charged with a capital offense or crime punishable by life imprisonment where proof is evident. Release conditions may include recognizance release, supervised release, cash bond, or surety bond.
Felony Classification System: Florida classifies felonies as Capital, Life, First Degree, Second Degree, and Third Degree. Capital felonies carry life imprisonment or death. Life felonies carry life imprisonment. First degree felonies carry up to 30 years. Second degree felonies carry up to 15 years. Third degree felonies carry up to 5 years. Florida also has felony enhancement statutes that increase penalties for certain repeat offenders.
Death Penalty Status: Florida has the death penalty for first-degree murder with at least one aggravating circumstance. The state requires a unanimous jury recommendation for imposition of death penalty.
Record Sealing and Expungement Eligibility: Under Florida Statutes Sections 943.0585 and 943.059, certain records may be sealed or expunged. Expungement (complete destruction) is available if charges were not filed, were dismissed, or resulted in acquittal. Sealing (limited access) is available for many first-time offenders who completed probation or pretrial diversion. Only one sealing or expungement is permitted in a lifetime. Certain offenses are not eligible, including most violent crimes and sex offenses.
Certificate of Eligibility: Before filing a petition to seal or expunge, applicants must obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE), which confirms the person has no disqualifying prior criminal history.
Mandatory Minimum Sentencing: Florida has mandatory minimum sentences for drug trafficking based on drug type and quantity, 10-20-Life for crimes involving firearms, and enhanced penalties for certain habitual offenders.
Habitual Offender Laws: Florida Statutes Section 775.084 provides for enhanced sentencing for habitual felony offenders, habitual violent felony offenders, and violent career criminals based on prior conviction history.
Frequently Asked Questions
Q: How does the Hialeah criminal court process work after an arrest?
A: Hialeah is located in Miami-Dade County. Misdemeanor cases are typically handled at the Richard E. Gerstein Justice Building in Miami. After arrest, you will have a first appearance hearing within 24 hours where a judge advises you of charges and sets bond. For felonies, the State Attorney decides whether to file formal charges (information) or present the case to a grand jury for indictment. Your case then proceeds through arraignment, discovery, pretrial motions, and potentially trial. Miami-Dade County also has specialized divisions including Drug Court, Mental Health Court, and Domestic Violence Court.
Q: What are the penalties for DUI in Florida for Hialeah residents?
A: A first DUI conviction in Florida carries fines of $500 to $1,000, imprisonment up to 6 months, license revocation for 180 days to 1 year, mandatory DUI school, and possible ignition interlock device. If BAC was 0.15 or higher, fines increase to $1,000 to $2,000 and imprisonment up to 9 months. Second DUI within 5 years carries fines of $1,000 to $2,000, imprisonment up to 9 months (mandatory minimum of 10 days), and license revocation for at least 5 years. Third DUI within 10 years is a third-degree felony with fines up to $5,000 and imprisonment up to 5 years. Fourth and subsequent DUIs are felonies regardless of time between offenses.
Q: How does bail work in Miami-Dade County for someone arrested in Hialeah?
A: After arrest, you will appear before a judge within 24 hours for first appearance where bail is set. For most non-violent offenses, you may be released on recognizance or with a bond. Bond amounts vary based on the severity of the offense and the defendant’s criminal history. A bail bondsman typically charges 10% of the bond amount as a non-refundable fee. For certain serious offenses, the state may request a no-bond hold or argue for high bail. If you believe bail is too high, your attorney can file a motion for bond reduction.
Q: Does Miami-Dade County have diversion programs for first-time offenders from Hialeah?
A: Yes, Miami-Dade County offers several diversion and alternative programs. Pretrial Intervention (PTI) is available for first-time felony offenders with no prior record and results in dismissal upon completion. Misdemeanor Diversion offers similar benefits for misdemeanor offenses. Drug Court provides treatment alternatives for defendants with substance abuse issues. Mental Health Court serves defendants with qualifying mental health conditions. Veteran’s Treatment Court assists eligible military veterans. Domestic Violence Court has specialized procedures and may offer counseling alternatives. Eligibility depends on the offense, criminal history, and victim input.
Q: How can I get my criminal record sealed or expunged in Florida?
A: Florida allows one sealing or expungement per lifetime. First, you must obtain a Certificate of Eligibility from the Florida Department of Law Enforcement (FDLE), which costs $75 for expungement or sealing. FDLE confirms you have no disqualifying prior history. Then you petition the court where the case was handled, paying the court filing fee (typically around $40). A hearing may be scheduled. Expungement (physical destruction of records) requires that charges were never filed, were dismissed, or resulted in acquittal. Sealing (limited access) is available if you completed a pretrial diversion program or were adjudicated not guilty after trial. Certain serious offenses are not eligible for either sealing or expungement, including most violent crimes, sex offenses, and crimes against children. The entire process typically takes 4 to 6 months.