Frequently Asked Questions
What Should I Do If I’m Arrested in Miami?
Remain calm and exercise your right to remain silent. Don’t answer questions from law enforcement without an attorney present. Any statement you make can be used against you, regardless of how the question is framed. Contact a criminal defense attorney as soon as possible. The decisions made in the first hours after an arrest can shape how the entire case unfolds.
How Can a Criminal Defense Attorney Help My Situation in Miami?
An attorney reviews the charges against you, investigates the evidence, challenges police procedures where appropriate, and builds a strategy aimed at dismissal, charge reduction, or acquittal. The right attorney can also identify constitutional issues, such as an unlawful search or a defective warrant, that the prosecution may be counting on going unnoticed. Having experienced legal counsel early can protect your options at every stage.
What Are the Penalties for a First-Time DUI in Florida?
A first-time DUI in Florida can result in fines ranging from $500 to $1,000, mandatory community service, probation, and a license suspension. If your blood alcohol level was significantly elevated or an accident was involved, penalties can increase and may include jail time. A conviction also stays on your driving record and can affect insurance rates and future employment. An attorney can evaluate whether the stop, field sobriety testing, or BAC evidence can be challenged.
Can I Have My Criminal Record Expunged in Miami-Dade?
Some records can be expunged or sealed under Florida law, which limits their public visibility. Eligibility generally requires that the charge didn’t result in a conviction, that you have no prior expungement or sealing on record, and that the specific offense qualifies under Florida statute. First-time offenses and certain misdemeanors are more likely to qualify, but the rules depend on the charge and how the case resolved. An attorney can assess whether you meet the criteria.
How Are Drug Charges Prosecuted in Miami?
Prosecutors consider the type and quantity of the controlled substance, whether trafficking thresholds were met, and the defendant’s prior record when deciding how aggressively to pursue a drug charge. Defense strategies in these cases often center on challenging whether the search that produced the evidence was constitutional, contesting the chain of custody for lab results, or disputing the quantity involved. The specific approach depends on the facts of the arrest and the charges filed.
Can a Criminal Charge Affect My Immigration Status in Miami?
For non-citizens, certain criminal convictions may carry immigration consequences, including potential deportation or inadmissibility, depending on the charge and the individual’s immigration status. Drug offenses and crimes of moral turpitude are among the categories that can trigger these outcomes. Because the immigration impact varies by charge and circumstance, speaking with a criminal defense attorney early, before any plea is entered, is especially important for clients who aren’t U.S. citizens.
Attentive Support & Aggressive Representation
Trust The Law Offices of Eric M. Matheny, P.A.
-
Dedicated Former ProsecutorAttorney Eric M. Matheny Has the Experience and Insights You Need -
Recent ResultsRead Our Clients' Past Successes from Our Established Firm -
Arrested in South Florida?What You Need to Know to Protect Your Rights & Your Freedom
Cases We Handle
Solid Defense Strategies that Focus on Your Needs
Why Miami-Dade Clients Choose The Law Offices of Eric M. Matheny, P.A.
Eric M. Matheny has tried more than 50 jury and non-jury trials and brings the added perspective of having worked as a prosecutor before moving to criminal defense. That background means he has seen how the state assembles its cases, which witnesses carry weight, and where charges tend to be vulnerable. He applies that knowledge at every stage of a client’s defense.
Credentials That Reflect Real Courtroom Experience
Attorney Matheny has been recognized by Expertise.com as one of the Best Criminal Defense attorneys and Best DUI Lawyers in Miami for 2024 and 2025, and was previously named among the Best Criminal Lawyers in Miami for 2017, 2018, and 2019. He carries an Excellent rating on Avvo and has received the Avvo Client’s Choice Award. His commentary on criminal law has appeared in the Miami New Times, the Miami Herald, and the Sun Sentinel, and he has been featured on The Rick Jensen Show on WDEL and the radio program Let’s Talk About.
Attorney Matheny is a member of the Florida Association of Criminal Defense Lawyers (FACDL) and The Florida Bar, and he’s available around the clock for clients who need immediate guidance after an arrest.
What Clients Can Expect Working with Our Firm
We keep clients informed at every stage of their case. Criminal charges create uncertainty, and clear communication reduces it. From the first case evaluation through resolution, clients understand where their case stands, what their options are, and what we’re doing to seek a favorable outcome. We address collateral consequences, including potential effects on employment, professional licenses, and immigration status, so that no client enters a plea or goes to trial without understanding the full picture.
If you need a criminal defense attorney in Miami, Florida, contact The Law Offices of Eric M. Matheny, P.A. at (305) 504-6655 or (305) 504-6655.
What Makes Attorney Eric M. Matheny the Right Choice?
-
Tried 50+ Jury & Non-Jury TrialsAttorney Eric M. Matheny has tried enough cases to know that every case deserves a unique strategy in the courtroom. Our firm keeps your future in mind and always protects your rights.
-
Recognized Criminal Defense AttorneyAttorney Eric M. Matheny has been named among the “Best Criminal Lawyers in Miami” three years in a row: 2017, 2018 and 2019, by Expertise.com.
-
Experienced Former ProsecutorWith an insider’s perspective on the justice system, he has the ability to assess the strengths and weaknesses of a case to make wise decisions about how to proceed with your defense.
-
A Trusted Voice in the NewsA featured commentator on The Rick Jensen Show on WDEL, on the radio program “Let's Talk About,” and in the Miami New Times, Miami Herald, Sun Sentinel, and other publications.
-
Payment Plans OfferedWe believe everyone deserves high-quality legal representation at an affordable rate.
Known for Our 5-Star Reviews
We Earned Our Reputation by Protecting Yours
-
I was charged with three felony charges related to check fraud. Eric used his expert knowledge to help resolve the charges with one day of jail served on the day that I surrendered myself to have charges filed.- Former Client
-
He made everything very clear and easy to understand and always kept me up to date with any changes.- Camila
-
We highly recommend him and would not hesitate to supply a personal reference concerning his professional conduct and compassion.- Michael