A criminal charge or federal investigation can upend your life, your business, and — if you’re an immigrant — your immigration status. At Finberg Firm PLLC, our criminal defense team provides strategic, aggressive representation for individuals and businesses facing state and federal criminal charges in Miami and across Florida.
Whether you’re facing a DUI, a white-collar fraud investigation, drug charges, or a federal grand jury subpoena, the first 24 to 72 hours are critical. This guide explains what you need to know — and what to do — immediately.
The First 48 Hours: What to Do If You’re Arrested in Florida
- Stay silent. Invoke your Fifth Amendment right immediately. Do not explain, apologize, or try to talk your way out. Everything you say can and will be used against you.
- Call a lawyer — not a family member first. Jailhouse phone calls are recorded. Your attorney’s calls are protected by privilege.
- Do not consent to searches. You have the right to refuse. Consenting waives important constitutional protections.
- Remember names and badge numbers of officers involved, if possible.
- Do not post on social media. Prosecutors actively monitor defendants’ social media accounts.
Types of Criminal Cases We Handle
| Case Type | Jurisdiction | Potential Penalties | Immigration Impact |
|---|---|---|---|
| DUI / DWI | State (Miami-Dade) | Fines, license suspension, up to 5 years (felony DUI) | Possible CIMT for multiple offenses |
| Drug Possession / Trafficking | State or Federal | Probation to life imprisonment (trafficking) | Deportation trigger for most drug offenses |
| Assault / Battery | State | Up to 15 years (aggravated assault) | CIMT, potential deportability |
| Theft / Fraud / Embezzlement | State or Federal | Up to 30 years (federal wire fraud) | CIMT, moral turpitude bars |
| White Collar Crime | Federal (SDFL) | Up to 20 years per count (mail/wire fraud) | Permanent bar to naturalization, deportability |
| Federal Grand Jury Investigation | Federal (SDFL) | Depends on charges | Cooperation agreements may protect status |
| Professional License Defense | Administrative | License revocation, practice bar | Affects employment authorization |
White Collar Crime Defense in Miami
South Florida — and Miami in particular — is one of the most active white collar crime prosecution jurisdictions in the United States. The Southern District of Florida (SDFL) handles a disproportionately high number of federal fraud, money laundering, and financial crime cases due to Miami’s role as an international financial hub.
Common white collar charges in Miami include:
- Wire Fraud (18 U.S.C. § 1343) — Using email, wire transfers, or electronic communications in a scheme to defraud. Up to 20 years per count.
- Mail Fraud (18 U.S.C. § 1341) — Any use of the postal service in a fraudulent scheme.
- Money Laundering (18 U.S.C. § 1956) — Processing proceeds from criminal activity. Up to 20 years.
- Bank Fraud (18 U.S.C. § 1344) — Schemes targeting financial institutions. Up to 30 years.
- Healthcare Fraud (18 U.S.C. § 1347) — Medicare/Medicaid billing fraud. Miami-Dade is a national hotspot for healthcare fraud prosecution.
- Securities Fraud (15 U.S.C. § 78j) — Insider trading, Ponzi schemes, pump-and-dump operations.
- PPP Loan Fraud / COVID Relief Fraud — DOJ continues aggressive prosecution of pandemic-era fraud cases.
- FBAR Violations (31 U.S.C. § 5322) — Willful failure to report foreign bank accounts. Up to 5 years per count, plus civil penalties.
Why early intervention is critical in white collar cases:
Federal investigations often begin months or years before any arrest. If you’ve received a grand jury subpoena, a target letter from the U.S. Attorney’s Office, or a visit from FBI or IRS agents, you are likely already a target or subject of a federal investigation. Having an attorney involved before charges are filed can fundamentally change your outcome — through proactive cooperation, a pre-indictment plea, or by demonstrating to prosecutors that their case has weaknesses.
Criminal Charges and Immigration Status: A Critical Intersection
If you are not a U.S. citizen — whether you hold a visa, a green card, or pending immigration status — a criminal conviction can have devastating immigration consequences that are often worse than the criminal penalty itself.
Crimes Involving Moral Turpitude (CIMT)
CIMT is a legal term that includes crimes involving fraud, dishonesty, theft, violence, and sexual offenses. A single CIMT conviction can:
- Render a visa holder inadmissible (unable to reenter the U.S. after travel)
- Make a green card holder deportable
- Permanently bar an applicant from U.S. citizenship
- Trigger mandatory detention during removal proceedings
Aggravated Felonies
Under immigration law (8 U.S.C. § 1101(a)(43)), “aggravated felony” is defined much more broadly than under criminal law. Convictions in this category result in:
- Mandatory deportation with virtually no discretionary relief
- Permanent bar to reentry to the United States
- Ineligibility for most immigration benefits going forward
Crimes that qualify as aggravated felonies include: theft offenses with sentences over 1 year, fraud/tax evasion over $10,000, drug trafficking, firearms offenses, and many more — even if the offense is classified as a misdemeanor under state law.
The Padilla v. Kentucky Obligation
The U.S. Supreme Court ruled in Padilla v. Kentucky (2010) that criminal defense attorneys must advise non-citizen clients about the deportation consequences of a guilty plea. At Finberg Firm PLLC, our team’s combined expertise in both criminal defense and immigration law means we evaluate every plea offer through this critical lens — not just the criminal sentence, but the immigration consequences.
DUI Defense in Miami-Dade County
Florida DUI law is among the strictest in the nation. A first-offense DUI in Florida can result in:
- Fines of $500–$1,000 (up to $2,000 with BAC ≥ 0.15 or minor in vehicle)
- License revocation for 180 days to 1 year
- 50 hours of community service
- Ignition interlock device requirement (BAC ≥ 0.15)
- Up to 6 months in jail (9 months for aggravated first offense)
Felony DUI (third within 10 years, or DUI causing serious bodily injury or death) carries up to 5–15 years imprisonment and permanent license revocation.
DUI defenses we evaluate:
- Improper traffic stop (lack of reasonable suspicion)
- Field sobriety test administration errors
- Breathalyzer calibration or maintenance failures
- Blood draw chain-of-custody issues
- Rising blood alcohol defense (BAC rising at time of test)
- Constitutional violations (search and seizure)
The Florida Criminal Court Process: What to Expect
| Stage | Timeline | What Happens | Defense Strategy Focus |
|---|---|---|---|
| Arrest / First Appearance | Within 24 hours | Charges read, bail set | Secure release; begin investigation |
| Arraignment | Within 21 days (misdemeanor) / varies (felony) | Enter plea (Not Guilty) | Always plead Not Guilty initially |
| Discovery | 30–90 days post-arraignment | Exchange evidence with prosecution | Identify weaknesses in state’s case |
| Pre-Trial Motions | Before trial | Suppress evidence, dismiss charges | Challenge illegally obtained evidence |
| Plea Negotiations | Ongoing until trial | Discuss reduced charges or sentence | Evaluate immigration consequences of all options |
| Trial | 90 days – 2 years post-arrest | Jury selects, presents evidence | Beyond reasonable doubt standard |
| Sentencing / Appeal | Post-verdict | Judge imposes sentence | Mitigating factors, appeals |
Federal Criminal Defense in the Southern District of Florida
The SDFL (covering Miami-Dade, Broward, Monroe, Palm Beach, and other counties) is one of the busiest and most sophisticated federal prosecution offices in the country. Federal cases differ from state cases in several critical ways:
- Conviction rate: Federal prosecutors have an approximately 90% conviction rate. If the government has charged you, they believe they can prove it.
- Mandatory minimum sentences: Many federal drug and firearm charges carry mandatory minimums that judges cannot reduce.
- Federal sentencing guidelines: Sentences are calculated using a complex point system; an experienced attorney can significantly reduce your guideline range through legal arguments and mitigation.
- Cooperation agreements: Federal prosecutors frequently offer reduced sentences in exchange for cooperation. Evaluating whether to cooperate — and how — requires sophisticated legal judgment.
Special Considerations for Business Owners
Business owners face unique criminal exposure:
- Employee theft / embezzlement: You may be both a victim seeking prosecution and a potential target if accounting irregularities are discovered.
- Regulatory violations: OSHA, EPA, FDA, and other regulatory agencies can refer criminal cases to prosecutors.
- Tax crimes: Tax fraud, failure to pay employment taxes, and willful FBAR violations carry significant criminal exposure.
- Concurrent civil and criminal proceedings: A business dispute can escalate into a criminal investigation. Business litigation clients sometimes need criminal defense counsel as well.
At Finberg Firm PLLC, our team’s combined expertise in business law, immigration law, and criminal defense creates a unique ability to address these intersecting issues simultaneously.
Frequently Asked Questions
Should I talk to police if they want to question me?
No. You have the constitutional right to remain silent and the right to an attorney before questioning. Politely say: “I am invoking my right to remain silent and my right to an attorney.” Then stop talking. This applies whether you are a suspect, a witness, or believe you have done nothing wrong.
Can a criminal conviction affect my green card or visa?
Yes, significantly. Crimes Involving Moral Turpitude (CIMT) and “aggravated felonies” under immigration law can lead to deportation, inadmissibility, and permanent bars to citizenship — often regardless of the severity of the criminal sentence.
What is a target letter from the U.S. Attorney’s Office?
A target letter notifies you that you are the target of a federal grand jury investigation. Retain criminal defense counsel immediately — do not respond or contact prosecutors without an attorney present.
Facing criminal charges in Miami or South Florida? The decisions you make in the first hours and days can determine your outcome. Contact Finberg Firm PLLC for a confidential consultation with our criminal defense team. Schedule a consultation here.
Finberg Firm PLLC serves clients throughout Miami-Dade, Broward, and Palm Beach counties. Our criminal defense team has experience in both state court (Miami-Dade Circuit Court) and federal court (U.S. District Court for the Southern District of Florida).