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Choosing a criminal defense lawyer is not like hiring someone to handle a closing or draft a contract. When you or someone you love is under investigation or facing charges, the lawyer you choose may be the single most consequential decision you make in your adult life. The outcome can determine whether you keep your freedom, your career, your professional license, your immigration status, your right to own a firearm, and your standing in your own community. Those are not abstractions. They are the things a criminal case actually puts at risk, and they are the reason this decision deserves more care than almost any other you will ever make.
My name is Brian Kirlew, and criminal defense is not one of several things I do — it is the entirety of my professional life and has been for nearly two decades. I am Board-Certified in Criminal Trial Law by The Florida Bar, the highest credential the Bar awards in this field and one held by fewer than 2% of Florida’s criminal lawyers. I am an expert in criminal defense. Earning Board Certification requires a record of contested jury trials as lead counsel, peer review by the judges and prosecutors who have watched you work, and a demanding examination. I have tried more than 65 cases before a jury and to verdict. Throughout my career, I have personally handled more than 5,000 criminal cases and taken over 7,500 depositions — ranging from first-time arrests to multi-count federal indictments.
What those numbers mean for you is simple: there is very little in a criminal case I have not already seen and mastered. I can usually tell within the first conversation where a case is likely to go, which of the prosecution’s apparent strengths are real and which will not survive scrutiny, and what can realistically be done about it. I practice in both federal and state courts — in Miami and all throughout Florida — and I understand how differently those two systems operate, because the gap between them is wide and unforgiving of lawyers who do not live in both.
My peers elected me President of the Miami-Dade Chapter of the Florida Association of Criminal Defense Lawyers after only 7 years as a practicing lawyer, and that same organization named me its Outstanding Young Lawyer earlier in my career, after only 4 years of practice. Recognition like that matters for a practical reason: in a system where the same lawyers, prosecutors, and judges face one another for years, credibility is leverage — and it is leverage I bring to your case before a single word of negotiation is spoken or a strategy of litigation is employed.
I tell you all of this not to impress you, but to orient you to who I am and what you should look for when choosing the best criminal defense lawyer for your case. Most people who call a criminal defense lawyer are frightened, whether they show it or not, and what they need first is a clear-eyed professional who has been here many times and can tell them honestly where they stand and what can be done about it. That is what this page is for. And when you retain my firm, you retain me — not an associate you have never met. I will handle your case personally, from the first conversation to the last.
If you are reading this because something has already happened — an arrest, a knock on the door, a target letter, a detective asking you to “come in and talk” — then the most useful thing I can tell you up front is simple: be careful what you say and get counsel before you say it. You can reach my office directly at 866-797-0612. Consultations are confidential. The sooner I understand your situation, the more options we usually have.
Call 866-797-0612 for a confidential consultation, or request a callback online. The earlier I am involved, the more I can do.
There are many criminal defense lawyers in Miami. Some are excellent. Many are not. The advertising looks identical on the outside, which is precisely why it is useless as a basis for choosing. So rather than tell you that I am “experienced” or that I will “fight” for you — language that means nothing because everyone uses it — let me tell you concretely what separates the work I do, and let you judge for yourself.
Board Certification by The Florida Bar is the highest level of recognition the Bar grants for competence and experience in a specific area of law. In criminal trial law, it is not given for time served. It requires a substantial number of contested jury trials as lead counsel, peer review from judges and opposing lawyers who have watched you work, a rigorous written examination, and a demonstrated record of ethical practice. Most criminal lawyers in Florida are not board-certified. In fact, less than 2% are Board Certified. Only the best of the best qualify. When you see that credential, you are looking at a lawyer the Bar has examined and vouched for as a specialist in the courtroom — which is the room where criminal cases are ultimately won or lost.
Most criminal cases do not go to trial – they are the product of negotiation and a plea deal. But the lawyer’s trial record matters enormously even in cases that resolve short of a verdict, and here is why: a prosecutor negotiates very differently with a defense lawyer who tries cases than with one who does not. Plea offers are a function of risk. If the State knows your lawyer will pick a jury and put the government to its proof, the calculus on the other side of the table changes. I have tried more than 65 cases to verdict. Prosecutors in this community know that. They know I am a skilled litigator. It is leverage that exists before a single word of negotiation is spoken, and it is leverage that a lawyer who quietly pleads out every case simply does not have.
Volume, by itself, is not a virtue. But volume combined with attention teaches you the patterns. After more than 5,000 cases, I can usually tell within the first conversation where a case is likely to go, what the pressure points are, and which of the prosecution’s apparent strengths are real and which are bluff. I have seen how particular detectives build their reports, how particular labs handle their evidence, how particular prosecutors value particular charges, and how particular judges run their courtrooms. That institutional knowledge of the Miami-Dade and South Florida systems is not something a lawyer can read about. It is earned one case at a time.
Florida is one of the few states that allows meaningful discovery depositions in criminal cases, and most lawyers underuse them. I do not. A deposition is where you find out whether the officer’s incident report survives with careful questioning, whether the eyewitness actually saw what the arrest affidavit says they saw, or whether the chain of custody holds. I have taken more than 7,500 depositions. That work is unglamorous and invisible to the client, and it is frequently where cases are quietly dismantled long before any courtroom audience would ever see it.
When you retain my firm, you are retaining me. You are not handed off to an associate who just graduated from law school. I understand the temptation, in a frightening situation, to hire the biggest billboard or the cheapest lawyer. But a criminal case is intimate and complex. It requires the lawyer to actually know your facts, who you are, and what is genuinely at stake for you; that only happens when the lawyer arguing your case is the lawyer who has lived with it from the beginning.
A defense is not a speech delivered at the end. It is a structure built from the beginning — preserving evidence before it disappears, identifying the motions that can suppress what the government most needs, deposing witnesses while memories are fresh, and shaping the narrative the jury will eventually hear. The cases that resolve well almost always do so because the groundwork was laid early. By the time most people realize they are in trouble, weeks of opportunity have sometimes already passed. The single most common thing I wish clients had done differently is call sooner.
I was elected President of the Miami-Dade Chapter of the Florida Association of Criminal Defense Lawyers by my peers — the other defense lawyers in this county — and earlier in my career I received that organization’s Outstanding Young Lawyer Award. Reputation is not a vanity. I have served on the Board of Directors of the Miami-Dade Bar Association, am a member of the Wilkie D. Ferguson Bar Association, and frequently teach criminal defense to young aspiring lawyers. In a system where lawyers, prosecutors, and judges interact repeatedly over many years, credibility is currency. When I tell a prosecutor or a judge that a particular fact is true, or that my client will not accept a particular offer, it is believed because I have spent years not saying things that turn out to be untrue. That credibility benefits the people I represent in ways that never appear on any invoice.
If you want a lawyer who personally tries cases and will personally handle yours, call 866-797-0612.
To make good decisions in a criminal case, it helps to understand how these cases actually begin and how they move. Most people’s sense of the system comes from television, and television gets almost everything wrong — the timelines, the rules, what police can and cannot do, and what a lawyer can accomplish at each stage. Here is a more accurate picture.
A criminal case rarely begins with the arrest. It usually begins well before, with an investigation you may not even know is happening, and this is always true in federal cases. Someone makes a complaint. An officer observes something. A fraud is reported. A confidential informant gives information. A wiretap or a financial review turns up a transaction. By the time the police make contact, they have often already formed a theory, and much of what follows is an effort to confirm it. Understanding that the investigation precedes the arrest — and that the most damaging evidence in many cases is gathered during it — is the first step toward understanding why early legal advice matters so much.
Investigations take many forms. A street-level drug case may involve nothing more than an officer’s observation and a search. A complex fraud or trafficking case may involve months of surveillance, subpoenaed records, cooperating witnesses, and forensic analysis of phones and computers. In every one of these, the government is building a file, and the things people say and do during this period — often in an effort to seem cooperative and make the problem go away — frequently become the strongest evidence against them. This is the stage at which the right to remain silent is most valuable and most often squandered.
An arrest can happen on the spot, when an officer believes a crime is being committed, or later, when a judge signs a warrant based on a sworn affidavit. The arrest is a beginning, not a conclusion. It means a law enforcement officer has found probable cause; it does not mean the State can prove anything beyond a reasonable doubt, nor does it mean the case is sound. Many arrests rest on evidence that will not survive a suppression motion, a deposition, or scrutiny by a prosecutor who is unwilling to take a weak case to trial.
Here is something that surprises many people: the police do not decide what you are charged with, or whether you are charged at all. They make the arrest and write the report, but the actual charging decision belongs to the State Attorney’s Office in state cases and to the United States Attorney’s Office in federal ones. A prosecutor reviews what the police submitted and decides whether to file charges, which charges to file, and how many. This is one of the most important and least understood windows in the entire process. A defense lawyer who is engaged early can sometimes affect the charging decision itself — presenting information, context, or legal problems with the case that lead a prosecutor to file lesser charges, or to decline to file at all.
Once charges are filed, the case enters the court system and moves through a series of stages — first appearance, arraignment, discovery, motion practice, negotiation, and, if it does not resolve, trial. Each stage has its own rules, its own deadlines, and its own opportunities. A great deal of what determines the outcome happens in the unglamorous middle of this process, in the depositions, motions, and quiet conversations that the public never sees. The detailed walk-through later on this page maps the entire path so you know exactly what to expect.
I defend the full range of state and federal criminal charges in South Florida. These are some of the areas I handle most often — each links to a dedicated page with deeper detail.
Arrests on an accusation alone, no-contact orders, and cases the State pursues even when the accuser wants them dropped. Learn more about our domestic violence defense.
Florida defines trafficking by weight, not intent to sell — triggering mandatory minimums that strip a judge’s discretion. The stop and the search are often where these cases turn. Learn more about our drug trafficking defense.
Document-intensive cases that build for months before any charge. The most important work frequently happens before anyone is indicted. Learn more about our fraud defense.
The most serious charges in the system — where eyewitness identification, forensics, and the exact sequence of events are all contested. Learn more about our murder & homicide defense.
Charges carrying registration and lifelong consequences, often resting on a single accuser and digital evidence — handled with skill and discretion. Learn more about our sex crime defense.
A separate license deadline runs within days of arrest. The stop, the breath test, and the field exercises are all open to challenge. Learn more about our DUI defense.
Gun charges that can trigger Florida’s 10-20-Life mandatory sentences — where the legality of the search and the facts of possession matter enormously. Learn more about our firearm offense defense.
The government moving to seize your money, vehicles, or property — often alongside, or even without, criminal charges. Acting fast protects what is yours. Learn more about our asset forfeiture defense.
Every area below has its own page. If your charge is not listed, call — the odds are I handle it.
• Burglary
• Fraud
One of the hardest parts of being accused of a crime is the uncertainty — not knowing what happens next, or when, or what each step means for you. Below is the path a Florida criminal case typically follows, from the first investigation to a possible appeal. Not every case touches every stage, and federal cases follow a parallel but distinct track, but this is the map. Knowing it tends to lower the fear, because fear thrives on the unknown.
Before any charge, there is information-gathering: witness interviews, surveillance, records, forensics, and sometimes an invitation to “come talk.” This is the stage where the most damaging evidence is often created, almost always by the accused person trying to be helpful. If you are being investigated and you take only one piece of advice from this entire page, let it be this: you have the right to remain silent and the right to a lawyer, and exercising both costs you nothing, while waiving them can cost you everything. Get counsel before you speak.
An arrest occurs when an officer takes you into custody, either at the scene or later with a warrant. You should be read your Miranda rights before any custodial interrogation, but those warnings are narrower than people think, and a great deal of admissible evidence comes from statements made before they apply. Law enforcement frequently fails to read Miranda rights and later claims they did. Stay calm, be polite, provide your identification, and decline to discuss the facts until your lawyer is present. None of that can be used against you. Almost anything else can.
After arrest, you are taken to a jail, where you are searched, photographed, fingerprinted, and processed into the system. Personal property is inventoried. This is administrative, but it is also the point at which the clock starts on your first court appearance, which in Florida must generally occur within 24 hours.
Within roughly 24 hours of arrest, you appear before a judge who advises you of the charges, addresses your right to counsel, and sets the conditions of release — bond. The amount and conditions are not fixed in stone. A lawyer who appears early can present ties to the community, employment, and family, and a lack of flight risk, to argue for a lower bond or release on recognizance, and can seek a separate bond hearing when the initial conditions are unreasonable. Getting a person out of custody quickly is not only humane; it materially improves their ability to participate in their own defense.
At arraignment, you are formally advised of the charges the prosecutor has filed, and you enter a plea — almost always not guilty at this stage. Entering a not-guilty plea is not a statement about innocence or guilt; it is simply the procedural step that preserves all of your rights and opens the door to discovery and negotiation. In most cases where a lawyer has been retained, the lawyer can appear on your behalf, and you may not need to attend personally.
Florida has one of the most robust criminal discovery systems in the country. Once we elect to participate in discovery, the State must disclose its evidence — witness lists, police reports, recordings, lab results, and more — and, crucially, we gain the right to take sworn depositions of the State’s witnesses. This is the engine room of the defense. It is where the prosecution’s case is tested in detail, where inconsistencies surface, and where the difference between a confident arrest report and an actual provable case becomes visible. As I noted earlier, this is the kind of work that quietly resolves more cases than any courtroom argument.
Before trial, the defense can file motions that shape or end the case. A motion to suppress asks the court to exclude evidence obtained through an unlawful stop, search, seizure, or interrogation — and when the suppressed evidence is the heart of the case, the case often cannot survive. A motion to dismiss can end a prosecution that fails as a matter of law even if the facts were true. Motions in limine control what the jury will and will not be allowed to hear. Strong motion practice is where legal skill, as opposed to mere advocacy, makes the most concrete difference. As a Board Certified Trial Lawyer, this is what separates me from simply a good trial lawyer – I excel in motion practice and in advocacy.
Most cases resolve through negotiation rather than trial, and there is nothing wrong with that when the resolution is the right one. The quality of a negotiated outcome depends almost entirely on the strength of the position behind it. A prosecutor offers a better deal to a defendant whose lawyer has filed serious motions, taken effective depositions, and is demonstrably willing to try the case. Negotiation is not a substitute for preparation; it is a product of it. I do not approach a plea as a shortcut around the work. I approach it as something the work makes possible on favorable terms — and I never recommend a resolution my client does not fully understand and accept.
If a case does not resolve, it goes to trial — jury selection, opening statements, the State’s witnesses and our cross-examination, our defense if we present one, closing arguments, and the jury’s verdict. The burden rests entirely on the government to prove every element beyond a reasonable doubt; the defendant need prove nothing. Trial is where my background matters most directly. After more than 65 jury trials, a courtroom is not a strange or intimidating place to me, and that comfort — with jury selection, with cross-examination, with the rhythm of a trial — is something a client feels and a jury senses. To me, trials are the most fun part of the job. It is the stage at which I can fully display my talent and passion for criminal defense. It’s where I can tell my client’s story in a compelling narrative.
If there is a conviction, whether by plea or verdict, the court imposes a sentence. In Florida, felony sentencing is structured by a scoresheet that calculates a minimum permissible sentence based on the offense and the defendant’s record, subject to mandatory minimums where they apply. Sentencing is its own contest. Effective mitigation — presenting the full human being, the context, the rehabilitation, the support system, and the path forward — can substantially move a sentence. Too many lawyers treat sentencing as an afterthought. It is often the stage at which the most tangible good can still be done. Effective lawyers think about sentencing from the beginning and gather the mitigation they need – medical records, psychological evaluations, interview family members, etc.
A conviction is not necessarily the end. If legal errors affected the trial or the sentence, those issues can be raised on appeal to a higher court, and certain claims can be pursued through post-conviction motions. Appeals are a distinct discipline with strict deadlines — the notice of appeal generally must be filed within 30 days — and they turn on the written record and the law rather than on re-arguing the facts. If you believe something went wrong in a case, the time to act is short. Learn more about our criminal appeals practice.
There is a significant distinction between state and federal criminal cases —one that clients most often get wrong—and getting it wrong can be catastrophic. State courts and federal courts are not the same system with bigger or smaller versions of the same penalties. They are different worlds, with different rules, cultures, resources, and consequences. A lawyer who is excellent in state court is not automatically equipped for federal court, and the gap between the two is wide.
State cases are brought by the State Attorney’s Office and prosecuted under Florida law for offenses against the State of Florida. Federal cases are brought by the United States Attorney’s Office — in our region, the Southern District of Florida — and prosecuted under federal law for offenses against the United States. Federal prosecutors are selective. They are backed by federal agencies — the FBI, DEA, HSI, IRS Criminal Investigation, the Secret Service — with investigative resources that dwarf those available in most state cases. By the time the federal government charges someone, it has usually spent a long time building the case and expects to win.
Federal investigations tend to be long, quiet, and thorough. They often involve grand jury subpoenas for records, financial analysis, cooperating witnesses who have been flipped, surveillance, and the patient accumulation of documentary evidence. A person may first learn they are a subject or a target through a target letter, a subpoena, an approach by agents, or the execution of a search warrant. The period before an indictment is the most important and most underused window in a federal case. Skilled counsel engaged early can sometimes shape the charging decision, present exculpatory evidence to the prosecutor, negotiate a person’s status, or, in some instances, prevent charges from being filed at all. Once an indictment comes down, many of those options are gone.
Federal charges are brought by a grand jury — a group of citizens who hear evidence presented by the prosecutor and decide whether there is probable cause to indict. The grand jury operates in secret, the defense is not present, and the standard is low, which is why the saying that a prosecutor could “indict a ham sandwich” persists. The grand jury is also an investigative tool, used to compel testimony and documents. Understanding how it functions — and how to respond when a client or a client’s records are subpoenaed — is a core part of federal defense.
Federal sentencing is governed by the United States Sentencing Guidelines, a detailed framework that assigns an offense level and a criminal history category and produces a recommended sentencing range. Although the Guidelines are now advisory rather than mandatory, judges must calculate and consider them, and they anchor most federal sentences. Layered on top are statutory mandatory minimums in many drug, firearm, and other cases that can require a specific minimum prison term regardless of the Guidelines. Federal sentencing is its own specialized practice — understanding how the offense level is built, where enhancements attach, how to argue for reductions and variances, and how cooperation and acceptance of responsibility factor in can mean the difference of years.
Most federal cases are white-collar matters — fraud, money laundering, healthcare and securities offenses, tax crimes, and the SBA/PPP loan investigations that have been a major federal enforcement priority. These cases are documentary and complex; they unfold over long investigative timelines, and they are precisely the kind of case where pre-indictment work matters most. They reward a defense lawyer who can absorb thousands of pages of financial records, find the story those records tell, and communicate it persuasively to a prosecutor or a jury. This is a core focus of my practice. See our white collar defense practice and our federal criminal defense practice.
Everything above adds up to a single point. Federal court runs on its own rules of procedure and evidence, its own sentencing system, its own culture of practice, and a set of relationships and expectations that take years to learn. The government does not bring federal cases casually, and it does not bring them unprepared. Facing that with a lawyer who rarely sets foot in federal court is a serious mistake. I practice in both systems, and I understand what federal defense actually requires — from the first contact with agents, through the pre-indictment window, through Guidelines litigation and, where necessary, federal trial. I am a Board-Certified Trial Lawyer whose expertise in federal cases is documented, peer-reviewed, and tested.
If you are under federal investigation or have received a target letter, subpoena, or search warrant, call 866-797-0612 before responding. The pre-indictment window is the most valuable time in the case.
When people first face charges, they tend to focus on one question: Will I go to jail? A criminal conviction reaches into nearly every part of a person’s life, often long after any sentence is served. Understanding the full scope of what is at stake is part of making good decisions, including how hard to fight and when a resolution truly serves you. These are the real consequences of a criminal conviction.
Incarceration is the most obvious consequence. Misdemeanors carry potential county jail time; felonies carry potential state prison, and in serious cases, very long terms. Mandatory minimums — in drug trafficking, firearm cases under 10-20-Life, and many federal offenses — can require a fixed prison term that no judge can reduce. The gap between a charge with a mandatory minimum and one without is sometimes the entire ballgame, which is why the charging and negotiation stages matter so much.
Probation can be an alternative to incarceration, but it is not freedom. It comes with conditions — reporting, fees, treatment, employment requirements, travel restrictions, and more — and a violation, even a technical one, can land a person in custody without a bond. Probation should be entered into with a clear understanding of exactly what it requires, because the people who struggle most with it are usually the ones who did not appreciate how strict it would be.
For anyone who is not a United States citizen — including lawful permanent residents — a criminal case can carry immigration consequences as severe as deportation, denial of naturalization, or a permanent bar on re-entry. Critically, certain pleas that look like good deals in the criminal case can lead to devastating immigration outcomes, and a plea that resolves the criminal matter can trigger removal even without jail time. Immigration consequences must be analyzed before any plea is entered, not after. This is an area where the wrong advice does irreversible harm.
Doctors, nurses, lawyers, real estate agents, contractors, financial professionals, teachers, and many others hold licenses that can be suspended or revoked based on a criminal conviction — sometimes based on the charge alone, before any conviction. A case that ends in modest criminal penalties can still end a career if it triggers licensing-board action. For licensed professionals, defending a criminal case and protecting the license are intertwined, and both must be kept in view from the start.
A felony conviction results in the loss of the right to possess a firearm under both Florida and federal law, and certain misdemeanor convictions — notably domestic violence offenses — carry firearm prohibitions as well. For many people, particularly those whose work or way of life involves lawful firearm ownership, this consequence is profound and lasting, and restoration of those rights is difficult. It is one more reason that the classification of a charge, and whether it can be resolved in a way that avoids a disqualifying conviction, matters far beyond the courtroom.
A criminal record surfaces in background checks and can close doors to jobs, promotions, housing, and educational opportunities for years. Crimes of dishonesty — theft, fraud — are especially damaging in any field that involves trust or money. Even an arrest that never leads to a conviction can appear in records and require explanation. Where the law allows sealing or expunction, pursuing it can be one of the most valuable things we do for a client’s future, sometimes long after the case itself has ended.
Finally, there is the consequence that no statute lists: the damage to a person’s name, relationships, and standing in their own community. For many clients, this is the thing they feel most acutely, and it is part of why discretion and care matter so much in how a case is handled. A criminal accusation is not only a legal problem. It is a deeply personal one, and treating it as such — protecting the person, not just litigating the charge — is central to how I practice.
These are the questions that clients ask most frequently. These are general answers and may not apply to your specific situation. Schedule a consultation for a more personalized response.
Stop talking about the facts of the case to anyone except a lawyer, and contact a criminal defense lawyer as soon as possible. Be polite and cooperative about your identity and the booking process, but do not explain, justify, or argue your side to the police. The instinct to clear things up is natural and almost always counterproductive. Anything you say can be used against you; your silence cannot.
Not without speaking to a lawyer first. An invitation to talk usually means you are a subject of investigation, or there is probable cause to arrest you, and the conversation is rarely as informal as it sounds. A lawyer can find out what your status is and, if a conversation makes sense, arrange and prepare for it on your terms. Going in alone and unadvised is one of the most common ways people damage their own cases.
Yes — arguably you need one more, not less. Innocent people are convicted, and they are frequently convicted because they trusted that the truth would speak for itself and said things, agreed to things, or waived rights they should not have. Innocence is a fact about reality; an acquittal is a fact about a legal process. A lawyer’s job is to make sure the second follows the first, which does not happen automatically.
The investment depends on the nature and complexity of the case — a misdemeanor and a multi-count federal indictment are not comparable undertakings. What I can tell you is that I am transparent about the fee from the outset, that you will understand what you are paying for, and that the question worth asking is not simply what defense costs but what an inadequate defense can cost you in freedom, career, and future. I am glad to discuss the specifics of your situation directly.
A misdemeanor is a less serious offense punishable by up to a year in county jail; a felony is more serious and punishable by state prison, with felonies further divided by degree. The distinction matters far beyond the maximum penalty: felonies carry collateral consequences — loss of firearm and voting rights, immigration exposure, licensing problems — that misdemeanors generally do not. Sometimes a central goal of the defense is to keep a charge from becoming a felony or to resolve the matter as a misdemeanor.
Absolutely, and it happens more often than people expect. Charges can be dismissed when evidence is suppressed because of an unlawful search or interrogation, when the State cannot prove an element of the offense, when key witnesses do not hold up, or when a legal defect undermines the prosecution. The earlier and more thoroughly a case is worked, the more opportunities there usually are to reach a dismissal.
A motion to suppress asks the court to exclude evidence the government obtained illegally — through an unlawful stop, search, seizure, or interrogation. It matters because if the suppressed evidence is the core of the case, the case frequently cannot proceed without it. In drug cases, gun cases, and DUIs especially, a successful suppression motion can effectively end the prosecution.
Most cases resolve without a trial, but you should never assume that yours will, and you should never hire a lawyer who is not genuinely prepared to try it. The credible possibility of trial is what produces good resolutions short of trial. I prepare every case as though it may be tried, because that preparation is exactly what gives you leverage if it is not.
It varies widely. A straightforward misdemeanor might resolve in a few months; a serious felony or a federal case can take a year or more. Speed and outcome are also sometimes in tension — the fastest resolution is not always the best one. I would rather take the time to reach the right result than rush to a convenient one, and I will be candid with you about that trade-off as your case develops. Time can be very valuable in obtaining a favorable outcome.
Bond is the condition of your release while the case is pending. The amount and terms set at first appearance are not necessarily final. A lawyer can request a bond hearing and argue — with evidence of community ties, employment, family, and lack of flight risk — for a reduction or release on recognizance. Getting someone out of custody promptly is important both personally and strategically, as it is far easier to build a defense when a client is free to help.
Not until it has been evaluated against the actual strength of the State’s case, the realistic alternatives, and the full consequences — including immigration and licensing. A first offer is rarely the best available offer, and it is made before the defense has tested the case. The right time to weigh a plea is after the motions and depositions have shown what the prosecution can actually prove. I never let a client accept a resolution they do not fully understand.
State charges are brought under Florida law by the State Attorney; federal charges are brought under federal law by the United States Attorney and are backed by federal agencies and the federal sentencing system. Federal cases tend to involve longer investigations, more resources, and harsher sentencing structures, including mandatory minimums and the Sentencing Guidelines – but that is not always the case; sometimes, state sentences can be shorter. Federal cases require counsel who genuinely practices in federal court and has the requisite experience.
A target letter means you are someone the government believes may be charged with a federal crime. It is serious, but it is also an opportunity, because it usually means charges have not yet been filed. This pre-indictment period is the most valuable window in a federal case, and what happens during it can shape whether, and what, charges are brought. Do not respond on your own — retain experienced federal counsel immediately.
Sometimes, under specific exceptions — consent, certain circumstances during an arrest, plain view, exigency — but the Fourth Amendment generally requires a warrant, and warrantless searches are frequently found to be unlawful. Whether a particular search was legal is often the central question in a case. As a practical matter, you are not required to consent to a search, and consenting waives protections you would otherwise have.
Only before a custodial interrogation — that is, before questioning you while you are in custody. Custody is determined in Florida as when a reasonable person would feel they are not free to leave and terminate questioning. In federal courts, it is an objective standard of whether a person feels they are not free to leave and terminate questioning. Many incriminating statements are made outside that narrow window, which is why people are surprised to learn that their words are admissible even without warnings. The safest course in any encounter is to assume what you say can be used and to decline to discuss the facts without a lawyer. Simply state “I refuse to answer any questions without a lawyer present”.
A violation — even a technical one such as a missed appointment or an unpaid fee — can result in a warrant and a hearing at which the standard of proof is lower than at trial. If the court finds a violation, it can impose any sentence up to the statutory maximum of the original offense. Violations are serious and should be handled with counsel, because the exposure can be significant even when the underlying conduct seems minor.
In many cases, yes, though eligibility is governed by specific rules and certain offenses are excluded. Sealing or expunging a record can remove a serious obstacle to employment, housing, and opportunity, and it is one of the most valuable things that can sometimes be done for a person’s future — occasionally years after a case has ended. Whether you qualify depends on the disposition of your case and your history, which I am glad to review.
It can and usually does — including deportation, denial of naturalization, or a bar on re-entry — and this is true for lawful permanent residents, not only those without status. Some pleas that resolve a criminal case favorably are devastating for immigration purposes. The immigration consequences must be analyzed before any plea, because once entered, the damage can be impossible to undo. If you are not a citizen, make sure your lawyer accounts for this from the start.
Not automatically. In Florida, the State, not the accuser, decides whether to proceed, and prosecutors often continue a case even when the alleged victim wants it dismissed. The accuser’s wishes are relevant but not controlling. These cases require careful handling, and the path to a good outcome usually runs through the evidence and the law rather than through the accuser’s preference alone. But there are things a good defense lawyer can do to short-circuit the state’s case when the victim is uncooperative.
Mandatory minimums are fixed prison terms that the law requires for certain offenses — many drug trafficking crimes, firearm offenses under Florida’s 10-20-Life statute, and numerous federal crimes — regardless of how lenient a judge might otherwise wish to be. Because they remove judicial discretion, whether a charge carries a mandatory minimum is enormously consequential, and avoiding or restructuring such a charge is frequently a central objective of the defense.
More serious than most first-time clients expect. A DUI carries criminal penalties, license consequences through a separate administrative process with a very short deadline, insurance impacts, a potential jail sentence, and a permanent record. It is also highly defensible — the stop, the testing, and the field exercises are all subject to challenge. A first DUI should not be treated as an automatic guilty plea.
A DUI arrest triggers a separate proceeding through the driver-license authority that can suspend your license independently of the criminal case. There is a short window — a matter of days — to request a hearing to challenge the suspension or seek a hardship license. Missing that deadline forfeits valuable rights, which is one reason a DUI demands quick action even before the criminal case develops.
Yes. Attempt, conspiracy, and solicitation are crimes, and a conspiracy charge in particular can attach based on an agreement and a single act in furtherance of that crime, even if the underlying objective was never accomplished. Conspiracy is a favorite tool of federal prosecutors precisely because it sweeps broadly. Being charged with conspiracy does not mean the case is strong, but it does mean it needs to be taken seriously and defended carefully.
A grand jury is a group of citizens who hear evidence presented by a prosecutor and decide whether there is probable cause to indict. It is used for first-degree murder or capital sexual battery in state court and in all federal court proceedings. It meets in secret, the defense is not present, and the standard is low. It also serves as an investigative tool to compel the production of documents and testimony. If you or your records are subpoenaed by a grand jury, that is a signal to involve counsel immediately.
The United States Sentencing Guidelines are a framework that produces a recommended sentencing range based on the offense and the defendant’s criminal history. They are advisory rather than binding, but judges must calculate and consider them, and they anchor most federal sentences. Skilled Guidelines litigation — contesting enhancements, arguing for reductions and variances, and presenting mitigation — can change a federal sentence by years.
Absolutely. “Guilty” is rarely the whole story. There are degrees of responsibility, defenses you may not know you have, evidence that may be inadmissible, and an enormous range of possible outcomes for the same conduct. A skilled lawyer can be the difference between a conviction that derails your life and a resolution that lets you move forward. Even where the facts are difficult, the work that goes into sentencing and mitigation can change everything that follows.
No ethical lawyer can guarantee a result, and you should not hire one who does. What I can promise is preparation, candor about where you stand, and a defense built with the full weight of my experience. The outcome of a criminal case depends on facts, evidence, and law that no lawyer controls entirely — but the quality of the defense is something I do control, and it consistently shapes what becomes possible.
Not necessarily — and you can never be forced to. The Fifth Amendment guarantees that you do not have to testify, and the jury is instructed not to hold your silence against you. Whether testifying helps or hurts is a strategic decision made case by case, with you, after weighing what your testimony would add against what cross-examination might expose. It is your decision, made with my advice, and one never to be taken lightly.
Apparent strength and actual strength are different things. Evidence that looks damning in a police report can weaken considerably under deposition and motion practice — a witness becomes uncertain, a search turns out to be unlawful, a lab result is mishandled. And even where the evidence holds, the goal shifts to securing the best available outcome through negotiation and mitigation. I have seen many cases that looked hopeless on day one resolve far better than the client believed possible.
Yes. I defend cases throughout South Florida in both state and federal court, including Miami-Dade, Broward, and Palm Beach Counties. I only handle very serious state-court felonies outside South Florida. I handle federal cases throughout Florida and the United States. If you are unsure whether your case is in a court I handle, call and ask — if I can help you, I will; if not, I will point you in the right direction.
Immediately. The single most common thing I wish clients had done differently is call sooner. Evidence disappears, witnesses’ memories fade, deadlines pass, and the pre-charge window — often the most valuable period in a case — closes. There is rarely a downside to involving counsel early, and there is frequently a serious cost to waiting.
Whatever you have — any paperwork from the arrest or the court, any subpoena or letter, any correspondence with law enforcement, and a clear timeline of what happened as you understand it. If you have nothing in writing yet, that is fine; come anyway. The most important thing you bring is honesty. I can defend difficult facts; I cannot defend facts I do not know about.
Yes. Communications with a lawyer for the purpose of seeking legal advice are protected by the attorney-client privilege, and that protection applies to an initial consultation even if you do not ultimately retain me. You can speak candidly. Candor is precisely what allows me to give you advice you can rely on.
Board Certification by The Florida Bar in Criminal Trial Law is a credential earned through a substantial record of contested jury trials as lead counsel, peer review by judges and lawyers, a demanding examination, and a clean ethical record. It is a formal recognition by the Bar itself that a lawyer is a specialist in trying criminal cases. Most criminal lawyers in Florida do not hold board certification – less than 2% of lawyers do. In a field where cases are ultimately decided in the courtroom, that distinction is meaningful not because of the title, but because of what it means – that lawyer is battle-tested, peer-reviewed and has a full command of the legal principles at play in your case.
Because at my firm, the lawyer you hire is the lawyer who handles your case. Advertising budgets and case quality are unrelated. When you retain me, you get my trial experience, my judgment, and my personal attention — not a handoff to whoever is available. For something as consequential as a criminal case, which impacts your freedom and life, that direct relationship is the most meaningful one throughout your criminal case.
“The feeling of being a freeman has never felt so good. I want to thank this law firm for making that happen for me.”
“What can I say, Brian isn’t just a magnificent lawyer (and he is,) the man is also a great person with a passion for justice. I sat in a jailhouse for almost 5 YEARS accused of murdering an innocent man without any motive. The case was much more complex than the media outlets let on and the odds were stacked against me, but the moment I opened up to Brian and explained my situation, I could see the fire in his eyes. The man does not hold back punches and he fights until they are all out of rounds and continues to pursue. If you want to be a victim of the system, call somebody else, but if you want a lawyer that fights for you, call Brian!”
“Incredible attorney. My family member was facing a really tough case and had an unbelievable outcome thanks to you.”
“Must admit my experience was the best. Was charged with aggravated assault (PBL) and battery and was recommended to Brian. I explained my situation from the beginning and he reassured me he was able to beat the case. I regret not getting him earlier maybe I would’ve avoided being on house arrest but I’m glad I did hire him when I did as my two co-defendants were not as lucky ended with 5-6 yrs probation & I was only given an anger management program and case dismissed! Will recommend him 1000%!”
Note: The required “past results” disclaimer (see footer) must appear clearly on the same page as these reviews.
Attorney Advertising. The reviews above are the actual experiences of individual clients. They are not a guarantee, warranty, or prediction of the outcome of any other matter; results depend on the specific facts of each case.
The most important thing this work has taught me is not among the figures above. Behind every case file is a person whose life has been upended — frightened, often ashamed, worried about their family and their future. Early in a career, it is easy to see the legal puzzle and miss the human being sitting across the table. What years of doing this eventually teach you is that handling the case well and handling the person well are not separate jobs. People make better decisions when they are not paralyzed by fear, and a real part of my work is to replace that fear with an honest understanding of where things actually stand and a concrete plan for what comes next. That is what I try to give every client, from the first conversation forward. There is life after a criminal case, even a conviction or prison sentence, and a client with a lawyer who can see the big picture and provide clear guidance for the road ahead can sleep well at night.
If you have read this far, you are likely facing something serious, or you love someone who is. I want to make the next step simple.
Call my office at 866-797-0612 for a confidential consultation. We will talk about what has happened, where your case stands, and what can be done. I will give you a straight assessment — not false comfort and not false alarm — and a clear sense of the options in front of you. If there are things you should be doing right now to protect yourself, I will tell you. If there are things you should stop doing, I will tell you that too.
There is rarely a benefit to waiting, and often a real cost. Evidence is most preservable, witnesses’ memories are freshest, deadlines are most reachable, and pre-charge options are most open at the beginning. The earlier I am involved, the more I can usually do.
A criminal case is one of the hardest things a person can go through. You do not have to go through it without someone who has been here many times before and who will handle your case personally, from the first conversation to the last. That is the work I do, and I would be glad to do it for you.
Call 866-797-0612 now for a confidential consultation with Brian Kirlew, or request a callback online. The Kirlew Law Firm — 2103 Coral Way, Suite 401, Miami, FL 33145.
At The Kirlew Law Firm, you, your family, and your business are what matter most. Schedule your free phone consultation today and start building a sound defense strategy.
The client reviews and case descriptions on this page are the actual experiences of individual clients, shared with their consent. They are not a guarantee, warranty, or prediction regarding the outcome of your legal matter. The outcome of any individual case depends on a variety of factors unique to that case; prospective clients may not obtain the same or similar results. The information on this website is for general informational purposes only and is not legal advice. Contacting the firm or submitting information through this website does not create an attorney-client relationship. Hiring a lawyer is an important decision that should not be based solely on advertising.
The client reviews and case descriptions on this page are the actual experiences of individual clients, shared with their consent. They are not a guarantee, warranty, or prediction regarding the outcome of your legal matter. The outcome of any individual case depends on a variety of factors unique to that case; prospective clients may not obtain the same or similar results. The information on this website is for general informational purposes only and is not legal advice. Contacting the firm or submitting information through this website does not create an attorney-client relationship. Hiring a lawyer is an important decision that should not be based solely on advertising.
Committed to aggressive, personalized legal representation for criminal defense, white collar, federal, and family law matters throughout Florida since 2012.
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