What to Do After an Arrest or Criminal Accusation in Miami
A handful of decisions in the hours right after an arrest, or right after learning about an investigation, carry more weight in a Miami-Dade case than anything that comes later.
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Hager & Schwartz, P.A.
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Miami Criminal Defense
As former state prosecutors, our award-winning Miami criminal lawyers at Hager & Schwartz, P.A. possess experience from both sides of the courtroom. We are the defense team you need.
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Miami Criminal Defense Lawyers
Former Prosecutors Defending Clients in Miami-Dade County
Two questions tend to surface first after an arrest, a detective’s call, or notice of a federal investigation in Miami-Dade County: what happens next, and who should be handling it. Hager & Schwartz, P.A. answers from experience that runs in two directions: prosecution first, then defense, built inside the same Miami-Dade courtrooms where a case is likely headed.
Brett Schwartz spent years as a prosecutor inside the Miami-Dade State Attorney’s Office. John Hager did the same work across the county line in Broward. The two later built a firm around one idea: criminal defense, exclusively, handled with the preparation a state attorney’s office puts into a case, since that’s where their careers started.
That combination now totals more than 50 years of criminal law experience and thousands of cases carried from arrest through resolution in the Miami-Dade Circuit and County Courts and in the U.S. District Court for the Southern District of Florida.
Talk directly with one of our Miami criminal defense attorneys about what you’re facing. Contact us for a free, confidential consultation, day or night.
Handle those hours this way:
- Stay quiet with police: A recorded interview, a roadside comment, or a quick clarification offered at booking gets written into a report and read back later, often stripped of context.
- Refuse consent to a search: Officers can ask to search a car, a phone, or a home without a warrant, and agreeing to a search hands over evidence a warrant might not have produced on its own.
- Keep the case off every channel: Conversations with an alleged victim, witnesses, or friends, and any post on social media, even one meant to be private, tend to resurface as evidence.
- Don't read quiet as good news: A charge that hasn't been filed yet can still be filed weeks or months later; a case that appears to have gone away has not necessarily closed.
- Call a Miami-Dade criminal defense lawyer before doing anything else related to the case: Every hour spent unrepresented is an hour the state spends building its side without a countervailing voice in the room.
- Ask whether the case can still be reached before charges are filed: Detectives and the Miami-Dade State Attorney's Office sometimes remain open to input before a formal filing decision, a window that narrows once charges become official.
Our Client Success Stories
Calling Brett was the best decision I ever made. I’m beyond grateful for the work he’s done. He delivered on his promises. I’m incredibly grateful to him. If you ever find yourself in a situation you think has no solution, call Brett!. He will deliver.
Samuel 
Mr. Brett and his team were great to work with. Both him and Thuy Le (his paralegal) were prompt in responding to questions and concerns. And they were able to get the result me and my family wanted. Thank you.
Steph Sandoval
I highly recommend attorney Schwartz for anyone in need of an excellent criminal defense lawyer. From the very beginning, they were professional, knowledgeable, honest, and truly dedicated to helping me through a very stressful situation.
Heidi Fonseca
Defense You Can Depend On
Criminal Cases We Handle in Miami
Hager & Schwartz, P.A. covers the spectrum of state and federal charges filed against Miami-Dade County residents and visitors, from a first-time misdemeanor citation to a multi-defendant federal indictment.
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A federal case connected to Miami often starts quietly: a subpoena to produce records, a call from an agent, or a target letter naming someone as a subject of a grand jury investigation, sometimes a year or more before any indictment. Matters in this category regularly include white-collar crimes like wire fraud, healthcare fraud, mortgage fraud, money laundering, conspiracy charges, and federal drug prosecutions, as well as cases in which a civil inquiry and a criminal one proceed side by side. Brett Schwartz holds admission to the U.S. District Court for the Middle District of Florida, on top of Southern District federal practice and Miami-Dade state court.
Results:
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No Jail Time
Federal
FEDERAL DRUG CHARGES & TAMPERING IN CONSUMER PRODUCTS
FACTS: Client was a nurse at two major South Florida hospitals. During his employment, he was caught switching Fentenyl with Saline due to his drug addiction. As a result, he was initially charged in state court with felony drug charges then indicted on the same allegations in Federal Court, Southern District of Florida for tampering with consumer products. The client was looking at over 30 years in the state case and an additional 30 years in the federal case.
RESULT: Mr. Schwartz was able to negotiate a plea in state court to three years of probation (no jail) and convince the Federal Court to a sentence well below his guidelines by presenting quite a bit of mitigation evidence.
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Sentence Reduced Below Federal Guidelines
Federal
FEDERAL MONEY LAUNDERING AND WIRE FRAUD (MULTIPLE COUNTS)
FACTS: Client, while working as an executive for a pharmaceutical company illegal routed over $1,000,000 in company funds to a personal account in another state during the COVID pandemic. He subsequently used much of the illegally obtained proceeds to purchase a house for his family. Client was looking at up to 80 years in prison as well as a criminal forfeiture where the U.S. government would have taken his primary residence, leaving his wife and two children homeless.
RESULT: Attorney Brett Schwartz, through extensive negotiation with the government was able to save his home from governmental forfeiture and convince the court to a sentence well below his Federal sentencing guidelines, over the governments objection.
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Possession and trafficking sit at opposite ends of Florida’s drug statutes, and the sentencing gap between them grows enormous once specific weight thresholds come into play. Whether a case stays in Miami-Dade court or moves to federal court can turn on a single quantity determination. Manufacturing allegations and prescription drug cases fall under their own statutory frameworks, and the legality of the stop or search that led to the discovery is usually the first thing to examine.
Results:
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Case Dismissed
Drug Crimes
Juvenile Drug Possession
Our client was charged with juvenile drug possession. We were able to get the case dismissed and expunged off their record.
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Case Dismissed
Drug Crimes
Felony possession with Intent to Sell Marijuana Mr. Schwartz was able to negotiate for def to do CSH in order for the entire felony case to be DISMISSED.
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No Mandatory Prison Time for Repeat Trafficking Charge
Drug Crimes
STATE COCAINE TRAFFICKING
FACTS: Case# F24-1752
Client was charged for the second time for cocaine trafficking and as a result was facing a 15 year minimum mandatory. Notwithstanding his significant criminal history, Mr. Schwartz was able to present to the state enough evidence to establish the case was not as strong as they originally believed and was able to negotiate a plea well below his guidelines.
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Allegations in this category span solicitation, lewd and lascivious conduct, and sexual battery, along with internet-based offenses involving child pornography. A conviction, or in some instances a plea alone, can trigger registration obligations that outlast any period of incarceration or probation by decades. Much of the defense work our Miami sex crime lawyersdo centers on how a statement was obtained and what the digital record actually shows, rather than what an investigator assumed it showed.
Results:
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LEWD & LASCIVIOUS MOLESTATION OF A MINOR <16
Sex Crimes
FACTS: Case#F24-6702. Client was accused of slapping a minor girls bottom without her consent while intoxicated on a Caribbean Cruise. Client was charged with a 2nd degree felony and thus facing 15 years in prison.
RESULT: Mr. Schwartz was able to convince the state to file only a misdemeanor battery charge where he was sentenced to only six months of probation. The client lived out of state and never had to appear in person for court.
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Reduced Charges
Sex Crimes
2 Counts of Sexual Battery on a Minor and 4 Charges of L&L on a Minor in Two Separate Cases (Facing Multiple Life Terms in Prison)
FACTS: Well known successful artist with no criminal history was accused by two of his daughter’s childhood friends of sexually assaulting them multiple times over 15 years prior to reporting the allegations to police. As a result of the arrest, he was held without a bond in jail until Attorney Brett Schwartz was retained and was quickly able to get him out of custody and on house arrest.
RESULT: Over the course of almost a year, Attorney Brett Schwartz analyzed the states evidence and took the depositions of the alleged victims. He was able to convince the fourth prosecutor assigned to the case that the alleged victims lacked credibility based on significant inconsistencies in their testimony. As a result, all of the sexual offenses were dismissed and the client ultimately plead to one count of a much lesser charge, which allowed him to resume his normal life with his family.
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No Jail / Prison Time
Sex Crimes
When the client was 24 years old, he was arrested for having sexual relations with a fourteen year old. He was facing 30 years in Florida State Prison. Mr. Schwartz, after an exhaustive discovery process was able to negotiate a resolution of community control and probation with no jail time.
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Assault, battery, aggravated battery, robbery, and weapons charges make up the bulk of this category, with manslaughter and murder at the far end of the exposure scale. Florida treats each of these differently for sentencing purposes, and questions such as self-defense or the reliability of eyewitness identification frequently determine how a case is ultimately resolved.
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A domestic violence arrest in Miami-Dade typically comes bundled with a no-contact condition imposed automatically, before any hearing on the underlying facts. Breaking that condition, even by accident, a returned phone call, or a shared living arrangement that hasn’t been sorted out yet, can generate a second charge layered onto the first. Firearm surrender, injunction proceedings, and workplace fallout often follow well before any finding of guilt.
Results:
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Expunged
Domestic Battery
Client was charged with battery and domestic violence. Our team was able to get the case dropped and expunged off their record.
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Case and Injunction Dismissed
Domestic Battery
Aggravated Battery and Domestic Violence Injunction
Client was arrested for aggravated battery and was the recipient of a petition for permanent restraining order. Mr. Schwartz, through deposition was able to establish that the “victim” completely lacked credibility. As a result, the assistant state attorney realized that she had no case because of the lack of physical evidence. She was forced to drop the case.
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Florida’s penalty structure for a first DUI includes potential jail time, fines, court-ordered community service, and a stretch without driving privileges, and those figures climb once a case involves a prior conviction, a refusal to test, an injury, or fleeing the scene. A separate charge for driving after a suspension adds its own exposure on top of that.
Results:
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Reduced Charges
DUI
DUI and Disorderly Intoxication
DUI was broken down to a reckless driving with no conviction and the disorderly intoxication charge was dismissed.
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Case Dismissed
DUI
Criminal Mischief and Disorderly Intoxication
Our client was charged with Criminal Mischief and Disorderly Intoxication. The case was dismissed and expunged off record.
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Grand theft, burglary, identity theft, and embezzlement cases usually come down to paperwork: bank records, transaction logs, inventory reports, and whatever digital trail exists behind the allegation. Sorting through that material before settling on a defense approach is where a theft case is typically narrowed or won.
Results:
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2 Counts Dropped & 3rd Closed with No Conviction
Theft Crimes
Resisting with Violence, Petit Theft, and Possession of Drug Paraphernalia
Same repeat client as above was again in a situation that resulted in a police confrontation which lead to his arrest. The officer accused him of stealing merchandise from a merchant. When approached, he shoved the officer. The client was again looking at prison time as he was charged with a felony and two misdemeanors. Mr. Schwartz was able to get two counts dismissed due to a bad search and get the felony bound to a misdemeanor, where all he had to do is pay court costs and avoided a conviction.
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Sentence Reduced Below Federal Guidelines
Federal
FEDERAL MONEY LAUNDERING AND WIRE FRAUD (MULTIPLE COUNTS)
FACTS: Client, while working as an executive for a pharmaceutical company illegal routed over $1,000,000 in company funds to a personal account in another state during the COVID pandemic. He subsequently used much of the illegally obtained proceeds to purchase a house for his family. Client was looking at up to 80 years in prison as well as a criminal forfeiture where the U.S. government would have taken his primary residence, leaving his wife and two children homeless.
RESULT: Attorney Brett Schwartz, through extensive negotiation with the government was able to save his home from governmental forfeiture and convince the court to a sentence well below his Federal sentencing guidelines, over the governments objection.
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Missing a meeting with a probation officer, picking up a new charge while under supervision, or failing to show up to a hearing can be considered a probation violation and result in a bench warrant, independent of what happened in the original case. Turning yourself in on your own schedule, with a Miami-Dade criminal defense attorney arranging the surrender, tends to go better than being picked up unannounced.
State and Federal Criminal Defense in Miami
State and federal cases run on separate tracks with separate rulebooks. A Miami-Dade state charge is filed by the Miami-Dade State Attorney’s Office and heard in the Eleventh Judicial Circuit, either at the Richard E. Gerstein Justice Building for felony matters or in Miami-Dade County Court for misdemeanors. Our Miami misdemeanor and felony lawyers can guide you through the court process.
A federal charge is filed by the U.S. Attorney’s Office for the Southern District of Florida, frequently after months of work by agencies such as the FBI, DEA,
IRS-CI, or Homeland Security Investigations.
That timeline matters. A federal investigation can run for months or years, collecting records and testimony, before anyone is arrested, which is why contacting counsel during the investigation, rather than after an indictment, tends to open up the most options. Hager & Schwartz, P.A. handles federal matters directly, from investigation through sentencing, without referring the work to outside counsel.
How Our Miami Criminal Defense Attorneys Build a Defense
No two cases start from identical facts, but the process behind each one follows a consistent sequence, beginning with the arrest report and charging paperwork, the state’s own account of events, and often the first place a weakness shows up. We preserve surveillance footage and recoverable digital evidence immediately, before a business overwrites a hard drive or a phone is wiped.
From there, we interview witnesses and check body-camera footage against police reports and any prior statements. Our defense lawyers examine search warrants and how they were obtained; an unlawful search becomes grounds for a suppression motion. We read financial, forensic, and lab evidence for what it actually establishes, not what a summary paragraph in a police report claims.
Where timing allows, our defense attorneys in Miami engage the prosecutor or detective before formal charges are filed. Negotiation happens where it benefits the client, and every case that doesn’t resolve that way gets built toward trial from day one.
Why Local Miami Criminal Defense Experience Matters
As a Miami criminal attorney team appearing in the same courtrooms week after week, our defense firm knows which divisions move quickly, which assistant state attorneys negotiate, and what local filing practice looks like beyond the statute book. None of that changes the facts of a case, but it shapes how efficiently a defense gets built and how fast we can respond.
Because clients call our attorneys’ personal numbers rather than a general office line, a weekend call from a probation officer or an unexpected knock from a detective is answered immediately.
If you’ve been arrested or accused of a crime, you need to contact Hager & Schwartz, P.A. today to speak with our Miami criminal defense lawyers.
Why Choose Hager & Schwartz, P.A.?
Anyone comparing a Miami criminal lawyer against another firm is usually deciding under real time pressure.
The following are the specifics our Miami criminal lawyers bring:
- A prosecutorial background on each side of the county line:
Brett Schwartz prosecuted for the Miami-Dade State Attorney’s Office; John Hager prosecuted in Broward. - Five-plus decades of combined practice: We’ve carried thousands of cases from arrest through resolution, in state and federal court.
- Trial readiness as the default: Our Miami trial lawyers build every case as though it’s headed to a jury, whether it does or not.
- No call center, no rotating staff: The attorney who knows the file is the one who answers.
- A free, confidential first conversation: Along with payment plans once a client decides to retain our criminal defense law firm in Miami.
- Recognition that comes from peers: Martindale-Hubbell’s AV Preeminent designation, a Superb score on Avvo, and selection to the Super Lawyers list.
- A record built on real outcomes: Federal sentences resolved under standard guidelines, minimum mandatory sentences avoided, and state felony charges reduced or dismissed ahead of trial.
Serving Miami and Communities Throughout Miami-Dade County
Miami-Dade County extends well beyond the city of Miami’s limits, and so does our caseload. Court appearances occur throughout the Eleventh Judicial Circuit, wherever a client’s case is filed.
That reach includes Miami Beach, Hialeah, Miami Gardens, North Miami Beach, Coral Gables, Cutler Bay, Homestead, and Doral.
If you're facing
criminal investigation
to speak with our Miami criminal attorneys today!
The Team Who Will Fight for You
Protecting your rights, defending your freedom
Brett M. Schwartz Esq.
Founding Partner
Brett M. Schwartz, Esq. found his inspiration early on in his life by watching his father work the Miami criminal courts as a prominent defender...
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John S. Hager Esq.
Founding Partner
John S. Hager, Esq. is originally from Spring Valley, New York. Upon graduating from law school and passing the Florida Bar, John accepted...
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Thuy Le
Paralegal
For many clients, Thuy is typically the first point of contact. She often communicates with clients regarding updates, court information...
Learn MoreIt Starts with Caring for Our Clients
Our Miami criminal defense lawyers understand that being arrested is a frightening and helpless experience. This is why we pride ourselves on being accessible and available for a consultation 24 hours a day, 7 days a week to answer any questions you have regarding your case. We are committed to individualized care, which is why we provide every client with our individual cell phone numbers in the event they have a question about their case. Our Miami criminal defense attorneys strive to ensure that each client understands the confusing criminal justice system and also what strategies can be utilized to obtain the best possible result in their respective case(s).
Learn More About Us
Frequently Asked Questions
The same handful of questions come up again and again from people navigating an arrest or an investigation in
Miami-Dade. A selection of the most common ones follows.
Say nothing beyond identifying information, decline any request to search your car, phone, or home, and avoid discussing the situation with anyone except an attorney. Under Florida procedure, a judge reviews the case within a day of arrest, so contacting a lawyer before that hearing gives the case the earliest possible start.
Often, yes. Reaching out during the investigation stage opens the door to direct conversations with the assigned detective or the Miami-Dade State Attorney's Office, which can shape whether a charge is filed at all and, if so, at what severity.
Sometimes, depending on how solid the evidence turns out to be, whether a search or a statement can be challenged, and whether a legal defect exists in how the case was built. There's no standard outcome; each case is evaluated on its own record.
It's rarely advisable to do so without an attorney present, regardless of guilt or innocence. A voluntary statement offered to clear things up is frequently the exact statement a prosecutor later points to, stripped of the context in which it was given.
Fees vary based on the charge, the court it's filed in, and the amount of work the case ultimately requires. Hager & Schwartz, P.A. offers a free, confidential consultation before any commitment, along with payment plans for clients who choose to retain us.
Yes. Representation extends across Miami-Dade County, including Miami Beach, Hialeah, Miami Gardens, North Miami Beach, Coral Gables, Cutler Bay, Homestead, and Doral.
The moment there's any signal of federal involvement, a subpoena, a target letter, or a visit from a federal agent, is the moment to call. Federal cases take shape well before an indictment, and getting an attorney involved early changes what the government has on hand once it finally decides to charge.
Whatever led to this moment, an arrest, a call from a detective, a letter from a federal agency, wanting direct answers instead of a general explanation is a reasonable response. Hager & Schwartz, P.A. takes calls at any hour, seven days a week, throughout Miami-Dade County, and the initial conversation costs nothing and stays confidential. Anything said to investigators beforehand can't be taken back, which is why that call is worth making first.
Speak with a
Miami Criminal Defense Lawyer Today
Whatever led to this moment, an arrest, a call from a detective, a letter from a federal agency, wanting direct answers instead of a general explanation is a reasonable response. Hager & Schwartz, P.A. takes calls at any hour, seven days a week, throughout Miami-Dade County, and the initial conversation costs nothing and stays confidential. Anything said to investigators beforehand can't be taken back, which is why that call is worth making first.
If you’ve been charged with a crime or are under criminal investigation in Miami,
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The Right Defense Team Matters
Highlighted by Superlawyers from Years 2016-2026
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Top-Rated Lawyers Fighting on Your Behalf
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Former Prosecutors Handling Your Defense
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Available 24/7, Including Weekends
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Flexible payment options available
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Over 50+ years of combined experience
Areas We Serve
Miami
- 555 Northeast 15th Street, Penthouse A Miami, FL 33132
- +1 (305) 330-1360
Daytona Beach
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- +1 (386) 693-1637
Fort Lauderdale
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Blog
Hager & Schwartz, P.A. Named a 2026 Best of Florida Winner
August 31, 2026
Guide to Florida has named Hager & Schwartz, P.A. a 2026 Best of Florida winner in the Criminal Defense Firms category. It is our […]
Hager & Schwartz, P.A. Named a 2026 Best of Florida Winner
August 31, 2026
Guide to Florida has named Hager & Schwartz, P.A. a 2026 Best of Florida winner in the Criminal Defense Firms category. It is our […]
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