The South Florida criminal defense lawyers at the Herbst Firm fight to produce the best possible results in all criminal cases, and always keep their clients informed and updated each step of the way. Being charged with a crime in state or federal court can be one of the most difficult life experiences not only for the defendant, but also for family and friends. It truly feels like the world is against you, but with the right lawyer in your corner this could not be further from the truth. As an experienced Florida lawyer with thousands of cases under his belt, Benjamin Herbst has the knowledge and the desire to fight tooth and nail to protect the rights of each of his clients. He is not afraid to take on the government at trial and will never pressure clients to take a plea. If you want a South Florida criminal defense attorney who is 100 percent devoted to your best interests then call Benjamin anytime at (954) 543-0305. Do not wait to hire a criminal defense lawyer, as police officers and federal agents often gather their strongest evidence from unknowing defendants who make the mistake of talking. Never talk to the police without counsel, and regardless of what a police officer says no person is ever required to cooperate under any circumstances. Law enforcement will routinely promise favorable outcomes in exchange for cooperation, but these are empty promises that are broken without a thought. A lawyer can negotiate with prosecutors before charges are filed, and may be able to prevent a charge or arrest from ever taking place. If you have already been charged a lawyer can appear on your behalf to assure the minimum time is spent in jail. If you have an arrest warrant or a bench warrant a lawyer can file motions recall or quash the warrant. It is never too soon to speak with a lawyer, and Benjamin offers free consultations for all criminal defense cases and is available 7 days a week to speak.
Relentless Criminal Defense There are few things that compare to being investigated or charged with a crime. Defendants are supposed to be presumed innocent, but in the real world people assume the opposite. Many people do not understand that witnesses often lie and police officers make mistakes all the time. Some officers will embellish stories in order to charge defendants and the result is rampant overcharging. There is nothing more unjust than false or embellished charges, but unfortunately it happens all the time. Benjamin is an aggressive South Florida criminal defense lawyer that will do whatever it takes to get his clients out of jail and have their charges dropped or reduced. He has years of criminal defense experience representing clients in Miami-Dade, Broward, Palm Beach, Martin and St. Lucie Counties and has taken over 75 cases to jury trial.
Violent Crimes Benjamin has earned acquittals in all types of violent offenses including those carrying life in prison, and has prevailed in numerous evidentiary motions. Benjamin represents clients facing misdemeanor assault and battery charges, and has extensive experience successfully representing defendants in domestic violence cases. He fights for clients facing circuit court charges for felony battery, robbery, armed robbery, aggravated assault, attempted murder, arson and all other violent offenses. These cases frequently come down to identification, and Benjamin knows how to cross examine witnesses to exposes biases and inaccuracies. He fights to convince the state to dismiss or reduce charges, and is never afraid to take his client’s case before a jury if that is the best option. Benjamin also does whatever it takes to secure the release of his incarcerated clients. There is no greater government power than throwing a person in jail, and Benjamin takes it personally when his clients are locked up. He visits his incarcerated clients regularly and files bond review motions at all stages of the case.
Drug Crimes Drug charges are extremely common in Florida, and account for nearly a quarter of the total arrests in the state each year. The Florida drug laws are extremely harsh compared to other states, which makes it important to retain a lawyer with a successful history of defending drug charges. Florida is one of the few states that classifies the simple possession of certain substances such as heroin, cocaine and oxycodone as a felony. If a simple drug possession case is not handled properly it can result in a permanent felony conviction, and the possibility of jail time. Benjamin is a staunch advocate for the decriminalization of drug possession, and he takes these strong beliefs to the courtroom. He has represented hundreds of clients in charges including drug trafficking, distribution, possession, and marijuana cultivation. He has won jury trials in almost every type of drug case, and has successfully argued for the suppression of evidence dozens of times. If you have been charged with any drug offense in South Florida or along the Treasure Coast, Benjamin is standing by to fight for you.
DUI and Traffic Offenses Law enforcement officers arrest well over 5,000 drivers for DUI each year in South Florida and another 1,000 along the Treasure Coast. DUI is one of the few offenses that all types of police officers actively search for, and anyone who is pulled over on a Florida road is subject to a DUI investigation. This is especially true on nights and weekends, when officers are suspicious of all drivers. Drinking modest amounts of alcohol and driving is not illegal, but when an officer smells even a hint of alcohol during a traffic stop an arrest will likely follow. Never perform roadside exercises or submit to a breathalyzer test if you have been drinking, as most times these tests simply make it easier for the state to prove a case against you. Less is more, and an experienced Florida DUI lawyer like Benjamin will be able to argue that lack of evidence requires an acquittal. The firm also specializes in leaving the scene of an accident, fleeing or eluding and reckless driving charges.
Juvenile Crimes There are few things worse as a parent than receiving a call that your child has been arrested, but unfortunately this happens over 10,000 times in South Florida each year. The range of emotions goes from disbelief to anger and fear about your child’s future. Regardless of the type of charge, Benjamin fights to tooth and nail to protect all of his juvenile clients and their futures. He understands the unique challenges that these cases bring and prioritizes forming a trusting relationship with his juvenile clients and their families.
Violation of Probation For some defendants, probation is a break that allows them to avoid jail time and return to their normal lives, but for others it can turn into a nightmare. Accepting a probation sentence may keep you out of jail, but it has consequences. Probation agents have more power than they should, and if you get on their bad side a violation could be easily be filed. What makes the situation worse is that many judges hold violation of probation defendants without bond until their court date. Benjamin specializes in representing defendants facing probation violations, and will fight for a VOP bond and the termination or shortening of your supervision.
Theft and Fraud Just because a crime is non-violent does not mean judges and prosecutors will take it lightly. Theft crimes account for the second most arrests in Florida behind drug crimes, as thousands of people are locked up each year in South Florida for offenses ranging from shoplifting to grand theft and embezzlement. Most theft crimes, including motor vehicle theft, credit card theft and identity theft are classified as felonies, and if not handled correctly in court could result in a lengthy jail sentence and a permanent felony conviction. Victim’s often show up at court and attempt to sway the prosecutor and the judge to impose a harsh sentence, but a lawyer can be the voice of reason to prevent this from happening. Benjamin is an experienced Florida theft lawyer who understands the impacts a criminal conviction can have on a person’s future and does whatever it takes to protect his clients.
Gun and Weapon Crimes Florida has established harsh penalties for anyone convicted of certain weapons offenses such as carrying a concealed firearm and possession of a firearm by a convicted felon. Gun crimes are taken seriously by prosecutors and judges in South Florida, and retaining an expert attorney with experience in weapons offenses is key to avoiding a felony conviction and the possibility of jail time. Benjamin has successfully defended hundreds of clients in weapons charges in state and federal court and is standing by to fight for you.
Prostitution and Sexual Crimes Prostitution and sexual offenses are treated far more harshly than is necessary or just, and it seems that anyone facing these charges has an uphill battle the minute they are investigated. An experienced lawyer can help even the playing field by arguing all applicable legal defenses, and reminding the judge and jury that the state must meet the high burden of proof beyond a reasonable doubt. Benjamin has successfully defended dozens of prostitution charges and has achieved jury trial acquittals for human trafficking and sexual battery. He understands the serious nature of these charges, and is not afraid to go after state’s witnesses in court who threaten the freedom of his clients.
Client Centered Approach In the early stages of a criminal cases the uncertainty of the potential outcome can cause immense stress and anxiety, which often leads to sleepless nights, arguments with friends or loved ones and underperformance at the workplace. Once the case is over these emotions will subside, but criminal cases can last for months and even years. Retaining an experienced and compassionate lawyer early on in the process can greatly reduce the stress on you and your family. Benjamin is fully aware that results are king, but a complete lawyer is obligated to do more than just produce a good result. Complete lawyers are always accessible to answer questions or to listen to concerns from the client and their families, and complete lawyers keep their clients informed at every important stage of the case. Benjamin provides all clients with his cell phone number and does not pass calls off to a secretary or an assistant. If you want to speak with your lawyer he should only be a phone call, email or text message away, and Benjamin takes this seriously. He is never too busy to speak with his clients, and makes himself available on nights and weekends. Facing criminal charges is stressful enough as it is, and there is absolutely no reason a lawyer should keep his or her clients out in the cold to add to this stress. Just because a defendant is not facing years in jail does not mean his or her case is less important. Benjamin has represented clients with security clearances, professional licenses and numerous active duty military personnel that cannot afford to have any type of criminal conviction on their record. He understands that for many of these clients, jail is not the main issue, but rather making sure that his client’s careers are protected is the top priority. Benjamin has unparalleled experience in the courtroom, and has defended clients charged with just about every offense on the books. Call Benjamin today at (954) 543-0305 to have him explain how he can fight for you.