Miami Criminal Defense Attorney
Fighting to Protect the Citizens of Miami-Dade County
The Tomas Law Firm represents people in Miami and surrounding areas who have been arrested or charged with crimes. Our passion is justice, and we do whatever it takes to ensure that our clients are fairly represented.
- The right to remain silent
- The right to an attorney
You have rights after an arrest, and those rights are found in the U.S. Constitution:
- The right to remain silent: You have the right to remain silent and avoid incriminating yourself. Anything you say can be used against you in court.
- The right to an attorney: You have the right to an attorney, and if you cannot afford one, an attorney will be appointed to you.
- The right to know the charges: You have the right to know the charges against you and the evidence the authorities have against you.
- The right to a speedy trial: You have the right to a speedy trial, which means that you should be brought to trial within a reasonable time after your arrest.
- The right to confront witnesses: You have the right to confront the witnesses against you and cross-examine them in court.
- The right to bail: In most cases, you have the right to be released on bail, which is money you pay to the court to ensure that you appear for future court dates.
A conviction has the potential to change your life forever. Consequences could include jail, a lengthy prison sentence, fines, probation, and collateral consequences. Don't let a criminal conviction disrupt your life. By contacting Attorney Tomas, you can be sure that your case and your future is in good hands.
Understanding Your Options
You can discuss the details of your case with an attorney from the firm during a free consultation. During this time, they will be looking for anypertinent information they can use to build a compelling case, in addition to answering the questions you may have. There are many tactics that a lawyer from the firm can employ when seeking to protect you against a conviction. One of the first steps will involve doing an investigation. This can often turn up valuable resources that they can add to your defense.
Attorney Tomas' Qualifications:
- State & Federal court experience
- 20+ Years of legal experience
- Super Lawyers® Rising Stars℠
- 10 out of 10 “Superb” Rated on Avvo
In many cases, defense attorneys challenge the evidence or how it was obtained in hopes of getting the case dismissed or the charges reduced. If it is not possible to get your case dismissed, you may be facing the option of accepting or rejecting a plea deal or "plea bargain." Essentially, you would agree to plead guilty in exchange for a reduced charge/sentence.
A private defense attorney will have your best interests in mind. Many people, for financial or other reasons, opt to be represented by a public defender. We strongly advise against this. Public defenders have a caseload that is far too big for them to handle, so they have minimal time to give your case the attention it deserves. Attorney Tomas provides one-on-one, individualized representation at an affordable cost, which could make the difference in your case.
Criminal Defense Cases We Handle
As a full service criminal defense law firm, we handle all types of felony and misdemeanor cases. Attorney Antonio Tomas has experience in both state and federal court, so you can trust him to handle all degrees of criminal charges. He has also been included on the Super Lawyers® Rising Stars℠ list for four consecutive years, from 2013 to 2016.
Listed below are some of the most common types of cases or firm handles:
What People Are Saying About The Firm
"I was being accused of a horrible crime and the state was trying to send me to prison and have me deported. Tony was very aggressive in fighting my case and at the end, the state finally dismissed the charges. I will be forever grateful to him."
"I was facing 15 years in prison. After the public defender didn't do anything for me, I decided to hire him. Thank GOD I did. The state dropped the charges. If you are ever in trouble, do yourself a favor and hire this man!"
"I thought my husband was going to go to jail and there was nothing he could do about it. My husband's previous lawyer wanted him to plead guilty and serve 5 years in jail and told me that it was the best deal we would get. I hired Tony and he got the case dismissed!"
Start your legal journey with Our Miami Criminal Defense Attorneys
A Miami criminal lawyer can help when the restrictions are believed to be violated and may be able to demonstrate to the court sound reasoning not to impose additional consequences. When you are in need of exceptional criminal defense, do not wait to call the office and schedule a free consultation. Their years of experience and in depth knowledge of criminal law can aid you in avoiding a conviction that will remain on your record permanently. Don't wait, get in touch with a criminal defense lawyer near you.
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What’s the Difference Between Probation and Parole?
People are usually considered for probation if is their first offense the crime was of a nonviolent nature. The probationary period comes once the defendant's jail or prison sentence has been suspended and they are permitted to serve out the rest of their sentence as an active member of the community, outside of incarceration. This privilege is only allowed if they follow and abide by all the terms of their agreement and the conditions of their probation. Once probation is over and completed, then they free from any further court supervision.
Parole is somewhat different from probation in that it is granted to people who have served the minimum number of years in prison. Once that amount of time has passed, then their case is reviewed by the parole board and they decide whether or not they can be released to finish the remainder of their sentence out on parole. Several factors are taken into consideration when making this decision, such as the nature of the crime committed, whether they have some place to go, how crowded the prison is and their overall attitude and cooperation throughout their time in prison. Parole, similar to probation, also comes with certain conditions and limitations that must be followed otherwise it could be revoked. If the individual complies with the terms of their parole for the duration of time allotted, then their criminal sentence is completed and discharged.
In 1983, Florida enacted the sentencing guidelines, thereby effectively abolishing parole for those offenders who were sentenced for crimes committed on or after October 1, 1983. For federal crimes, parole was abolished as of November 1, 1987, although the Parole Commission retained limited jurisdiction over some defendants for some years after that.
Are the Police Required to Read Me My Rights When They Take Me Into Custody?Contrary to what the movies tell you, the police are not legally obliged to read you the Miranda rights when they take you into arrest. Many still do as a precautionary measure because if they do not and you end up making an incriminating statement, they are not allowed to use your declaration as evidence against you in trial. The Miranda warning is essential for when you are in police custody and they wish to question you and use your answers as evidence. If you are not in custody however, and they question you trying to find out information about a case, anything you say can be admissible as evidence even without the Miranda warning. The warning goes as follows, "You have the right to remain silent, if you do say anything, what you say can be used against you in a court of law. You have the right to consult with a lawyer and have that lawyer present during any questioning. If you cannot afford a lawyer, one will be appointed for you if you so desire. I you choose to talk to the police officer, you have the right to stop the interview at any time.
Can’t I Simply Plead Guilty and Get It Over With?If you are indeed guilty and there is a great deal of evidence against you, it is still vital that you have a legal defender to protect your best interests. If you go up against the prosecution without the proper protection then you may end up receiving a maximum sentence for the crime you committed. What Attorney Tomas can do is negotiate with the prosecution and fight to have your charges reduced to a minimal sentence. It is never wise to simply give up hope and stop fighting; your future is something worth fighting for.