Criminal defense · Homestead
Homestead criminal defense lawyer
The first appearance happens within about a day, and the conditions set there govern the months that follow
Jose A. Dapena handles criminal defense from the Homestead office on NE 15th Street. The first twenty-four hours, bond and conditions of release, DUI, drug charges, theft, assault and battery, domestic violence, weapons charges, probation violations, sealing and expungement. The consultation is with the attorney who would appear.
- Homestead office
- 100 NE 15th Street, Suite 210
Homestead, FL 33030 - Phone
- (786) 900-0184
- Hours
- Monday to Friday
08:30–17:00 - Who handles it
- Jose A. Dapena
Florida Bar 152358
Where a South Dade criminal case is heard depends on what it is. The South Dade Justice Center handles matters from the south of the county, and felony cases in Miami-Dade are handled at the Gerstein Justice Building on NW 12th Street. What does not vary is the first appearance, which happens within about a day of arrest wherever the case ends up, and which decides the terms somebody lives under until the case is over.
This office also handles immigration, which matters here more than it does in most markets. A plea that looks like a good outcome in state court can be a conviction for immigration purposes, and the two sides are read together rather than one after the other. The law is on the Florida criminal defense page.
01 Handled from this office
Criminal defense matters handled from Homestead
Each one has its own page, with the Florida statutes and what actually decides the case.
- The first 24 hoursNothing that happens today is as reversible as it feels
- DUITwo cases start at once, and the one with the ten-day deadline is not the criminal one
- Sealing and expungementFlorida does not erase convictions, whatever the advertising says
- Domestic violenceThe person who called cannot call it off, and the no-contact order starts before anyone has a lawyer
- Drug traffickingTrafficking is a weight, not an activity, and nobody has to have sold anything
- Drug chargesFor most substances there is no small amount — quantity changes the charge, not whether there is one
- Assault and batteryFour different offenses, and a touch can be one of them
- Theft and robberyTheft is measured in dollars. Robbery is measured in whether anyone was pushed.
- Weapons chargesThe enhancement is usually worse than the charge it attaches to
- Sex offensesThe sentence ends. The registration requirement is the part that does not.
- HomicideWhat separates these charges is a state of mind, and the felony murder rule does not require one
- Juvenile defenseA juvenile case does not necessarily stay in juvenile court, and that decision is not a judge’s
- Probation violationsThe original sentence comes back, and the hearing is nothing like the trial you did not have
- Driving with a suspended licenseIt is a crime rather than a ticket, and the State has to prove you knew
- FraudThe documents are the case, and there are always more of them than anyone expects
- Federal chargesA different courthouse, a different prosecutor, and a bail rule that starts from detention
02 Where a South Dade criminal case is heard
South Dade Justice Center
10710 SW 211th Street, Miami, FL 33189
The South Dade Justice Center is the branch courthouse for the south of the county, which is why a case from Homestead or Florida City does not automatically mean a trip to the main buildings downtown. Felony matters in Miami-Dade are handled at the Richard E. Gerstein Justice Building at 1351 NW 12th Street, so which building a case runs through depends on the charge rather than on the address of the person charged.
First appearance happens fast and it sets the terms. Bond and conditions of release are addressed within about a day of arrest. Those conditions — no contact with a named person, surrender of a passport or a firearm, a curfew, GPS — govern daily life for months. Arguing them at the first appearance is far easier than moving them afterward.
A DUI arrest also starts a clock the criminal court will not mention. Ten days to request review of the administrative license suspension, with the suspension beginning the day the notice is issued. It runs separately from everything happening in the criminal case, and in an area where the work is spread across the county and the Keys, losing the license is frequently the part that does the most damage.
Say immediately if the person charged is not a US citizen. To the defense lawyer, not to the court. It changes which dispositions can even be considered, and it is the single most common thing that is raised too late.
03 How it starts
- The consultationAt the Homestead office in Homestead, or by phone where somebody is in custody and the first appearance is hours away. It is with Jose A. Dapena.
- What to bringThe arrest form or charging document with the case number, the bond paperwork, any notice of a court date, and anything from any prior case in any state, however old and however it ended.
- What not to do firstDo not explain what happened — not to officers, not on a recorded jail call, not to the person involved. Jail calls are recorded and routinely obtained. If there is a no-contact order, do not contact that person through anyone.
- What it costsCriminal matters are handled on a flat fee set by the charges and the scope of the representation, stated in writing before anything is signed. There is no contingency fee and there are no payment plans. Any charge for the consultation is disclosed before the appointment.
What people ask in Homestead
Will the case be at the South Dade courthouse or downtown?
It depends on the charge. The South Dade Justice Center is the branch for the south of the county, and felony matters in Miami-Dade are handled at the Gerstein Justice Building downtown. The charging document and the case number are what settle it.
When is the first appearance?
Within about twenty-four hours of arrest. A judge addresses probable cause, bond, and the conditions you will live under until the case ends. It is short, and a great deal is decided in it.
Can the alleged victim drop the charges?
No. The decision to prosecute belongs to the State Attorney, and in domestic violence matters prosecutors frequently proceed regardless of what the complaining witness wants.
I am not a US citizen. Does that change the advice?
Substantially, and it has to be said at the start. A withhold of adjudication is frequently a conviction for immigration purposes, and a sentence of exactly one year can close off most relief. This office handles immigration as well, which is why the plea and the immigration consequence are read together.
It was a DUI. What is the ten-day thing?
A separate administrative process about your driver license, running on its own clock from the day the notice is issued. Ten days to request review. It has nothing to do with the criminal case and it is missed constantly.
Can an old case be sealed or expunged?
Sometimes, and the eligibility rules are specific about what the disposition was and whether anything has been sealed before. It is worth checking properly rather than assuming either way.
Criminal matters are handled on a flat fee, set by the charges and the scope of the representation. Any consultation charge is disclosed before the appointment. There are no payment plans.
Talk to Jose A. Dapena about a South Dade criminal case
The Homestead office is on NE 15th Street. If a first appearance is hours away, call rather than wait for an appointment.
Criminal matters are handled on a flat fee, set by the charges and the scope of the representation. Any consultation charge is disclosed before the appointment. There are no payment plans.