ARRESTED? INVESTIGATED?
ARRESTADO? INVESTIGADO?
A homicide investigation can change your life before prosecutors file a charge. Police may be examining a shooting, a fatal fight, a crash, or an alleged overdose. Your freedom, family, employment, and future may depend on what happens in the first days.
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If you or a family member is under investigation for murder, manslaughter, vehicular homicide, or another unlawful killing in Miami-Dade, contact us now. We can assess the allegation, identify urgent defense steps, and discuss hiring our firm to represent you.
Call or text 305-644-1800 for a free strategy session with Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers.
At Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers, we defend people accused of murder, manslaughter, and other unlawful killings in Miami-Dade County. Our goal is to achieve dismissal of charges, a charge reduction, or acquittal whenever possible. Call or text 305-644-1800 for a free strategy session so we can discuss the accusation and how our firm can help.
We serve clients facing allegations in Miami, Miami Beach, Hialeah, Doral, Coral Gables, Homestead, North Miami, and surrounding communities. Early defense work can preserve surveillance video, locate witnesses, and test assumptions before they become the prosecution’s account of events.
Represented since 1987
English and Spanish
Homicide means the killing of one person by another. It does not automatically mean murder or a criminal offense. Florida recognizes lawful self-defense and other legally justified or excusable killings. The prosecution must establish the elements of the charged crime beyond a reasonable doubt.
Florida Statute 782.04 distinguishes first-degree murder, including premeditated murder and specified felony murder, from second-degree murder, which covers a killing by an act imminently dangerous to another and evincing a depraved mind, and certain deaths caused by someone other than the person committing an enumerated felony. Third-degree murder concerns certain killings during other felonies. Felony murder can apply without an intent to kill; the underlying felony and who caused the death matter.
Florida also allows a first-degree murder charge when an adult unlawfully sells or provides fentanyl, heroin, cocaine, methamphetamine, or other listed drugs and the person who uses them dies. This is a homicide charge, not a drug charge, and it does not require any intent to kill. The State must prove the substance caused, or was a substantial factor in causing, the death.
We examine the alleged intent, participation, sequence of events, and relationship between the felony and the death. Being accused alongside another person requires careful analysis of what you actually did.
Florida Statute 782.07 addresses an unlawful killing by act, procurement, or culpable negligence that is neither murder nor excusable homicide. It is ordinarily a second-degree felony. Deaths of children, elderly persons, or disabled adults caused by culpable negligence under the specified abuse statutes, or of officers, firefighters, emergency medical technicians, or paramedics performing their duties, can constitute first-degree aggravated manslaughter. Ordinary carelessness is not automatically culpable negligence.
Under Florida Statute 782.071, vehicular homicide requires reckless driving likely to cause death or great bodily harm. It is ordinarily a second-degree felony, with first-degree treatment for specified failures to provide information and aid or qualifying prior convictions. A fatal collision alone does not establish this offense.
DUI manslaughter is a separate offense under Florida Statute 316.193. It ordinarily carries second-degree felony treatment and a mandatory minimum of four years in state prison; specified circumstances elevate it to a first-degree felony. We examine impairment evidence and causation separately.
For adults, first-degree murder can carry the death penalty or life in state prison without parole, subject to the applicable capital sentencing requirements. Second-degree murder is punishable by up to life in state prison. Third-degree murder, ordinary manslaughter, and ordinary vehicular homicide generally carry up to 15 years in state prison; first-degree felony versions generally carry up to 30 years in state prison unless a specific law changes the range. See Florida Statute 775.082.
Firearm findings can increase exposure under Florida Statute 775.087. Its 10-20-Life provisions, which require mandatory minimum prison sentences of 10 years, 20 years, or 25 years to life, depend on the listed offense, actual possession, discharge, resulting harm, and statutory exceptions. They do not create a universal sentence for every homicide allegation. Separately, using a firearm during a manslaughter can reclassify it from a second-degree to a first-degree felony, raising the maximum from 15 to 30 years in state prison.
Sentencing scores, prior convictions, enhancements, and multiple counts can change the actual prison exposure. A conviction can also affect firearm possession, immigration status, professional licensing, employment, and civil litigation. We review these consequences before recommending a plea or trial strategy.
Under Florida Statute 776.012, deadly force may be justified when reasonably believed necessary to prevent imminent death, great bodily harm, or an imminent forcible felony. The no-duty-to-retreat provision has conditions, including lawful presence and not engaging in criminal activity.
An argument, insult, or fear without the required imminent threat does not automatically justify deadly force. We investigate threats, weapons, distance, injuries, witness viewpoints, video, and who initiated or escalated the encounter.
Immunity from prosecution means the case cannot go forward at all. If a judge finds that the use of force was legally justified, the charges must be dismissed before any trial, and the law protects the person from being arrested, held in custody, charged, or prosecuted for that use of force.
Florida Statute 776.032 provides immunity when its requirements are met. After a prima facie immunity claim is raised at the pretrial hearing, the party seeking to overcome immunity bears a clear-and-convincing-evidence burden. Immunity and the defense presented at trial are distinct procedural questions. Immunity does not apply when force is used against a law enforcement officer performing official duties who identified himself or herself, or whom the person knew or reasonably should have known was an officer.
An accidental death may also require analysis of Florida Statute 782.03, which defines excusable homicide in specific circumstances. Calling an event an accident does not settle the legal issue; we examine the conduct and applicable requirements.
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We identify surveillance systems, dispatch recordings, body-camera footage, phone records, location data, and witnesses. We can work with investigators to document the scene lawfully and arrange preservation requests. Do not alter, discard, or privately collect potential physical evidence.
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We examine the limits of eyewitness accounts, DNA mixtures, fingerprints, firearm comparisons, gunshot residue, and digital evidence. Where appropriate, we seek independent expert review of autopsy findings, trajectories, toxicology, or crash reconstruction. An expert’s conclusion must be evaluated against the underlying data and alternative explanations.
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We compare the medical findings and timeline with the prosecution’s theory. We challenge unsupported claims about premeditation, culpable negligence, reckless driving, or involvement in an underlying felony. A disputed degree can substantially affect the defense and the potential prison sentence.
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We review warrants, consent, interrogations, and the circumstances of any confession. When supported by the facts and law, we ask the court to suppress unlawfully obtained evidence or statements and challenge unreliable identification procedures.
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Under Florida Statute 777.011, a person who intentionally aids a crime can be prosecuted as a principal. Mere association does not establish that assistance. We examine communications, actions, and the evidence of intent rather than accepting guilt by association.
You can decline investigative questioning and request an attorney before discussing the incident. Clearly state that you are invoking your right to remain silent. Do not resist officers, obstruct an investigation, or ignore a lawful order.
The Fifth Amendment protects against compelled self-incrimination, and custodial interrogation raises Miranda protections. The Sixth Amendment right to counsel generally attaches after formal proceedings begin. Requesting a lawyer does not guarantee an immediate lawyer at every encounter, but you do not need to volunteer an explanation of the incident.
Do not discuss the facts on recorded jail calls, social media, or messages to potential witnesses. Do not delete communications or contact anyone to influence testimony. Ask family members to contact our firm and preserve existing information without changing it.
The case may begin with an investigation, arrest, first appearance, and a release or detention decision. Homicide allegations can raise demanding bond issues. Under Florida Statute 907.041, a person charged with homicide cannot receive nonmonetary release at first appearance once probable cause is found. When the charge is a capital, life, or first-degree felony, the State or the court must move for pretrial detention, and the hearing generally occurs within five days. We prepare for that hearing and evaluate every available challenge to detention.
After formal charges, we review discovery, investigate independently, consult appropriate experts, and file supported motions. We discuss immunity, trial preparation, and negotiated options with you. You decide whether to accept a plea after receiving advice about the evidence, sentence, defenses, and consequences.
If the case goes to trial, the State must prove every element beyond a reasonable doubt. Attend every required hearing unless the court expressly excuses you. Serious homicide proceedings should not be treated as cases that can routinely be resolved without the accused’s presence.
A person under 18 can face adult prosecution in a homicide case. Under Florida Statute 985.56, a child of any age charged with an offense punishable by death or life imprisonment, such as first-degree murder, can be indicted by a grand jury and must then be tried as an adult. Florida’s direct-file provisions in Florida Statute 985.557 also allow adult prosecution of 14- and 15-year-olds charged with murder or manslaughter, and of 16- and 17-year-olds charged with any felony. Juvenile status does not automatically keep the case in juvenile court.
The death penalty is unconstitutional for an offense committed before age 18, under Roper v. Simmons. Long prison terms remain possible. A juvenile convicted of capital murder who actually killed, intended to kill, or attempted to kill faces life in state prison or a minimum of 40 years in state prison. Florida Statute 921.1401 requires consideration of youth-related factors in specified sentencing proceedings, including maturity, family environment, participation, and rehabilitation.
Sentence-review eligibility and timing depend on the offense and findings under Florida Statute 921.1402. Exceptions apply; review is not an automatic release. We examine interrogation conditions, peer influence, developmental evidence, school records, family support, and the available sentencing protections.
If your child is being questioned about a death, request legal representation immediately. A parent’s presence should not be treated as a substitute for defense counsel.
You need counsel who will examine the evidence closely, explain the decisions ahead, and prepare for litigation. Albert Quirantes has practiced criminal defense for more than 35 years, handled more than 8,000 cases, and tried numerous jury trials. The firm serves clients in English and Spanish from its Miami office.
Our attorney team includes Stephen Millan, a former Miami-Dade Circuit Court judge and former prosecutor; Arthur Spiegel, a former assistant public defender who began his career as a certified legal intern in the Miami-Dade State Attorney’s Office; Jorge E. Alonso, a bilingual attorney; and Jonathan Ibáñez, a criminal defense trial lawyer whose work includes legal technology. We bring courtroom experience and careful evidence analysis to the defense of serious criminal charges.
A free strategy session lets you discuss the charge, urgent evidence issues, and representation with our firm. Bring the arrest affidavit, charging documents, court notices, and any information you already have. Do not send sensitive case facts through a public comment or social media post.
No. A killing may be legally justified or excusable. The circumstances and evidence determine whether the State can prove a criminal offense.
Yes. Under Florida’s felony-murder rule, a death that occurs during certain serious felonies, such as robbery or burglary, can be charged as murder even if no one intended to kill. Florida law also allows a first-degree murder charge when an adult unlawfully sells or provides certain drugs, such as fentanyl or heroin, and the person who uses them dies. In both situations, we examine the underlying offense, whether it actually caused the death, and your alleged role.
Potentially. An immunity motion can seek dismissal when the statutory requirements are satisfied. Preparing the evidence for the hearing is essential.
No. The State must prove the required reckless operation and causation. A tragic outcome does not supply those elements by itself.
Seek legal advice before answering investigative questions. Clearly invoke silence and request counsel; speculation or an incomplete explanation can become evidence against you.
Yes. Adult prosecution and long prison sentences are possible, although constitutional and statutory protections for youth must be considered.
As soon as you learn that you are a suspect or face a charge. Video and other evidence can disappear quickly, and decisions made early can affect the entire case.
If you or a family member is under investigation for murder, manslaughter, vehicular homicide, or another unlawful killing in Miami-Dade, contact us now. We can assess the allegation, identify urgent defense steps, and discuss hiring our firm to represent you.
Call or text 305-644-1800 for a free strategy session with Albert Quirantes, Esq. Criminal DUI & Ticket Lawyers.