Miami Murder & Homicide Attorneys

What a Miami Murder Charge Means for Your Life

You are facing a murder charge in Miami. That means you could spend the rest of your life in prison. In some cases, it could mean the death penalty. You do not know if you will get bail. You do not know if your family can see you before the case moves forward. You do not know how the next 24 hours will shape everything that comes after.

Those fears are exactly why our firm exists.

Jeffrey S. Weiner has defended people in the worst moments of their lives for over 50 years. In 1991, he stood before the United States Supreme Court and won a case that changed Fourth Amendment law. Law schools still teach that case today. That is the level of defense a murder charge in Miami-Dade demands.

Contact us now. The first day after an arrest can decide the whole case. You should not face it alone.

The Homicide Charges We Defend in Miami-Dade Courts

Not every homicide charge in Florida is the same, and the charge you face changes everything. It changes your bail options. It changes your sentencing exposure. It can even decide whether the death penalty is on the table. 

We defend clients across the full range of homicide charges in Miami-Dade, including:

• First-Degree Murder
• Second-Degree Murder
• Third-Degree Murder
• Manslaughter
• Vehicular Manslaughter
• DUI/BUI Resulting in Death

Each of these charges calls for its own defense strategy. We build yours around the specific facts of your case, not a script.

What You’re Facing Under Florida’s Murder Law

Florida law treats murder charges differently from almost any other crime, and the differences are severe. 

Under Florida Statute 782.04, first-degree murder is a capital felony. That means the possible sentence is death or life in prison without parole. Second-degree murder is still a first-degree felony. It can carry up to life in prison. Felony murder, attempted murder, and manslaughter also carry significant prison sentences and other legal consequences.

Here is something many people do not know. You do not have to be the person who caused the death to face a murder charge. Under Florida’s felony murder rule, if someone dies during certain felonies, like robbery or burglary, everyone involved in that felony can be charged with murder. This is true even without any intent to kill.

Bail is not automatic in a murder case. Under Article I, Section 14 of the Florida Constitution, judges can deny bail when the evidence against you is strong. Getting released before trial usually requires a specific hearing, and the state gets the first word unless your defense challenges it right away.

This is not the time to wait and see what happens.

This reflects Florida law as of July 2026.

Our dedicated team at Jeffrey S. Weiner, P.A. is here to provide you with the support and expertise you need to protect your rights and pursue the best possible outcome. Contact us today by calling us at 305-670-9919 or online for a confidential consultation with our Miami murder & homicide lawyers.

Understanding Your Rights in a FL Murder Case

Facing a murder charge is an incredibly daunting experience, and it’s crucial to understand your rights throughout the legal process. At Jeffrey S. Weiner, P.A., we are committed to ensuring that you are fully informed and supported every step of the way. Knowing your rights can significantly impact the outcome of your case and help you make informed decisions.

Here are some essential rights you should be aware of:

• The Right to Remain Silent: You have the right to remain silent and not incriminate yourself. It’s important to exercise this right until you have legal representation.
• The Right to an Attorney: You are entitled to legal representation, and if you cannot afford an attorney, one will be provided for you. Having an experienced lawyer can make a significant difference in your case.
• The Right to a Fair Trial: You have the right to a fair and impartial trial by jury. This is a fundamental aspect of the judicial system that protects your interests.
• The Right to Challenge Evidence: You have the right to challenge any evidence presented against you. A skilled attorney can help identify inaccuracies or violations of your rights during evidence collection.
• The Right to Appeal: If convicted, you have the right to appeal the decision. Our team can guide you through this complex process to seek justice.

What Happens in the First 24 Hours After a Murder Arrest in Miami

In Florida, anyone who is arrested must appear before a judge within 24 hours. This is called a first appearance. For most crimes, the judge sets bail at this hearing. For murder charges, it works differently. Bail is usually denied at first appearance. Getting released requires your attorney to request a separate hearing, known as an Arthur hearing, where the defense argues that the state’s evidence is not as strong as it claims.

In Florida, first-degree murder cannot be charged directly by a prosecutor. It must go before a grand jury, which decides whether there is enough evidence to formally indict. This step does not exist for most other crimes, and it reflects how seriously Florida law treats a murder charge from the very beginning.

Answers for Anyone Facing a Murder Charge in Miami

Do I need a lawyer right now, even before I’m formally charged?

Yes. You have a first appearance within 24 hours of arrest, and if the state is weighing the death penalty, it has only 45 days after arraignment to file formal notice. Decisions made in this early window affect the entire case, so waiting costs you options you cannot get back.

What is the difference between first-degree and second-degree murder in Florida?

First-degree murder requires the state to prove the killing was planned in advance, or that it happened during certain other felonies. It is a capital felony. Second-degree murder does not require a plan to kill, but the act must still be extremely dangerous. It carries up to life in prison.

What if I’m charged because of something a co-defendant did, not me?

This happens more often than people expect under Florida’s felony murder rule. You can be charged even if someone else caused the death, as long as the state can tie you to the underlying felony. This is exactly the kind of charge that requires a defense built around the specific facts of what you did and did not do, not a general denial.

What should I do immediately after being charged with homicide?

It is essential to remain calm and seek legal representation as soon as possible. Do not speak to law enforcement without your attorney present, and gather any evidence or information that could support your case.

How long do homicide cases typically take to resolve?

The duration of homicide cases can vary widely based on the complexity of the case, the legal strategies employed, and whether the case goes to trial. Some cases may take months, while others could extend over several years.

What court will hear my case?

Murder cases in Miami-Dade are heard at the Richard E. Gerstein Justice Building in Circuit Criminal Court. This is where first appearances, bail hearings, and trials for felony cases take place.

When will I know if the state is seeking the death penalty?

If the state is considering the death penalty, it has 45 days after arraignment to file formal notice. That is a hard deadline. How your defense responds in that window can affect the rest of the case.

Will hiring a well-known defense attorney make me look guilty?

No. Retaining a defense attorney early, especially one who has already argued a case before the United States Supreme Court, is a sign that you are taking your defense seriously. It is not a sign of guilt. The people who wait the longest to get help are usually the ones with the fewest options left by the time they do.

What are some common defenses used in homicide cases?

Common defenses include self-defense, defense of others, accidental killing, lack of intent, and mental incapacity. The specific defense will depend on the circumstances of the case.

Can a homicide charge be reduced to a lesser offense?

Yes, in some cases, it may be possible to negotiate a plea deal or present evidence that supports a lesser charge, such as manslaughter instead of murder. This often depends on the facts of the case and the legal representation.

What does it cost to hire a defense attorney for a murder case?

Every case is different, and cost depends on the charges, the evidence, and how the case develops from here. Contact us for a confidential consultation to talk through your specific situation and get a clear answer before you decide anything.

What makes this firm different from other Miami criminal defense lawyers?

Jeffrey Weiner has practiced law in Miami for 50 years and personally argued a case before the United States Supreme Court. He is a former president of the National Association of Criminal Defense Lawyers and one of a small number of attorneys nationally to receive the Robert C. Heeney Award, given each year to a single attorney who best represents the values of the criminal defense bar.

If you are facing a murder charge in Miami-Dade, contact us today to schedule a confidential consultation.

Talk to a Miami Murder Defense Attorney Today

The first days after an arrest decide more than most people realize. You do not have to face them alone, and you do not have to face them without someone who has already made new law at the country’s highest court. Contact Jeffrey S. Weiner, P.A. today to schedule a confidential consultation, and find out what your real options are before another hour passes.

Reach out to us today by calling 305-670-9919 or connecting with us online to schedule a confidential consultation with our experienced Miami murder and homicide attorneys.