State Criminal Defense

Being charged with a crime is a difficult and stressful experience. You are up against the power of the Federal or State Government and all their resources, so you need expert guidance through the confusing procedures and processes that will decide your future. Criminal charges are often difficult to separate in to clear categories because the specific circumstances of each case, and nuances of the law, will determine whether a crime is charged in Federal or State court.

After an arrest for DUI, you must act quickly to protect yourself. We have only 10 days following a DUI arrest to notify the DMV that you will be fighting the suspension of your driver’s license. If you fail to obtain the counsel of an experienced attorney, you place your rights and your future at risk. Additionally, there are various legal strategies for challenging any evidence used to convict you, including breathalyzer test results and the stated reasons for being pulled over in the first place.

Drunk driving arrest triggers two parallel legal actions—1) a criminal proceeding that determines your guilt or innocence of the charge, and 2) a DMV administrative proceeding that could result in the loss of your driver’s license. A person facing a DUI charge needs effective representation in both proceedings to fully protect their rights.

Conviction of a drug charge has serious consequences that can include a jail sentence and a permanent blemish on a person’s record. As an experienced Fort Lauderdale criminal defenseattorney, Della Fera has successfully represented numerous clients accused of drug crimes. Della Fera looks for every opportunity to obtain a dismissal or reduction of the charges and has persuaded the State Attorney not to press charges for these and other reasons through assertive pre-filing activities. If a case does go forward, Defense Attorney Della Fera dedicates himself 24/7 to developing a strong case and vigorous defense effort to minimize the consequences for clients accused of:

  • Under the influence
  • Possession
  • Possession with intent to sell
  • Prescription drug fraud
  • Drug Trafficking (manufacturing, sales and transportation of drugs)

In Economic crime cases, it may not be enough to pay restitution to the alleged victim. Even if you pay back the amount of money allegedly stolen, a conviction could still result in being sentenced to jail, house-of-correction, or state-prison. Miami Criminal Defense Attorney Della Fera represents individuals charged with all types of economic crimes.

Firearms and Weapons Offenses: concealed firearm/weapon, felon or delinquent in possession of firearm…

If you have been charged with a weapon or firearm offense, South Florida Defense Attorney Della Fera will hear the facts of your particular case and determine the defenses to reduce your charges or possibly have your case dismissed.

A conviction for any type of theft can adversely affect your future in many ways. Employers typically screen job applicants by running a criminal record check, and most employers will instantly disregard an applicant with a criminal record, even if his/her skill set is superior to the competitions. It is paramount to avoid a conviction for a theft crime.

There are a number of scenarios that could lead to robbery charges. Many robbery cases are identification cases. The prosecutor’s key evidence comes from an alleged victim, or an eyewitness, viewing a photo array or a lineup and identifying the person who looks like the suspect. Broward Criminal Defense Attorney Della Fera has experience in handling all types of robbery charges and the subjective nature of the identification process. In many cases, a successful motion to suppress identification may leave the State with no case against you, and force the prosecutor to dismiss the charges entirely.

Violent Crimes: assault & battery, manslaughter, homicide, aggravated…

As with other criminal allegations, a person accused of a violent crime is often innocent of the crime charged, or responsible only for a less serious charge. Miami-Dade Criminal Defense Attorney Della Fera will investigate all aspects of the evidence against you, and all relevant issues of law. Piece by piece, and element by element, he will work to build an effective defense that maximizes the likelihood of a positive outcome for you.

Intentionally touching another person in an unwanted way, regardless of the outcome, can lead to a charge of battery—whether it was a simple unwanted touch or contact leading to bodily harm. The penalty may increase if you are accused of using a weapon or committing battery against a pregnant woman or a law enforcement officer. In domestic violence cases, the alleged victim does not have the power to “drop the charges.” Once a person is arrested and brought before a court for arraignment, the State Attorney’s Office takes control of the case. You should hire a good attorney to work toward ultimately getting the case dismissed if you are charged with domestic assault and battery, violation of a restraining order, or any other type of domestic violence.

Broward Circuit Court

Result: Not Guilty Client’s girlfriend told police that client had thrown her to the ground and then strangled her to the point that she could not breathe. Client was arrested in Broward County on one count of domestic violence felony battery by strangulation and one count of misdemeanor domestic battery. Fort Lauderdale Criminal Defense Attorney Della Fera learned through his investigation that the girlfriend had given conflicting accounts of the incident and had posted them on her Facebook page. Criminal Attorney Della Fera also noted that the injuries that were documented in photographs by police were not consistent with any of the girlfriend’s accounts. The case went to trial where Attorney Della Fera spent three hours cross-examining girlfriend wherein her inconsistencies were exposed. Jury deliberated for only 30 minutes.

Miami-Dade County Court

Result: Not GuiltyA 30 year old Miami woman was charged in a domestic violence case where her boyfriend was the alleged victim. In addition to the testimony of the boyfriend, the State presented photographs of injuries on his face and hand. Miami Criminal Defense Attorney presented a case of self defense and showed his client’s testimony was more consistent with her claim of self defense then boyfriend’s claim of unjustified battery.

Miami-Dade Circuit Court

Result: Charges Dropped, No Jail Served, Avoid Deportation Client, a non-U.S. citizen, was arrested for felony cultivation of marijuana in his home in Miami and faced five years in Florida State Prison. Police claimed that client consented to the search of his home. Client hired Miami Criminal Defense Attorney Della Fera to handle the matter from the inception of the case and won a motion to suppress the search of the client’s home convincing the judge that his client’s “supposed” consent was involuntary and there was no other legitimate basis for the police to search the home. The State appealed the judge’s granting of Della Fera’s motion. Della Fera handled the appeal and upheld the judge’s decision.

Miami-Dade County Court

Result: Client Acquitted, Avoids Penalties. Avoids Probation, Avoids License Suspension, No Criminal Record. A young professional woman was arrested for DUI in Miami Beach after being stopped for improper lane change. The State and the arresting police agency attempted to convict the client on the testimony of veteran patrol officers with seemingly impressive experience in DUI arrests. Client hired Dade County DUI Attorney Della Fera to represent her. After conducting his review of all of the evidence, Della Fera presented in trial several inconsistent statements among the officers, such as the failure to complete the police reports accurately and the failure to document certain aspect details critical to the investigation and thus received an acquittal.

Miami-Dade Circuit Court

Result: Avoids Life Sentence, No Criminal Record. Client arrested for second degree murder for allegedly shooting a man in a crowded nightclub in Miami. Client hired Miami Criminal Defense Attorney Della Fera to represent him. Della Fera was able to obtain the client’s release on bond prior to trial. The State presented three alleged eyewitnesses to the shooting who identified the Client as the perpetrator. Defense Attorney Della Fera obtained an acquittal by exposing the witnesses’ motivations to lie as well as inconsistencies in all three eyewitness accounts, even using the State’s own Medical Examiner to discredit the eyewitness testimony.

Broward Circuit Court

Result: Charges Dropped, Released From Jail. Client charged with first degree murder in Fort Lauderdale after he shot and killed his unarmed neighbor during a dispute over the property line dividing their properties. National and local press vilified Client as the “lawn feud shooter” and dozens of pundits expounded upon the “lawlessness in our society” and the “senseless killing of an unarmed man.” Client hired Fort Lauderdale Criminal Defense Lawyer Della Fera who met with him in jail and discovered it was a clear case of self-defense. Della Fera investigated the case and discovered numerous witnesses who could testify not only to the act of self-defense, but also to the ongoing dispute between the two men wherein the neighbor was always the aggressor and continually escalating the situation. Della Fera negotiated with the State Attorneys Office to allow his client and his defense witnesses to testify before the grand jury. Grand jury deliberated less than ten minutes and declined to issue an indictment. Della Fera arranged for the Miami Herald to print a front page article declaring the Client had been vindicated.