Miami Federal Criminal Defense Lawyer

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Miami Federal Criminal Defense Attorney Defending South Floridians From Serious Charges

A Miami federal criminal defense attorney is a lawyer who focuses on defending individuals and corporations charged with federal crimes in the state of Florida. My primary role is to provide legal representation and guidance to my clients throughout the entire federal criminal justice process.

Attorney Mark J. O'Brien Miami defense lawyer

My Florida criminal defense law firm consists of six lawyers, four legal assistants, two private investigators, and one sentencing mitigation specialist. I will be the lead attorney on your case. This means I will conference with you, analyze your discovery, explain the law relevant to your case, attend all court appearances, handle all motion hearings, a trial (if there is one), and a sentencing hearing (if there is one).

I treat every client’s case, no matter the size and scope, as an opportunity to win and burnish my credentials to further my law firm’s ambitions. I therefore sincerely appreciate the trust you have placed in me during this difficult time in your life. I will work hard to earn even more of your trust as we move forward. Your journey will not be easy, but then again nothing worth doing ever is.

Legal Representation

Please allow me to explain how my legal representation of you will proceed chronologically, at least at the outset, so that you know what to expect from this point forward. Please note, depending on the stage you retain me, that not every one of these events will occur.

However, this is a general outline of what to expect from start to finish in a typical case.

  1. Case Evaluation: I will thoroughly review the details of your case, including evidence, witness statements, and legal statutes, to assess the strengths and weaknesses of the government’s case against you.
  2. Legal Advice: I will provide legal advice, explaining the charges, potential consequences, and available defense strategies. I will help you understand your rights and options.
  3. Investigation: I will conduct an independent investigation to gather evidence, interview witnesses, and identify any potential defenses or mitigating factors that can be used to challenge the government’s case.
  4. Plea Negotiation: If authorized, I will negotiate with the government to secure a favorable plea deal. This may involve reducing charges, minimizing penalties, or seeking alternative sentencing options.
  5. Trial Preparation: If the case goes to trial, I will prepare a robust defense strategy, including selecting and preparing witnesses, cross-examining prosecution witnesses, and presenting evidence to support and explain your innocence and raise reasonable doubt.
  6. Court Representation: I will represent you in all court proceedings, including arraignments, bail hearings, pre-trial motions, and trial. I will present arguments, challenge evidence, and advance your rights and interests.
  7. Sentencing Advocacy: If you plead guilty or are convicted after trial, I will advocate for a fair and just sentence during the sentencing phase. I will present mitigating factors, you’re your background, character, or extenuating circumstances, and seek a lenient sentence.
  8. Appeals: If necessary, I will handle the federal criminal appeals process, challenging legal errors or constitutional violations that may have occurred during the case, trial and/or sentencing.

Miami Federal Defense Team

Retired United States Probation Officer

Alongside my own expertise, training, and experience, I have also integrated the profound insights and proficiency of a retired Senior Supervisory United States Probation Officer. This individual dedicated over twenty-six years to serving the United States District Court Judges in the Middle District of Florida. His extensive experience encompasses a broad spectrum of knowledge pertaining to the United States Sentencing Guidelines.

Retired United States IRS Federal Agent

My expertise and credentials are further enhanced by the addition of a former United States IRS Federal Agent’s vast experience and skill set to my law firm. This individual, with a distinguished career in the IRS Criminal Investigations Division, now serves as a licensed private investigator for my practice after twenty-seven years in federal service. As a certified fraud examiner and forensic accountant, his exceptional understanding and proficiency are indispensable assets to our team, particularly in cases involving white-collar crimes, fraud, and money laundering.

Retired Drug Enforcement Agency Federal Agent

My team is further strengthened by the expertise of a former United States Marine Intelligence Officer who also served as a Federal Agent with the Drug Enforcement Agency (DEA). Following an honorable tenure with the Marines, he distinguished himself as the top graduate of his DEA class. Subsequently, he joined the elite and newly established paramilitary special operations group, FAST. His role in FAST led him to Afghanistan, where he played a pivotal role in the disruption of narcotics networks that funded terrorist activities. His efforts culminated in the successful extradition of high-level heroin traffickers and narco-terrorists to the United States for legal proceedings. He understands how federal, state, and local law enforcement agencies and prosecutors operate in Florida and nationwide.

Areas of Practice

I defend all federal criminal court areas of practice, including but not limited to the following federal crimes:

Federal White Collar Criminal Defense

  • Tax Fraud
  • Mail Fraud
  • Wire Fraud
  • Bank Fraud
  • Mortgage Fraud
  • Securities Fraud
  • Medicare Fraud
  • Health Care Fraud
  • Bribery
  • IRS Issues
  • Identity Theft
  • Embezzlement
  • Insider Trading
  • Ponzi Schemes
  • Money Laundering
  • Sarbanes Oxley Offenses
  • Conspiracy to Commit Federal White Collar Offenses
  • All Other Federal White Collar Crimes

Federal Sex Crimes Defense

  • Child Pornography Possession Offenses
  • Child Pornography Receipt Offenses
  • Child Pornography Distribution Offenses
  • Child Pornography Production Offenses
  • Child Sex Trafficking Offenses
  • Adult Sex Trafficking Offenses
  • Conspiracy to Commit Child Pornography Offenses
  • Conspiracy to Commit Federal Sex Offenses
  • All Other Federal Sex Crime Offenses

General Federal Criminal Defense

  • Gun Offenses
  • Drug Offenses and Trafficking
  • Crimes of Violence
  • Conspiracy to Commit a Federal Crime
  • All Other Federal Crimes

Federal Grand Jury Investigations

  • Target, Subject, and Witness Letters
  • Target of a Federal Grand Jury Investigation
  • Subject of a Federal Grand Jury Investigation
  • Witness of a Federal Grand Jury Investigation
  • SEC, FBI, HSI, DEA, ATF, CIA, and NSI Investigations
  • All other Federal Investigations

Federal Criminal Appeals and Post-Conviction Cases

  • Direct Appeals
  • Reply Briefs
  • Oral Argument
  • 2255 Motions and Hearings
  • 2254 Motions and Hearings
  • Newly Discovered Evidence Motions and Hearings

I am a member of the State of Florida bar. I represent federal defendants in the State of Florida before the following federal courts:

In addition, I a member of the Supreme Court of the United States, the Supreme Court of the State of Montana, the Supreme Court of the State of Florida, the Massachusetts Supreme Judicial Court, and I am also a member of or a pro hac vice member of the following federal courts:

  • United States Court of Appeals for the First Circuit
  • United States Court of Appeals for the Second Circuit
  • United States Court of Appeals for the Eleventh Circuit
  • United States District Court for the Northern District of Alabama
  • United States District Court for Arizona
  • United States District Court for the Eastern District of Arkansas
  • United States District Court for the Western District of Arkansas
  • United States District Court for the Central District of California
  • United States District Court for Connecticut
  • United States District Court for the Southern District of Florida
  • United States District Court for the Middle District of Florida
  • United States District Court for the Northern District of Florida
  • United States District Court for the Southern District of Georgia
  • United States District Court for the Northern District of Georgia
  • United States District Court for the Southern District of Illinois
  • United States District Court for the Eastern District of Kentucky
  • United States District Court for Massachusetts
  • United States District Court for the Western District of Michigan
  • United States District Court for the Southern District of Mississippi
  • United States District Court for the Western District of Missouri
  • United States District Court for Montana
  • United States District Court for the Southern District of New York
  • United States District Court for North Dakota
  • United States District Court for Rhode Island
  • United States District Court for the Eastern District of Texas
  • United States District Court for the Western District of Texas
  • United States District Court for the Northern District of Texas
  • United States District Court for the Eastern District of Washington
  • United States District Court for the Western District of Washington
  • United States District Court for the Southern District of West Virginia

No Case Result Promises

Any lawyer who promises you a specific case result (i.e., case dismissal, no conviction, no prison, probation, etc.) is not being truthful. This is especially true if a lawyer makes such a promise before you pay him or her. I will not make promises that I cannot keep. I will tell you what you need to hear, not what you want to hear. This policy applies to good news, bad news and news somewhere in between. Therefore, while I cannot guarantee a certain result, I will work as hard as possible to achieve your desired result. We are in this together. And we must be honest with each other for our attorney-client relationship to work. At the end of the day if you do not tell me the truth, I will look foolish before the court, but you could go to prison. Neither is what we want out of our attorney-client relationship.

Conclusion

Overall, as your Miami federal criminal defense attorney, I will diligently work to protect your rights, build a strong defense, and achieve the best possible outcome in your federal criminal case.

Due to the nature of our relationship and your situation, there are bound to be difficult moments ahead, but in the end our goal is to achieve the optimum result. At this point, neither of us know what the optimum result will be. Our goal is to work together to achieve whatever the optimum result is.

The bottom line is our relationship is about you. It is not about me. However, since I am now your lawyer, we are in this journey together. I take this journey very seriously. Your freedom is at stake. My reputation is at stake. We therefore both have skin in the game. I do what I do each day because I believe in my cause. And my cause is you.

Please call or text me at 305-909-0624 to speak with a Miami criminal defense attorney regarding your case.