Melbourne Criminal Defense Lawyer

If you or a loved one is facing criminal charges in Melbourne, Florida, you may be feeling overwhelmed, anxious, and unsure of what to do next. The criminal justice process can be confusing and intimidating—but you don’t have to navigate it alone.
At DeGraff Hicks Law Group, we are dedicated to protecting your rights and fighting for the best possible outcome in your case. Whether you’re charged with DUI, a drug offense, a violent or sex crime, or any other allegation, you deserve experienced counsel that understands the stakes—and knows how to navigate the system for you.

We offer Board Certified Criminal Trial Specialists, aggressive defense strategies, and unwavering guidance at every step. Don’t wait—swift action makes a difference. Call us today at (321) 44-SHARK to schedule a free consultation with our Melbourne criminal defense lawyers.

Table of Contents

What is Criminal Defense?

Criminal defense is the legal advocacy provided to individuals accused of violating the law. It is a foundational safeguard in our justice system that protects your constitutional rights and helps ensure the law is applied fairly.

When the government accuses you of a crime, prosecutors must prove each element beyond a reasonable doubt. A criminal defense lawyer stands between you and the power of the state—challenging the evidence, preserving your rights, and guiding you through complex procedural and substantive rules from the first investigation through trial and, if needed, appeal.

Without a strong defense, you risk fines, probation, incarceration, license suspensions, and a criminal record that can affect employment, housing, education, and reputation. Effective criminal defense ensures you have both a voice and a champion throughout the process.

Types of Criminal Cases We Handle

Our Melbourne criminal defense attorneys represent clients across Brevard County and throughout Florida in a full range of charges—from misdemeanors to serious felonies. Florida imposes strict penalties under the Florida Statutes, and early intervention can be critical.

DUI (Driving Under the Influence)

A DUI conviction can lead to steep fines, license suspension, DUI school, ignition interlock, probation, and even jail. Administrative consequences can begin immediately after arrest. Learn about Florida’s DUI administrative rules at the Florida Department of Highway Safety and Motor Vehicles. We defend:

  • First-time DUI
  • Multiple-offense DUI
  • DUI with property damage or injury
  • Felony DUI / DUI manslaughter
  • Underage and commercial-driver DUI

We scrutinize traffic stops, field sobriety exercises, breath/urine/blood testing, and officer procedures to seek dismissals, reductions, or alternative resolutions.

Drug Offenses

Florida’s drug laws are among the toughest, with penalties that vary by substance type, quantity, and alleged intent. Review trafficking and possession frameworks in Chapter 893 (Controlled Substances). We handle:

  • Possession (marijuana, cocaine, heroin, methamphetamine, prescription meds)
  • Possession with intent to sell or deliver
  • Trafficking / manufacturing
  • Prescription fraud / doctor shopping
  • Paraphernalia charges

We challenge unlawful searches and seizures, defective warrants, and chain-of-custody issues and explore treatment-focused alternatives and diversion where available.

Violent Crimes

Convictions for violent crimes can trigger mandatory minimums and lengthy incarceration. We defend allegations of:

  • Assault / aggravated assault
  • Battery / aggravated battery
  • Domestic violence
  • Robbery / armed robbery
  • Kidnapping
  • Homicide-related offenses

We conduct independent investigations, analyze use-of-force and self-defense issues, and contest identification and credibility problems.

White-Collar Crimes

Financial and corporate crimes often involve federal or state agencies and complex records. See the FBI’s overview of white-collar crime. Our practice includes:

  • Fraud (wire, bank, tax, insurance, securities)
  • Embezzlement and misappropriation
  • Money laundering
  • Identity theft, forgery, and counterfeiting
  • Cybercrimes and computer fraud

We leverage digital forensics, forensic accounting, and targeted motion practice to narrow and challenge the prosecution’s case.

Traffic-Related Crimes

Some traffic matters are civil; others are criminal and may threaten your liberty and driving privileges. For license and record information, visit FLHSMV. We defend:

  • Reckless driving
  • Driving while license suspended or revoked
  • Hit and run / leaving the scene
  • Habitual Traffic Offender (HTO)
  • Vehicular manslaughter
  • CDL violations

Sexual Offenses

These charges carry profound legal and social consequences, including sex-offender registration under FDLE’s system. We defend:

  • Sexual battery
  • Lewd or lascivious conduct
  • Internet crimes / solicitation
  • Failure to register

We challenge forensic and digital evidence, scrutinize interview methods, and protect your rights and reputation.

Homicide and Manslaughter

Among the most serious allegations, these cases demand meticulous forensic and legal analysis. We defend:

  • First- and second-degree murder
  • Manslaughter (voluntary / involuntary)
  • Vehicular homicide
  • Self-defense and justifiable use of force

We collaborate with investigators and experts to analyze causation, intent, and alternative theories of the case.

Other Felonies and Misdemeanors

We also represent clients in:

  • Theft and retail crimes
  • Burglary and trespass
  • Resisting arrest
  • Probation violations
  • Juvenile offenses
  • Stalking and harassment
  • Weapons and firearms cases

image of a man in handcuffs. concept of a criminal defense attorney in Melbourne, FL

The Criminal Defense Process

From the first contact with law enforcement, your rights, liberty, and future are at stake. Our team guides you through every stage with clear communication and a relentless defense.

Understanding Your Rights

Two key constitutional protections apply immediately:

  • Right to Remain Silent: You cannot be compelled to incriminate yourself (Fifth Amendment).
  • Right to Counsel: You have the right to consult and be represented by an attorney at all critical stages.

For a primer on basic court processes, see the Florida Courts’ resources at the Office of the State Courts Administrator and the local 18th Judicial Circuit (Brevard and Seminole) at flcourts18.org.

How We Advocate for You

Our Melbourne criminal defense lawyers:

  • Investigate: Review discovery, body-cam/dash-cam, lab reports, warrants, and witness accounts.
  • Build Strategy: Identify defenses, constitutional violations, evidentiary weaknesses, and leverage suppression motions.
  • Negotiate: Seek reductions, diversions, or alternative sentencing where appropriate.
  • Litigate: File targeted motions, conduct hearings, and try cases before judge or jury.

Stages of a Criminal Case

1. Investigation and Arrest

Investigations may involve stops, interviews, search warrants, or surveillance. If officers believe probable cause exists, they may arrest or seek a warrant. Know your options regarding searches and seizures by reviewing the Bill of Rights and Florida-specific procedures through FDLE resources.

2. First Appearance and Bond

Typically within 24 hours of arrest, you’ll appear before a judge regarding probable cause and conditions of release. Local court information is available at the Eighteenth Judicial Circuit. For jail and booking information, see the Brevard County Sheriff’s Office.

3. Arraignment

You’ll be advised of charges and enter a plea (not guilty, guilty, or no contest). We typically enter a not-guilty plea initially to protect your rights and begin discovery.

4. Discovery and Independent Investigation

The State discloses evidence (police reports, witness statements, videos, lab results). We independently investigate:

  • Assess legality of stops, searches, and seizures
  • Interview witnesses and consult experts
  • Analyze forensics / digital evidence
  • Challenge identification or credibility issues

5. Pre-Trial Motions

We file motions to suppress unlawfully obtained evidence, exclude unreliable testimony, and dismiss charges where the law and facts warrant it.

6. Negotiations

Not every case should go to trial. Strategic negotiations can produce reduced charges, alternative sanctions, or diversionary outcomes depending on eligibility and prosecutorial discretion (visit the State Attorney’s Office for the 18th Circuit for general process information).

7. Trial

If trial is the best path, the State must prove guilt beyond a reasonable doubt. You have the right to a jury, to confront witnesses, and to present defenses. Court process overviews are available through the Florida Courts.

8. Sentencing

Penalties vary by offense level, enhancements, and score sheet factors. We present mitigation and challenge aggravation to seek the least severe sentence permitted by law.

9. Appeals and Post-Conviction

Legal errors or constitutional violations can be reviewed on appeal or via post-conviction motions. For appellate structure and timelines, consult the Florida Courts’ court system overview.

image of a gavel and handcuffs. concept of a criminal defense attorney in Melbourne, FL

What Should I Do If I’ve Been Arrested?

Follow these steps immediately to protect yourself:

  • Stay Calm: Do not resist or argue with officers.
  • Invoke Your Rights: Politely state you wish to remain silent and request an attorney.
  • Do Not Consent to Searches: Absent a warrant or exigent circumstances, you may refuse consent.
  • Contact a Melbourne Criminal Defense Lawyer: Call DeGraff Hicks Law Group right away to begin your defense.
  • Limit Discussions: Do not talk about your case with anyone but your lawyer.
  • Appear in Court: Never miss a court date; failing to appear can lead to warrants or new charges.
  • Document Everything: Write down details, officer names, and any witnesses.

For driver-related questions after a DUI arrest, review administrative timelines at FLHSMV. For criminal history or sealing/expunction guidance, see FDLE’s Seal & Expunge resources.

Melbourne and Brevard County

Local knowledge matters. Cases in Melbourne typically proceed through the 18th Judicial Circuit serving Brevard and Seminole Counties:

When beneficial, we reference public data and safety research from sources such as NHTSA and CDC to contextualize technical issues (e.g., impairment science, crash dynamics) that may arise in litigation.

Why Choose DeGraff Hicks Law Group?

We combine decades of experience with a client-first approach to deliver strategic, results-oriented representation for every case in Melbourne and across Brevard County.

Experience and Expertise

Led by Board Certified Criminal Trial Specialists, DeGraff Hicks Law Group brings substantial trial experience across the full spectrum of criminal charges—from misdemeanors to first-degree felonies.

Our Defense Approach

No two cases are alike. We provide personalized attention, early and thorough investigation, and targeted motions practice to protect your rights at every turn. We explain your options in clear terms so you can make informed decisions, and we relentlessly pursue the best available outcome—whether through dismissal, reduction, diversion, or trial.

Frequently Asked Questions

Can the police search my car without a warrant?

It depends on the circumstances (probable cause, consent, inventory, or other exceptions). We evaluate the stop and search against constitutional standards and Florida law.

Do I have to talk to the police?

No. You have the right to remain silent and to have counsel present during questioning. Politely invoke your rights and contact an attorney.

What happens to my driver’s license after a DUI arrest?

Administrative deadlines are short. Review FLHSMV guidance on DUI suspensions at the official site and contact us promptly.

How soon should I hire a lawyer?

Immediately. Early intervention can shape evidence, motion strategy, and negotiations.

Hire a Melbourne Criminal Defense Lawyer Today

Being charged with a crime is serious and time-sensitive. With DeGraff Hicks Law Group, you gain a zealous advocate focused on protecting your freedom and future.

Contact DeGraff Hicks Law Group today to schedule a free consultation at (321) 44-SHARK. Our Melbourne criminal defense lawyers are ready to assess your case, explain your options, and start building your defense.

Helpful Public Resources

Serving Melbourne and Surrounding Areas

We represent clients in Melbourne and throughout Brevard County. If you or a loved one is under investigation or has been charged, visit our Melbourne page or contact our team directly to discuss your situation and next steps.

Take the Next Step

Time matters in criminal cases. Preserve your rights, protect your record, and position your case for the best available outcome by contacting us now. Call (321) 44-SHARK or reach out through our website to schedule a free consultation with an experienced Melbourne criminal defense lawyer.