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Criminal Defense

Benjamin Herbst is a South Florida criminal defense lawyer who represents defendants in all types of cases ranging from marijuana possession to murder. Criminal charges are no more than accusations, and all defendants must be presumed innocent. Unfortunately, in the real world it doesn’t always play out that way. Judges, jurors, prosecutors, friends and even family can be quick to assume a person is guilty simply because they have been charged with a crime. A lot of people say they are skeptical of law enforcement and the criminal justice system, but when a person is charged with a crime, they tend to pass judgment before hearing the facts. A criminal defense lawyer is often the only person standing beside the defendant in his or her corner no matter what, and this is why it is so important to retain the right lawyer. The right lawyer not only fights for the best possible result, but treats his or her clients with dignity and respect. This means always keeping them informed of the progress of the case, speaking with family members when asked and offering only honest opinions. Benjamin fights tooth and nail for all clients regardless of the accusations and never passes judgment. He goes to work the minute he is hired, and continues to counsel his clients even after the case is closed. A criminal case may only last a few months, but the effects of a charge can stick around for years. Benjamin will always be there for his current and past clients.

With over 15 years of experience and thousands of clients defended, there are few if any criminal charges that Benjamin has not encountered. He has handled over 75 jury trials and argued hundreds of evidentiary motions to dismiss and suppress evidence. Benjamin never backs down from state or federal prosecutors, and is always prepared for a trial if that is the best option. One of his first criminal cases was a DUI where his client was actually offered a plea to reckless driving. The client was willing to accept the deal but still felt uneasy, and the last thing Benjamin did was push him to plead guilty. They spent hours talking about the case and decided to go to trial, where the jury came back with a not guilty verdict in 15 minutes. Every case is different and a jury trial may not be the best route to take, but Benjamin will always be prepared for the fight. He believes his job is to give expert advice to help his clients make the right decision, and not to push his clients one way or the other.

In addition to having tried and won numerous DUI cases and other criminal traffic charges, Benjamin has also earned acquittals in robbery, theft, aggravated assault, arson, firearm possession, drug trafficking, burglary and numerous other felony offenses. He has successfully represented dozens of clients charged with domestic violence related offenses such as battery and aggravated battery, and fights for all clients who are charged with sex crimes and prostitution.

Benjamin is an experienced South Florida juvenile criminal defense lawyer, who fights to protect the precious futures of his younger clients. He knows how to communicate and earn the trust of juvenile defendants, and always keeps their families informed of the case each step of the way. Other main practice areas include representing clients that are facing probation violations. Defendants give up a lot of their right when they plead guilty and are placed on probation, but this does not mean they should have to sit in jail for weeks the minute their probation is violated. Benjamin understands how difficult it is to keep a probation officer completely satisfied, and they are sometimes totally impatient and unreasonable. He will make the judge aware of all issues impeding the progress of his clients, and will do whatever it takes to secure their release from custody pending a violation hearing. Finally, Benjamin is an experienced bond review lawyer, who can be available at a moment’s notice to argue for release at a defendant’s first appearance. He is available 7 days a week at (954) 543-0305 for a free consultation, and offers flexible meeting hours at his Fort Lauderdale and West Palm Beach locations. Benjamin can also travel anywhere from Miami to Port St. Lucie to meet in person for a consultation.

Client Reviews
My family and I could not be more grateful for everything you did for me. I truly thought my future would be permanently impacted and I would never be able to join the military or even go to college. Because of your hard work I still have the opportunity to do both. Thank you so much! - T.S.
Hiring you was the best decision I’ve made in a long time. Thank you for supporting me and for your willingness to take the state to trial. Another lawyer may have tried to get me to take a plea, but you were ready to fight from day one. I’m so glad to have this case behind me, and have you to thank for it. - R.D.
I can’t thank you enough for your personal attention to the mess I got myself into. You don't know what a relief it is to be done with this criminal case. I never ever thought I would have been charged with a crime, but having you as my lawyer made the entire situation bearable. You gave me confidence that I would be able to overcome this from day one, and you followed through. Take care of yourself and your family, and thanks again for everything! - S.S.
You never backed down from the state, and you supported my decision to go to trial. Then you delivered in court. I appreciate you Ben. - T.C
I appreciate the hard work you put into my case, and my wife and I can’t thank you enough. Without you I could have lost everything. I’ll never forget what you did for me. - J.B.