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Criminal Defense • Miami-Dade County
Arrested on Spring Break
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| Charge | Classification | Max Jail/Prison | Max Fine |
|---|---|---|---|
| DUI (1st offense) | Misdemeanor | 6 months | $1,000 |
| Simple Battery | 1st Degree Misd. | 1 year | $1,000 |
| Aggravated Battery | 2nd Degree Felony | 15 years | $10,000 |
| Disorderly Conduct | 2nd Degree Misd. | 60 days | $500 |
| Drug Possession (Felony) | 3rd Degree Felony | 5 years | $5,000 |
| Trespassing After Warning | 1st Degree Misd. | 1 year | $1,000 |
| Resisting (No Violence) | 1st Degree Misd. | 1 year | $1,000 |
| Resisting WITH Violence | 3rd Degree Felony | 5 years | $5,000 |
Penalties under applicable Florida Statutes. Click any charge above to learn more about defenses specific to that offense. This chart is for general information only. Consult an attorney for case-specific advice.
If You’re From Out of State — This Still Follows You Home
Florida participates in the Interstate Driver License Compact. A DUI conviction here can trigger a suspension in your home state.
A conviction — even for disorderly conduct — can affect financial aid, campus housing, Greek life, internships, and grad school admissions.
Non-citizens face potential deportation, visa revocation, or bars to future entry — even for certain misdemeanors like drug possession.
Criminal convictions appear on FBI background checks and show up for employers, landlords, and licensing boards nationwide.
What to Do Immediately After a Spring Break Arrest
You have a constitutional right to remain silent. Be polite to officers but do not explain, apologize, or “tell your side.”
Write down what happened: location, time, what officers said, whether force was used, whether you were read your rights, and who was with you.
Not a tweet, not a story, not a text to your group chat. Prosecutors can and do subpoena social media. Screenshots from your night out can become State’s exhibits.
Your arrest paperwork includes charges, court date, bond conditions, and any no-contact orders. Violating a condition of release is a separate criminal offense.
You need a Florida-licensed attorney who practices in Miami-Dade County. If you fly home, your attorney can appear on your behalf so you don’t have to keep coming back.
Why You Need a Defense Attorney — Not Just a Fine
The biggest mistake spring breakers make is treating an arrest like a traffic ticket — figuring they’ll pay a fine and fly home. That’s not how criminal cases work in Florida. Criminal charges require a court appearance. Many carry mandatory penalties a judge cannot waive. And a conviction creates a permanent criminal record.
For many first-time offenders, diversion programs or pretrial intervention may be available — programs that can result in charges being dropped entirely after completion. But you have to know they exist, qualify for them, and have an attorney who can advocate for your enrollment.
I handled misdemeanor cases as a Miami-Dade Assistant State Attorney. I know how officers write their reports to make arrests stick. I know what details prosecutors look for — and what details they hope the defense attorney misses.
Whether your spring break arrest was a DUI on the MacArthur Causeway, a bar fight on Ocean Drive, a drug charge at a beach checkpoint, a trespassing charge at a hotel, or a resisting arrest add-on — I can evaluate your case, explain your options in plain language, and fight for the best possible outcome.
11401 SW 40 Street, Suite 250, Miami, FL 33165
¿Arrestado durante Spring Break? Dennis habla español.
Llame al (305) 209-0384 • dgonz.com/consulta.html
This article is for general informational purposes only and does not constitute legal advice. Every case is different. Reading this article does not create an attorney-client relationship. If you have been arrested, contact a licensed attorney immediately.
March Madness DUI:
What to Know If Arrested
After the Big Game in Miami
The 2026 NCAA Tournament is here. The brackets are set, watch parties are packed, and sports bars across Miami are pouring drinks from tip-off to final buzzer. Whether you’re watching at a Brickell rooftop, a Kendall sports bar, or a house party in Hialeah — March Madness in Miami means cold beer, loud crowds, and late nights.
It also means a sharp spike in DUI arrests.
Every year, law enforcement across Miami-Dade County increases DUI patrols during the NCAA Tournament. With games running through early April and Miami’s spring break enforcement already in full swing, DUI checkpoints are actively deployed on major corridors throughout the county.
From the moment you’re arrested, you have exactly 10 days to request a formal review hearing with the Florida DHSMV. Miss that deadline and your license is automatically suspended — no hearing, no argument, no second chance. That window starts ticking the night the handcuffs go on.
A DUI Arrest in Florida Is Two Separate Fights
Most people think a DUI is one case. It’s actually two completely separate proceedings happening at the same time:
Where: Miami-Dade County Court
Law: Florida Statute § 316.193
Stakes: Fines, jail, probation, permanent criminal record
Where: DHSMV (not a courtroom)
Deadline: 10 days from arrest
Stakes: License suspension — before any conviction
An experienced DUI defense attorney fights both battles simultaneously. Most people don’t even know the second one exists until their license is already gone.
What Actually Happens During a DUI Stop — and Why It’s Challengeable
Here’s what law enforcement doesn’t tell you at the scene: almost everything they do during a DUI investigation is challengeable.
Must be based on reasonable suspicion. If the officer pulled you over for “weaving” but the dashcam shows otherwise, the entire stop — and everything after it — may be thrown out.
Subjective and evaluated by the officer’s judgment — not a machine. Uneven pavement, poor lighting, nerves, physical conditions, and footwear all affect performance. These tests were designed in a lab, not a parking lot at 1:00 AM.
Relies on a machine requiring precise calibration and proper administration. Maintenance logs, operator certifications, and testing protocols are all discoverable. Machines malfunction. Officers make procedural mistakes.
Triggers a one-year license suspension for a first refusal and a separate misdemeanor charge for a second refusal. But refusal also means the State has less evidence. This tradeoff is something an attorney evaluates case by case.
Florida DUI Penalties — What You’re Actually Facing
| Penalty | 1st Offense | 1st (BAC .15+) | 2nd Offense |
|---|---|---|---|
| Fines | $500 – $1,000 | $1,000 – $2,000 | $1,000 – $2,000 |
| Jail Time | Up to 6 months | Up to 9 months | Up to 9 months |
| License Suspension | 180 days – 1 year | 180 days – 1 year | Min. 5 years* |
| Probation | Up to 12 months | Up to 12 months | Up to 12 months |
| Community Service | 50 hours | 50 hours | Court discretion |
| Ignition Interlock | Possible | Mandatory | Mandatory (1 yr) |
| Criminal Record | Permanent | Permanent | Permanent |
*Second offense within 5 years of first. Penalties under Fla. Stat. § 316.193. Additional consequences include FR-44 insurance, vehicle impoundment, and DUI school. This chart is for general information only — consult an attorney for advice specific to your case.
The March Madness DUI Pattern
Here’s what we see every year during the tournament:
You drove to a friend’s house or a sports bar. The game went to overtime. You had one more beer than you planned. You felt “fine” when you left. An officer disagrees.
Surge pricing after a big game hit $80+. You decided to drive instead. One checkpoint later, you’re in the back of a squad car.
You drank heavily during a late game, slept a few hours, and drove to work. Your BAC can still be above .08 six, eight, even ten hours later depending on consumption.
You can be arrested for DUI sitting in your car with the engine running, even if you’re not moving. Florida’s DUI statute covers anyone in “actual physical control” of a vehicle while impaired.
What to Do Right Now If You Were Just Arrested
Your 10-day DHSMV deadline is already counting down.
Do not talk to anyone about the case except your attorney. Not friends, not family, not on social media.
Document everything while it’s fresh: where you were, what you drank, what the officer said, what tests were performed, and the timeline.
Ask if they challenge the breath test machine, fight field sobriety exercises, and handle the DHSMV hearing. If they can’t answer confidently, keep looking.
Why a Former Prosecutor Matters in DUI Defense
As a former Miami-Dade Assistant State Attorney, I handled DUI cases from the other side. I know how the State builds these cases. I know what shortcuts officers take. I know where the weaknesses are — in the stop, in the investigation, and in the evidence.
That experience is now on your side.
A DUI arrest is not a conviction. The breath test is not gospel. The officer’s report is not the final word. Every element of a DUI case can be challenged — if you have an attorney who knows the methodology cold.
11401 SW 40 Street, Suite 250, Miami, FL 33165
¿Habla español? Dennis atiende consultas en español.
Llame al (305) 209-0384 • dgonz.com/consulta.html
This article is for general informational purposes only and does not constitute legal advice. Every case is different. Reading this article does not create an attorney-client relationship. If you have been arrested, contact a licensed attorney immediately.
A Handcuffed Man. A Jail Elevator. No Witnesses — Except the Camera.
Video shows a Miami-Dade corrections officer repeatedly striking a restrained inmate. It took nearly three years to file charges. Here is what you need to know about your rights inside Miami-Dade jails.
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8
Officers Charged
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2
Separate Facilities
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1,064
Days to File Charges
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This week, video surfaced showing a Miami-Dade corrections officer repeatedly striking a handcuffed inmate inside an elevator at the Pre-Trial Detention Center. The officer swung on the restrained man multiple times. The inmate, Spencer Butler, was heard on body camera footage hours later yelling that he had been beaten.
The officer, Myth Louis-Jeune, was charged with misdemeanor battery. But here is the part that should concern every person sitting inside a Miami-Dade jail right now, and every family member waiting on the outside: the beating happened on March 1, 2023. Charges were not filed until January 30, 2026. Nearly three years passed before the State Attorney's Office acted.
And this was not an isolated incident. In a separate case at Dade Correctional Institution in Florida City, seven corrections officers were arrested and charged with battery on a detainee, tampering with physical evidence, failure to report use of force, and perjury — after investigators determined that two officers kicked and punched a handcuffed inmate named Christopher Castro in the face, head, and back while five other officers watched and said nothing.
If this is what happens on camera, what happens when the cameras are off?
| Nov 2021 | Prior Suspension Officer Louis-Jeune suspended for a separate use-of-force/excessive force incident. He returns to active duty. | ||||
| Mar 1, 2023 | The Elevator Beating At approximately 8:53 PM, surveillance video captures Officer Louis-Jeune repeatedly striking handcuffed inmate Spencer Butler inside a jail elevator at the Pre-Trial Detention Center. | ||||
| Mar 2, 2023 | Body Camera Footage Around 2:00 AM, body cameras record Butler yelling that he had been beaten. He is later asked to write a statement about what happened in the elevator. | ||||
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| Jan 30, 2026 | Charges Finally Filed The Miami-Dade State Attorney's Office files a misdemeanor battery charge against Officer Louis-Jeune. He pleads not guilty. | ||||
| Mar 2026 | Video Goes Public NBC6 obtains and broadcasts the elevator surveillance footage. Officer is relieved of duty with pay. Trial pending. | ||||
This Is Not About "Bad Apples." This Is About Your Rights.
I am not writing this post to attack corrections officers. The vast majority do a difficult, dangerous, and underpaid job with professionalism. But when an officer crosses the line — when force is used not to maintain order but to punish, to retaliate, or to send a message — Florida law is clear: that is a crime.
Under § 944.35, Florida Statutes, a corrections officer is only authorized to use physical force on an inmate when it is reasonably necessary for specific, limited purposes: self-defense, preventing escape, preventing property damage, or maintaining institutional order. Force used outside of those circumstances — particularly force used with malicious intent against a restrained person — is not "doing the job." It is battery.
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Force Must Be Reasonably Necessary Officers may only use physical force when reasonably necessary to defend against imminent unlawful force, prevent escape, prevent property damage, or maintain institutional order. § 944.35(1)(a)
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Malicious Battery Is a Crime An officer who commits battery with malicious intent commits a first-degree misdemeanor. If the battery causes great bodily harm, permanent disability, or disfigurement, it is a third-degree felony. § 944.35(3)(a)(1)–(2)
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Witnesses Must Report Officers who witness unauthorized force and fail to report it commit a first-degree misdemeanor. Submitting a false report is also a first-degree misdemeanor. § 944.35(4)(a)–(b)
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♥
Medical Exam Required After Force A qualified health care provider must examine every person physically involved in a use-of-force incident. Injuries must be documented by a physician within five working days. § 944.35(2)
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In the Dade Correctional case, officers were charged under multiple provisions — battery, evidence tampering, perjury, and failure to report. The system held them accountable. But it only happened because investigators were able to piece together what occurred in an area with no surveillance cameras.
Side-by-Side: The Incidents That Shook Miami-Dade
| Pre-Trial Detention Center | Dade Correctional Institution | |
|---|---|---|
| Facility Type | COUNTY Downtown Miami | STATE Florida City |
| Victim | Spencer Butler — handcuffed, inside elevator | Christopher Castro — handcuffed, in area with no cameras |
| Officers Charged | 1 | 7 |
| Charges | Misdemeanor battery | Battery, excessive force, evidence tampering, failure to report, perjury |
| Key Detail | Officer had prior use-of-force suspension (Nov 2021) | Five officers watched the beating and said nothing |
| Video Evidence | YES — elevator surveillance | NO — outside camera coverage |
| Time to Charges | Nearly 3 years (Mar 2023 → Jan 2026) | Charges filed after investigation |
Why It Took Three Years to Charge Officer Louis-Jeune
According to prosecutors, the delay in filing charges against Officer Louis-Jeune was because the officer's previous defense attorney requested additional time to investigate and present mitigation evidence and expert opinions. Three years of additional time.
Meanwhile, the officer remained employed. Records show he had already been suspended for a separate use-of-force/excessive force incident in November 2021 — two years before the elevator beating. He was eventually relieved of duty with pay after the charges were filed.
Your family member sitting inside that same jail does not get three years of patience from the State Attorney's Office. They get an arraignment, a bond hearing, and pressure to take a plea.
That disparity is why having an attorney who understands both sides of the system matters.
What to Do If a Loved One Is a Victim of Excessive Force in Jail
If you believe that someone you love has been subjected to excessive force or abuse inside a Miami-Dade correctional facility, there are steps you can take — but you need to act quickly:
| 01 | Document Everything If your loved one can call you, write down exactly what they tell you — dates, times, names of officers, location within the facility, names of any witnesses. Details fade. Write them down the moment you hear them. |
| 02 | Request Medical Records Immediately Under Florida law, a medical examination is required after any use of force. If your loved one was injured and no medical report was generated, that absence is itself significant. Your attorney can request these records. |
| 03 | File a Complaint with the Inspector General The Florida Department of Corrections Office of the Inspector General investigates allegations of misconduct by corrections staff. Complaints can be filed online, by mail, or by phone. This creates an official record. |
| 04 | Contact a Criminal Defense Attorney If your loved one is already facing charges, anything that happens to them inside the facility can affect their case. An experienced defense attorney can use documented abuse to challenge conditions of confinement and negotiate more favorable terms. |
| 05 | Do Not Wait Evidence inside jails disappears. Surveillance footage is overwritten. Officers transfer. Witnesses are moved to other facilities. The longer you wait, the harder it becomes to prove what happened. |
What These Cases Tell Us About Miami-Dade Jails
Two separate incidents. Two separate facilities. Eight officers charged. Video evidence in one case, investigative evidence in the other. A pattern of officers believing they can use force without consequence — and in some cases, conspiring to hide it.
If you have a family member inside the Miami-Dade Pre-Trial Detention Center or Dade Correctional Institution right now, these are not abstract news stories. This is the environment your loved one is living in every day.
And if your family member is the one facing criminal charges — if they are the defendant, not the victim — they still have rights. Being accused of a crime does not strip away the right to be free from cruel and unusual punishment. The Eighth Amendment to the United States Constitution and Article I, Section 17 of the Florida Constitution both prohibit excessive force against incarcerated individuals. Being arrested does not make you less human. Being charged does not make you a punching bag.
Why I Write About This
I am a former prosecutor. I have worked inside the system. I have seen how cases are built, how evidence is handled, and how decisions are made about who gets charged and who does not. I chose to leave prosecution and dedicate my practice to criminal defense because I believe that everyone — including the person sitting in a jail cell right now reading charges they do not fully understand — deserves someone fighting for them.
These cases out of Miami-Dade are a reminder that the system is not always just. Officers with prior disciplinary histories remain on the job for years. Beatings of handcuffed people go uncharged for nearly three years. Fellow officers watch abuse happen and say nothing.
If you or someone you love is facing criminal charges in Miami-Dade County, you need an attorney who knows how the system works — and how it fails.
Your Loved One Needs Someone Fighting for Them. Right Now.
Former prosecutor. Criminal defense attorney. Available 24 hours. Free consultation. Se habla español.
(305) 209-0384Dennis Gonzalez Jr., Esq. | Dennis Gonzalez Jr., P.A.
www.dgonz.com · @abogado.305
11401 SW 40 Street, Suite 250, Miami, FL 33165
Dennis Gonzalez Jr.
Miami Criminal Defense Attorney
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