Fort Myers and Lee County Criminal Lawyers Brener and DeMine, P.A. 239-332-1100 Practice Exclusively Criminal Law

Fort Myers and Lee County Criminal Lawyers Brener and DeMine, P.A. 239-332-1100 limit their practice to criminal defense, and do not dabble in it or other areas of law. We are extremely serious about defending people who are charged with crimes, many of them very serious ones, and defending all of our rights to due process and equal protection of the law. Unlike many other criminal law firms locally and in the region, we do not do personal injury, family law, bankruptcy, foreclosure, entertainment, or real estate law. We focus exclusively on criminal defense, and provide 100% of our efforts in that area. If you or someone you know has been charged with a misdemeanor, felony, serious felony, homicide, or federal offense, experience and committment really does matter. Remember, Accused of a Crime? Call Brener and DeMine. Justice Is Our Passion!

Law Offices of Brener and DeMine, P.A.
12381 South Cleveland Avenue
Suite 201
Fort Myers, Fl. 33907
239-332-1100
http://www.justiceisourpassion.com
http://www.murderlawyerflorida.com

Lee County Criminal Lawyers Attorneys David A. Brener and Thomas E. DeMine Settle In To New Upscale Offices

Lee County Criminal Lawyers - Attorneys David Brener and Thomas DeMine (239)332-1100 - have settled into their new offices at the Suntrust Bank Building on U.S. 41 in South Fort Myers. After experiencing initial problems with internet and phone service, the Firm is now fully up and running, and there will be no interruption of providing aggressive, experienced representation to their clients.

Brener and DeMine, P.A.
12381 South Clleveland Avenue
Suite 201
Fort Myers, Fl. 33907
239-332-1100
www.justiceisourpassion.com

Fort Myers Criminal Lawyer David A. Brener Handles All State and Federal Cases.

Fort Myers Criminal Defense Attorneys David A. Brener and Thomas E. DeMine 239-332-1100 can handle every type of criminal case, from 1st degree murder to DUI. David A. Brener is peer review rated "AV Preeminent" , listed in the Bar Registry of Preeminent Attorneys, and is "capital qualified" for death penalty cases. Tom DeMine is a former prosecutor in Lee County. Mr. Brener has had jury trials on numerous federal cases, approximately 150 felony cases in state court, and hundreds of misdemeanor and juvenile cases. He has handled over 55 murder cases, 19 death penalty charges, and thousands of drug cases. Mr. DeMine has invaluable experience prosecuting and defending criminal cases and has tried numerous cases in both misdemeanor and felony court. Together, they take a team approach to defending their clients, and can handle any type of criminal case in state or federal court. For more information, visit our website at http://www.justiceisourpassion.com/.
David A. Brener, P.A.
2133 Main Street
Fort Myers, Fl.33901
239-332-1100

Punta Gorda and Charlotte County Criminal Lawyer David A. Brener Handles All State and Federal Crimes

Phone: (239) 332-1100. My firm handles all state and federal crimes, and we accept cases in the criminal courts of Charlotte County, Florida. My office is right next to the federal court and across the street from the state courts in Fort Myers. Punta Gorda is less than a half hour away from my office, and my firm has represented dozens of people in Charlotte County in both felony and misdemeanor court, for murder and other violent crimes, drug offenses, DUI and driving charges, probation violations, and economic crimes. My Associate, Tom DeMine, and I make the time to meet with our clients from Punta Gorda and the rest of Charlotte County, and encourage our clients to consult often and stay abreast of their case as the defense is developed. For more information, visit our website at http://www.justiceisourpassion.com/.
David A. Brener has been peer review rated "AV Preeminent" by Martindale Hubbell, and is in the Bar Registry of Preeminent Attorneys through 2011.

Highly Rated Fort Myers Lee County Criminal Lawyer David A. Brener Receives Highest Possible Peer Review Rating From Martindale Hubbell

Recently, I was honored by my peers -lawyers in Fort Myers- with a peer review rating of "AV Preeminent" in legal ability and ethical standards for Criminal Law from Martindale Hubbell. This highest possible rating is truly humbling, and a reminder to me to always strive for excellence in the defense of the accused. As one of my recent blogposts stated, there are a lot of great lawyers out there in the trenches everyday, and it is important not to let the opinions of others go too much to your head.
David A. Brener, P.A.
2133 Main Street
Fort Myers, FL. 33901
239-332-1100
www.justiceisourpassion.com

Fort Myers Lawyer David A. Brener - Peer Review Rated "AV Preeminent" in Criminal Law by Martindale Hubbell

David A. Brener 239-332-1100 Qualifications: 22 years Criminal Trial Experience; "AV" "Preeminent" peer review rated by Martindale Hubbell; Listed in the Bar Registry of Preeminent Attorneys; "Capital Qualified" for First Degree Murder Death Penalty Cases in Florida; President, Lee County Chapter, Florida Association of Criminal Defense Lawyers; Chairperson, Criminal Law Practice Section, Lee County Bar Association; Member, National Association of Criminal Defense Lawyers; CJA Advisory Panel Representative, Fort Myers Division of the Middle District of Florida; Published articles on criminal defense in "The Champion", Magazine of the National Association of Criminal Defense Lawyers; "Florida Defender", Magazine of the Florida Association of Criminal Defense Lawyers, "Res Gestae", Magazine of the Lee County Bar Association; Admitted: Florida Bar; United States Supreme Court; Eleventh Circuit Court of Appeals; United States District Courts, Middle and Southern Districts of Florida. Jury Trials in approximately 150 felony cases; handled approximately 55 murder cases, including involvement in 19 death penalty cases as lead or co-counsel.
David A. Brener, P.A.
2133 Main Street
Fort Myers, Fl. 33901
239-332-1100
www.justiceisourpassion.com

The Mitigation Specialist in a Capital Case

THE MITIGATION SPECIALIST AS AN INTEGRAL PART OF THE DEFENSE TEAM IN A CAPITAL MURDER CASE

Until the death penalty is formally waived in writing or on the record, a person charged with first degree murder is subject to the possible penalty of death. Section 921.141 Florida Statutes. The State does not need to file a formal Notice of Intention to Seek the Death Penalty in order to seek the execution of the Defendant. F.R.Cr.P. 3.202. A timely death notice simply triggers reciprocal discovery obligations on the Defendant with regard to evidence of mental mitigation. F.R.Cr.P 3.202. Thus, the fact that the State has not yet filed a Death Notice is of no moment, and counsel should therefore proceed as if the case is a capital one.

Defense counsel in a capital case has an immediate obligation to request of the Court the appointment of experts to assist the defense regarding both phases of a capital trial. See American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (“the Guidelines” or “Guidelines”), 31 HOFSTRA LAW REV. (Summer 2003). “Counsel at every stage have an obligation to conduct thorough and independent investigation relating to the issues of both guilt and penalty.” Guideline 10.7, emphasis added. The Guidelines have been approved by the United States Supreme Court as “well defined norms”, Wiggins v. Smith, 539 U.S. 510 (2003), and “apply from the moment the client is taken into custody and extend to all stages of every case in which the jurisdiction may be entitled to seek the death penalty, including initial and ongoing investigation, pretrial proceedings, [and] trial . . .”. Guideline 1.1.

Pursuant to the Guidelines, lead counsel should, “as soon as possible after designation … assemble a defense team by . . . selecting and making any appropriate contractual agreements . . . in such a way that the team includes:

a. at least one mitigation specialist and one fact investigator;

b. at least one member qualified by training and experience to screen individuals for the presence of mental or psychological disorders or impairments; and

c. any other members needed to provide high quality legal representation.”

A mitigation specialist is more than simply an investigator for the penalty phase. She not only compiles a complete life history of the Defendant which may be presented to the capital jury, but is essential to developing and maintaining rapport with the client and his or her family. Perhaps as important, a mitigation specialist is essential to gathering and identifying mitigation evidence which may be used to persuade the State to not seek the death penalty or to waive death as a possible penalty after an initial decision to seek death has been made. Thus, a mitigation specialist has as much value at the early stages of a capital case as she has after a Death Notice has been filed by the State. As stated by the Commentary to Guideline 4.1 of the A.B.A. Guidelines:

A mitigation specialist is ... an indispensable member of the defense team throughout all capital proceedings. Mitigation specialists possess clinical and information-gathering skills and training that most lawyers simply do not have. They have the time and the ability to elicit sensitive, embarrassing and often humiliating evidence (e.g. family sexual abuse) that the defendant may have never disclosed. They have the clinical skill to recognize such things as congenital, mental or neurological conditions, to understand how these conditions may have affected the defendant’s development and behavior, and to identify the most appropriate experts to examine the defendant or testify on his behalf.

Perhaps most critically, having a qualified mitigation specialist assigned to every capital case as an integral part of the defense team insures that the presentation to be made at the penalty phase is integrated into the overall preparation of the case rather than being hurriedly thrown together by defense counsel still in shock at the guilty verdict. The mitigation specialist compiles a comprehensive and well-documented psycho-social history of the client based on an exhaustive investigation; analyzes the significance of the information in terms of impact on development, including effect on personality and behavior; finds mitigating themes in the client’s life history; identifies the need for expert assistance; assists in locating appropriate experts; provides social history information to experts to enable them to conduct competent and reliable evaluations; and works with the defense team and experts to develop a comprehensive and cohesive case in mitigation.

The mitigation specialist often plays an important role as well in maintaining close contact with the client and his family while the case is pending. The rapport developed in this process can be the key to persuading a client to accept a plea to a sentence less than death.

For all of these reasons the use of mitigation specialists has become “part of the existing standard of care” in capital cases, ensuring “high quality investigation and preparation of the penalty phase.”

(Footnotes and citations omitted).

Defense counsel normally does not have the time or training to conduct the especially thorough investigation required for a defendant in a capital case. Even when counsel has personally identified numerous avenues of mitigation, a mitigation specialist can further develop that evidence and conduct necessary follow-up, whether in the field, with the client, or with documentary evidence. In sum, a mitigation specialist is an invaluable member of the defense team, and one which should be involved in every potential capital case at the earliest possible time.

David A. Brener is a Fort Myers criminal defense lawyer who concentrates on homicide, serious felony, and federal cases.

He is the Chairperson of the Criminal Law Section of the Lee County Bar Association.

David A. Brener Criminal Defense Attorney

Welcome to the Criminal Law Blog of Fort Myers Criminal Defense Attorney

David A. Brener, Esq.

"Over 22 Years Criminal Defense Experience"

Experience DOES Matter

My Passions are:

The U.S. Constitution

The Florida Constitution

The 1st, 4th, 5th, 6th & 8th Amendments

"Defending the accused, especially in tough cases"

Defending Capital Cases

Motorcycle Riding

Rock, Blues, and Jazz

David A. Brener, Esq. has been a member of the Florida Bar since 1988, the Federal Bar since 1989, and the Federal Trial Bar (Southern District)since 1992. He is a member of the Bar of the Supreme Court of the United States, and the Court of Appeals for the Eleventh Circuit.

David Brener has the highest peer review rating of "AV Preeminent" in criminal law by Martindale Hubbell. He is in the Bar Registry of Preeminent Attorneys. David Brener is the current Chairperson of the Criminal Law Practice Section of the Lee County Bar, President of the Florida Association of Criminal Defense Lawyers, Lee County Chapter, and the only Lee County attorney on the Registry for Capital Death Penalty Cases and the Commission on Capital Cases. In addition, he is a long- standing member of the the National Association of Criminal Defense Lawyers.

In twenty-two (22) years as a criminal defense lawyer, he has handled many thousands of criminal cases, including the trial of hundreds of cases through verdict, as well as:

• negotiated thousands of favorable plea bargains on behalf of clients with prosecutors in Lee County and the Twentieth Circuit (Naples, Punta Gorda, LaBelle);
• personally handled approximately fifty (55) homicide cases;
• acted as lead defense counsel or co-counsel in nineteen (19) capital first degree murder cases where the death penalty was sought;
• has no clients on death row.
• handled and tried cases to juries in Miami-Dade, Broward, Palm Beach, Lee, Collier, and Charlotte Counties;
• had numerous trials of federal criminal cases, including in the District Court for the Middle District of Florida.

Over his career as a criminal defense lawyer, Brener has written and been published in various criminal defense magazines, including:

"Re-thinking Change of Venue in High Profile Capital Cases", published in "The Champion"
Magazine, a publication of the National Association of Criminal Defense Lawyers (June 2010);

“Prosecutorial Misconduct in the Penalty Phase closing Argument of Capital Case" published in "Florida Defender", Magazine of the Florida Association of Criminal Defense Lawyers (Winter 2007);

“Thoughts on Delays in Death Sentences,” Guest Opinion, Fort Myers News-Press (January 10, 2008);

“The Mitigation Specialist as an Integral Part of the Defense Team in a Capital Murder Case,” Res Gestae, Lee County Bar Magazine (November 2008);

“Limitations on the Scope of Voir Dire,” Res Gestae (January 2009);

“The Bottom Line, Death Penalty Costly” Res Gestae (February 2009);

“The Necessity for a Special Jury Instruction on Heat of Passion Manslaughter,” Res Gestae (March 2009);

“Death Penalty Costly in Tough Economic Times,” Guest Opinion, Fort Myers News-Press (April 02, 2009);

“Florida’s Death Penalty Problems and Recommendations,” Res Gestae (May 2009);

"Arraignment Exception Swallows Rule" ; Res Gestae (August,2009);

"On Jury Nullification," Res Gestae (October 2009);

"Not Just Wishful Thinking", The American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases," Res Gestae, (January 2010);

"It's All Junk: Defense Counsel's Duty to Litigate Forensic Evidence", Res Gestae, (May, 2010)

"Lawyers Must Be "Capital Qualified" to Represent First Degree Murder Clients Unless the Death Penalty Has Been Waived", Res Gestae, (July/August 2010).

"The Credibility of Forensic Evidence", Res Gestae, September 2010;

"Life is Worth the Wait: Supreme Court Reverses Death Sentences", to be published, November 2010.

Mr. Brener has appeared on "In Session" (formerly Court TV) as a special local commentator, and has been quoted in:

• The New York Times
• The Washington Post
• The Miami Herald
• The Naples Daily News
• The Fort Myers News-Press
• ESPN
• The Cape Coral Daily Breeze
• The Fort Lauderdale Sun Sentinel

David Brener served as lead defense counsel on a wide variety of criminal cases that were brought to trial, including cases where the charges were:

• FIRST DEGREE MURDER
• SECOND DEGREE MURDER
• DRUG TRAFFICKING
• SEXUAL BATTERY (RAPE)
• AGGRAVATED ASSAULT AND BATTERY WITH FIREARM / DEADLY WEAPON
• ARMED AND UNARMED ROBBERY
• ARMED AND UNARMED BURGLARY
• GRAND THEFT AND DEALING IN STOLEN PROPERTY
• POSSESSION AND USE OF FIREARMS AND WEAPONS
• DRUG SALES, DELIVERIES, PURCHASES, AND POSSESSIONS
• CARJACKING
• HOME / BOAT INVASION ROBBERY
• MANSLAUGHTER
• ATTEMPTED MURDER
• CONSPIRACY
• KIDNAPPING
• POSSESSION OF NARCOTICS WITH INTENT TO DISTRIBUTE
• ARSON
• FALSE IMPRISONMENT
• RESISTING ARREST
• DOMESTIC VIOLENCE
• CULTIVATION AND MANUFACTURE OF ILLEGAL DRUGS
• BATTERY ON LAW ENFORCEMENT OFFICER
• FLEEING AND ELUDING
• LEWD ASSAULT, BATTERY AND MOLESTATION
• DUI
• MISDEMEANORS
• ECONOMIC / WHITE COLLAR CRIMES

Call 239-332-1100 to set up an appointment. The initial consultation is free, and we have flexible appointments.
Thank you.