David M. Edelstein, PA

02/13/2026

A federal plea agreement may be the most consequential decision a client ever makes — and it's rarely as straightforward as the government presents it.

I've published a detailed guide covering what every person facing federal charges in South Florida needs to understand before they say "guilty":

✔ The three types of Rule 11 agreements — and why they're not equal
✔ How relevant conduct can expose you to far more than the count you plead to
✔ Why the Presentence Report can override what you negotiated
✔ Appeal waivers, cooperation risks, and what rights you permanently give up
✔ Safety valve eligibility in drug cases after the First Step Act

Federal prosecutors move fast. Deadlines are real. But fear is not a strategy.

If you or someone you know is charged in a federal case in the Southern District of Florida, read this before making any decisions.

Federal plea agreements explained: sentencing risks, safety valve, appeal waivers, and plea withdrawal rules.

02/11/2026

The difference between 2 years and 7 years often comes down to one word.

In federal sentencing, "Role" is rarely just about the +/- 2 points. It is the domino that knocks over everything else.

If you are tagged with an Aggravating Role (Leader/Manager), you don't just lose the guideline points. In many cases, you are also immediately disqualified from the Safety Valve and the new Zero-Point Offender reduction.

Suddenly, a small dispute over "supervision" becomes a 4-level swing and a mandatory minimum sentence.

This blog post explains exactly how to fight these adjustments in the Southern District of Florida, including:

🔹 The "Size" Defense: Why you cannot legally be hit with a +4 Leadership enhancement if the conspiracy involved fewer than 5 people.

🔹 The Amendment 794 Shift: How "essential" participants (like couriers) can still qualify for Minor Role reductions.

🔹 The Burden of Proof: Reminding the court that the Government must prove you were a leader; they don't get to just assume it.

Federal sentencing is not a mechanical calculation. It is an argument.

https://www.miami-criminal-lawyer.net/blog/role-adjustments-in-federal-sentencing

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Role Adjustments in Federal Sentencing When you’re facing federal charges in Miami or anywhere in the Southern District of Florida, one of the first questions you’ll ask is, “What am I realistically looking at?” Your sentencing exposure often turns on the United States Sentencing Guidelines,...

02/07/2026

Since the courts struck down the open-carry ban, I’ve been hearing the same questions over and over:

“Can I carry anywhere now?”
“What about grocery stores?”
“Do restaurants count?”
“Can I get arrested if a business asks me to leave?”

The short answer: Yes, open carry is legal — but the rules are far from limitless.

I recently published a detailed blog post that covers:

✔️ Where you can openly carry in Florida
✔️ Restricted locations that still trigger criminal charges
✔️ How private businesses can legally ban fi****ms
✔️ What qualifies as a “menacing display” under Florida law
✔️ How permitless concealed carry fits into the current rules
✔️ What to do if you’re questioned or arrested

If you carry in Florida — open or concealed — this is information you should know.

https://www.miami-criminal-lawyer.net/blog/can-you-now-openly-carry-a-gun-in-florida

02/06/2026

Facing a federal grand jury investigation is a high-stakes situation that can leave any person or business owner feeling uncertain about the future. Because these proceedings are secret by law and entirely controlled by the prosecutor, the decisions you make in the earliest stages of an investigation can shape the outcome of your case long before charges are ever filed.

My latest blog post explains the federal grand jury process in plain language, detailing how investigations begin and what it really means to be labeled a witness, a subject, or a target. We also cover how to handle subpoenas for documents or testimony and why preparation is everything when your rights and reputation are on the line.

If the federal government is asking questions, it is time to make sure you are answering them the right way.

Federal Grand Jury Proceedings and Investigations Few things are more unsettling than learning that you—or your business—may be the subject of a federal grand jury investigation. You may hear about sealed subpoenas, agents knocking on doors, or witnesses being called to testify behind closed doo...

12/04/2025

Did you know that in Florida, the police usually can’t use a drone to spy on your backyard without a warrant? The rules aren’t as simple as many think. This blog post explains how the law works — when a drone over your pool, yard, or patio might violate your rights and what you can do if you suspect wrongdoing.

Read more:

Can Police Use Drones to Spy on Your Backyard Without a Warrant? Miami Criminal Defense Lawyer Explains Your Rights Under Florida & Federal Law If you’ve noticed a drone hovering over your backyard, you’re probably wondering the same thing most people do: Can the police legally spy on you

12/03/2025

If you or a loved one is dealing with federal charges, knowing what evidence the government has is one of the most important parts of the case.

I just published a new blog post explaining how discovery works in federal criminal cases — what prosecutors must hand over, what they don’t have to share, and how we use this information to fight the charges.

Federal discovery is much more limited than most people think.

If you want to understand the process — in plain English — you can read it here:

👉 https://www.miami-criminal-lawyer.net/blog/discovery-in-a-federal-criminal-case.html

Please share this with anyone who might need it.

https://www.miami-criminal-lawyer.net/blog/discovery-in-a-federal-criminal-case

Discovery in a Federal Criminal Case: What Every Defendant Should Know When you’re facing federal charges, one of the first questions you’ll ask is, “What evidence does the government have against me?” In the federal system, the answer comes through a process called discovery. If you or some...

12/02/2025

Big changes just arrived in federal sentencing — and they could make a real difference for people facing charges or already serving time.

Amendment 821 updates two major parts of the federal guidelines:

🔹 First-time, non-violent offenders with zero criminal-history points may now qualify for a two-level reduction in their guideline range.

🔹 The old “status points” system has been reworked so that many defendants no longer receive extra criminal-history points simply for being on probation or supervision.

Even more important: these changes are retroactive.
That means people already serving federal sentences may be eligible for a reduction — but relief is not automatic. A motion must be filed, and the judge makes the final call.

If you or someone you care about has a federal case in Miami (past or present), these updates may significantly change the sentencing landscape. I’m always happy to help people understand what their options are.

Feel free to message me or contact my office with questions.

New Federal Sentencing Guidelines: What Amendment 821 Means for Your Case in Miami If you or a loved one are facing federal charges in Miami—or are already serving a federal sentence—the rules of the game have recently changed. The United States Sentencing Commission implemented Amendment 821 to...

10/22/2024

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The Frieze is back, baby! Just when Miamians were punched in the gut by another iconic spot closing, we got a sweet surprise.

10/16/2024

Opponents of Amendment 3, including the Florida Republican Party and Governor Ron DeSantis, are spreading a misleading message that the amendment explicitly bans home cultivation of ma*****na. This claim is inaccurate and misrepresents the actual content and intent of the amendment.

01/09/2024

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On November 12, 2023, The Plokhotnichenko family was notified of their father Henn… Peter Roca needs your support for Help family after sudden loss of father