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
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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.
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