What to Do If You Are Arrested in Daytona Beach
The way someone handles the opening stretch of a case, right after being taken into custody or learning that detectives are asking around, tends to shape everything that comes afterward.
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(786) 460-9689Hager & Schwartz, P.A.
Experienced
Daytona Beach Criminal Defense
As former state prosecutors, our award-winning Daytona Beach criminal lawyers at Hager & Schwartz, P.A. possess experience from both sides of the courtroom. We are the defense team you need.
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Dedicated. Experienced. Relentless.
Daytona Beach Criminal Defense Lawyers
Former Prosecutors Defending Clients in Daytona Beach and Volusia County
A Volusia County arrest moves fast. Florida law requires that an arrested person be brought before a judge within 24 hours, and anything said to an officer before that hearing tends to be quoted in a report.
Hager & Schwartz, P.A. steps into cases at exactly that stage, arrest, investigation, or warrant, for residents and visitors throughout Daytona Beach, DeLand, Deltona, Ormond Beach, Port Orange, Edgewater, New Smyrna Beach, and Flagler County.
Founders Brett Schwartz and John Hager spent years prosecuting for the State of Florida long before they took on their first defense case, and that history still shapes how they work. More than 50 years of combined criminal law experience, drawn from thousands of prior matters, now supports clients in the 7th Judicial Circuit and in the U.S. District Court for the Middle District of Florida. Criminal defense, misdemeanor through federal felony, is the only work our criminal law firm in Daytona Beach does, and every file gets built with trial as the backup plan from the start.
Talk to a Daytona Beach criminal defense lawyer before you say another word to anyone connected to your case. Contact us any hour of the day for a free consultation.
A few principles apply in nearly every case:
- Say nothing to police: A comment made at the scene, in a squad car, or during booking gets documented and can resurface weeks later, missing the tone and circumstances it was originally said under.
- Ask for a lawyer right away: That request doesn't have to wait for a formal interview room; it applies from the first question an officer asks about what happened.
- Refuse a search without legal advice: Officers can ask permission to search a phone, vehicle, or residence without a warrant, and agreeing to it turns over material the state would otherwise have to work to obtain.
- Keep distance from the person who made the allegation if a no-contact condition could be in place: Even a well-meaning call, text, or message passed along by someone else can turn into a second charge stacked on the first.
- Leave the case off social media entirely: A post meant to explain, defend, or vent frequently ends up printed out as an exhibit months later.
- Hold onto texts, videos, receipts, location data, and witness names: Anything that could help build a defense should be saved before a phone gets wiped or a memory fades.
- Reach out to our criminal lawyers in Daytona Beach before the first appearance or any further questioning: Getting counsel involved early changes what evidence is preserved and what is said while the case is still being shaped.
Our Client Success Stories
Calling Brett was the best decision I ever made. I’m beyond grateful for the work he’s done. He delivered on his promises. I’m incredibly grateful to him. If you ever find yourself in a situation you think has no solution, call Brett!. He will deliver.
Samuel 
Mr. Brett and his team were great to work with. Both him and Thuy Le (his paralegal) were prompt in responding to questions and concerns. And they were able to get the result me and my family wanted. Thank you.
Steph Sandoval
I highly recommend attorney Schwartz for anyone in need of an excellent criminal defense lawyer. From the very beginning, they were professional, knowledgeable, honest, and truly dedicated to helping me through a very stressful situation.
Heidi Fonseca
Defense You Can Depend On
Criminal Cases We Handle in Volusia County
Hager & Schwartz, P.A. represents clients charged with state and federal crimes across Volusia and Flagler Counties, whether the matter is a single misdemeanor charge or a multi-count felony indictment.
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Florida law splits criminal charges into two tiers: misdemeanors, punishable by up to a year in the county jail and heard in Volusia County Court, and felonies, which run from the third degree through capital offenses and carry state prison exposure in Volusia Circuit Court.
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A drug charge in Volusia County can start as simple possession or arrive already at a trafficking weight carrying a Florida minimum mandatory sentence, and a prescription-medication case faces exposure no lighter than one built around a street substance. The stop itself, whether a warrant existed, and how the substance was tested and stored are usually where these cases are won or lost.
Results:
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Case Dismissed
Drug Crimes
Juvenile Drug Possession
Our client was charged with juvenile drug possession. We were able to get the case dismissed and expunged off their record.
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Case Dismissed
Drug Crimes
Felony possession with Intent to Sell Marijuana Mr. Schwartz was able to negotiate for def to do CSH in order for the entire felony case to be DISMISSED.
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No Mandatory Prison Time for Repeat Trafficking Charge
Drug Crimes
STATE COCAINE TRAFFICKING
FACTS: Case# F24-1752
Client was charged for the second time for cocaine trafficking and as a result was facing a 15 year minimum mandatory. Notwithstanding his significant criminal history, Mr. Schwartz was able to present to the state enough evidence to establish the case was not as strong as they originally believed and was able to negotiate a plea well below his guidelines.
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A no-contact condition gets attached almost automatically once a domestic violence arrest happens in Volusia County, well before either side has had a hearing on what actually happened. Firearm surrender, an injunction filing, and fallout at home or at work can follow within days, and these cases frequently hinge on accounts from the parties that don’t line up.
Results:
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Expunged
Domestic Battery
Client was charged with battery and domestic violence. Our team was able to get the case dropped and expunged off their record.
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Case and Injunction Dismissed
Domestic Battery
Aggravated Battery and Domestic Violence Injunction
Client was arrested for aggravated battery and was the recipient of a petition for permanent restraining order. Mr. Schwartz, through deposition was able to establish that the “victim” completely lacked credibility. As a result, the assistant state attorney realized that she had no case because of the lack of physical evidence. She was forced to drop the case.
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Violent crimes run from assault and battery through robbery and weapons offenses, with manslaughter and homicide carrying the heaviest exposure. Whether a self-defense claim applies and how reliable an eyewitness identification actually is often end up deciding the case.
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Sexual battery, lewd conduct allegations, internet-based offenses, child pornography charges, and solicitation all fall under sex crimes, and a conviction, or sometimes a plea alone, can carry sex offender registration for decades. The strongest defense work usually focuses on how a statement was taken and what digital evidence genuinely shows.
Results:
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LEWD & LASCIVIOUS MOLESTATION OF A MINOR <16
Sex Crimes
FACTS: Case#F24-6702. Client was accused of slapping a minor girls bottom without her consent while intoxicated on a Caribbean Cruise. Client was charged with a 2nd degree felony and thus facing 15 years in prison.
RESULT: Mr. Schwartz was able to convince the state to file only a misdemeanor battery charge where he was sentenced to only six months of probation. The client lived out of state and never had to appear in person for court.
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Reduced Charges
Sex Crimes
2 Counts of Sexual Battery on a Minor and 4 Charges of L&L on a Minor in Two Separate Cases (Facing Multiple Life Terms in Prison)
FACTS: Well known successful artist with no criminal history was accused by two of his daughter’s childhood friends of sexually assaulting them multiple times over 15 years prior to reporting the allegations to police. As a result of the arrest, he was held without a bond in jail until Attorney Brett Schwartz was retained and was quickly able to get him out of custody and on house arrest.
RESULT: Over the course of almost a year, Attorney Brett Schwartz analyzed the states evidence and took the depositions of the alleged victims. He was able to convince the fourth prosecutor assigned to the case that the alleged victims lacked credibility based on significant inconsistencies in their testimony. As a result, all of the sexual offenses were dismissed and the client ultimately plead to one count of a much lesser charge, which allowed him to resume his normal life with his family.
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No Jail / Prison Time
Sex Crimes
When the client was 24 years old, he was arrested for having sexual relations with a fourteen year old. He was facing 30 years in Florida State Prison. Mr. Schwartz, after an exhaustive discovery process was able to negotiate a resolution of community control and probation with no jail time.
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A first-time DUI conviction under Florida law can mean county jail time capped at six months, a fine set between $500 and $1,000, and a stretch with no driving privileges at all, and those figures climb further if a prior conviction, an injury, or a refusal to submit to testing is part of the arrest. Felony DUI, fleeing the scene of a crash, and driving on a suspended status each carry additional exposure on top of that.
Results:
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Reduced Charges
DUI
DUI and Disorderly Intoxication
DUI was broken down to a reckless driving with no conviction and the disorderly intoxication charge was dismissed.
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Case Dismissed
DUI
Criminal Mischief and Disorderly Intoxication
Our client was charged with Criminal Mischief and Disorderly Intoxication. The case was dismissed and expunged off record.
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White-collar crimes like grand theft, burglary, fraud, embezzlement, and identity theft accusations across Volusia County typically come down to paper: bank statements, transaction records, and whatever digital footprint sits behind the allegation. Reviewing that material line by line is usually the starting point for figuring out the right defense.
Results:
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2 Counts Dropped & 3rd Closed with No Conviction
Theft Crimes
Resisting with Violence, Petit Theft, and Possession of Drug Paraphernalia
Same repeat client as above was again in a situation that resulted in a police confrontation which lead to his arrest. The officer accused him of stealing merchandise from a merchant. When approached, he shoved the officer. The client was again looking at prison time as he was charged with a felony and two misdemeanors. Mr. Schwartz was able to get two counts dismissed due to a bad search and get the felony bound to a misdemeanor, where all he had to do is pay court costs and avoided a conviction.
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Sentence Reduced Below Federal Guidelines
Federal
FEDERAL MONEY LAUNDERING AND WIRE FRAUD (MULTIPLE COUNTS)
FACTS: Client, while working as an executive for a pharmaceutical company illegal routed over $1,000,000 in company funds to a personal account in another state during the COVID pandemic. He subsequently used much of the illegally obtained proceeds to purchase a house for his family. Client was looking at up to 80 years in prison as well as a criminal forfeiture where the U.S. government would have taken his primary residence, leaving his wife and two children homeless.
RESULT: Attorney Brett Schwartz, through extensive negotiation with the government was able to save his home from governmental forfeiture and convince the court to a sentence well below his Federal sentencing guidelines, over the governments objection.
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A bench warrant, separate from the original criminal charge, can result from a probation violation, such as a missed check-in, a new arrest while under supervision, or simply not showing up to court. Arranging a planned surrender with a Volusia County criminal attorney present generally produces a better outcome than getting picked up without warning.
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Many arrests trace back to a mental health crisis rather than a planned crime, and cases like that raise questions a standard charge doesn’t: whether the client is competent to proceed, how treatment history gets factored in, and what mitigation looks like given the underlying circumstances. Florida allows the state attorney discretion to consider certain second- and third-degree felony defendants with a qualifying mental illness for a pretrial diversion program, though eligibility, and any outcome, depends entirely on the specific facts involved. Understanding what happened and why tends to open up options that a narrower reading of the charge would miss. A direct conversation about mental health and criminal defense options is the fastest way to find out what is realistic for a specific case.
What Happens After an Arrest in Volusia County?
Booking comes first, followed by a judge’s review at first appearance, usually within 24 hours, addressing release conditions along with the charges themselves. The State Attorney’s Office for the 7th Judicial Circuit then decides whether to file formal charges at all, a decision this firm tries to influence in advance through pre-file investigation, reaching out to the detective or prosecutor directly whenever the schedule permits.
Once charges are filed, arraignment comes next, followed by discovery, motion practice, back-and-forth with the assigned prosecutor, and, if none of that resolves the matter, trial and sentencing. An appeal remains an option where a legal error affected the result.
Depending on where a matter is filed, proceedings may take place at the Volusia County Courthouse in DeLand, the S. James Foxman Justice Center in Daytona Beach, or the Kim C. Hammond Justice Center in Bunnell.
How Our Daytona Beach Criminal Defense Lawyers Build a Case
Our work on a new file starts with the arrest affidavit and any attached sworn statements, the state’s account of what happened, and usually the earliest point where a gap in the evidence appears. We secure the video and body-camera footage next, and interview witnesses while their recollections are still fresh.
Our Daytona Beach criminal attorneys scrutinize every search warrant for how it was obtained, and a search that fails constitutional muster serves as the basis for a motion to suppress under Florida Rule of Criminal Procedure 3.190. We evaluate digital, financial, medical, and forensic evidence for what it actually proves rather than what a report assumes, and flawed testing or shaky identification procedures get pushed back on directly. We consider a self-defense theory or a lack-of-intent argument from day one.
Our attorneys bring favorable information to the prosecutor’s attention at the filing stage whenever the timing allows. We file the right motions, and prepare for trial alongside everything else.
Why Former Prosecutor Experience Matters
Sitting on the state’s side of a courtroom for years changes what an attorney notices once they move to defense work. It means understanding how a charging decision gets made inside a state attorney’s office, recognizing the argument the prosecution is likely to make and the evidence it will rely on, and identifying the soft spots in that evidence before the state does.
That background also informs how negotiation and trial preparation are handled: knowing what moves a prosecutor toward a reduced charge, and distinguishing between an argument that sounds good and one that genuinely supports a lighter charge or a dismissal. None of that translates to special influence inside the courthouse. It is judgment built from years on the other side of the same docket.
If you’ve been arrested or accused of a crime, you need to contact Hager & Schwartz, P.A. today to speak with our Miami criminal defense lawyers.
Why Choose Hager & Schwartz, P.A.?
Choosing a Daytona Beach criminal defense attorney under pressure means weighing what actually matters.
A few specifics that hold up:
- Former state prosecutors: Brett Schwartz and John Hager each spent years prosecuting in Florida before moving into defense work.
- More than 50 years of combined legal experience: We’ve carried thousands of matters from an initial arrest through final resolution.
- State and federal representation: Practicing in the 7th Judicial Circuit and in the U.S. District Court for the Middle District of Florida, with federal cases kept in-house rather than referred out.
- Serious felony and trial experience: Our Daytona Beach trial lawyers build cases for a jury from the outset, whether the case ultimately reaches one or not.
- Direct access, day or night: A client’s call reaches an attorney.
- A free, confidential consultation: Paired with flexible payment plans for clients who move forward with us.
- Standing recognized by peers: An AV Preeminent rating from Martindale-Hubbell, a Superb rating from Avvo, and selection to the Super Lawyers list every year from 2016 through 2025.
- Documented case outcomes: Results that include federal sentencing kept within standard guidelines, mandatory minimum exposure avoided on serious state charges, and felony allegations narrowed or dropped before a trial date.
No two files are alike, and the results listed above happened for other clients; they are not a preview of what any new matter will produce.
Serving Daytona Beach and Communities Across Volusia and Flagler Counties
Volusia County extends far beyond the Daytona Beach city limits, and client cases follow the same footprint. Court dates land throughout the 7th Judicial Circuit, in whichever courthouse a matter happens to be filed.
Representation reaches Daytona Beach, South Daytona, Ormond Beach, Port Orange, New Smyrna Beach, Edgewater, DeLand, Deltona, and Flagler County, including Palm Coast.
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The Team Who Will Fight for You
Protecting your rights, defending your freedom
Brett M. Schwartz Esq.
Founding Partner
Brett M. Schwartz, Esq. found his inspiration early on in his life by watching his father work the Miami criminal courts as a prominent defender...
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John S. Hager Esq.
Founding Partner
John S. Hager, Esq. is originally from Spring Valley, New York. Upon graduating from law school and passing the Florida Bar, John accepted...
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Thuy Le
Paralegal
For many clients, Thuy is typically the first point of contact. She often communicates with clients regarding updates, court information...
Learn MoreIt Starts with Caring for Our Clients
Our Daytona Beach criminal defense lawyers understand that being arrested is a frightening and helpless experience. This is why we pride ourselves on being accessible and available for a consultation 24 hours a day, 7 days a week to answer any questions you have regarding your case. We are committed to individualized care, which is why we provide every client with our individual cell phone numbers in the event they have a question about their case. Our Daytona Beach criminal defense attorneys strive to ensure that each client understands the confusing criminal justice system and also what strategies can be utilized to obtain the best possible result in their respective case(s).
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Frequently Asked Questions
People facing an arrest or an investigation in Volusia County tend to ask a similar set of questions. Below, we provide answers to handful of the most frequent ones.
A judge reviews probable cause and the charges, sets bond or other release conditions, and confirms that the person appearing understands the right to a Volusia County defense attorney. Florida law sets a 24-hour window from arrest to this hearing.
In many situations, yes. Getting involved during the investigation stage can open a direct line to the detective handling the matter or to the State Attorney's Office, and that conversation sometimes affects whether a charge gets filed at all, or how serious it ends up being.
Talking to a lawyer first is the safer move no matter what label an officer attaches to the conversation. Someone treated as a witness at the start can become a suspect once a recorded statement is available.
A search, a stop, or a statement that violated constitutional protections can be attacked through a motion to suppress. When that motion succeeds, the evidence in question is generally off-limits at trial.
A technical slip-up, a fresh arrest, or a missed court date can each set off a bench warrant and a separate violation hearing tied to the original sentence. What follows depends heavily on the type of violation and the person's history under supervision.
It sometimes does, depending on the charge and the surrounding facts. Documented treatment or a mental health history can factor into diversion eligibility or sentencing in certain cases, though nothing about that is automatic, and every file is reviewed on its own terms.
Law enforcement can act on an open warrant at any time, including during a routine traffic stop unrelated to the underlying case. Addressing the situation proactively, typically by coordinating a surrender through an attorney, generally produces a smoother outcome than being taken into custody unannounced.
Yes. Representation from our felony and misdemeanor lawyers in Daytona Beach covers the entire spectrum of Florida criminal charges, from a first offense on the low end to a life felony on the high end.
Yes. Coverage extends across Flagler County, including Palm Coast and Bunnell, alongside the Volusia County caseload.
Right away, whether that means immediately after an arrest, upon learning of a warrant, or at the first sign of an investigation. Early involvement shapes what gets preserved and what gets said while a case is still forming.
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Fort Lauderdale Criminal Defense Attorney 24/7
An arrest or an investigation feels overwhelming in the moment, and it is reasonable to want answers immediately. Hager & Schwartz, P.A. is reachable day, night, and weekends throughout Broward County, and the first conversation is a free, confidential consultation. Before discussing the allegations with anyone, including police, speak with one of our attorneys first.
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The Right Defense Team Matters
Highlighted by Superlawyers from Years 2016-2026
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Top-Rated Lawyers Fighting on Your Behalf
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Former Prosecutors Handling Your Defense
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Flexible payment options available
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Over 50+ years of combined experience
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