Skip to main content
David Allen Brener

David Allen Brener

Practice areas:

Criminal Defense

About Me

I am a true believer in our Constitution, and the right to Due Process of Law, no matter who you are, what you look like, or  with what crime a person is charged.  I believe  in the words of Justice Hugo Black, that the size of a person's wallet should not determine the kind of justice he or she receives.  I believe that one of the roles of a criminal defense lawyer is to be that stone wall between the client and the awesome power of the government, and between the client and prison, or the death penalty.  I have been rated "AV Preeminent" by Martindale Hubbell's peer review rating process in both legal ability and ethics, an honor held by fewer than five percent (5%) of attorneys, and am fully "death qualified" for representation of clients in Florida charged with capital first degree murder.  I am a former President of the Lee County Chapter of the Florida Association of Criminal Defense Lawyers, and a former Chairperson of the Criminal Law Practice Section of the Lee County Bar Association.  My practice is devoted exclusively to criminal defense, and my firm handles every type of criminal case in state and federal court. I pride myself in giving my all to the clients and cases I handle, and am never satisfied with the ordinary result. I practice in state and federal court, and have had numerous significant victories in both arenas.


Languages Spoken: Spanish, English

Practice Areas

Licensed since 1988

  1. Criminal Defense: 100%
    27 years



Free Consultation (30 minutes)

Payment Types:

Cash, Check, Credit Card

Attorney Endorsements

11 total 

  • Anthony Richard Tuorto

    I endorse this lawyer.


    Anthony Tuorto Criminal Defense Attorney
    Relationship: Other

  • Katheryn Elizabeth Smith Calvo

    I endorse David as a great lawyer. He is a dedicated litigator and extremely tenacious in even the most difficult of cases.


    Katheryn Calvo Criminal Defense Attorney
    Relationship: Fellow lawyer in community

Contact Info

Law Offices of Brener and DeMine, P.A.

2550 First Street
Fort Myers, FL, 33901


FLMember in Good Standing198805/07/2015

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.
Avvo Contributions
Legal Answers
Award NameGrantorDate Granted
"AV PREMINENT" Peer Review Rating In Criminal LawMartindale-Hubbell2010
Listed in Bar Registry of Preeminent AttorneysMartindale Hubbell2010
First Annual Community Service AwardWaterman Broadcasting2008

Work Experience
TitleCompany NameDuration
Exclusively Criminal Defense1988 - Present

Association NamePosition NameDuration
Florida Association of Criminal Defense LawyersFormer President and Founding Member, Lee County Chapter2010 - 2011
Lee County Bar AssociationFormer Chairperson, Criminal Law Practice Section2008 - 2012
Middle District of Florida Criminal Justice Act PanelChapter Representative, Fort Myers Division2006 - Present
National Association of Criminal Defense LawyersMember1992 - Present
Florida Association of Criminal Defense LawyersMember1991 - Present

Legal Cases
Case NameOutcome
USA v. Eric PerryAquitted of all charges
USA v. Simon ThomasAquitted of all charges
State v. Quincy HunterAquitted of all Charges

See all Legal Cases 

Publication NameTitleDate
Res Gestae, Magazine of the Lee County Bar AssociationPrivately Retained Criminal Lawyers Must Be "Capital Qualified" To Represent First Degree Murder Clients Unless The Death Penalty Has Already Been Waived2010
"Florida Defender", Magazine of the Florida Association of Criminal Defense LawyersNot Just Wishful Thinking: The American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases2010
Brener's Criminal Law BlogSaving One Life Saves Two: Kemar Johnston Verdict Saves Co-Defendant2010
The Champion, Magazine of the Nat'l Ass'n of Criminal Defense LawyersRe-thinking Change of Venue in High Profile Capital Cases:Staying Put and Using Pretrial Publicity and Morgan v. Illinois to Remove Pro-Death Jurors2010
Res Gestae, Lee County Bar MagazineIt's All Junk: Defense Counsel's Duty to Litigate Forensic Evidence2010
Res Gestae, Magazine of the Lee County Bar AssociationLife Is Worth The Wait: Florida Supreme Court Reverses Death Sentences2010
Res Gestae, Magazine of the Lee County Bar AssociationThe Credibility of Forensic Evidence2010
Res Gestae, Lee County Bar MagazineThe Necessity for a Special Jury Instruction on Heat of Passion Manslaughter2009
Res Gestae,Lee County Bar MagazineLimitations on the Scope of Voir Dire2009
Res Gestae, Lee County Bar MagazineOn Jury Nullification2009
Fort Myers News PressThe Bottom Line: Death Penalty Costly2009
Res Gestae, Lee County Bar MagazineFlorida's Death Penalty Problems and Recommendations2009
Res Gestae, Lee County Bar MagazineArraignment Exception Swallows Rule2009
Res Gestae, Lee County Bar MagazineThe Mitigation Specialist as an Integral Part of the Defense Team2008
"Florida Defender" Magazine, A Publication of the Florida Association of Criminal Defense LawyersProsecutorial Misconduct in the Penalty Phase Closing Argument of a Capital Case2007

School NameMajorDegreeGraduated
Golden Gate University School of LawLaw, Emphasis on Trial Practice and LitigationJuris Doctor1986

Speaking Engagements
Conference NameTitleDate
Life Over DeathCapital Jury Selection2012
Loosening the Death Belt XV, Bimingham AlabamaCapital Jury Selection2011
Death Is DifferentJury Selection in Capital Cases2011