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David Allen Brener
About David
Biography
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 wall between the client and the awesome power of the government that attempts to take life or liberty. 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. I have offices in both Fort Myers and Naples.
I have handled tens of thousands of criminal cases in almost 30 years of practicing criminal defense. I have extensive jury trial experience with almost every type of charge, from murder in the first degree to major drug trafficking cases to misdmeanors and DUI. I have been asked to co-counsel on numerous cases by other criminal lawyers who sought my assistance in various aspects of defending serious and complex cases, such as jury selection, scientific evidence - fingerprints, DNA, medical examiner testimony - confessions, and mitigating circumstances.
Practice Areas
1
Practice Area
Criminal Defense
100%
38 years
Fees and Rates
Cost
Payment Methods
- Cash
- Check
- Credit Card
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Chat withLicenses
Licensed in Florida for 38 years
State: Florida
Acquired: 1988
Lawyer disciplined by state licensing authority in 2019
Location
Law Offices of Brener and DeMine, PLLC.
2550 First Street, Fort Myers (Naples Office also), FL, 33901
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David Allen Brener's Reviews
Showing 1 - 5 of 6 client reviews from Avvo
Posted by anonymous | July 26, 2018 | Hired Attorney
This review is from a person who hired this attorney.
Current Client
He has been our attorney for about 4+ months and we have not heard from him. We have made repeated calls for months and always get promises of callbacks from the answering service, with no follow thru; so we have no idea of what is transpiring with an upcoming case. It is very frustrating when you h...
Posted by Sandra | April 28, 2017 | Hired Attorney
This review is from a person who hired this attorney.
Great Lawyer
I hired David Brener for my son . I found Mr Brener to be highly effective and got the job done . He got my son's 2 Felony charges down to one misdemeanor and got the other charge totally dismissed . I would most definitely recommend him to friends and family . Grateful to Mr Brener
Posted by anonymous | November 4, 2016 | Hired Attorney
This review is from a person who hired this attorney.
He did a good job on my case
David did a good job on my case when I needed a criminal lawyer. When the case was over they asked me to write a review, and I have only good things to say. I would recommend him.
Posted by Quincy | October 17, 2014
Mr. Brener is the lawyer you want if you take your case to trial.
Mr. Brener was hired by my family just before the trial after I discharged another law firm. Even though it was a very serious felony charge, he got completely prepared in a short time and I am now a free man.
Posted by Eric | May 18, 2010
Great lawyer for trial
Mr Brener knows what he is doing. I was quited and walked out the door. I could have had life and now I am free.
David Allen Brener's Lawyer Endorsements
"I endorse this lawyer."
"I endorse this lawyer."
"I endorse David as a great lawyer. He is a dedicated litigator and extremely tenacious in even the most difficult of cases."
"I endorse this lawyer."
"I endorse this lawyer. Mr. Brener is one of the most respected and experienced homicide attorneys in Florida. His results are ummatched!"
"I endorse this lawyer."
"I enthusiatically endorse this lawyer. Mr. Brener is an outstanding, zealous advocate for his clients. In addition to his experience, perhaps his greatest strength is constructing creative strategies to further each clients goals."
"I endorse this lawyer. I have seen Mr. Brener handle a great number of cases, both as a fellow defense attorney, and against him back in my days as a prosecutor. He displays a broad knowledge of the law and is a top-notch trial attorney. I've worked with him in his capacity as President of the local chapter of FACDL, the Florida Assoc. of Criminal Defense Lawyers, and he is a zealous advocate for the rights of the accused."
"I endorse this lawyer's work. David Brener is a zealous advocate of his client’s rights. He is experienced and aggressive in the defense of the accused."
"Attorney Brener is one of the best in SW Florida. I would not hesistate to refer someone to him. Zealous, effective, respected, and a great communicator."
"I endorse this lawyer's work. Dave Brener is one of the best in the business. Extremely aggressive and very effective for his clients. He has experience at every level, from misdemeanor up to dealth penalty and federal trafficking cases."
Spencer Cordell
Criminal defense lawyer
Scott Moorey
Criminal defense lawyer
Timothy Moffitt
Criminal defense lawyer
Christopher Brown
Criminal defense lawyer
Steven Potolsky
Criminal defense lawyer
Experience
Professional misconduct
This lawyer was disciplined by a state licensing authority in 2019.
Disbarment issued in FL, 2019
updated on 10/14/2019This is the most serious penalty for a lawyer. If this attorney is currently practicing law, you should contact the Florida Bar to understand the reasons for this disbarment.
Suspension with Conditions issued in FL, 2018
updated on 03/21/2019This means an attorney lost his or her license to practice law for a period of time. The attorney typically returns to practicing law when the suspension expires.
Honors
2015
AV Preeminent Rated, Martindale-Hubbell
2014
AV Preeminent Rated, Martindale-Hubbell
2013
AV Preeminent Rated, Martindale-Hubbell
2012
AV Preeminent Rated, Martindale-Hubbell
2011
AV Preeminent Rated, Martindale-Hubbell
2010
"AV PREMINENT" Peer Review Rating In Criminal Law, Martindale-Hubbell
2010
Listed in Bar Registry of Preeminent Attorneys, Martindale Hubbell
2008
First Annual Community Service Award, Waterman Broadcasting
Work Experience
1988 - Present
, Exclusively Criminal Defense
Associations
2006 - Present
Middle District of Florida Criminal Justice Act PanelChapter Representative, Fort Myers Division
1992 - Present
National Association of Criminal Defense LawyersMember
1991 - Present
Florida Association of Criminal Defense LawyersMember
2010 - 2011
Florida Association of Criminal Defense LawyersFormer President and Founding Member, Lee County Chapter
2008 - 2012
Lee County Bar AssociationFormer Chairperson, Criminal Law Practice Section
Sample of Legal Cases
State adv. Adereian Carey
Case Dismissed
State v. Richard Thomas
Pled to 3 years in prison in addition to time serv
State of Florida v. Santos Osornio
No jail time on homicide; two years community control followed by three years probation.
State of Florida v. Theophilus Brooks
Death Penalty Waived; plea negotiated to second degree murder and a term of years less than life.
State of Florida v. Gens Cadet
Not Guilty by Jury on all charges.
State adv. Robert Dunn
Life recommendation from the jury after Brener conducted penalty phase, and imposition of a life sentence instead of the death penalty .
State adv. Mohammed Javed
Mistrial
State v. Tyler Hohnke
All Charges Dismissed
State v. Jeremy Jackson
Conviction reversed; pled to 10 years for murder.
State v. David B. Williams
Conviction reversed; charges dismissed.
State v. Jonathon Vazquez
Aquitted of Murder; found guilty of manslaughter
USA v. Eric Perry
Aquitted of all charges
State adv. Christine Roeby
25, 20, 10, and 3 year minimum mandatory waived
State v. Ernesto Miriles
Death Penalty WAIVED
State v. Jeremy Chapman
Death Penalty Waived
State v. Iris Moreland
Death Penalty Waived
State adv. Kemar Johnston
Unanimous jury recommendation of Life
State adv. Richard Elkins
Death Penalty Waived
State v. Raul Zavala
Motion to Suppress Defendant's Confession Granted
State v. Quincy Hunter
Aquitted of all Charges
USA v. Simon Thomas
Aquitted of all charges
Education
1986
Golden Gate University School of Law
Juris Doctor
Speaking Engagements
2012
Life Over Death
Capital Jury Selection
2011
Loosening the Death Belt XV, Bimingham Alabama
Capital Jury Selection
2011
Death Is Different
Jury Selection in Capital Cases
Publications
2015
Naples Criminal Law Blog
Florida's New and Improved Jury Instructions on Heat of Passion Manslaughter
2010
Brener's Criminal Law Blog
Saving One Life Saves Two: Kemar Johnston Verdict Saves Co-Defendant
2010
Res Gestae, Lee County Bar Magazine
It's All Junk: Defense Counsel's Duty to Litigate Forensic Evidence
2010
"Florida Defender", Magazine of the Florida Association of Criminal Defense Lawyers
Not Just Wishful Thinking: The American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases
2010
The Champion, Magazine of the Nat'l Ass'n of Criminal Defense Lawyers
Re-thinking Change of Venue in High Profile Capital Cases:Staying Put and Using Pretrial Publicity and Morgan v. Illinois to Remove Pro-Death Jurors
2010
Res Gestae, Magazine of the Lee County Bar Association
Life Is Worth The Wait: Florida Supreme Court Reverses Death Sentences
2010
Res Gestae, Magazine of the Lee County Bar Association
The Credibility of Forensic Evidence
2010
Res Gestae, Magazine of the Lee County Bar Association
Privately Retained Criminal Lawyers Must Be "Capital Qualified" To Represent First Degree Murder Clients Unless The Death Penalty Has Already Been Waived
2009
Fort Myers News Press
The Bottom Line: Death Penalty Costly
2009
Res Gestae, Lee County Bar Magazine
The Necessity for a Special Jury Instruction on Heat of Passion Manslaughter
2009
Res Gestae,Lee County Bar Magazine
Limitations on the Scope of Voir Dire
2009
Res Gestae, Lee County Bar Magazine
On Jury Nullification
2009
Res Gestae, Lee County Bar Magazine
Florida's Death Penalty Problems and Recommendations
2009
Res Gestae, Lee County Bar Magazine
Arraignment Exception Swallows Rule
2008
Res Gestae, Lee County Bar Magazine
The Mitigation Specialist as an Integral Part of the Defense Team
2007
"Florida Defender" Magazine, A Publication of the Florida Association of Criminal Defense Lawyers
Prosecutorial Misconduct in the Penalty Phase Closing Argument of a Capital Case
Languages
Spanish
English
Activity
Legal Answers
Legal Guides
Legal Answers
See More Legal AnswersLegal Guides
Legal Guide
Florida's Felony Murder Rule Sweeps With A Broad Brush
26 Feb 2011
Legal Guide
Florida's Death Penalty Problems and Recommendations, by David A. Brener.
24 May 2010
Legal Guide
The Necessity for a Special Instruction on Heat of Passion Manslaughter in Florida, by David Brener
24 May 2010