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Melbourne Criminal Defense Attorneys

Fighting for the Rights of the Accused throughout Brevard County & Beyond

Located in Melbourne and serving Brevard, Orange, Volusia, Seminole, Indiana River, and Osceola Counties, The Law Offices of Germain & McCarthy offers aggressive legal representation for those accused of serious crimes. Additionally, our attorneys regularly handle complex personal injury and wrongful death claims. We provide a full-service approach for our clients, offering attentive guidance, honest counsel, and dedicated advocacy from start to finish.

If you are facing criminal charges or a criminal investigation, call our office for a free consultation to find out what you need to do now to protect yourself. Fighting for the best result often requires hiring an attorney as early in the process as possible before memories begin to fade and favorable evidence is lost. The decisions you make in the days and weeks following your arrest may dictate the avenues of attack available to the criminal defense attorney that you retain to represent you.

The Melbourne criminal defense attorneys at The Law Offices of Germain & McCarthy zealously fight for their clients. We take an aggressive approach, coupled with meticulous attention to detail. We believe that by filing and litigating all viable motions, we can often negotiate a better resolution to the case or force the prosecutor to drop the charges.

Don’t delay; contact our office online or by phone at (321) 248-7742 for a free, confidential consultation.

Why Hire Germain & McCarthy?

  • Our attorneys have over 20 years of combined experience.
  • We have an exceptional reputation & hundreds of happy clients.
  • Our attorneys have a proven track record in handling cases like yours.
  • We offer free consultations to all of our clients no matter the case.
  • We are available and accessible 24/7 for all of your legal needs.

Our Case Results See Why Client's Hire Us

  • Ct 1 – DUI; Ct 2 – Possession of less than 20 grams of cannabis
    Case: State vs. T.B. Case #: 2013-mm-0X1X7X County: Brevard County Date: November 2013 Facts: The Defendant was pulled over on A1A by Satellite Beach Police department. The client was arrested for driving under the influence, and he refused to give a breath sample. He was also arrested for possession of less the twenty grams of cannabis. Outcome: State dismissed the possession of cannabis and amended the DUI to a reckless driving right before trial.
  • Driving Under the Influence Second Offense
    Case: State vs. A.C. Case #: 2012-ct-0X5X6X County: Brevard County Date: November 2013 Facts: The client was charged with a second DUI. The state offered jail, and my client opted to exercise her Constitutional right to a jury trial. Outcome: The client was found not guilty.
  • Driving While License Suspended
    Case #: 2010-CT-0X8X8XA County: Brevard County Date: January 2011 Facts: The defendant was given a criminal citation for driving while her license was suspended. The state could not prove the Defendant knew her license was suspended, so the state dismissed the charges. Outcome: The defendant’s case was dismissed by the State Attorney’s Office
  • DUI
    Case: State vs. S.W Case #: 2011-ct-0X6X9XA County: Brevard County Date: October 2011 Facts: The defendant was pulled over on his way home from a local establishment. The officer conducted field sobriety exercises. The client refused to give a breath sample, and he was arrested. Outcome: The attorney went to trial on this case. After jury selection, the state lowered the charges to reckless driving, and the client was able to maintain his license and was not even put on probation.
  • DUI
    Case #: 052015CT0XXX09AXXXXX County: Brevard County Date: December 2016 Facts: Client was driving home from work at around 2am, and dropped his cellphone underneath his seat, causing him to swerve erratically. His vehicle was subsequently pulled over by law enforcement officers, and the client was arrested for Driving Under the Influence. Complicating matters, the client was facing immigration consequences, and likely deportation as a result of his pending charges. Outcome: The Attorney filed a Motion to Suppress the Evidence, arguing that the law enforcement officers who stopped our client’s vehicle were outside of their jurisdiction. After the hearing on the Motion to Suppress, the State Attorney’s Office agreed to reduce the DUI charge to a civil traffic infraction, with no immigration consequences to the client.
  • DUI
    Case: State vs. R.H Case #: 2012-ct-0X2X0X County: Brevard County Date: October 2012 Facts: The client was charged with DUI. The client was parked with her car on. The police pulled up behind her and conducted a DUI investigation. Outcome: Prior to trial, the State offered a reckless driving. The client did not lose her license, and she was not put on probation. The client received a withhold of adjudication and a fine.
  • DUI with a breath alcohol level above a .15
    Case: State vs. K.C. Case #: 2013-ct-0X6X8X County: Brevard County Date: October 2013 Facts: The Client was pulled over by the police for allegedly swerving with her lane. The police arrested her and she blew a breath alcohol level twice the legal limit. Outcome: The state amended the charge to a reckless driving and dropped all of the civil infractions.
  • DUI with one prior
    Case: State vs. J.H. Case #: 2011-mm-0X5X1XA County: Brevard County Date: May 2012 Facts: Client was pulled over and issued a ticket for driving under the influence and was arrested. Outcome: Client was found not guilty by a jury of his peers.
  • DUI, 2nd Offense
    Case: State v. K.H Case #: 2010-ct-0X1X5X County: Brevard County Date: March 2011 Facts: The client was pulled over by the Satellite Beach Police Department. The client was ordered to do field sobriety exercises and refused to do them. The client was arrested for driving under the influence. The client was videotaped throughout the process. Outcome: Right before jury trial, the government offered a reduction to Reckless Driving.
  • DUI, 2nd Offense; Refusal to Take Breathalyzer; Violation of Business Purpose Only License
    Case: State v. J.L Case #: 2010-ct-0X2X7XA County: Brevard County Date: September 2010 Facts: The client was alleged to have run a red light and was pulled over by the police. The police had the client perform field sobriety exercises. The police advised the client that he did not perform to standard, and he was arrested. The client refused a breathalyzer test for the second time, so the police charged him with refusal as well as his second offense of DUI. In addition, the police accuse the defendant of violating his business purpose only license. Outcome: Right before picking a jury, the state dismissed the DUI charge against the defendant. The defendant did plead guilty to the refusal charge and was placed on probation. Yet the defendant did not receive a second driving under the influence.

The Opinions
That Matter

  • Very professional!! I would recommend 100% and if I ever need legal services again, they would be the first place I would call!!

    “Very professional!! I would recommend 100% and if I ever need legal services again, they would be the first place I would call!! Thanks for everything!!”


  • Mark Germain was extremely kind, patient, helpful, and diligent.

    “Mark Germain was extremely kind, patient, helpful, and diligent. He was very personable and always made me feel like he genuinely cared about me and the outcome of my case. He was flexible with payments and was always very understanding of my situation. I highly recommend him.”


  • knowledgeable, reliable and amazing !

    “Mark Germain is the best. He is a great attorney, who genuinely cared about my case and me getting the best deal possible. Any questions I had, he was very knowledgeable & always happy to answer them. Highly recommend. If I could rate him 10 stars I would!”


  • Mark was very kind and courteous through the whole ordeal.

    “Mark was very kind and courteous through the whole ordeal. He was also very quick to get everything resolved and I'm very happy with the solution he found for everything. I hired him as criminal defense and criminal traffic and he got me out with nothing but some fines and court fees. He stayed in touch through everything and kept me in the loop 100% and also kept it simple with me and explained everything in detail instead of as I call it complicated legal jargon.”


  • Outstanding Job

    “I just had Attorney Mark Germain go to court for me. He did an outstanding job, I would recommend him to be your attorney if you ever need one.”

    George S.

Meet Our Attorneys

  • Mark Germain
    Mark Germain Attorney
  • Bryan McCarthy
    Bryan McCarthy Attorney
  • Mark Germain Attorney
    Mark Germain

    Mark S. Germain is an experienced criminal defense attorney, with an office located in Brevard County, Melbourne, Florida. Attorney Mark Germain has focused his career on defending individuals charged with criminal offenses. As an undergraduate Germain studied and received his B.S. degree for Political Science in 2001 from Rhodes College located in Memphis, Tennessee. In 2004, Mr. Germain earned his Juris Doctor (JD) degree and a Masters of Business Administration (MBA) from Stetson University College of Law. After Germain’s tenure as an Assistant Public Defender, he entered private practice where he continued to focus on criminal defense in Breard County, FL. Read More

  • Bryan McCarthy Attorney
    Bryan McCarthy

    Bryan McCarthy is a skilled criminal defense attorney who is passionate about helping those facing criminal charges in Melbourne, Florida, and the surrounding areas. He studied accounting at Florida State University and earned his bachelor’s degree in 2007. In 2010, he earned his juris doctor from Syracuse University College of Law. Bryan began his career in private practice in New York and later worked as a public defender in Brevard County. Now, he uses his experience to help those facing various misdemeanor and felony charges in Central Florida. Read More

  • Avvo Reviews 5 Stars
  • Avvo Clients' Choice 2019
  • 10.0 Avvo Rating
  • Avvo Reviews Bryan J
  • National Trial Lawyers Top 40 Under 40
  • orange county bar association
  • chamber of commerce melbourne
  • Norml commity
  • Brevard county bar
Germian & McCarthy

Aggressive Representation

for Criminal Defense & Personal Injury Matters

By visiting this website, you are taking an important first step in learning more general information about your particular legal situation, whether it be a criminal charge and possible defenses or what you need to do to bring a personal injury claim. No substitute exists, however, for speaking directly with an attorney about your case. An attorney can help you protect your rights at every stage of the case.

When handling criminal defense cases, our goal is to help our clients avoid the direct and indirect consequences of a criminal conviction. Many of the clients that we represent have no prior criminal record. We are adept at assisting clients with complex and delicate matters and have experience representing clients from all professions and backgrounds. Certain professions require special state or federal licenses or certification, such as doctors and physicians, nurses, lawyers, private and public school teachers, state and federal law enforcement officers, and members of the military. Individuals in these professions face special licensure issues after an arrest and prosecution.

In both matters of criminal defense and personal injury, we strive to provide our clients with the compassionate, personalized, and reliable legal representation they need and deserve. Reach out to our Melbourne criminal defense attorneys or our personal injury team today to discuss your case.

Contact us for a complimentary case evaluation.


ServingMelbourne, Cocoa Beach, Cape Canaveral, Orlando, Deltona, Daytona Beach, Kissimmee, and the surrounding areas.


2715 North Harbor City Blvd, Suite 4

Melbourne, FL 32935
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