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We Fight For Your Freedom

Attorney Mark GermainMark Saul Germain

Experienced Criminal Attorney in Melbourne

Mark S. Germain has focused his career on defending individuals charged with criminal offenses in Brevard County, FL, and the surrounding areas of Central Florida. After completing his undergraduate degree at Rhodes College, Mark earned his Juris Doctor (JD) degree and a Master of Business Administration (MBA) from Stetson University College of Law in 2004. After law school, Attorney Germain’s passion for trial advocacy led to the public defender’s office for the 18th Judicial Circuit of Florida, where he served as an Assistant Public Defender.

During his tenure at the public defender’s office, Mr. Germain represented hundreds of individuals charged with misdemeanors, DUI, and serious felony offenses. During his tenure at the public defender’s office, Mr. Germain had the opportunity to get to know the judges and prosecutors in each division. By understanding the strategies that work best in each particular courtroom, Attorney Germain can provide the most effective defense for each of his clients.

After leaving the public defender’s office, Mr. Germain entered private practice, where he continued to focus on criminal defense in Brevard County. He served as the Vice President of the Brevard County Chapter of the Florida Association of Criminal Defense Lawyers (FACDL) and as the Secretary of the Brevard County Bar Association Young Lawyers Division.


  • J.D., Business, Stetson University College of Law, 2004
  • M.B.A., Stetson University, 2004
  • B.A., Political Science, Rhodes College, 2001

Florida Bar Memberships & Associations

  • Admitted to the Florida Bar, 2004
  • U.S. District Court for the Middle District of Florida
  • Florida Association of Criminal Defense Lawyers
    • Vice President, Brevard County Chapter
  • Brevard County Bar Association
    • Secretary, Young Lawyer Division
  • Member, National Organization for the Reformation of Marijuana Laws (NORML Legal Committee)
  • Avvo Reviews Bryan J
  • National Trial Lawyers Top 40 Under 40
  • orange county bar association
  • chamber of commerce melbourne
  • Norml commity
  • Brevard county bar

Our Case Results See Why Client's Hire Us

  • 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.
  • Two Counts of DUI; Two Counts of Possession of OxyContin; Possession of Paraphernalia
    Case: State v. A.M Case #: 2010-cf-0X3X5XA County: Brevard County Date: December 2010 Facts: The client was pulled over by the police for driving recklessly. The police found pills in the vehicle, which the police determined to be OxyContin. The police had the client perform filed sobriety exercises and determined that the defendant was under the influence. Outcome: The state attorney’s office dropped all the charges against the client
  • 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; DUI with Personal Injury
    Case #: 052017CT0XXX92AXXXXX County: Brevard County Date: August 2017 Facts: Our client was a Charter Boat Captain, and driving home from work. While driving down a side street, our client noticed several people standing in the roadway. The client was unable to avoid one of the pedestrians, striking him with his pick-up truck. The pedestrian was thrown approximately 10 feet from the collision. Our client was subsequently arrested for Driving under the Influence causing Personal Injury. Additionally, a conviction for Driving Under the Influence would have suspended his Captain’s license for three years, and caused him to lose his employment of more than twenty years. Outcome: The Attorney filed a Motion to Suppress Evidence, arguing that the arresting officer failed to advise our client that he was “changing hats” from an accident investigation, to a criminal investigation, requiring the arresting officer to read our client Miranda warnings. The Judge granted the Attorney’s Motion to Suppress, and the prosecutor immediately offered to amend the charges from a DUI with Personal Injury, to Reckless Driving. Our client was able to maintain his Captain’s license, and his employment, as a result of the charges being amended to Reckless Driving.
  • DUI; Possession of Marijuana; Possession of Paraphernalia
    Case: State v. K.B Case #: 2009-mm-0X6X3XA County: Brevard County Date: July 2010 Facts: The Defendant was pulled over by the Satellite Beach Police Department for having an expired License Plate. The arresting officer pulled the defendant out of her vehicle and made her perform field sobriety exercises. The officer determined she was impaired and placed her under arrest. The defendant did blow over the legal limit. Mark S. Germain, the defendant’s attorney, filed a motion to suppress the evidence. The trial court determined the Officer did not have reasonable suspicion to ask the Defendant to perform field sobriety exercises. The trial court granted the Defendant’s motion to suppress. The trial court threw out the results of the Breath test and any observations made after the Defendant was illegally detained. Outcome: The State Attorney’s office dismissed all the charges against the Defendant.
  • 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 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.
  • 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.
  • 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 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

The Right Experience The Right Attorneys

  • Our attorneys have over 20 years of combine experience.
  • Our attorneys have a proven track record in handling cases like yours.
  • We have an exceptional reputation & hundreds of happy clients.
  • 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.