FAQs
Frequently asked questions
Straight answers to the questions clients ask most about Florida charges, penalties, and the court process. Search or filter by topic.
No answers match your search.
Criminal defenseCan a theft record be sealed or expunged in Florida to help with employment?If your case led to a dismissal or you received a "withhold of adjudication" and met other statutory criteria, you may be eligible to pursue sealing or expungement. This process removes the record from most public-facing background checks, allowing you to legally state you were not arrested for the offense to private employers. A dedicated […]Read article →Criminal defenseWhat is the "Level 2" background check, and how does it affect theft cases?Florida requires Level 2 background screenings for employees working with vulnerable populations, including children and the elderly. Under Florida Statute § 435.04, many theft-related offenses serve as automatic disqualifiers for these positions. Even a "withhold of adjudication" may not clear you for certain healthcare or education roles. Engaging a seasoned attorney is critical for exploring […]Read article →Criminal defenseWill a theft charge prevent me from renting an apartment in Broward County?Many property management companies in Fort Lauderdale have strict screening policies that flag theft as a high-risk factor. Because theft is a "dishonesty" offense, landlords may deny your application regardless of whether the charge was a misdemeanor or a felony. Protecting your rights under the law early in the judicial process is essential to ensuring […]Read article →Criminal defenseCan I lose my Florida professional license if I am convicted of theft?Yes. State licensing boards, such as those for nursing, real estate, and contracting, often conduct background checks during application and renewal. Under Florida law, a theft conviction is considered a "crime of moral turpitude," which can lead to the denial, suspension, or revocation of your professional credentials. A knowledgeable legal advocate can work on your […]Read article →Criminal defenseHow does a theft conviction impact my ability to find a job in Fort Lauderdale?In Florida, theft is legally classified as a "crime of dishonesty." Most employers in Broward County view this as a significant liability, particularly in the banking, retail, and hospitality sectors where handling money or guest property is required. A conviction can disqualify you from roles requiring fiduciary trust. To protect your career, it is vital […]Read article →Criminal defenseDo I still need a Florida Concealed Weapon License for travel to other states?Yes. If you plan to carry a concealed weapon outside of Florida, you will likely need a formal CWFL. While Florida allows permitless carry for its residents, other states only recognize valid permits through reciprocity agreements. Maintaining your license ensures you remain protected under the law when crossing state lines, providing legal peace of mind […]Read article →Criminal defenseAre there places in Fort Lauderdale where permitless carry is still prohibited?Possibly. Interstate carry depends on the law of each state through which you travel. A Florida CWFL may allow concealed carry in states that recognize Florida licenses, but each state may impose its own age, residency, location, and firearm restrictions. Prohibited locations include schools, courthouses like the Broward County Main Judicial Center, polling places, and […]Read article →Criminal defenseWhat are the specific age and background requirements for permitless carry in Florida?To lawfully carry without a permit, you must be at least 21 years old and not prohibited from possessing a firearm under state or federal law. This means you cannot have felony convictions, certain domestic violence injunctions, or a history of substance abuse. If you are unsure of your eligibility, consulting a knowledgeable attorney can […]Read article →Criminal defenseCan I carry a concealed firearm in my car without a license under the new law?Yes, provided you meet the same eligibility requirements as someone with a permit. The firearm must be concealed on your person or "securely encased" in a glove box, snapped holster, or closed container within the vehicle. If you are stopped by law enforcement in Fort Lauderdale, you are required to carry and display valid identification […]Read article →Criminal defenseHow does Florida's New Permitless Carry Law change the rules for open carry?Florida's new law does not legalize open carry. Under Statute § 790.053, carrying a firearm in plain view remains a second-degree misdemeanor in Fort Lauderdale. The law only authorizes permitless carry for weapons that are concealed from the ordinary sight of others. Understanding this distinction is vital to avoiding criminal charges in the 17th Judicial […]Read article →Criminal defenseWill I lose my right to own a gun if convicted?A felony conviction in Florida leads to the loss of your civil rights, including the right to possess a firearm. While a misdemeanor discharge charge may not automatically revoke your rights under federal law, it can influence your ability to maintain a Concealed Weapon or Firearm License (CWFL). Protecting your rights under the law early […]Read article →Criminal defenseCan I be charged if the gun went off accidentally?If the discharge was truly accidental, for instance, a mechanical failure or a stumble, you may lack the "willful" or "negligent" intent required for a conviction. However, the state often treats any discharge in a public area as negligent. A seasoned legal team would work to gather forensic evidence or solid testimony to show that […]Read article →Criminal defenseCould I face a 20-year prison sentence for firing a warning shot?Under the 10-20-Life law (Statute § 775.087), if a firearm is discharged during the commission of certain felonies, a 20-year mandatory minimum applies. While the law was amended to allow judges more discretion in specific self-defense scenarios, a "warning shot" can still be charged as aggravated assault with a firearm. A skilled attorney is needed […]Read article →Criminal defenseWhat is the difference between "reckless" and "knowing" discharge?A "knowing" discharge occurs when you intentionally pull the trigger in a public place. "Reckless" discharge implies a gross deviation from the standard of care a reasonable person would exercise, such as target practicing in a backyard near other homes. Both can lead to significant jail time in the 17th Judicial Circuit, though "reckless" behavior […]Read article →Criminal defenseIs it illegal to fire a gun on my own property in Fort Lauderdale?In most cases, yes. Under Florida Statute § 790.15, it is a first-degree misdemeanor to recklessly or negligently discharge a firearm on property used primarily as a dwelling or zoned exclusively for residential use. While rural landowners in some parts of Florida may have more leeway, the high density of Broward County means that firing […]Read article →Criminal defenseHow does the 2026 "Dangerous Crimes" law impact pretrial detention?Florida law now classifies 26 specific offenses as "dangerous crimes," requiring stricter pretrial detention protocols. If you are charged with a qualifying offense, such as carjacking or certain firearm crimes, the state may file a motion for pretrial detention, leading to the hearing. During this hearing, a skilled legal representative will challenge the state’s evidence […]Read article →Criminal defenseWhat should I do if the police attempt to question me after an arrest?You should immediately and clearly invoke your Fifth Amendment right to remain silent and request a lawyer. In Fort Lauderdale, statements made to law enforcement after an arrest are frequently used by the Broward State Attorney’s Office to build their case. Once you request an attorney, officers must generally stop all questioning. Remaining silent is […]Read article →Criminal defenseCan I be released from jail without paying a monetary bond in Fort Lauderdale?You may be eligible for Release on Recognizance (ROR) or non-monetary conditions if you are charged with a non-violent offense and have strong ties to the Broward County community. However, under Florida Statute § 907.041, individuals accused of "dangerous crimes" are often ineligible for ROR at their first appearance. A knowledgeable legal advocate can work […]Read article →Criminal defenseWhat is the Florida Uniform Statewide Bond Schedule, and how does it affect me?As of January 1, 2026, Florida follows a mandatory Uniform Statewide Bond Schedule under Administrative Order AOSC25-69. This schedule sets standard monetary amounts for specific offenses to ensure consistency across all counties. While booking officers use this to set initial bail, a judge in the 17th Judicial Circuit has the authority to increase or, in […]Read article →Criminal defenseHow long will I be held in jail before seeing a judge in Broward County?Under Florida Rule of Criminal Procedure 3.130, you must appear before a judge for a "First Appearance" within 24 hours of your arrest. In Fort Lauderdale, these hearings occur daily at the Broward County Main Jail. The judge will review the arrest report for probable cause, formally notify you of the charges, and determine bond […]Read article →Criminal defenseAre "no-knock" warrants legal in Fort Lauderdale?Florida generally follows the "knock and announce" rule, which requires police to identify themselves and wait a reasonable amount of time before entering. However, "no-knock" entries may be authorized if there is a specific, articulable fear that evidence will be destroyed or that officers will be in immediate danger. If police used a no-knock entry […]Read article →Criminal defenseWhat happens if the police had a warrant, but it was based on a lie?If a law enforcement officer intentionally or recklessly included false information in the affidavit for a warrant, your attorney can request a Franks Hearing. During this hearing, the defense challenges the truthfulness of the officer’s statements. If the judge finds the officer was dishonest and that the warrant would not have been issued without those […]Read article →Criminal defenseDoes a search warrant have to be 100% accurate?Under Florida Statute § 933.05, a search warrant must describe with "particularity" the place to be searched and the items to be seized. If a warrant is overly broad, for example, authorizing a search of an entire apartment complex when only one unit was under suspicion, it may be deemed invalid. Errors in the address, […]Read article →Criminal defenseWhat should I say if an officer asks to search my bag or vehicle?You have the right to politely but clearly refuse. You can say: "I do not consent to any searches." Refusing a search does not give the officer probable cause to search you, nor does it make you "look guilty" in the eyes of the law. If they search anyway, your refusal is a critical piece […]Read article →Criminal defenseCan the police search my car if they smell marijuana in Florida?As of 2026, the legal landscape surrounding the smell of marijuana has shifted significantly due to the legalization of medical marijuana and the prevalence of hemp. While a judge may still consider the "plain smell" of marijuana as part of the "totality of circumstances" for probable cause, it is no longer an automatic justification for […]Read article →Criminal defenseDoes a "No Contest" plea mean I am guilty?A plea of Nolo Contendere (No Contest) means you are not contesting the charges but are accepting the sentence. For most sentencing purposes in the Criminal Court Process in Broward County, it is treated similarly to a guilty plea. However, the primary benefit is that a "No Contest" plea generally cannot be used as an […]Read article →Criminal defenseWhat is a "Sounding" or "Status Conference" in Broward County?In the 17th Judicial Circuit, these are pretrial hearings where the judge checks on the progress of the case. The judge will ask if discovery is complete and if the parties are ready for trial. These hearings are critical opportunities for your legal representative to update the court on defense investigations or to signal that […]Read article →Criminal defenseCan I resolve my case without ever going to trial?Yes, the vast majority of cases in the Criminal Court Process in Broward County are resolved through plea agreements, dismissals, or diversion programs. A knowledgeable defense attorney will evaluate the evidence to determine if a trial is necessary or if a more favorable resolution can be achieved through negotiation with the Broward State Attorney’s Office, […]Read article →Criminal defenseWhat happens if I miss a court date at the Broward Central Courthouse?Missing a scheduled appearance in the 17th Judicial Circuit usually leads to the judge issuing a "Capias" or bench warrant for your arrest. Additionally, any bond previously posted may be forfeited. If you have a legitimate emergency, a skilled attorney can often file a motion to "quash" the warrant and reschedule the hearing, explaining the […]Read article →Criminal defenseHow long does a criminal case typically take in Broward County?The timeline for a case varies significantly based on the complexity of the charges. A misdemeanor may be resolved in a few months, while a complex felony could take a year or more. Under Florida's "Speedy Trial" rules, the state generally has 90 days for misdemeanors and 175 days for felonies to bring a case […]Read article →Criminal defenseWhat happens during a typical initial consultation?During a consultation, the attorney will ask about the facts of your case and your prior history. They will explain the potential penalties you face in the 17th Judicial Circuit and outline a preliminary strategy. This is also your opportunity to assess the attorney's communication style and determine if they are someone you can trust […]Read article →Criminal defenseCan an attorney help me if I haven’t been arrested yet?Yes. In many cases, an attorney can engage in "pre-filing" negotiations. If you are under investigation by the Fort Lauderdale Police Department or the Broward Sheriff's Office, a knowledgeable attorney can contact the prosecutor early to present your side of the story, which may influence whether formal charges are ever filed.Read article →Criminal defenseShould I choose a lawyer based on the lowest price?While budget is a reality, the "cheapest" option can be costly in the long run. Criminal defense requires significant time for investigation, research, and courtroom appearances. An unusually low fee may indicate that the attorney handles a high volume of cases and may not be able to provide the dedicated attention your defense requires. Focus […]Read article →Criminal defenseIs it better to hire a solo practitioner or a larger firm?Both have advantages. A solo practitioner may offer more direct, personal attention, while a larger firm might have more internal resources. The most important factor is the specific attorney’s experience in the 17th Judicial Circuit and whether they have the time and dedication to focus on your individual case. You want a skilled advocate who […]Read article →Criminal defenseHow can I verify if an attorney is in good standing in Florida?You can visit the Florida Bar’s website and use their "Find a Lawyer" tool. This allows you to check an attorney's current membership status, their office location, and whether they have a record of public discipline. This is a critical step when you are looking to choose a criminal defense attorney in Fort Lauderdale to […]Read article →Criminal defenseCan a non-resident carry a concealed weapon in Florida?Yes, as long as the non-resident is a U.S. citizen at least 21 years old and meets all the eligibility requirements of Florida’s permitless carry law. Florida also recognizes valid concealed carry permits from other states that have reciprocity agreements with Florida. Visitors to Fort Lauderdale must still follow all of Florida’s specific location restrictions.Read article →Criminal defenseDo I need to take a training course to carry a concealed weapon in Florida?If you are carrying under the permitless carry law, no training is legally required. However, if you wish to take a formal Concealed Weapon or Firearm License (CWFL), you must complete a state-approved firearms safety course. A knowledgeable instructor will cover handgun basics, safety, and a guide to the legal education required to carry effectively.Read article →Criminal defenseWhat happens if I am caught with a gun in a restricted zone like a school?Carrying a firearm onto school property or into a courthouse is a serious offense in Florida. Depending on the intent and the specific location, this can be charged as a felony. The 17th Judicial Circuit courts often impose strict penalties for these violations to deter unauthorized firearms in sensitive public spaces.Read article →Criminal defenseCan I carry a concealed weapon in my car without a permit?Yes. Under Florida's "private conveyance" law, an eligible adult can have a firearm in their vehicle. However, the weapon must be "securely encased" (in a glove box, holster with a strap, or closed box) or not readily accessible for immediate use. If you are stopped by police in Broward County, it is often wise to […]Read article →Criminal defenseIs open carry legal in Fort Lauderdale now?Yes. Following a historic legal shift, public open carry is now permitted for law-abiding, eligible adults across Fort Lauderdale and the entire state of Florida.Read article →Criminal defenseHow can a defense attorney help if the evidence seems strong?A seasoned attorney will look beyond the initial evidence to find procedural errors or constitutional violations. This includes challenging how digital evidence was collected or seeking to suppress statements made without proper Miranda warnings. Furthermore, an experienced lawyer can work with the Broward State Attorney's Office to explore diversion programs or plea negotiations that may […]Read article →Criminal defenseWhat happens if the victim of the identity theft is a minor?Florida law provides enhanced protection for minors. Fraudulently using the identity of a person under the age of 18 is typically classified as a second-degree felony, regardless of the amount of money involved. This carries a potential sentence of up to 15 years in prison. The state views these crimes severely because identity theft can […]Read article →Criminal defenseIs it identity theft if I didn't actually spend any money?Yes. You can be charged with a crime simply for possessing the personal identification information of another person with the intent to use it fraudulently. You do not have to complete a transaction to face felony charges. In the 17th Judicial Circuit, prosecutors often use digital evidence and search history to prove "intent" even if […]Read article →Criminal defenseCan I be charged with identity theft for using a deceased person's information?Yes. Florida Statute § 817.568(8) specifically addresses the use of a deceased person's personal identification information. This is classified as a third-degree felony. If the offense involves multiple deceased victims or high dollar amounts, the charges can be elevated to second or first-degree felonies with mandatory prison time. Protecting your rights under the law requires […]Read article →Criminal defenseWhat is considered Aggravated Identity Theft in Florida?Under Florida law, identity theft becomes "aggravated" based on the number of victims or the financial amount involved. If the fraud involves $5,000 or more, or 10 or more victims, it carries a 3-year mandatory minimum prison sentence. Higher thresholds, such as 20 victims or $50,000 in benefit, increase mandatory minimums to 5 or 10 […]Read article →Criminal defenseWhat are the penalties if the victim is 65 years or older?If the victim of an aggravated battery is 65 years of age or older, Florida Statute § 784.08 requires the offense to be reclassified from a second-degree felony to a first-degree felony. This increases the maximum prison sentence from 15 years to 30 years. Additionally, the law mandates a three-year mandatory minimum prison sentence and […]Read article →Criminal defenseDoes the victim have to agree to drop the charges in Florida?In Florida, the decision to prosecute belongs to the State Attorney’s Office, not the alleged victim. Even if the alleged victim signs a waiver of prosecution or asks for the case to be dropped, prosecutors may continue if they believe there is enough evidence, such as 911 recordings, medical records, body-cam footage, or eyewitness testimony.Read article →Criminal defenseWhat qualifies as a "deadly weapon" in an aggravated battery case?Under Florida law, a deadly weapon is any instrument used or threatened to be used in a way likely to produce death or great bodily harm. While firearms and knives are common examples, Fort Lauderdale courts have considered automobiles, heavy tools, and even footwear to be deadly weapons depending on how they were used during […]Read article →Criminal defenseCan an aggravated battery charge be reduced in Broward County?Charges can be reduced through negotiations with the Broward State Attorney’s Office or through pretrial motions. A knowledgeable attorney might seek to reduce the charge to "simple battery" or "felony battery" if they can show that a deadly weapon was not used or that the injuries did not meet the "great bodily harm" threshold. This […]Read article →Criminal defenseWhat is the difference between battery and aggravated battery in Florida?In Florida, simple battery is typically a first-degree misdemeanor involving intentional, non-consensual touching or striking. It becomes aggravated battery, a second-degree felony, if the defendant uses a deadly weapon, causes great bodily harm/permanent disfigurement, or strikes a victim they knew was pregnant. The primary difference lies in the severity of the injury or the tools […]Read article →Criminal defenseDoes a theft conviction lead to a driver’s license suspension in Florida?Yes, under Florida law, a conviction for any theft offense can lead to a court-ordered suspension of your driving privileges. For a first offense, the suspension typically lasts six months. Subsequent convictions can lead to a one-year suspension. Because a valid license can affect work, transportation, and daily responsibilities in Fort Lauderdale, an attorney can […]Read article →Criminal defenseWhat are the penalties for a first-time Grand Theft conviction in Fort Lauderdale?For a third-degree grand theft (property valued between $750 and $20,000), a first-time offender faces up to five years in Florida State Prison, five years of probation, and $5,000 in fines. However, the Broward County court system often allows eligible individuals to pursue Pre-Trial Diversion programs. Successful completion of these programs can lead to a […]Read article →Criminal defenseHow is the value of stolen property determined in a Florida theft case?Florida courts generally utilize the "fair market value" of the property at the time and place the offense occurred. This represents the price a willing buyer would pay a willing seller for the item in its current condition. If market value cannot be established, the court may consider the replacement cost. A knowledgeable defense attorney […]Read article →Criminal defenseCan a Petit Theft charge be upgraded to a felony in Broward County?Yes, a misdemeanor can be reclassified under specific circumstances in the 17th Judicial Circuit. If an individual has two or more prior theft convictions, a third petit theft arrest may be charged as a third-degree felony, punishable by up to five years in prison. Furthermore, if the theft involves a coordinated effort with others or […]Read article →Criminal defenseWhat is the main difference between Petit Theft and Grand Theft in Florida?The primary distinction lies in the monetary value of the property taken. Under Florida Statute § 812.014, theft is classified as petit theft if the property is valued at less than $750, typically causing misdemeanor charges. Grand theft is generally a felony charge when the property value reaches $750 or more. Certain types of property, […]Read article →Criminal defenseWhat is "Grand Theft of a Motor Vehicle"?Under Florida Statute § 812.014(2)(c)6, the theft of any motor vehicle is automatically classified as grand theft in the third degree, regardless of whether the vehicle is worth $100 or $10,000. In Broward County, this is a serious felony. If the vehicle is used to cause property damage or if the value exceeds higher thresholds […]Read article →Criminal defenseWhat happens if I stole multiple items that add up to $750?Florida law may allow prosecutors to aggregate the value of multiple items in certain cases. For example, if you are accused of taking several items during the same incident, the combined value may be used to determine the charge. If that total reaches $750 or more, you may face a third-degree grand theft charge rather […]Read article →Criminal defenseWhat are the long-term consequences of a grand theft conviction?Beyond jail time and fines, a grand theft conviction is treated as a crime involving dishonesty. It can affect employment, background checks, professional licensing, housing, credit applications, firearm rights, and certain civil rights. The impact depends on the conviction, sentence, and your individual circumstances.Read article →Criminal defenseCan a grand theft charge be reduced to a misdemeanor in Fort Lauderdale?Yes, it is often possible to work on your behalf to seek a reduction of charges. This typically occurs by challenging the prosecution’s valuation of the property to show it falls below the $750 threshold. If the value is successfully disputed or if there are significant weaknesses in the state’s evidence regarding your "intent" to […]Read article →Criminal defenseWhat is the difference between grand theft and petit theft in Florida?Under Florida law, the primary difference is the monetary value of the stolen property. Petit theft (a misdemeanor) involves property valued under $750, while grand theft (a felony) involves property valued at $750 or more. Additionally, grand theft can be charged regardless of value if the stolen item is a firearm, motor vehicle, or fire […]Read article →Criminal defenseHow does the value of property affect robbery vs. theft charges?In theft cases, value plays a major role; taking a $500 phone is a misdemeanor, while taking a $1,000 phone is a felony. However, in robbery cases, the value is irrelevant to the primary charge. Using force to take a $1 bill is just as much a second-degree felony as using force to take $10,000. […]Read article →Criminal defenseIs "Robbery by Sudden Snatching" the same as regular robbery?Florida has a specific statute for this (§ 812.131). It applies when property is taken from a victim’s person (like a purse snatching), and the victim becomes aware of the taking as it happens. Unlike regular robbery, the prosecutor does not need to prove that the offender used additional force or that the victim resisted. […]Read article →Criminal defenseWhat are the penalties for armed robbery in Fort Lauderdale?Armed robbery is one of the serious offenses in the 17th Judicial Circuit. Under Florida Statute § 812.13(2)(a), if a firearm or deadly weapon is used, it is a first-degree felony punishable by up to life in prison. Additionally, Florida’s 10-20-Life law may apply; for example, if a firearm is possessed during the crime, there […]Read article →Criminal defenseCan a theft charge be upgraded to robbery in Florida?If a simple theft escalates into a physical struggle, it may be reclassified. Under Florida law, if force is used at any point during the "continuous series of acts" involving the taking, including during the escape or while resisting the owner’s attempts to recover the property, the state may pursue a robbery charge. This "after-the-fact" […]Read article →Criminal defenseWhat is the difference between robbery and theft in Florida?The primary difference is the use of force. Theft (Florida Statute § 812.014) involves taking property without permission and is usually penalized based on the item's value. Robbery (Florida Statute § 812.13) involves taking property directly from a person using force, violence, or by creating fear. Because robbery threatens physical safety, it is always a […]Read article →Criminal defenseCan I take a hardship license if this is my first DUI arrest in Fort Lauderdale?Typically, yes. If it is your first DUI-related administrative suspension, you may be eligible to waive your right to a formal review hearing in exchange for an immediate "Business Purposes Only" (hardship) license. This allows you to drive for work, school, medical appointments, and religious services. However, you must enroll in DUI School Level I […]Read article →Criminal defenseShould I talk to the police or the State Attorney to "explain my side"?It is generally advised to remain silent. Anything you say to law enforcement or the Broward State Attorney’s Office can be used as evidence against you. Even seemingly helpful explanations can be interpreted as admissions of impairment. Instead, allow a skilled legal representative to handle all communications on your behalf to ensure your constitutional rights […]Read article →Criminal defenseWhere will my first court appearance take place?If you were arrested within the city limits or by the Broward Sheriff’s Office, your case will likely be heard at the Broward County Main Judicial Center located in downtown Fort Lauderdale. This court is part of the 17th Judicial Circuit, and your "Notice to Appear" will specify the exact courtroom and time for your […]Read article →Criminal defenseIs the "10-Day Rule" different if I was arrested on a weekend or holiday?No. The 10-Day Rule in Florida refers to ten consecutive calendar days. If your 10th day falls on a Saturday, Sunday, or a legal holiday, the deadline is strictly enforced and does not shift. To protect your driving privileges within the Broward County court system, you must file your request for a formal review or […]Read article →Criminal defenseWhat happens if I refuse the breathalyzer under the 2026 "Trenton’s Law"?Under the recently enacted Trenton’s Law, refusing a lawful breath, urine, or blood test is now classified as a second-degree misdemeanor in Florida, even for a first-time offense. In addition to the automatic one-year administrative license suspension, you now face potential criminal penalties of up to 60 days in jail and a $500 fine for […]Read article →Criminal defenseWhat are the "aggravating factors" that can increase DUI penalties in Broward County?Certain circumstances can elevate the penalties for a first-time DUI. These include having a Blood Alcohol Level (BAC) of .15 or higher, or having a minor under the age of 18 in the vehicle at the time of the stop. In these instances, Florida law mandates higher fines and the mandatory installation of an Ignition […]Read article →Criminal defenseAre Field Sobriety Exercises (FSEs) mandatory under Florida law?Unlike the breath test (which falls under Implied Consent), you are generally not legally required to perform roadside Field Sobriety Exercises, such as the "Walk and Turn" or "One-Leg Stand." While refusing these exercises does not carry the same automatic license suspension as refusing a breath test, the officer may still use your refusal, and […]Read article →Criminal defenseIf I am arrested in Fort Lauderdale, where will my court hearings take place?Most DUI cases originating in Fort Lauderdale are heard at the Broward County Main Judicial Center in downtown Fort Lauderdale. Your case will be overseen by the 17th Judicial Circuit Court. It is vital to have a legal team familiar with the local court’s specific procedures, as each division may have different requirements for pre-trial […]Read article →Criminal defenseCan I be charged with a DUI in Florida if my BAC was below .08?Yes. Under Florida Statute § 316.193, the state can pursue a conviction based on the "impairment of normal faculties." If an officer testifies that you were swerving, slurring your speech, or failed Field Sobriety Exercises, you can still face DUI charges in Fort Lauderdale regardless of the specific breathalyzer reading. The .08 threshold is simply […]Read article →Criminal defenseWhat is the "10-Day Rule," and why is it critical for my Fort Lauderdale DUI case?In Florida, you have exactly 10 days from the date of your arrest to challenge the administrative suspension of your driver’s license. If you do not request a "Formal Review Hearing" or waive it to pursue a hardship permit within this window, your license will be automatically suspended. This is an administrative process handled by […]Read article →