Fort Lauderdale Criminal Attorney Blog

May 24, 2026

The “Must-Arrest” Reality: What Happens Immediately After a Florida Domestic Violence Call

By The Law Offices of Richard Ansara, P.A.

Florida domestic violence laws are written in such a way that almost always: someone is going to jail. Understanding what happens next can determine everything about how this ends.

Florida’s domestic violence statutes mean anyone arrested on such charges cannot be released on bond before their First Appearance hearing — no matter how much money you have, no matter how mild the incident. That hearing happens within 24 hours of arrest. As a Fort Lauderdale domestic violence defense lawyer, I emphasize to anyone facing charges that the decisions you make before and during that hearing can shape the entire case. Your wisest course of action is to hire an experienced lawyer to help you through it.

Why Florida Officers Almost Always Arrest Someone

Florida Statute Section 741.2901 sets out one of the most aggressive domestic violence enforcement frameworks in the United States. It does not merely permit arrest; it creates a presumption that arrest is appropriate whenever an officer has probable cause to believe domestic violence has occurred, even if the alleged victim does not want anyone arrested, even if no visible injury exists, and even if the incident appears minor by any objective measure.

The statute explicitly instructs that “it is the intent of the Legislature that domestic violence be treated as a criminal act rather than a private family matter.” That legislative intent has real-world consequences:

The victim cannot “drop the charges.” Charges are brought by the State of Florida, not by the alleged victim. Even if the complaining party recants entirely, the prosecution can proceed (and often does) on other evidence including 911 recordings, officer observations, and photographs
Officer discretion is severely limited. If an officer has probable cause — meaning they believe domestic battery is more likely than not to have occurred — arrest is the required response in most circumstances. Mediating and leaving is generally not an option
Both parties can be arrested. Florida law allows for dual arrests when officers find mutual aggression. Both people in the home can be taken into custody simultaneously
Prior relationship matters, not current status. Florida’s domestic violence statutes cover current and former spouses, people who share a child, current or former household members, and people in dating relationships — regardless of whether they still live together

The practical effect is that a call to 911, made in anger, made by a neighbor, or made in a moment that quickly de-escalated, can trigger an arrest that neither party wants and that cannot be undone by the time cooler heads prevail. Understanding this is the first step to navigating what comes next.

The First 24 Hours: A Timeline

The period immediately following a domestic violence arrest in Florida is governed by a rigid procedural sequence.

The No-Bond Hold: Why You Cannot Just Post Bail

This is the piece that catches families most off guard. In most criminal arrests in Florida, a bond amount is set at booking, and the arrested person can be released within hours by paying that bond or using a bondsman. Domestic violence arrests do not work this way.

Under Florida Statute Section 741.2901(3), a person arrested for domestic violence shall be held in custody until brought before the court for First Appearance. No amount of money, no matter how large, can secure their release before that hearing. No bondsman can post bail because no bail has been set. The person is legally required to remain in custody until a judge sees them, which must happen within 24 hours of arrest under Florida Rule of Criminal Procedure 3.130.

What this means practically: if someone is arrested at 11 PM on a Friday, they will almost certainly spend the weekend in jail before seeing a judge, because “within 24 hours” in practice can stretch to the next available First Appearance docket. First Appearance hearings in Broward County occur daily, including weekends, but the timing depends on when in the day the arrest occurred and how quickly booking is processed.

What Happens at First Appearance

May 15, 2026

Navigating the New Waterway Rules: How Three FWC Citations Can Cost You Your Boat

By The Law Offices of Richard Ansara, P.A.

Florida’s latest vessel accountability overhaul has turned minor boating infractions into a cascading legal trap. What every Fort Lauderdale boat owner needs to know before they’re declared a public nuisance and potentially lose their vessel.

⚠ Critical 2026 Rule Change

As of January 1, 2026, Florida’s new electronic anchoring permit system is live. Anchoring in a designated anchoring limitation zone without a current permit, even for a single night, can now count as a qualifying infraction under the state’s three-strike vessel accountability framework. Our Fort Lauderdale FWC defense lawyers recognize that many South Florida boaters don’t know this clock has already started.

Florida has more registered vessels than any other state in the nation. Nowhere is that more visible than along the waterways of Broward County — the New River, the Intracoastal Waterway, Port Everglades, and the dozens of canals and coves that make Fort Lauderdale the “Venice of America.” For hundreds of thousands of South Floridians, a boat isn’t a luxury. It’s a way of life.

Which is exactly why the Florida Fish and Wildlife Conservation Commission’s sweeping new waterway accountability framework is so consequential to many boat owners. The rules that once governed commercial or clearly derelict vessels have quietly expanded to reach recreational boaters who simply didn’t keep up with registration renewals, anchored in the wrong spot, or left their vessel unattended a few days too long during a storm.

As a Fort Lauderdale FWC lawyer who represents boat owners throughout South Florida, we’ve watched the pace of enforcement actions accelerate sharply in early 2026. Our hope is to warn boaters before they’re next to be staring at a Notice of Intent to Remove their vessel from the water.

The Three-Strike Framework: How Infractions Stack

Florida’s vessel accountability program did not appear overnight. It evolved through a series of legislative updates into what is now a formal point-accumulation system that can lead to a “public nuisance” vessel designation with genuine consequences.

Here is how the escalation path works in practice:

First qualifying citation

Written or electronic citation issued. Infraction logged in FWC’s statewide vessel accountability database. Owner notified by mail. Civil fine assessed. No immediate threat to vessel ownership.

Second qualifying citation (within 12 months)

Escalated notice issued. FWC may require the owner to demonstrate a compliance plan. Vessel entered into “watch” status. Fine doubles. Some anchoring zones may prohibit further overnight anchoring pending resolution.

Third qualifying citation (within 12 months)

Vessel designated as a “public nuisance.” FWC issues a Notice of Intent to Remove. Owner has a limited window (typically 72 hours) to contest or take corrective action before removal proceedings begin.

Removal, impoundment, and potential forfeiture

FWC or a contracted marine contractor removes the vessel. Storage costs accrue daily. If the owner cannot pay removal and storage fees within the statutory period, the vessel may be sold or destroyed. The owner bears all costs.

The critical thing to understand about this escalation path: each step triggers faster than most boat owners expect. The 12-month lookback window means that three separate, seemingly minor interactions with FWC officers over the course of a year (a registration reminder, an anchoring zone warning, and a safety equipment inspection failure) can combine into a public nuisance designation. The citations don’t have to be related to each other.

The 2026 Electronic Anchoring Permit System, Explained

The most consequential new addition to Florida’s waterway enforcement apparatus is the statewide electronic anchoring permit system, which went live January 1, 2026, under F.S. 327.4105.

Previously, anchoring limitation zones — established in Miami-Dade, Broward, Monroe, and Pinellas counties, among others — were enforced primarily through posted signage and officer discretion. Chronic violators could be ticketed, but data was fragmented. The new electronic system changes this fundamentally. Continue reading

May 5, 2026

Arrested for DUI While Visiting Fort Lauderdale? A Guide for Out-of-State Drivers

By The Law Offices of Richard Ansara, P.A.

A weekend in Fort Lauderdale or Miami can turn into a legal nightmare that follows you all the way home. Here’s what you need to know, and why acting fast with a Fort Lauderdale DUI lawyer can make a world of difference.

Fort Lauderdale is one of the most visited destinations in the United States. Millions of tourists, business travelers, and convention-goers pour into Broward County every year. Most leave with memories. Some leave with something far more complicated: a DUI arrest hanging over their head as they board a plane home.

If you’re reading this from a hotel room in Fort Lauderdale (or from your living room back in Ohio, Texas, or New York, still shaken from last weekend) this is for you. As a Fort Lauderdale DUI lawyer who handles cases for out-of-state visitors and business travelers, we see this situation constantly. And the good news is: it’s far more manageable than it feels right now.

Let’s walk through what you’re actually facing, what Florida law means for your home state’s license, and exactly how a local attorney can fight for you — potentially without you ever needing to come back.

Why a Florida DUI Is Not a “Local Problem”

One of the most dangerous misconceptions out-of-state drivers have is thinking that a DUI in Florida only affects them in Florida. “I don’t even live there,” people say. “I’ll just deal with it from home.” This line of thinking can cost you your license, and in some states, your career.

The reality is rooted in an interstate agreement called the Driver License Compact (DLC) — and if you’re a licensed driver in almost any U.S. state, you’re bound by it.

🔗The Driver License Compact: How It Works

The DLC is an interstate agreement signed by 45 states (all except Georgia, Massachusetts, Michigan, Tennessee, and Wisconsin). Under its “one driver, one license, one record” principle, states agree to share traffic violation and DUI conviction data with each other.

Here’s the flow:

🚔

Florida Arrest

Fort Lauderdale / Broward Co.

→

📡

DLC Reporting

Florida notifies your home state

→

🏠

Home State Acts

Suspends or revokes your license

Your home state is required to treat a Florida DUI conviction as if it happened in your own state — applying the same penalties your state would for a local DUI offense.

This means a conviction in Broward County courtroom can result in your driver’s license being suspended in New Jersey, California, Illinois, or wherever you call home. It can appear on background checks. It can affect professional licenses. And in some professions (such as commercial drivers, pilots, healthcare workers, lawyers) a DUI conviction triggers mandatory reporting requirements that can threaten your career entirely.

The stakes of an out-of-state DUI in Florida are not smaller because you were far from home. In many ways, they’re higher.

The 10-Day Clock: Your Most Urgent Priority

When a Florida law enforcement officer arrests you for DUI and your blood alcohol level tests at .08 or above (or you refuse a breath test), they will immediately confiscate your physical driver’s license and issue you a temporary paper permit. This permit is valid for only 10 days.

Within those 10 days, you or your attorney must request a Formal Review Hearing with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). If no hearing is requested, your Florida driving privileges are automatically suspended, and that suspension will be reported to your home state under the DLC.

Day of Arrest: Your license is confiscated. You receive a DUI citation and a temporary permit valid for 10 days. The clock starts now.
Within 10 Days: A formal review hearing must be requested. This is separate from your criminal case — it’s an administrative proceeding to fight the license suspension. A local attorney can file this on your behalf from anywhere.
Within 10 Days (Optional): You can also apply for a hardship license, which may allow limited driving privileges during the proceedings.
Criminal Arraignment: You’ll receive notice of your arraignment date. Out-of-state defendants are often able to waive their appearance at arraignment when represented by local counsel — meaning you don’t have to book a return flight.

Missing the 10-day window is the single most common and costly mistake out-of-state DUI defendants make. By the time they’ve talked to their family, calmed down, and started looking for lawyers back home, it’s often too late to preserve their driving privileges during the case.

The 10-day window doesn’t care that you live in another state. It doesn’t pause while you’re figuring things out. A local Fort Lauderdale DUI attorney can file your hearing request within hours of your call.

What Happens in Your Home State?

Understanding exactly what gets reported (and when) helps you understand why fighting the Florida case aggressively matters so much. Continue reading

April 28, 2026

The Hardship License Paradox: Florida’s New Ignition Interlock Rules and What They Really Cost You

By The Law Offices of Richard Ansara, P.A.

A DUI arrest is disorienting enough on its own. The moment the handcuffs come off, a new and equally urgent problem takes center stage: how do you get to work? How do you take your kids to school, get to a doctor’s appointment, or simply function as a working adult in Broward County, a place where public transportation is not a meaningful substitute for driving yourself, when your license has been suspended?

The answer most people hope for is a hardship license. The reality they encounter in 2026 is more complicated, more expensive, and more legally consequential than they ever anticipated. If you are navigating this process, a Fort Lauderdale criminal defense lawyer can be the difference between regaining your freedom of movement quickly and losing it for far longer than the law actually requires.

What a Hardship License Is — and What It Now Demands

A hardship license, formally issued under Florida Statute § 322.271, is a restricted driving privilege that permits a suspended driver to operate a vehicle for specific purposes: traveling to and from work, school, medical appointments, church, and ignition interlock device maintenance. It is not a full reinstatement of driving privileges. It is a limited exception, granted at the discretion of the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) Bureau of Administrative Reviews.

To qualify for a hardship license following a first DUI conviction, a driver must generally enroll in DUI school, apply through the FLHSMV’s Bureau of Administrative Reviews, and under Florida’s updated ignition interlock framework, in many cases demonstrate compliance with the ignition interlock device (IID) requirement as a condition of that restricted license.

This is the paradox: you need to drive to preserve your job and livelihood, but accessing the very license that allows you to do so now frequently requires installation of a monitoring device that carries its own burdensome requirements and costs.

The Expanded IID Mandate: Who It Now Affects

Florida Statute § 316.1937 governs ignition interlock device requirements, and the landscape has shifted materially in recent years. Historically, IIDs were reserved primarily for repeat DUI offenders or those with egregiously high BAC readings. That is no longer the case.

Under the current framework, a court must order IID installation for a minimum of six continuous months even for a first-time DUI offender if that person’s BAC was 0.15% or higher or if a minor was present in the vehicle at the time of the offense. For second convictions, the mandatory IID period extends to a minimum of one year — and two years if the BAC exceeded 0.15% or a minor was present. A third conviction carries a minimum two-year IID requirement, and fourth or subsequent convictions trigger a mandatory five-year IID requirement for any hardship license granted under § 322.271.

Critically, even for a standard first-time DUI without aggravating factors, courts retain broad discretion to order IID installation as a condition of sentencing — and many Broward County judges now routinely do so. The message from the bench is consistent: if you want to drive before your full suspension period ends, the IID is increasingly part of the price of that privilege.

The Hidden Costs Nobody Tells You About

The financial reality of the IID requirement is something prosecutors and administrative hearing officers never volunteer. Here is what the device actually costs a Broward County driver. Continue reading

April 18, 2026

DUI Manslaughter in Florida: Why “Double Penalties” for Repeat Offenders Change Everything — and What a Defense Lawyer Can Do About It

By The Law Offices of Richard Ansara, P.A.

Facing a DUI manslaughter charge is one of the most devastating experiences a person can endure — legal or otherwise. The weight of a tragic accident, the grief of a victim’s family, the attention of law enforcement and prosecutors, and the very real prospect of decades in prison, all descending at once. If you or someone you love is confronting this situation in Broward County, you need to understand what Florida law now demands, and why retaining an experienced Fort Lauderdale criminal defense lawyer immediately may be the single most consequential decision you make.

What Trenton’s Law Does to the Sentencing Landscape

Under Florida Statute § 316.193(3)(c)(3), DUI manslaughter has long been classified as a second-degree felony, carrying a maximum of 15 years in prison and a fine of up to $10,000. A mandatory minimum of four years in state prison applies. The Florida Criminal Punishment Code scoresheet, which accounts for victim injury points, typically pushes the recommended sentence for a first-time offender to well over ten years before a judge has said a single word.

That was already a severe framework. Then came Trenton’s Law.

House Bill 687, signed by Governor Ron DeSantis and effective October 1, 2025, was named for Trenton Stewart, an 18-year-old Stetson University freshman killed in Jacksonville by a wrong-way driver who already carried a prior DUI manslaughter conviction out of Broward County. The legislation fundamentally reshapes the consequences for repeat impaired driving offenders. Under HB 687, any person with a prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide who is subsequently charged with one of those same offenses now faces a first-degree felony — with a maximum sentence of 30 years in Florida state prison. There is no look-back period. A DUI conviction from twenty years ago is as qualifying as one from last year.

The law also elevates the offense ranking on Florida’s Criminal Punishment Code severity chart: DUI manslaughter with a prior qualifying conviction is now ranked at Level 9. That’s the same tier as armed robbery and aggravated battery with great bodily harm. The sentencing implications of that reclassification are severe and immediate.

For prosecutors in Broward County, the message from Tallahassee is clear: pursue these cases aggressively, and the law will support you at every step.

The Fear of a 30-Year Sentence Is Real — But So Is the Defense

If you are reading this because someone you care about is under investigation or has been charged, the fear you are feeling is entirely understandable. But fear, however justified, should not paralyze you. What matters most in the first hours and days after an arrest is not how the charge is labeled — it is how quickly and effectively a defense attorney gets to work.

Here is the foundational legal reality the prosecution will never advertise: even under Trenton’s Law’s enhanced framework, the State must still prove every element of DUI manslaughter beyond a reasonable doubt. That means proving the defendant was operating the vehicle, that they were impaired or had a BAC of 0.08% or higher, and — critically — that their impaired operation caused or contributed to the death of another person. So while the State is not required to prove that the defendant’s drinking alone caused the accident, causation must still be established. A defendant cannot be convicted of DUI manslaughter simply because their vehicle was “involved in” an accident. The operation of the vehicle must have caused or contributed to the fatal outcome. That is a meaningful legal threshold, and one that a skilled defense attorney can challenge. Continue reading

April 4, 2026

The 2026 Vessel Accountability Act: New Risks for Broward Boaters — and How to Protect Yourself

By The Law Offices of Richard Ansara, P.A.

Fort Lauderdale is one of the premier boating destinations in the world. On any given weekend, the Intracoastal Waterway, the New River, and the waters off Port Everglades are alive with vessels of every kind. But as Fort Lauderdale criminal defense lawyers can explain, a significant shift in Florida law — one that has been unfolding in phases since mid-2025 and is now fully in effect in 2026 — means that those same waters are more legally consequential than ever before. If you own, operate, or spend time on a vessel in Broward County, understanding what has changed is not optional. It is essential.

What the New Vessel Accountability Law Actually Does

Senate Bill 164, signed by Governor Ron DeSantis and implemented in two phases — July 1, 2025, and July 1, 2026 — represents the most comprehensive overhaul of Florida’s derelict and at-risk vessel framework in years. The legislation amends Florida Statute § 327.30 and related provisions, and was designed to address problems with derelict vessels that may threaten seagrass beds, endanger navigation, and create serious environmental hazards.

The provisions most relevant to active Broward boaters fall into two areas of heightened concern.

Effective Means of Propulsion (EMP) Evaluations. Under the new law, vessel owners must complete an EMP evaluation upon request by law enforcement. If an FWC officer has reason to believe the vessel lacks an effective means of propulsion and the owner is present, that evaluation must be conducted immediately. If the owner is not present, it must be completed within 48 hours of receiving notice. If the vessel cannot demonstrably operate safely under its own power, there is a risk of citation, possible removal, and other escalating legal consequences.
Long-Term Anchoring Permits and Public Nuisance Declarations. As of July 1, 2026, vessels anchoring long-term in Florida waters must obtain an annual electronic permit issued by FWC. Unauthorized long-term anchoring carries fines of $100 for a first offense, $250 for a second, and $500 for a third or subsequent offense. A vessel owner who receives three violations within a two-year period may have their vessel declared a public nuisance and removed as if it were derelict.
Escalating Criminal Penalties. The law increases penalties for repeat offenders, with charges escalating from first-degree misdemeanors to second-degree felonies for multiple derelict vessel offenses. Living aboard a vessel declared derelict by a court or administrative order is now prohibited and carries a first-degree misdemeanor charge.

An FWC Citation Is Not a “Ticket” — It Is a Criminal Matter

March 28, 2026

Federal vs. State Jurisdiction: Who Is Actually Prosecuting You If You’re Arrested with a Gun at a Florida Airport?

By The Law Offices of Richard Ansara, P.A.

You are running late for your flight at Fort Lauderdale-Hollywood International Airport. You drop your bag on the conveyor belt, step through the scanner, and a moment later, everything stops. TSA officers are huddled around the X-ray monitor. Your carry-on bag contains a firearm you forgot to remove — one you legally own, one you have carried lawfully for years. Within minutes, a Broward Sheriff’s Office deputy is standing in front of you.

What happens next depends on a set of interlocking legal questions that most travelers, even law-abiding gun owners, have never considered. Chief among them: who is actually prosecuting you for these alleged crimes at the airport, the State of Florida or the federal government? And what does that mean for your future?

As our Fort Lauderdale criminal defense lawyers can explain, the answer is more nuanced than most people realize, and it changes based on exactly where inside FLL you are standing when the firearm is discovered. Understanding the distinction can be the difference between a manageable legal situation and one that permanently alters the course of your life.

The Lay of the Land at FLL: Where You Are Matters

Fort Lauderdale-Hollywood International Airport is a layered environment from a legal jurisdiction standpoint. The Broward County Aviation Department contracts with the Broward Sheriff’s Office to provide all law enforcement services at FLL. BSO operates an Airport District with specialized units, including a Criminal Investigations Unit that investigates all reported crimes at FLL and presents cases to the State Attorney’s Office. BSO also works in close coordination with federal agencies including the FBI, U.S. Customs and Border Protection, and the U.S. Department of Homeland Security.

The most important geographic line inside FLL, from a legal standpoint, is the TSA security checkpoint — the boundary between the public, non-sterile area of the terminal and the secure, sterile zone beyond it. Where you and your firearm are located relative to that line shapes virtually every aspect of what follows.

Pre-security: If you are in the ticketing area, near the check-in counters, or anywhere in the public terminal before reaching the TSA checkpoint, you are in an area to which the general public has access. Florida’s Constitutional Carry law (effective July 1, 2023) dramatically changed the landscape here. Under Florida Statute § 790.01, eligible individuals may now carry a concealed firearm without a permit so long as they otherwise satisfy the criteria established under § 790.06. A lawfully-possessed firearm in the pre-security area of a Florida airport does not, standing alone, constitute a criminal violation of Florida law. The situation changes substantially, however, once you approach the checkpoint.

At or beyond the checkpoint: This is where the legal exposure becomes serious and immediate. Federal law, specifically 49 U.S.C. § 46314, expressly prohibits knowingly and willfully entering a secure area of an airport while in violation of security requirements — which include the prohibition on bringing a firearm through a TSA checkpoint. Florida law mirrors this prohibition. Under Florida Statute § 790.06(12), carrying a concealed firearm into any place where the carrying of firearms is prohibited by federal law is itself a criminal offense. Airport security checkpoints are unambiguously within that prohibition. It makes no difference whether signs were posted at the checkpoint informing you of the restriction.

What Happens the Moment TSA Finds Your Firearm

March 20, 2026

HB 277 and the Surge in Electronic Monitoring: What Domestic Violence Defendants Need to Know

By The Law Offices of Richard Ansara, P.A.

A domestic violence allegation is one of the most serious and disorienting experiences a person can face. In a matter of hours, you can go from living your normal life to standing before a judge, subject to a no-contact order, separated from your home, and — under Florida’s sweeping new legislation — potentially facing a GPS ankle monitor strapped to your leg before you have ever been convicted of anything. If you or someone you care about is navigating this, you need to understand what has changed, why it matters, and what a skilled Fort Lauderdale criminal defense lawyer can do to protect you.

What Is HB 277 and What Does It Actually Do?

House Bill 277, passed unanimously by both chambers of the Florida Legislature in March 2026 and is set to take effect July 1, 2026. It is one of the most comprehensive overhauls of Florida’s domestic violence statutes in recent memory. Formally titled the “Domestic Violence and Protective Injunctions” Act, the bill enhances criminal penalties for repeat domestic violence offenders, reclassifying offenses to higher-degree crimes when a prior conviction exists. It expands the statewide injunction verification system maintained by the Florida Department of Law Enforcement. It increases relocation assistance for victims from $1,500 to $2,500 per claim. And, most significantly for the person facing a fresh accusation, it dramatically expands the use of GPS electronic monitoring.

Under HB 277, courts are now authorized, and in certain circumstances required, to order electronic monitoring supervision when a person is found guilty of, or has adjudication withheld on, a domestic violence offense under Florida Statute § 741.281. The bill also establishes a pilot electronic monitoring program in Pinellas County for misdemeanor domestic violence offenders placed on probation with a no-contact order, and a separate pilot in the Sixth Judicial Circuit for felony offenders — both programs running from July 1, 2026 through June 30, 2028. When a court orders electronic monitoring, it must establish GPS exclusion zones and, critically, the respondent is responsible for paying for the monitoring services.

The law also further expands the factors a judge may consider when determining whether to grant a domestic violence injunction, adding threatening to harm or kill a family pet and the existence of a military protective order to the list of relevant circumstances a court may weigh.

The Electronic Monitoring Reality: What It Means for You

In practice, having a GPS ankle monitor means that every geographical movement you make is recorded and transmitted in real time. It means there are exclusion zones, which are geographic areas you are forbidden to enter. These can include your own neighborhood, your child’s school, or your place of work. It means monitoring fees paid out of your own pocket, often ranging from $5 to $15 per day. It means the constant, visible reminder on your ankle of a legal proceeding that has not yet resulted in a conviction.

For many people, the practical consequences of GPS monitoring can be as devastating as the charge itself. Employers notice. Colleagues ask questions. Professional licenses are scrutinized. The presumption of innocence, a cornerstone of our legal system, feels hollow when you are physically tethered to a monitoring device while awaiting trial.

This is why the first conversation with a Fort Lauderdale criminal defense lawyer matters so much — and why that conversation needs to happen immediately.

The Law Has Not Stripped You of Rights: Understanding “Least Restrictive Means”

One important point to make here is that a Fort Lauderdale no-contact order does not automatically mean GPS monitoring. A Broward County domestic violence charge does not automatically mean the most restrictive conditions of release. The law still requires courts to impose the least restrictive conditions that will reasonably accomplish the legitimate goals of the pretrial system. Continue reading

March 4, 2026

“Trenton’s Law” and the New Reality of DUI Refusals in Florida

By The Law Offices of Richard Ansara, P.A.

Historically, if you were stopped on suspicion of of DUI in Fort Lauderdale and declined to submit to a breath or urine test, the consequence was automatic driver’s license suspension, regardless of what happened with the DUI charge. Now, under Florida’s “Trenton’s Law,” effective October 1, 2025, what was once an administrative inconvenience is now a criminal offense. Understanding what this law means — and, critically, how it can be challenged — is essential for anyone who needs a Fort Lauderdale criminal defense lawyer in their corner today.

What Is Trenton’s Law?

Legislators and victim advocates pushed for Trenton’s law primarily to target repeat DUI offenders. The result was House Bill 687, now codified as an amendment to Florida’s existing DUI statutory framework.

The law has two principal components. It dramatically increases penalties for repeat DUI manslaughter and vehicular homicide offenders. It also fundamentally changes how Florida treats a first-time refusal to submit to a breath or urine test following a DUI arrest. Previously, under Florida’s Implied Consent Law (F.S. § 316.1932), such a refusal carried only an administrative driver’s license suspension of one year. Only a second or subsequent refusal could be prosecuted as a criminal offense.

That is no longer the law. And it’s an important distinction not only for Floridians, but those visiting from other jurisdictions. As it stands, approximately 14 states total impose criminal sanctions for refusing a chemical breath test in connection with a lawful DUI arrest. (We say “approximately” because bills are pending in other states, and there may be legal challenges pending in others.)

The “Right to Refuse” Now Carries a Potential Jail Sentence

Under Trenton’s Law, a first-time refusal to submit to a lawful breath or urine test now triggers both a license suspension and a second-degree misdemeanor criminal charge — punishable by up to 60 days in jail and a $500 fine. A second or subsequent refusal remains a first-degree misdemeanor, punishable by up to one year in jail.

A second-degree misdemeanor may not sound serious, but it can carry lasting consequences: background checks, elevated insurance premiums, and professional licensing complications. For teachers, healthcare workers, licensed contractors, and others whose livelihoods depend on a clean record, this is not a minor inconvenience. It is a life-altering event.

The new refusal provision has raised legitimate constitutional concerns among Florida defense attorneys. It effectively punishes someone for declining to hand the State evidence to use against them — an uncomfortable tension with longstanding principles of individual rights that will generate significant litigation in Florida courts for years to come.

The Critical Defense: Challenging the Lawfulness of the Stop

Here is where the conversation shifts from the weight of the law to the power of a skilled defense — and why the work of an experienced Fort Lauderdale criminal defense lawyer begins long before any refusal is ever considered.

The foundation of every DUI case is the traffic stop itself. Under the Fourth Amendment to the United States Constitution and Article I, Section 12 of the Florida Constitution, a law enforcement officer must possess reasonable suspicion — specific, articulable facts — before lawfully initiating a traffic stop. This principle was established in Terry v. Ohio, 392 U.S. 1 (1968), and has been consistently applied by Florida courts ever since. Continue reading

February 26, 2026

“There’s a Warrant for My Arrest in Fort Lauderdale. Now What?”

By The Law Offices of Richard Ansara, P.A.

Finding out there’s a warrant for your arrest is one of the most unsettling experiences a person can face. Your mind races. You wonder: Will they show up at my house? Will they arrest me at work? Will my name appear in public records? What happens to my job, my family, my reputation?

Take a breath. You have more options than you think. But the decisions you make in the next few hours and days matter enormously. As a Fort Lauderdale criminal defense attorney, I’ve guided many people through exactly this situation. Here, I’ll walk you through what a warrant means, what your rights are, and most importantly, a general guide on what you should — and should not — do.

First, What Exactly Is a Warrant?

In Florida, a warrant for your arrest is a court order authorizing law enforcement to take you into custody. Warrants are typically issued in two ways:

1. A Capiases (Capias) A capias is a court-issued directive for your arrest, most commonly issued when a person fails to appear for a scheduled court hearing (sometimes called a “failure to appear” or FTA), or when a judge finds probable cause to charge someone with a crime. The term comes from the Latin capias ad respondendum — literally, “that you take to answer.” Under Florida Rule of Criminal Procedure 3.121, a capias must be directed to all law enforcement officers in the state and must include your name, offense charged, and the amount of any bail.

2. An Arrest Warrant Based on Probable Cause Under Florida Rule of Criminal Procedure 3.120, a judge may issue an arrest warrant upon a sworn complaint or affidavit establishing probable cause to believe a crime has been committed and that you committed it. This is different from an indictment but serves a similar function: it gives law enforcement the legal authority to arrest you.

Both types of warrants are entered into the Florida Crime Information Center (FCIC) and the National Crime Information Center (NCIC), meaning law enforcement anywhere in Florida — and often nationwide — can see and act on them.

The Two Scenarios: Getting Picked Up vs. Walking In

Here’s the most important thing to understand: you have a choice in how this plays out, and that choice has real consequences.

Scenario 1: Getting Picked Up (The Worst Way This Can Go)

If you ignore a warrant and do nothing, law enforcement will eventually find you — and they’ll do it on their schedule, not yours. That might mean:

A knock on your door at 6:00 a.m.
An arrest in your workplace parking lot, in front of colleagues or customers
A traffic stop that turns into an unexpected detention
An arrest in front of your children or family members

Beyond the personal humiliation, being picked up this way gives you zero control over timing, setting, or initial conditions. You won’t have had the chance to speak with an attorney. You won’t have arrangements made for bail. You’ll be processed through Broward County Jail on law enforcement’s timetable, which can mean sitting in a holding cell for 24–48 hours or longer before seeing a judge. And it will almost certainly be more traumatic than it needs to be.

Scenario 2: The “Walk-In” or Voluntary Surrender (The Smarter Option)

A voluntary surrender — sometimes called a “walk-in” or “walk-in capias” — is exactly what it sounds like: working with your attorney to arrange your surrender to the court or law enforcement in a controlled, dignified manner. This approach has significant advantages. Continue reading