Articles Posted in Broward County Courthouse News

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Fort Lauderdale’s beaches, nightlife, and year-round sunshine attract millions of visitors annually. From spring breakers to business travelers, tourists flock to Broward County to enjoy everything South Florida has to offer. But what happens when a vacation takes an unexpected turn—when a night out results in an arrest, or a misunderstanding with law enforcement leads to criminal charges?

If you find yourself facing criminal charges in Broward County, whether you’re a local resident or an out-of-town visitor, your choice of legal representation can profoundly impact the outcome of your case. Fort Lauderdale criminal defense attorneys recognize this is where the “local advantage” is essential.

Understanding the 17th Judicial Circuit Court

Broward County’s criminal cases are prosecuted through the 17th Judicial Circuit Court, one of the largest judicial circuits in Florida and the second-largest in the state. The main courthouse is located at 201 SE 6th Street in Fort Lauderdale, with additional locations in Deerfield Beach and Plantation. This circuit handles everything from misdemeanor offenses in County Court to serious felonies in Circuit Court.

The volume and complexity of cases moving through this system is staggering. With a population exceeding 1.9 million residents and millions of visitors each year, Broward County’s courts process tens of thousands of criminal cases annually. Each case moves through a complex procedural framework governed by Florida Statutes and the Florida Rules of Criminal Procedure.

The Critical Role of the State Attorney’s Office

At the heart of every criminal prosecution in Broward County is the Office of the State Attorney for the 17th Judicial Circuit, currently led by State Attorney Harold F. Pryor. This office employs over 460 staff members, including approximately 213 assistant state attorneys (prosecutors) who handle the day-to-day prosecution of criminal cases.

The State Attorney’s Office isn’t a monolithic entity—it’s comprised of specialized divisions and units tailored to different types of crimes. There are prosecutors who focus exclusively on DUIs, domestic violence cases, drug offenses, white-collar crimes, and violent felonies. Each division has its own approach, priorities, and internal policies that can significantly affect how cases are handled.

Why Local Knowledge Matters: The Prosecutor Factor

When you hire a Fort Lauderdale criminal defense attorney with deep roots in the 17th Circuit, you’re not just hiring legal knowledge—you’re hiring relationships, reputation, and institutional memory. Here’s why that matters:

1. Understanding Prosecutorial Tendencies

Experienced local defense attorneys know the individual prosecutors. They understand who is more likely to negotiate, who takes a hardline stance on certain offenses, and who responds better to particular types of evidence or arguments. This isn’t about personal friendships—it’s about professional experience and pattern recognition that develops over years of practice.

A Fort Lauderdale criminal defense attorney who regularly appears in the 17th Circuit knows which prosecutors are newly assigned to a division and still learning the ropes, and which are seasoned veterans with decades of experience. This knowledge allows for more strategic case planning and more effective negotiations.

2. Familiarity with Internal SAO Policies

The Broward State Attorney’s Office has internal guidelines for plea negotiations, diversion programs, and charging decisions that aren’t published or widely known outside the legal community. A local attorney understands which cases might qualify for pretrial intervention programs, which offenses the SAO is currently prioritizing for enforcement, and how policy shifts under new leadership affect case outcomes.

For example, different State Attorneys may have varying approaches to prosecuting first-time offenders, drug possession cases, or specific types of violent crimes. An attorney who’s been practicing in Fort Lauderdale through these changes brings invaluable historical perspective.

3. Credibility and Professional Reputation

Reputation matters in criminal defense. When a respected Fort Lauderdale criminal defense attorney makes a representation to the court or to opposing counsel, their word carries weight. Prosecutors know which attorneys have track records of honesty, thorough preparation, and aggressive but ethical advocacy.

This credibility can make the difference in critical moments—when asking for a continuance, negotiating a plea deal, or making an argument for reduced charges. An out-of-town attorney, no matter how skilled, starts without this established trust.

The Judge Factor: Knowing the Bench

Fort Lauderdale criminal defense attorney

Beyond prosecutors, local knowledge extends to the judiciary. The 17th Judicial Circuit includes dozens of circuit and county judges, each with their own judicial philosophy, courtroom procedures, and pet peeves.

Understanding Individual Judges

A Fort Lauderdale criminal defense attorney who practices regularly in the 17th Circuit knows:

  • Which judges are strict about punctuality and courtroom decorum
  • Which judges prefer detailed written motions versus oral arguments
  • How different judges approach bond hearings, suppression motions, and sentencing
  • Which judges have particular expertise or interest in certain areas of law
  • How judges typically rule on common pretrial motions

This knowledge isn’t just helpful—it can be case-altering. For instance, knowing that a particular judge is receptive to evidence-based arguments about substance abuse treatment can inform whether to push for drug court versus traditional prosecution. Understanding a judge’s approach to Fourth Amendment issues can determine whether to file a motion to suppress evidence.

Courthouse Culture and Procedures

Every courthouse has its own culture and unwritten rules. The 17th Circuit has specific local procedures for everything from filing motions to scheduling hearings to handling emergency bond matters. According to Florida Rule of Criminal Procedure 3.130, arrested individuals must be brought before a judicial officer within 24 hours for a first appearance—but how those hearings are conducted, what information judges expect, and how to effectively advocate at first appearance varies by jurisdiction.

A local Fort Lauderdale criminal defense attorney navigates these procedures seamlessly because they’re second nature. They know which clerk’s office to contact for expedited matters, how to properly notice a motion in the 17th Circuit, and what documentation judges expect at various stages of proceedings.

The Out-of-Town Visitor: When Local Representation Matters Most

If you’re arrested while visiting Fort Lauderdale—whether for vacation, business, or family—hiring a local Fort Lauderdale criminal defense attorney becomes even more critical. Here’s why:

1. You Can’t Just Leave

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As a criminal defense attorney practicing in Fort Lauderdale, I’ve received more than a few panicked phone calls that start: “I missed my court date. What do I do now?” The anxiety in their voices is palpable, and for good reason: missing a court appearance can transform a manageable legal situation into a potential crisis.

But the good news is that with the help of proper legal counsel, there are steps you can take to minimize the fallout.missed court date Broward County defense lawyer

Understanding Court Appearances in Florida

First, let’s clarify what we’re talking about. Court appearances in Florida aren’t just for serious felonies. You might be required to appear for a wide range of matters, including:

  • Traffic violations beyond simple speeding tickets (DUI, reckless driving, driving with a suspended license)
  • Misdemeanors like petit theft, battery, disorderly conduct, or possession of marijuana
  • Felonies ranging from drug possession to aggravated assault
  • Probation violation hearings
  • Pretrial conferences and status hearings
  • Arraignments where you enter your initial plea

Some people assume that minor charges mean they can skip court without serious consequences. This is a dangerous misconception. Whether you’re facing a misdemeanor trespassing charge or a third-degree felony, the court expects you to appear when ordered.

What the Law Says: Florida Statute § 843.15

Florida doesn’t take missed court dates lightly. Under Florida Statute § 843.15, failure to appear for a court date in a criminal case is itself a separate crime. Here’s what you need to know:

If you were released on bail or your own recognizance and fail to appear for a felony charge, you’ve committed a third-degree felony—punishable by up to five years in prison. If you fail to appear for a misdemeanor charge, you’ve committed a first-degree misdemeanor—punishable by up to one year in jail.

Per F.S. 901.31, if you fail to obey a written promise to appear, you can be fined up to the maximum fine and/or sentenced to the maximum sentence of imprisonment on the principle charge – regardless of the disposition of the original charge.

Per F.S. 901.11, if you fail to appear as commanded by a summons without good cause, that’s considered an indirect criminal contempt of court, and can be punished by a $100 fine. Beyond that, the judge can issue a warrant for your arrest.

What Happens Immediately After You Miss Court

The moment you fail to appear, several things typically happen in quick succession:

1. The Judge Issues a Bench Warrant

Within minutes of your absence, the judge will likely issue a bench warrant for your arrest. As a Fort Lauderdale criminal defense lawyer can explain, this isn’t a “we’ll get around to it eventually” situation. The warrant goes into the system immediately, meaning any interaction with law enforcement—a traffic stop, an airport security check, even a routine identification check—can result in your arrest on the spot.

2. Your Bond May Be Revoked or Forfeited

If you posted bail, you’ve likely violated the conditions of your release. The court may forfeit your bond, meaning you or your bondsman loses that money. When you’re eventually taken into custody, the judge may set a higher bond or deny bond altogether, viewing you as a flight risk.

3. Additional Charges May Be Filed

As mentioned above, the State Attorney’s office can—and often does—file additional charges under Florida Statute § 843.15 for failure to appear. Now you’re defending against both your original charge and a new criminal offense.

4. Your Case Proceeds Without You

In some traffic and misdemeanor cases, the court may proceed in your absence, potentially entering a guilty verdict or judgment against you (known as a “default judgment”) without hearing your side of the story.

Why Do People Miss Court? (And Why It Doesn’t Matter)Fort Lauderdale criminal defense attorney

Over the years, I’ve heard every reason imaginable:

  • “I forgot the date”
  • “My car broke down”
  • “I was in the hospital”
  • “I had to work and couldn’t get time off”
  • “I was caring for a sick family member”
  • “I was too scared to go”
  • “I thought my attorney was handling it”
  • “I never received the notice”

Some of these reasons are understandable. Some are even legitimate emergencies. But here’s the hard truth: the court doesn’t automatically care why you missed your appearance. The burden is on you to notify the court beforehand if you have a legitimate conflict, or to remedy the situation immediately afterward.

The legal system operates on the principle that you were given notice and an opportunity to appear. Whether your reasons were valid or not, you still need to take specific legal steps to address the failure to appear—and hoping the problem goes away is not a strategy. The fact that your original legal problem is not further compounded makes it all the more important to hire a criminal defense lawyer right away to help you navigate the system from here.

The Ripple Effects You Might Not Expect

Beyond the immediate legal consequences, a missed court date can affect your life in ways you might not anticipate:

  • Employment complications: A warrant shows up on background checks, potentially costing you job opportunities or even your current position.
  • Housing issues: Landlords routinely run background checks. An outstanding warrant is a red flag.
  • Driver’s license suspension: For many offenses, the DMV will suspend your license when you fail to appear.
  • Immigration consequences: For non-citizens, a failure to appear can have devastating effects on immigration status, pending applications, or future admissibility.
  • Constant anxiety: Living with an outstanding warrant means constantly looking over your shoulder, unable to travel freely or live normally.

What You Should Do Right Now

If you’ve missed a court date, time is not on your side. Here’s what you need to do:

1. Don’t Ignore It

The worst thing you can do is nothing. The warrant won’t disappear. The charges won’t go away. The longer you wait, the worse your situation becomes and the less sympathy the court will have when you finally address it.

2. Contact a Criminal Defense Attorney Immediately

This is not a DIY situation. Before you do anything else—before you call the court, before you turn yourself in, before you try to explain what happened—call an experienced criminal defense lawyer.

Why? Because how you handle the next steps can mean the difference between a quick resolution and months of additional legal problems.

3. Do NOT Turn Yourself In Without Legal Representation

Many people think they should just go to the courthouse or police station and turn themselves in. While the impulse is understandable, doing this without an attorney is a mistake. Once you’re in custody, you’ve lost leverage and options.

How a Criminal Defense Attorney Can Help

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Navigating the Florida criminal case process is overwhelming for anyone arrested in the Fort Lauderdale area. Working with a dedicated Broward defense lawyer who knows the law, the local players, and the legal strategy most likely to help you prevail is essential. Broward defense lawyer

That said, we do like our clients and their families to have a basic understanding of how the case is going to proceed from start to finish. It’s worth noting that this process is applicable to state-level cases, not federal. Further, every case is different. One thing they all have in common, though, is that studies show the sooner you hire an experienced criminal defense team, the more favorable the outcome. (One analysis found that criminal defense attorneys in one large city helped reduce the murder conviction rate of their clients by 19 percent and reduced the probability of their client receiving a life sentence by 62 percent. Overall time served in prison was reduced by 24 percent.)

Our battle-tested criminal defense team is prepared to go to bat for each and every one of our clients, whether they’re facing felony or misdemeanor charges.

Arrest and Notice to Appear

This marks the start of your Florida criminal case. If an office of the law (typically a police officer or sheriff’s deputy) has probable cause to reasonably believe you committed a crime, they can make an arrest. Sometimes, this is predicated on the basis of an arrest warrant that has been written and signed by a judge. Other times, it stems from evidence gathered while officers are patrolling or responding to specific calls for assistance. Continue reading

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Last month, the newly-formed Conviction Review Unit in Broward County convinced a South Florida judge to free a man convicted 16 years ago of robbery and sentenced to life in prison. Prosecutors working with the CRU told the Broward County Circuit judge that they likely would be unable to gain a conviction today, given numerous evidentiary issues with the case, including the reliability of witnesses  and an alibi that jurors never had an opportunity to hear.Broward County criminal defense lawyer

An assistant state attorney leading the CRU told the judge it’s not even clear how the defendant was identified as a suspect, given that there was no physical evidence, no witnesses knew him and the only thing that lead police to him was an apparently questionable search through the TRAP program, a previously-used database of prior offender mugshots in a given area.

Broward County has one of the highest rates of false convictions in Florida. The National Registry of Exonerations notes more than 2,500 cases nationally of convicts later found innocent. More than 80 of those are from Florida and nearly a dozen in Broward. Continue reading

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Police and other law enforcement officers are increasingly asking people to turn over their cell phones, whether in the course of a traffic stop, after a motor vehicle collision or in the course of investigating the crime. A record number of people in America now have smartphones – nearly 80 percent according to Pew Research Center, which further noted among 18-to-29-olds, smart phone ownership exceeded 92 percent.

It should be obvious why investigators want to get their hands on these devices: They are a treasure trove of information and can make their jobs a whole lot easier. It’s hard to imagine even just a few short years ago, cell phones were solely verbal and texting communication devices. Now, they contain scores of sensitive and personal information, including calendars, emails, personal and professional contacts, music files, verification of recent purchases, bank records, public social media engagement (including personal messages) work files, browser history of  recent websites and of course saved photos and videos. This is not information you want – or usually that they never need – to see.

As Fort Lauderdale criminal defense attorneys  at The Ansara Law Firm can explain, the 4th Amendment to criminal defense attorneythe U.S. Constitution protects people from unreasonable searches and seizures. There are numerous reasons why cell phone information should remain private – not the least of which for a potential defendant is the fact that it could give police and prosecutors key evidence against you. But even if you have nothing to hide, it’s generally unwise to simply hand your phone over on request. Plus – you aren’t required to do so unless the officer has a warrant.  Continue reading

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Recently, the Broward state attorney’s office held a workshop for adults interested in having a criminal charge sealed or expunged from their record. eraser

Those who have a criminal conviction on their permanent record probably know that it can hinder one from landing a job, getting a decent apartment to rent, obtaining child custody or earning certain types of special licenses or certifications. It can touch nearly every facet of everyday life. This is true even though a person may have been cleared of the criminal allegation or they have successfully completed probation or a diversion program or otherwise paid their debt to society. Even having done all this, a person can still find that the arrest record haunts them. This is why expunging or sealing one’s criminal record can be so important to one’s future.

This is the fifth time the local state attorney’s office has held this workshop, which involves helping people prepare the sealing or expunging application that is required by the Florida Department of Law Enforcement to initiate the process, which can be initiated for both adults and juveniles, though the process can vary. Although there are certainly some who benefit from these free workshops, there is good reason why most people who initiate the process do so with the help of an experienced criminal defense lawyer.  Continue reading

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Last year, a Pompano Beach man was convicted of a slew of burglary and robbery charges. He faced up to 60 years in prison. The judge deferred his sentence in lieu of probation. But then, he was stopped for driving without a license. He was hauled back into court and sentenced to the full 60 years in prison. Following widespread backlash, the Broward Circuit judge had a change of heart. Community leaders at a hearing promised to work with the 24-year-old defendant, Herbert Smith. They were going to help him find a job and keep him out of trouble. The judge agreed once again to suspend the 60-year prison term. The caveat was that any violation of that probation – no matter how minor – could result in that 60-year sentence being reinstated. police

Then just before Thanksgiving of this year, Smith was arrested, accused of a burglary that took place in September. He was identified as one of two men who broke into a home in Parkland and heisted $30,000 worth of jewelry. It didn’t look good for the defendant, especially because probation violations don’t have to be proven beyond a reasonable doubt.

However, Smith got another break when prosecutors recently decided not to pursue the burglary charge or the probation violation. They dismissed both, finding there was not enough evidence to move forward.  Continue reading

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In 2001, a Broward County boy became the youngest ever in American to be sentenced to life in prison. That was 15 years ago.

Handcuffs

Recently, a number of those who were involved in the Lionel Tate case, including the judge, the prosecutor and the defense attorney, convened as part of a panel before the Broward County Crime Commission’s conference on juvenile and adolescent violence. They were there to discuss the landmark case, which involved a 12-year-old boy who in 1999 killed a 6-year-old girl whom his mother had been babysitting. He was reportedly attempting to imitate the pro-wrestling moves that he had seen on television.

An appellate court overturned Tate’s murder conviction in 2004, finding it wasn’t clear he had understood the charges. That led to a plea deal in which he agreed to plead guilty to second-degree murder in exchange for a sentence of 10 years probation. Those who were involved in the criminal case say they lacked clear guidelines for how they were supposed to handle matters like this. They had never before faced this type of circumstance, and the courts didn’t offer much guidance.  Continue reading

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In November, a Broward County Sheriff’s Office crime lab analyst being investigated for missing drugs resigned. That was almost two years after discrepancies arose with regard to the amount of cocaine evidence she had been working on. When the office came up 0.4 grams short, an independent analyst was asked to re-check her work. By then, the amount had shrunk by 5 grams. Then a random sampling of her work was done, and it was discovered one was off by 12 grams. Her supervisor was forced to resign. scale1

Now, with questions raised about the 5,800+ drug cases she worked during her nine-year tenure at the agency, the Broward New Times is taking a closer look at what it alleges were lax policies and poor oversight at the crime lab.

This is potentially a big deal, as it could result in thousands of Broward drug cases either being reopened or thrown out completely. A few grams may not seem like a major deal, but when it comes to criminal prosecutions, it is significant because it could mean the difference between a misdemeanor and a felony, a few months in prison versus several years.  Continue reading

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Criminal cases against dozens of people that have been languishing in Broward County’s felony mental health court have been dropped by prosecutors following the publication of “Trapped,” an investigating by The Sun Sentinel. handcuffs2

Reporters learned that people facing minor felony charges in mental health court spent six times as long in the criminal justice system as those whose cases proceeded in regular court. For a system design specifically to avoid this, it was deeply troubling. In fact, it wasn’t just defense attorneys who were concerned. Mental health advocates and even prosecutors agreed something had to be done about mental health court.

The court started out in 2003 with good intentions. The idea was to give them access to treatment in preparation for trial. But in practice, what happened was many were too ill to face the criminal justice system. And while Broward prosecutors had the authority to drop the charges at any point, very few actually did. That meant people were spending years locked up for crimes they had not even been convicted of. Continue reading

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