Articles Tagged with Broward defense attorney

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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Fort Lauderdale is a premier vacation destination, attracting millions of visitors each year with its pristine beaches, vibrant nightlife, and year-round sunshine. Unfortunately, the combination of vacation relaxation, unfamiliar surroundings, and Florida’s party atmosphere can sometimes lead to poor decisions—including getting behind the wheel after drinking. If you’re a tourist who finds yourself facing DUI charges in Fort Lauderdale, you’re likely feeling overwhelmed and uncertain about what comes next.Fort Lauderdale DUI arrest

Being arrested for drunk driving while on vacation creates a complex legal situation that differs significantly from handling a DUI in your home state. Understanding how Florida’s criminal justice system handles out-of-state defendants is crucial for protecting your rights and minimizing the long-term consequences of your arrest.

The Reality of Tourist DUI Arrests in Fort Lauderdale

If you’re a licensed professional in Florida and have been charged with driving under the influence (DUI), the potential consequences extend far beyond fines, license suspension, or jail time. One of the most significant impacts you may face is the threat to your professional license, which can directly affect your livelihood. Whether you’re a healthcare provider, lawyer, teacher, or hold another type of professional certification, a Broward DUI conviction can trigger disciplinary actions by your licensing board.Broward DUI defense lawyer professional license impact

As a Fort Lauderdale criminal defense attorney experienced in handling DUI cases, I understand how vital your professional license is to your career and future. Here, we’ll explore how a DUI charge or conviction can impact your professional standing in Florida and the strategies that can be employed to minimize these adverse effects.

How Does a DUI Impact Professional Licenses?

In Florida, many professions are regulated by licensing boards, which set strict ethical and legal standards for their members. When a licensed professional is charged with or convicted of a DUI, it’s common for these boards to conduct their own investigation to determine if the offense constitutes a violation of their regulations. The severity of the impact depends on several factors:

  1. Type of Profession. Different licensing boards have varying levels of scrutiny when it comes to DUI charges. For example, healthcare professionals, including doctors and nurses, are often held to particularly high standards, and a DUI may be seen as a risk to patient safety. Lawyers, educators, real estate agents, and financial professionals may also face disciplinary action after a DUI.
  2. Type of DUI Charge. A first-time misdemeanor DUI may lead to lesser consequences compared to a felony DUI. A felony DUI is typically charged when the offense involves repeat offenses, injury, or death, and carries more severe penalties, both in criminal court and with licensing boards.
  3. Aggravating Factors. Certain circumstances can increase the severity of the DUI charge and the likelihood of professional consequences. For instance, a DUI with a high blood alcohol content (BAC), a minor in the vehicle, or an accident resulting in injury can have a more substantial impact on your professional license.
  4. License Renewal and Disclosure. Most professional boards require licensees to disclose any criminal convictions, including DUIs, when renewing their license. Failing to report a conviction can result in even more severe penalties than the DUI itself, including license revocation.

Potential Consequences from Licensing Boards

If you’re convicted of a DUI in Broward County, you could face several types of disciplinary action from your professional licensing board, including: Continue reading

The Broward County Sheriff’s Office has come under scrutiny after it was revealed a man arrested on charges of sexually assaulting a juvenile last year was charged earlier this month with armed kidnapping and sexual battery of another person in 2003. That case had remained cold for 15 years.criminal defense attorney

At the time, the woman reported to police she was walking on South State Road 7 one night in late December when an unknown man approached with a gun and threatened to shoot her if she struggled or made a scene. She then said the man forced her to a nearby car dealership and sexually assaulted her repeatedly inside a vehicle. The woman survived the attack, reported it to police and a rape kit was performed and submitted to the crime laboratory at the Broward County Sheriff’s Office. But nothing happened. Defendant has a lengthy criminal record and documents from the Hollywood Police Department show their agency received a crime lab report from Broward in 2006 indicating a routine search of their national DNA database had returned a possible lead in the 2003 case with this particular defendant. It’s unclear why neither agency followed up.

A 2014 audit of practices at the Hollywood Police Department, according to NBC Miami, revealed the agency had dozens of sexual assault evidence kits stowed away in a locked evidence room, rather than submitted to a crime laboratory. Once the audit was finished, two arrests were made in the two dozen cases that were reviewed. The chief reported at the time that he was establishing a special unit solely to handle rape kit analysis.  Continue reading

Marijuana use is gaining acceptance in a growing number of states across the country, and it’s even approved in Florida for limited medicinal uses. Many municipalities have decriminalized personal possession, but that doesn’t mean people can use it with impunity – particularly on the roads.marijuana DUI defense

In fact, nothing about F.S. 316.193, Florida’s driving under the influence statute, has been altered to allow drivers operating vehicles under the influence of marijuana to do so with any greater freedom. But the increased popularity has led the Florida Department of Highway Safety and Motor Vehicles to allocate $5 million to a public service campaign to warn people of the consequences for driving while high. The “Drive Baked, Get Busted” initiative is an attempt to discourage people from driving after they have smoked or otherwise consumed marijuana. The campaign has already started cropping up on billboards and on local television and radio broadcasts statewide.

The state is specifically targeting motorists 18 to 34, as well as those 55 to 74. Additionally, authorities plan to start collecting data on positive drug test results gleaned in traffic crash investigations, with the goal of helping policymakers ascertain how frequently drug use plays a part in crashes and other traffic offenses. These tests are likely to be similar to what are used in roadside tests used to ascertain sobriety, except they would likely use urine as opposed to breath. But as our criminal defense attorneys know well, the challenge here – and with prosecutions of drivers accused of DUI marijuana – is how to ascertain if someone is actually under the influence, or merely consumed marijuana at some point recently. Continue reading

After 3.5 hours of deliberations, a Broward County jury acquitted a Pembroke Pines man of molesting his two stepdaughters three years ago, as they had accused. The 52-year-old was facing a possible sentence of life in prison if convicted on the charges, which included four counts of capital sexual battery, eight counts of lewd and lascivious molestation and a single count of lewd and lascivious conduct. courtroom

In closing arguments, prosecutors asserted there was no possible way defendant could innocently explain the conduct the two girls described. The accusers, now ages 11 and 14, alleged defendant touched them inappropriately, bathed with them and one claimed he shaved her. Prosecutors claimed there was no justification for any of this.

As our Broward defense attorneys know, one would have a difficult time justifying such actions – if such actions were proven. However, the facts of this case persuaded jurors to find there was a lack of proof these incidents actually happened in the first place. Perhaps a significant part of that was the fact that the allegations didn’t surface until the divorce proceedings filed by their mother were nearing an end. The pair reportedly had a brief marriage which was also tumultuous. The girls say they didn’t come forward initially because they did not understand that the contact he was initiating was unusual. Defense attorneys, meanwhile, assert the story was dreamed up by the girls’ mother as a way to escape from the marriage without jeopardizing her immigration status.  Continue reading

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