If you are arrested for domestic violence in Fort Lauderdale, you may also soon be served with a domestic violence injunction. We understand that you may not want anything to do with that person anymore anyway. You’ll gladly stay away – so why bother fighting back? If you are the subject/respondent in that case, allowing an injunction to go unchallenged can have substantial consequences in your life. A few things to consider: If a domestic violence injunction request is not contested, it will probably be granted. Your movements will be restricted. You may be prohibited from being in certain ..read more

A Florida bill that would have required drivers who refuse to submit to breathalyzers to immediately install ignition interlock devices has died in the House committee. Broward defense lawyers had been greatly concerned that the proposed Florida DUI law would run afoul of 4th Amendment Due process rights. HB 39 and its companion bill, SB 260, would have required any driver arrested for DUI who refuses to submit to a lawful breath test to automatically be required to install an ignition interlock device on their vehicle. This would be done at the driver’s own expense – which can cost anywhere f ..read more

A new rule for Florida domestic violence investigations requires police responding to such calls to ask a dozen mandatory questions. New Mandatory Florida Domestic Violence Questions If police in Florida (including Broward, Palm Beach, and Miami-Dade Counties) are called to the scene of a suspected domestic violence incident, they are now required to ask the suspected victim ALL of the following questions: Has the other person ever used a weapon against you or threatened you with a weapon? Has he/she/they ever threatened to kill you or your kids? Do you believe he/she/they will try to kill yo ..read more

Push notifications – those pop-up alerts on your phone generated by apps when you aren’t using them – are now being used by federal and state police in criminal investigations. As a Fort Lauderdale criminal defense lawyer, it’s my job to stay up-to-date on the ways in which Florida criminal investigations are evolving – which they are doing constantly as technology advances. Push notification intel, metadata generated by the app companies, are one we expect will catch more than a few folks by surprise. Already, their use has raised alarm among privacy experts. Also known as “push alerts,” the ..read more

For those arrested for domestic violence in Fort Lauderdale, one of the first questions is, “How much jail time will I get?” As Broward domestic violence lawyers, it’s impossible to say for certain without examining the specifics of your case, but what we can say is this: You will probably be held in jail at least until your first appearance – even in misdemeanor domestic violence cases. Ideally, that first appearance is within 24 hours of the arrest, though it can take longer if the arrest occurred early in the weekend or right before a holiday. You will likely be granted the opportunity to ..read more

It’s estimated that 1 in every 5 students is bullied at some point in their lives. But at what point does bullying become a crime? Can a person be arrested for bullying in Florida? Short answer is: Yes, you can be arrested for bullying in Florida. However, the charge that is filed will not be for “bullying.” There are bullying and cyberbullying statutes in Florida. However, those pertain mostly to public school district standards and responses to student bullying, both on and off campus. F.S. 1006.147 sets expectations for school districts to be proactive in preventing bullying and responding ..read more

It used to be that nude pictures and sexually explicit videos were almost exclusively found in behind-the-counter magazines, specialty theaters and shops and via pay-per-view cable access. But these days, everyone has a smartphone with a camera, and one recent study found that about 40% of American men and women have sent a sexual picture to someone else at some point in their lives. The actual number is probably a lot higher – which is fine, because such exchanges between consenting adults is perfectly legal. Where we run into problems is when images are shared or threatened to be shared with ..read more

Twin bills in the Florida House and Senate threaten to undercut the due process rights of defendants facing Broward DUI charges. HB 39 and SB 260 would require drivers who refuse to take a breathalyzer to install ignition interlock devices at their own expense – regardless of whether they are ultimately found guilty of violating F.S. 316.193, Florida’s DUI statute. As a Broward DUI lawyer can explain, the proposed statute is aligned the existing implied consent law, F.S. 316.1932. Essentially, this law establishes that driving is a state-extended privilege, as opposed to a right. Therefore, by ..read more

A Broward domestic violence conviction can have devastating consequences for a defendant: Jail time, lengthy/expensive batterer’s intervention courses, strict probation rules, no contact orders, child custody/divorce case implications, etc. But even if you were unable to avoid the conviction, a Broward domestic violence criminal defense lawyer may still have another card to play: Mitigating factors. Also sometimes called “mitigating circumstances,” these are factors that can compel the court to impose a lower sentence – possibly even one that dips below statutory guidelines for the offense. As ..read more

You’re likely familiar with the phrase “innocent until proven guilty” or “proof beyond a reasonable doubt.” As a Broward criminal defense lawyer can further explain, these both reference the fact that the burden of proof in Florida criminal cases is on the prosecutor. As outlined in the Fifth Amendment to the U.S. Constitution, it’s a basic civil right to be presumed innocent and to require prosecutors to meet certain standards in order to prove the defendant’s guilt. But there is a way to still win your criminal case even if the prosecutor does meet the proof burden. It’s called an affirmati ..read more