Fort Lauderdale Criminal Attorney Blog

April 20, 2025

How to Get Criminal Charges Dropped in Fort Lauderdale, Florida

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

Being arrested in Fort Lauderdale can be an overwhelming experience. However, having a basic understanding of the legal process and knowing your options may help you achieve a favorable outcome. Here, our Fort Broward defense lawyers explain how criminal charges can potentially be dropped in Broward County and why early legal representation is crucial.

Understanding Who Files Criminal Charges in Florida

A common misunderstanding is that police officers file criminal charges. In reality, the Office of the State Attorney makes the final decision on whether to file formal charges against a suspect. In Broward County (where Fort Lauderdale is located), the State Attorney’s Office reviews evidence gathered by law enforcement before determining whether to pursue a case.

Under Florida Statute §27.02, state attorneys are vested with the authority to “appear in the circuit and county courts within his or her judicial circuit and prosecute or defend on behalf of the state all suits, applications, or motions, civil or criminal, in which the state is a party.”

The Advantage of Early Legal Representation

Hiring a criminal defense attorney immediately after arrest—or even during the investigation phase before charges are formally filed—can be strategically advantageous for several reasons:

Pre-filing intervention: A skilled criminal defense attorney can contact the State Attorney’s Office during their review process to present exculpatory evidence or highlight weaknesses in the state’s case before formal charges are filed.
Evidence preservation: Your defense attorney can work quickly to secure surveillance footage, witness statements, and other time-sensitive evidence that might support your defense.
Protection of rights: A criminal defense lawyer ensures that your constitutional rights are protected throughout the investigation and prevents you from making statements that could harm your case.
Strategic planning: Early involvement allows your attorney to develop a comprehensive defense strategy tailored to your specific situation.

Circumstances That May Lead to Dropped Charges

Several scenarios exist where charges might be dropped in Fort Lauderdale:

1. Insufficient Evidence

If the prosecutor determines there is not enough evidence to prove guilt beyond a reasonable doubt, they may drop the charges. Your Fort Lauderdale defense attorney can expose weaknesses in the prosecution’s case through investigation and legal analysis.

2. Procedural or Constitutional Violations

Violations of your constitutional rights can lead to charges being dismissed. Examples include:

Unlawful search and seizure in violation of the Fourth Amendment.
Failure to read Miranda rights prior to custodial interrogation.
Chain of custody issues with evidence.

Under Florida Rule of Criminal Procedure 3.190, your attorney can file motions to suppress evidence obtained through improper means.

3. Completion of Pretrial Intervention Programs

Florida Statute §948.08 establishes Pretrial Intervention Programs (PTI) that allow certain first-time, non-violent offenders to have charges dropped upon successful completion of court-ordered requirements. Similarly, Broward County offers specialized diversion programs for substance abuse and mental health issues.

4. Witness or Victim Cooperation Issues

If key witnesses become unavailable or uncooperative, or if a victim no longer wishes to pursue charges, the prosecution may determine that they cannot successfully prosecute the case.

5. Affirmative Defenses

Self-defense claims under Florida’s Stand Your Ground law (Florida Statute §776.013) or other affirmative defenses may convince prosecutors to drop charges prior to trial.

Alternative Favorable Outcomes

April 9, 2025

DUI Checkpoints in Broward County: Know Your Rights

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

DUI checkpoints are a regular occurrence throughout Broward County, especially during holidays and major events. As a Fort Lauderdale DUI lawyer can explain, these strategically placed roadblocks allow law enforcement to briefly stop and evaluate drivers for signs of impairment. While these checkpoints serve a legitimate public safety purpose, many drivers don’t understand how these differ from regular traffic stops or what rights they maintain when encountering one.

How DUI Checkpoints Differ from Standard Traffic Stops

In a typical Broward County DUI arrest scenario, an officer must have “reasonable suspicion” to pull you over. This might include observing erratic driving, speeding, or equipment violations. Once stopped, the officer can investigate further if they develop probable cause to believe you’re impaired.

DUI checkpoints operate differently. At checkpoints, law enforcement can stop every vehicle (or every nth vehicle according to a predetermined formula) without specific suspicion of wrongdoing. This presents a significant constitutional exception to the Fourth Amendment’s protection against unreasonable searches and seizures.

Legal Foundation for DUI Checkpoints

The Florida Supreme Court established the legality of sobriety checkpoints in the 1986 decision in State v. Jones, determining that properly conducted checkpoints do not violate Florida’s Constitution. The U.S. Supreme Court similarly upheld their constitutionality in the 1990 ruling in Michigan Department of State Police v. Sitz, finding that the state’s interest in preventing drunk driving outweighed the minimal intrusion on individual rights.

However, for a checkpoint to be legal in Florida, it must adhere to strict guidelines:

The checkpoint must be authorized by supervisory personnel following a written operational plan.
Officers cannot have unfettered discretion in stopping vehicles.
The checkpoint must be clearly identified as a sobriety checkpoint.
Motorists must receive adequate advance notice.
The location must be reasonable.
The detention time must be minimal.
The roadblock must be conducted safely.

Checkpoints that fail to meet these requirements may be deemed unconstitutional, potentially invalidating any resulting arrests. An experienced criminal defense lawyer can analyze the facts of your case to help make that determination.

Your Rights at a Broward County DUI Checkpoint

When approaching a checkpoint in Fort Lauderdale or elsewhere in Broward County, you should be aware of your rights:

You must stop at the checkpoint. Attempting to avoid a checkpoint by making an illegal U-turn or other evasive action can provide officers with reasonable suspicion to stop you separately.
You must provide license and registration. Florida Statute §322.15 requires drivers to present their license, registration, and proof of insurance when requested by law enforcement.
You can remain silent. Beyond providing identifying documents, you have the right to decline answering questions about where you’re coming from, where you’re going, or whether you’ve been drinking. Simply inform the officer politely that you’re exercising your right to remain silent.
You can decline field sobriety tests. These tests are voluntary, and you can refuse them without penalty. However, be aware that refusal may lead officers to develop probable cause for arrest based on other factors like odor of alcohol, slurred speech, or bloodshot eyes.
Chemical tests are different. Under Florida’s “implied consent” law (F.S. §316.1932), refusing a breath, blood, or urine test after arrest can result in an automatic one-year license suspension (18 months for a second refusal). This refusal can also be used against you in court.

The Checkpoint Process in Broward County

Broward County law enforcement agencies, including the Fort Lauderdale Police Department and Broward Sheriff’s Office, typically conduct checkpoints at high-traffic locations during evening hours. Officers may:

Request your license and registration.
Engage you in brief conversation to observe signs of impairment.
Look for visible open containers or drug paraphernalia.
Request field sobriety tests if they suspect impairment.
Conduct breath tests if probable cause is established.

How a Local Fort Lauderdale Attorney Can Help

If you’re arrested at a DUI checkpoint in Broward County, securing representation from a local criminal defense attorney offers significant advantages: Continue reading

April 8, 2025

Can You Be Extradited Back to Florida After Fort Lauderdale Arrest?

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

Many people mistakenly believe that crossing state lines or international borders will shield them from pending criminal charges in Florida. This misconception can lead to serious consequences, including forcible return to Florida to face prosecution. At the Ansara Law Firm, our Fort Lauderdale criminal defense lawyers can assist clients facing extradition issues. If you live out-of-state or outside of the U.S. and are facing pending criminal charges in South Florida, professional legal representation is imperative.

Understanding Extradition in Florida

Extradition is the formal process by which a fugitive found in one jurisdiction is surrendered to another jurisdiction where they are accused of a crime. Florida’s extradition laws are governed by the Uniform Criminal Extradition Act (UCEA), which has been adopted into Florida Statutes under Chapter 941.

As a Fort Lauderdale criminal defense lawyer can explain, when you flee Florida to avoid prosecution, you’re not escaping the legal system – you’re merely delaying the inevitable while potentially adding additional charges.

State-to-State Extradition

The legal foundation for interstate extradition comes from the U.S. Constitution’s Article IV, Section 2, which states: “A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.”

Florida Statute § 941.03 outlines the governor’s duty to arrest and deliver fugitives to requesting states. The process typically follows these steps:

Florida prosecutors request a warrant for your arrest
The Florida governor’s office issues an extradition warrant
The governor of the state where you’re located honors the warrant
Local law enforcement arrests you
You remain in custody until transported back to Florida

In the landmark case Michigan v. Doran (1978), the U.S. Supreme Court affirmed that once a governor has granted extradition, courts in the asylum state have limited authority to block the extradition.

International Extradition

International extradition is more complex and governed by treaties between the United States and foreign countries. The U.S. has extradition treaties with more than 100 nations, though these agreements vary significantly in terms of covered offenses and procedures.

The process typically involves:

Florida authorities contacting federal officials
The U.S. Department of State submitting a formal extradition request
The foreign country processing the request according to their laws and the applicable treaty

Notable cases like United States v. Alvarez-Machain (1992) demonstrate the lengths to which U.S. authorities will go to return fugitives to face justice.

Misdemeanors vs. Felonies: Practical Realities

While Florida law technically allows extradition for any criminal offense, including misdemeanors, practical considerations come into play. Florida courts have held that prosecutors have discretion in determining which cases merit the resources required for extradition proceedings. Continue reading

March 20, 2025

Fort Lauderdale Airport Gun Arrest: Understanding Florida’s Laws and Legal Consequences

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

Despite Florida’s generally gun-friendly laws, including the recent constitutional carry legislation, airports remain strictly-regulated environments when it comes to firearm possession.

The Fort Lauderdale-Hollywood International Airport offers service to more than 35 million passengers to 135+ destinations annually. There are more than 700 daily flights to and from the airport every single day. According to the Transportation Security Administration (TSA), officers discovered a total of 817 firearms in travelers’ carry-on luggage last year (slightly down from the 834 discovered the year before). Just at FLL, there were 113 unlawfully-carried firearms discovered in 2024 and 135 in 2023.

Here, Broward criminal defense lawyers delve into the legal implications of unlawfully carrying guns at airports in Florida, relevant state and federal statutes, and the importance of hiring an experienced criminal defense attorney if you find yourself facing charges.

Gun Regulations at Florida Airports

Florida’s gun laws have become increasingly permissive in recent years. As of July 1, 2023, Florida enacted constitutional carry, allowing eligible individuals to carry concealed firearms without obtaining a permit.

However, this right does not override federal restrictions or TSA regulations regarding firearms in airports. It is possible to travel lawfully with firearms, if they’re unloaded, packed in a locked, hard-sided case and placed in a checked baggage. Most problems occur when people try to travel with guns in their carryon luggage.

Under Florida Statute 790.06, there are strict prohibitions on where firearms can be carried, including inside the secure areas of an airport. If you are found in possession of a firearm beyond the security checkpoint, you could face serious charges, including possible felony prosecution under Florida Statute 790.12, which could result in up to five years in prison. Beyond that, federal statute, 49 U.S.C. § 46314, prohibits bringing a weapon, explosive, or incendiary device in a secure area of the airport or onto an aircraft. Violations can result in imprisonment for up to 10 years and fines of up to $14,950. The severity of the charge and subsequent penalty often depends on the intent, how the weapon was carried, and whether there was accessible ammunition. This is one reason why hiring an experienced criminal defense lawyer is so important.

The Legal Process: From Detention to Court Case

March 17, 2025

St. Patrick’s Day DUIs in Fort Lauderdale: What You Need to Know

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

Every March 17th, Fort Lauderdale comes alive with shades of green, Irish tunes and the clink of celebratory drinks. St. Patricks’ Day is a time for fun and festivities here in South Florida, complete with parades and parties. However, St. Patrick’s Day also typically sees a sharp rise in drunk driving arrests. If you or someone you love is now facing a DUI charge after a St. Patrick’s Day celebration, it’s unwise to count on a stroke of good luck to protect your future.

At The Ansara Law Firm, our Fort Lauderdale criminal defense attorneys believe your future is worth protecting, and we won’t let you face the criminal justice system alone. We’ve seen firsthand how a single DUI arrest can impact a person’s life. But we’ve also helped many individuals navigate Florida’s legal system, preserve their rights, and move forward with strength and dignity.

The Reality of St. Patrick’s Day DUIs in Fort Lauderdale

According to the National Highway Traffic Safety Administration (NHTSA), St. Patrick’s Day consistently ranks among the top holidays for alcohol-related crashes. Nationally, there were 290 people killed in alcohol-impaired crashes during the St. Patrick’s Day holiday – from 6 p.m. March 16th to 6 a.m. March 18th – between 2018 and 2022. Drivers who are young (21 to 34), male, and driving at night were overrepresented in the crash statistics.

Florida is no exception to this troubling trend. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports March consistently sees a spike in DUI arrests and alcohol-related crashes, especially mid-month during St. Patrick’s Day celebrations. (Spring break festivities undoubtedly play a role as well.)

Law enforcement agencies across the state, including those in Fort Lauderdale and throughout Broward County, ramp up DUI checkpoints and saturation patrols around this time of year specifically for that reason. So even if you aren’t involved in a crash, you’re more likely to get arrested for a DUI around this time simply because police are specifically on the lookout for impaired drivers.

Florida DUI Laws and Penalties

If you’re arrested for DUI in Fort Lauderdale, it’s essential to understand the legal definitions and potential penalties. Under Florida Statute F.S. 316.193, a driver can be charged with a DUI if they:

Have a blood-alcohol concentration (BAC) of 0.08% or higher, or
Are under the influence of alcohol or drugs to the extent that their normal faculties are impaired.

That last bit is somewhat subjective. As a DUI defense lawyer can explain, law enforcement officers will use their own personal observations, as well as information gleaned from field sobriety tests, in determining whether one’s “normal faculties are impaired.” Unlike breathalyzer tests, field sobriety tests (such as the walk-and-turn and the horizontal gas nystagmus test) are not mandatory and you can decline to submit to them.

For a first-time DUI in Fort Lauderdale, penalties include:
Up to 6 months in jail (or up to 9 months if your BAC is 0.015% or higher OR if a minor child was in the vehicle at the time of your arrest)
Fines between $500 and $1000 (or up to $2,000 if your BAC is 0.15% or higher)
License suspension for 6 months to 1 year
Probation for up to 1 year
50 hours of community service
Vehicle impoundment for 10 days

Beyond the clear legal consequences, a DUI conviction can have other lasting repercussions on your life. These include: Continue reading

March 10, 2025

Common Misconceptions About Fort Lauderdale Domestic Violence Cases

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

Domestic violence charges in Fort Lauderdale can have life-altering consequences — but many of our clients walk through the doors burdened with myths and misunderstandings of how these cases work under Florida law. Separating fact from fiction is essential when navigating the criminal justice system.

Hiring an experienced criminal defense lawyer is crucial to protecting your future, but it’s also important to become informed about some of the most common misconceptions about domestic violence cases.

Misconception #1: Domestic Violence Charges Can Be Dropped by the Alleged Victim

One of the most widespread misunderstandings in domestic violence cases is that the alleged victim can simply “drop the charges.” In Florida, the reality is that once an arrest is made for domestic violence, the case becomes the responsibility of the State Attorney’s Office, not the alleged victim. Even if the accuser wants the case dismissed, the prosecutor can – and often does – pursue charges regardless.

Under Florida Statute 741.28, domestic violence includes assault, battery, sexual assault, stalking, kidnapping, or any criminal offense resulting in physical injury or death to a family or household member. Once law enforcement determines there is probable cause, an arrest is typically mandatory. The state may use evidence such as 911 recordings, witness statements, medical reports, or photographs, even if the accuser is unwilling to testify.

Misconception #2: A First-Time Offense Isn’t a Big Deal

Many people underestimate the seriousness of a first-time domestic violence charge. Florida law imposes strict penalties even for first-time offenders. A misdemeanor domestic battery conviction under Florida Statute 784.03 can carry up to one year in jail, a year of probation, mandatory completion of a 26-week Batterer’s Intervention Program (BIP), and fines.

More importantly, a domestic violence conviction cannot be sealed or expunged—even if it is your first offense. A permanent criminal record can affect employment, housing, custody rights, and immigration status. In some cases, a no-contact order will be issued, forcing you to leave your home or stay away from your children.

Misconception #3: If There Was No Injury, It’s Not Domestic Violence

Another misconception is that physical injury must occur for a charge to qualify as domestic violence. In reality, even minimal contact—or the threat of it—can result in charges. Florida law intentionally defines domestic violence broadly. For example, pushing, grabbing, or throwing an object (even if it misses) may constitute battery or assault.

In State v. Hearns, the Florida Supreme Court in 2007 reaffirmed that acts of violence do not need to result in physical harm to be prosecutable under domestic violence statutes. What matters is the intent and context of the act—not the severity of the injury.

Misconception #4: A Conviction Is Guaranteed if the Police Made an Arrest

February 20, 2025

Why You Shouldn’t Just Plead Guilty to Fort Lauderdale Domestic Violence Charges

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

Domestic violence charges in Florida carry serious, long-term consequences that extend far beyond a fine or a few days in jail. Many individuals facing these charges may feel overwhelmed, ashamed, or eager to resolve the case quickly, leading them to consider pleading guilty without fully understanding the ramifications. However, doing so can have devastating effects on your future, including restrictions on your personal freedoms, loss of gun rights, employment difficulties, and even deportation for non-citizens. Before making any decisions, it is critical to consult with a skilled Fort Lauderdale criminal defense lawyer who can analyze your case, challenge the evidence, and explore alternatives to conviction.

The Consequences of Pleading Guilty to Domestic Violence in Florida

1. Mandatory Minimum Penalties Under Florida Law

Under Florida Statute 741.283, anyone convicted of domestic battery is subject to mandatory minimum sentencing:

First offense: A minimum of 10 days in jail.
Second offense: A minimum of 15 days in jail.
Third offense or more: A minimum of 20 days in jail.

These penalties increase if a minor was present during the alleged incident.

Beyond jail time, you may also face:

One year of probation with strict conditions.
Completion of a 26- to 29-week Batterer’s Intervention Program (BIP) at your own expense.
Community service hours (often 12 to 29 hours).
Loss of gun rights due to federal restrictions on domestic violence offenders.

2. A Permanent Criminal Record That Cannot Be Expunged

One of the most severe consequences of pleading guilty is that a domestic violence conviction cannot be sealed or expunged in Florida. Under Florida Statute 943.0584, domestic violence-related convictions remain on your record permanently. This can severely impact:

Employment opportunities, especially in professions requiring background checks.
Housing applications, as landlords may deny applicants with a violent criminal record.
Child custody disputes, where a conviction may be used against you.

3. Loss of Firearm Rights

A conviction for domestic violence automatically triggers a federal firearms ban under 18 U.S.C. § 922(g)(9). This means you will permanently lose your right to own, purchase, or carry a firearm, even for self-defense or professional use. For many individuals, including military personnel and law enforcement officers, this can mean the end of their careers.

4. Immigration Consequences for Non-Citizens

If you are not a U.S. citizen, pleading guilty to domestic violence can have severe immigration consequences. Under 8 U.S.C. § 1227(a)(2)(E), domestic violence is considered a deportable offense. Even a misdemeanor conviction can result in:

Deportation
Denial of a green card
Ineligibility for U.S. citizenship

In many cases, immigration authorities may initiate removal proceedings immediately after a guilty plea.

How a Fort Lauderdale Criminal Defense Lawyer Can Help

February 13, 2025

DUI With a Minor in the Car: Why Fort Lauderdale Prosecutors Take These Cases So Seriously

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

Driving under the influence (DUI) is already a serious offense in Fort Lauderdale. But when a minor is in the vehicle, the consequences become far more severe. Prosecutors in Fort Lauderdale and across Florida aggressively pursue these cases, often seeking enhanced penalties and additional charges beyond a standard DUI. The presence of a minor in the car suggests an increased risk to public safety, making the offense more likely to be prosecuted to the fullest extent of the law.

For those facing DUI with a minor in the car, it is crucial to understand how Florida law handles these cases, what additional penalties you could face, and how a skilled Fort Lauderdale DUI criminal defense lawyer can help protect your rights.

Florida Laws on DUI With a Minor in the Car

Florida’s DUI Statute – F.S. 316.193

Under Florida Statute 316.193, a person commits DUI if they:

Operate or are in actual physical control of a vehicle while under the influence of alcohol or drugs to the extent that their normal faculties are impaired, OR
Have a blood alcohol concentration (BAC) of 0.08% or higher.

For a first-time DUI offense, penalties typically include fines, probation, community service, a license suspension, and potentially jail time. However, when a minor (anyone under 18) is in the vehicle at the time of the arrest, enhanced penalties apply.

Enhanced Penalties for DUI With a Minor in the Car

Florida law specifically enhances DUI penalties under F.S. 316.193(4) when a child is present in the vehicle. If convicted:

The fine is doubled:
- First offense: Minimum $1,000 fine (instead of $500).
- Second offense: Minimum $2,000 fine (instead of $1,000).
- Third offense (within 10 years): Felony DUI, carrying up to five years in prison.
Increased jail time:
- A mandatory sentence of up to 9 months for a first offense (instead of 6 months).
- A second offense carries up to 12 months in jail.
Mandatory ignition interlock device (IID) for at least 6 months.
Additional probation and community service requirements.

In severe cases—such as when the DUI results in an accident, injury, or reckless driving—prosecutors may pursue felony charges under Florida’s aggravated DUI laws.

Does Having Multiple Minors in the Car Make a Difference?

Yes. If multiple minors are in the vehicle, the prosecution may argue that each child is a separate victim, potentially leading to multiple counts of DUI child endangerment. Additionally, the totality of circumstances—such as the children’s ages, road conditions, and the driver’s BAC level—can influence sentencing. In some cases, having multiple minors in the car can elevate the offense to a felony rather than a misdemeanor.

Additional Non-Criminal Consequences

A conviction for DUI with a minor in the car can have life-changing consequences beyond criminal penalties. These include:

Child Custody and Family Law Implications

If you are involved in a child custody dispute, a DUI with a minor in the vehicle can be used against you in family court.

Under Florida law, judges make custody decisions based on the best interests of the child (F.S. 61.13). A DUI conviction involving a minor can be viewed as child endangerment, potentially leading to:

Loss of custody or visitation rights
Supervised visitation orders
Parental fitness evaluations

In severe cases, the Florida Department of Children and Families (DCF) may even initiate an investigation, which could result in temporary or permanent loss of parental rights.

Professional and Employment Consequences

Many employers conduct background checks, and a DUI conviction—especially one involving child endangerment—can result in job loss, particularly for individuals in:

Education and childcare
Healthcare
Commercial driving
Law enforcement or government positions

Additionally, professional licensing boards may revoke or suspend a person’s ability to practice in certain fields, such as medicine, law, and aviation.

Auto Insurance Rate Increases

A DUI conviction will result in a dramatic increase in auto insurance premiums, often by hundreds or even thousands of dollars per year. Some insurance providers may cancel your policy altogether after a conviction involving DUI with a minor in the car.

Potential Defenses to DUI With a Minor in the Car

February 5, 2025

TSA Gun Rules vs. Florida Concealed Carry — What Fort Lauderdale Travelers Need to Know

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

Florida is a state that takes Second Amendment rights seriously. Florida has one of the highest numbers of legally armed citizens in the country, and the state’s laws are generally favorable to gun owners. However, when it comes to air travel, TSA regulations take precedence. Violating them—even unintentionally—can result in severe consequences.

If you’re arrested for carrying a concealed firearm into an airport in South Florida, it is critical that you contact a criminal defense lawyer immediately. It’s generally a good idea to decline even speaking to authorities until you’ve had a chance to talk to a lawyer first — even if the error was wholly unintentional.

Each year, millions of tourists pass through Florida’s international airports, including Fort Lauderdale-Hollywood International Airport (FLL), Miami International Airport (MIA), and Orlando International Airport (MCO). Florida’s thriving tourism industry means a high volume of travelers, many of whom legally carry firearms. Unfortunately, some gun owners unknowingly violate TSA regulations, leading to criminal charges that can have both state and federal consequences. If you find yourself in this situation, it’s crucial to understand the differences between Florida’s gun laws and TSA’s firearm rules, as well as why hiring a Fort Lauderdale criminal defense lawyer can make a significant difference in your case.

Understanding Florida’s Concealed Carry Laws

Florida has historically been a pro-gun state, allowing law-abiding citizens to carry concealed firearms with the proper permit. As of July 1, 2023, Florida enacted constitutional carry (also known as permitless carry), which means that any eligible person who meets the legal requirements can carry a concealed firearm without obtaining a permit. However, this right does not override federal restrictions or TSA regulations regarding firearms in airports.

Under Florida Statute 790.06, individuals who choose to obtain a concealed weapons permit still benefit from reciprocity agreements with other states. However, there are strict prohibitions on where firearms can be carried, including inside the secure areas of an airport. If you are found in possession of a firearm beyond the security checkpoint, Florida law (F.S. 790.12) allows for serious charges, including possible felony prosecution.

TSA Regulations on Firearms and Air Travel

The Transportation Security Administration (TSA) has strict rules on how travelers can transport firearms. Unlike Florida’s pro-gun stance, TSA’s regulations are federal mandates that all passengers must follow, regardless of state laws.

Key TSA rules include:

Firearms cannot be carried in carry-on luggage. All firearms must be unloaded, locked in a hard-sided case, and checked into checked baggage.
Ammunition must be properly stored. TSA allows ammunition in checked baggage, but it must be securely packed in original packaging or a container designed specifically for carrying ammunition.
Travelers must declare their firearm at check-in. When checking baggage, travelers must inform the airline that they are transporting a firearm.

Violating TSA regulations can result in serious consequences, even if you legally own the gun and had no intent to break the law.

Consequences of Violating TSA Firearm Regulations

Bringing a firearm into a TSA checkpoint—even by accident—can lead to both civil and criminal penalties.

Civil Penalties

TSA imposes hefty civil fines for improperly transporting firearms. As of 2024, these fines can range from $3,000 to $15,000, depending on the severity of the violation. Additionally, violators may lose TSA PreCheck privileges for several years.

Criminal Charges in Florida

If you are caught carrying a firearm past a TSA checkpoint in a Florida airport, you may face misdemeanor or felony charges, depending on the circumstances:

Misdemeanor charges (typically under F.S. 790.06) can result in up to one year in jail, probation, and fines.
Felony charges may apply if there are aggravating factors, such as a prior criminal history or intent to use the firearm unlawfully. A felony conviction can result in up to five years in prison and loss of firearm rights.

Federal Consequences

In addition to Florida state charges, the federal government may prosecute firearm violations under federal law. If charged federally, individuals face potential prison time and federal fines. Federal prosecution is more likely if the individual has a criminal history, was attempting to smuggle a firearm, or had an illegally modified weapon.

Why Hiring a Local Criminal Defense Lawyer is Important

January 18, 2025

Your Criminal Record Impacts Opportunities – How a Broward Criminal Defense Lawyer Can Help

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

A criminal record can cast a long shadow over your life, impacting everything from career prospects to housing and personal relationships. Here in Southeast Florida, where competition for jobs is fierce and background checks are routine, even a minor criminal conviction can create significant barriers to employment. As an experienced Fort Lauderdale criminal defense attorney, I’ve seen firsthand how a strategic legal defense and proactive measures like expungement can mitigate the impact of a criminal record and help individuals rebuild their lives.

In this article, we’ll explore the various ways a criminal record affects employment opportunities and other aspects of life in South Florida. We’ll also delve into how a skilled criminal defense attorney can help you navigate these challenges.

The Ripple Effects of a Florida Criminal Record