Fort Lauderdale Criminal Attorney Blog
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
When complete dismissal isn’t possible, a skilled South Florida defense attorney may still help you achieve other favorable outcomes:
- Reduced charges: Negotiating for less serious charges with lighter potential penalties
- Deferred prosecution: Agreements where charges are held in abeyance and potentially dismissed after completion of certain conditions
- Plea bargains: Negotiated agreements that provide certainty and often reduced penalties
- Sealing or expungement: Under Florida Statute §943.0585 and §943.059, certain resolved cases may be eligible for sealing or expungement, effectively removing them from public view
It is important to note that no ethical defense attorney can guarantee that charges will be dropped or promise specific outcomes in any criminal case. Each situation is unique, and results depend on numerous factors including the nature of the charges, evidence strength, your criminal history, and the specific prosecutor assigned to your case.
If you’re facing criminal charges in Fort Lauderdale, the most important step is securing qualified legal representation as soon as possible. While having charges dropped is never guaranteed, early intervention by an experienced criminal defense attorney significantly increases your chances of achieving the most favorable outcome possible. A knowledgeable Fort Lauderdale defense attorney understands the local courts, knows the prosecutors, and possesses the expertise to navigate Florida’s complex criminal justice system. They will work tirelessly to protect your rights and pursue every available legal avenue to challenge the charges against you.
Remember that time is of the essence in criminal defense matters. The earlier you hire a defense attorney, the more options you may have available to influence the outcome of your case.
Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward County.
Additional Resources:
Florida Rules of Criminal Procedures
More Blog Entries:
Your Criminal Record Impacts Opportunities – How a Broward Criminal Defense Lawyer Can Help, Jan. 18, 2025, Fort Lauderdale Criminal Defense Lawyer Blog
