Blog topic
FAQs
40 articles on faqs from Law Offices of R. David Williams, P.A., criminal defense attorneys in Fort Lauderdale.
FAQsCan a non-resident carry a concealed weapon in Florida?Yes, as long as the non-resident is a U.S. citizen at least 21 years old and meets all the eligibility requirements of Florida’s permitless carry law. Florida also recognizes valid concealed carry permits from other states that have reciprocity agreements with Florida. Visitors to Fort Lauderdale must still follow all of Florida’s specific location restrictions. […]Read article →FAQsDo I need to take a training course to carry a concealed weapon in Florida?If you are carrying under the permitless carry law, no training is legally required. However, if you wish to take a formal Concealed Weapon or Firearm License (CWFL), you must complete a state-approved firearms safety course. A knowledgeable instructor will cover handgun basics, safety, and a guide to the legal education required to carry effectively. […]Read article →FAQsWhat happens if I am caught with a gun in a restricted zone like a school?Carrying a firearm onto school property or into a courthouse is a serious offense in Florida. Depending on the intent and the specific location, this can be charged as a felony. The 17th Judicial Circuit courts often impose strict penalties for these violations to deter unauthorized firearms in sensitive public spaces. 0/5 (0 Reviews)Read article →FAQsCan I carry a concealed weapon in my car without a permit?Yes. Under Florida's "private conveyance" law, an eligible adult can have a firearm in their vehicle. However, the weapon must be "securely encased" (in a glove box, holster with a strap, or closed box) or not readily accessible for immediate use. If you are stopped by police in Broward County, it is often wise to […]Read article →FAQsIs open carry legal in Fort Lauderdale now?Yes. Following a historic legal shift, public open carry is now permitted for law-abiding, eligible adults across Fort Lauderdale and the entire state of Florida. 0/5 (0 Reviews)Read article →FAQsHow can a defense attorney help if the evidence seems strong?A seasoned attorney will look beyond the initial evidence to find procedural errors or constitutional violations. This includes challenging how digital evidence was collected or seeking to suppress statements made without proper Miranda warnings. Furthermore, an experienced lawyer can work with the Broward State Attorney's Office to explore diversion programs or plea negotiations that may […]Read article →FAQsWhat happens if the victim of the identity theft is a minor?Florida law provides enhanced protection for minors. Fraudulently using the identity of a person under the age of 18 is typically classified as a second-degree felony, regardless of the amount of money involved. This carries a potential sentence of up to 15 years in prison. The state views these crimes severely because identity theft can […]Read article →FAQsIs it identity theft if I didn't actually spend any money?Yes. You can be charged with a crime simply for possessing the personal identification information of another person with the intent to use it fraudulently. You do not have to complete a transaction to face felony charges. In the 17th Judicial Circuit, prosecutors often use digital evidence and search history to prove "intent" even if […]Read article →FAQsCan I be charged with identity theft for using a deceased person's information?Yes. Florida Statute § 817.568(8) specifically addresses the use of a deceased person's personal identification information. This is classified as a third-degree felony. If the offense involves multiple deceased victims or high dollar amounts, the charges can be elevated to second or first-degree felonies with mandatory prison time. Protecting your rights under the law requires […]Read article →FAQsWhat is considered Aggravated Identity Theft in Florida?Under Florida law, identity theft becomes "aggravated" based on the number of victims or the financial amount involved. If the fraud involves $5,000 or more, or 10 or more victims, it carries a 3-year mandatory minimum prison sentence. Higher thresholds, such as 20 victims or $50,000 in benefit, increase mandatory minimums to 5 or 10 […]Read article →FAQsWhat are the penalties if the victim is 65 years or older?If the victim of an aggravated battery is 65 years of age or older, Florida Statute § 784.08 requires the offense to be reclassified from a second-degree felony to a first-degree felony. This increases the maximum prison sentence from 15 years to 30 years. Additionally, the law mandates a three-year mandatory minimum prison sentence and […]Read article →FAQsDoes the victim have to agree to drop the charges in Florida?In Florida, the decision to prosecute belongs to the State Attorney’s Office, not the alleged victim. Even if the alleged victim signs a waiver of prosecution or asks for the case to be dropped, prosecutors may continue if they believe there is enough evidence, such as 911 recordings, medical records, body-cam footage, or eyewitness testimony. […]Read article →FAQsWhat qualifies as a "deadly weapon" in an aggravated battery case?Under Florida law, a deadly weapon is any instrument used or threatened to be used in a way likely to produce death or great bodily harm. While firearms and knives are common examples, Fort Lauderdale courts have considered automobiles, heavy tools, and even footwear to be deadly weapons depending on how they were used during […]Read article →FAQsCan an aggravated battery charge be reduced in Broward County?Charges can be reduced through negotiations with the Broward State Attorney’s Office or through pretrial motions. A knowledgeable attorney might seek to reduce the charge to "simple battery" or "felony battery" if they can show that a deadly weapon was not used or that the injuries did not meet the "great bodily harm" threshold. This […]Read article →FAQsWhat is the difference between battery and aggravated battery in Florida?In Florida, simple battery is typically a first-degree misdemeanor involving intentional, non-consensual touching or striking. It becomes aggravated battery, a second-degree felony, if the defendant uses a deadly weapon, causes great bodily harm/permanent disfigurement, or strikes a victim they knew was pregnant. The primary difference lies in the severity of the injury or the tools […]Read article →FAQsDoes a theft conviction lead to a driver’s license suspension in Florida?Yes, under Florida law, a conviction for any theft offense can lead to a court-ordered suspension of your driving privileges. For a first offense, the suspension typically lasts six months. Subsequent convictions can lead to a one-year suspension. Because a valid license can affect work, transportation, and daily responsibilities in Fort Lauderdale, an attorney can […]Read article →FAQsWhat are the penalties for a first-time Grand Theft conviction in Fort Lauderdale?For a third-degree grand theft (property valued between $750 and $20,000), a first-time offender faces up to five years in Florida State Prison, five years of probation, and $5,000 in fines. However, the Broward County court system often allows eligible individuals to pursue Pre-Trial Diversion programs. Successful completion of these programs can lead to a […]Read article →FAQsHow is the value of stolen property determined in a Florida theft case?Florida courts generally utilize the "fair market value" of the property at the time and place the offense occurred. This represents the price a willing buyer would pay a willing seller for the item in its current condition. If market value cannot be established, the court may consider the replacement cost. A knowledgeable defense attorney […]Read article →FAQsCan a Petit Theft charge be upgraded to a felony in Broward County?Yes, a misdemeanor can be reclassified under specific circumstances in the 17th Judicial Circuit. If an individual has two or more prior theft convictions, a third petit theft arrest may be charged as a third-degree felony, punishable by up to five years in prison. Furthermore, if the theft involves a coordinated effort with others or […]Read article →FAQsWhat is the main difference between Petit Theft and Grand Theft in Florida?The primary distinction lies in the monetary value of the property taken. Under Florida Statute § 812.014, theft is classified as petit theft if the property is valued at less than $750, typically causing misdemeanor charges. Grand theft is generally a felony charge when the property value reaches $750 or more. Certain types of property, […]Read article →FAQsWhat is "Grand Theft of a Motor Vehicle"?Under Florida Statute § 812.014(2)(c)6, the theft of any motor vehicle is automatically classified as grand theft in the third degree, regardless of whether the vehicle is worth $100 or $10,000. In Broward County, this is a serious felony. If the vehicle is used to cause property damage or if the value exceeds higher thresholds […]Read article →FAQsWhat happens if I stole multiple items that add up to $750?Florida law may allow prosecutors to aggregate the value of multiple items in certain cases. For example, if you are accused of taking several items during the same incident, the combined value may be used to determine the charge. If that total reaches $750 or more, you may face a third-degree grand theft charge rather […]Read article →FAQsWhat are the long-term consequences of a grand theft conviction?Beyond jail time and fines, a grand theft conviction is treated as a crime involving dishonesty. It can affect employment, background checks, professional licensing, housing, credit applications, firearm rights, and certain civil rights. The impact depends on the conviction, sentence, and your individual circumstances. 0/5 (0 Reviews)Read article →FAQsCan a grand theft charge be reduced to a misdemeanor in Fort Lauderdale?Yes, it is often possible to work on your behalf to seek a reduction of charges. This typically occurs by challenging the prosecution’s valuation of the property to show it falls below the $750 threshold. If the value is successfully disputed or if there are significant weaknesses in the state’s evidence regarding your "intent" to […]Read article →FAQsWhat is the difference between grand theft and petit theft in Florida?Under Florida law, the primary difference is the monetary value of the stolen property. Petit theft (a misdemeanor) involves property valued under $750, while grand theft (a felony) involves property valued at $750 or more. Additionally, grand theft can be charged regardless of value if the stolen item is a firearm, motor vehicle, or fire […]Read article →FAQsHow does the value of property affect robbery vs. theft charges?In theft cases, value plays a major role; taking a $500 phone is a misdemeanor, while taking a $1,000 phone is a felony. However, in robbery cases, the value is irrelevant to the primary charge. Using force to take a $1 bill is just as much a second-degree felony as using force to take $10,000. […]Read article →FAQsIs "Robbery by Sudden Snatching" the same as regular robbery?Florida has a specific statute for this (§ 812.131). It applies when property is taken from a victim’s person (like a purse snatching), and the victim becomes aware of the taking as it happens. Unlike regular robbery, the prosecutor does not need to prove that the offender used additional force or that the victim resisted. […]Read article →FAQsWhat are the penalties for armed robbery in Fort Lauderdale?Armed robbery is one of the serious offenses in the 17th Judicial Circuit. Under Florida Statute § 812.13(2)(a), if a firearm or deadly weapon is used, it is a first-degree felony punishable by up to life in prison. Additionally, Florida’s 10-20-Life law may apply; for example, if a firearm is possessed during the crime, there […]Read article →FAQsCan a theft charge be upgraded to robbery in Florida?If a simple theft escalates into a physical struggle, it may be reclassified. Under Florida law, if force is used at any point during the "continuous series of acts" involving the taking, including during the escape or while resisting the owner’s attempts to recover the property, the state may pursue a robbery charge. This "after-the-fact" […]Read article →FAQsWhat is the difference between robbery and theft in Florida?The primary difference is the use of force. Theft (Florida Statute § 812.014) involves taking property without permission and is usually penalized based on the item's value. Robbery (Florida Statute § 812.13) involves taking property directly from a person using force, violence, or by creating fear. Because robbery threatens physical safety, it is always a […]Read article →FAQsCan I take a hardship license if this is my first DUI arrest in Fort Lauderdale?Typically, yes. If it is your first DUI-related administrative suspension, you may be eligible to waive your right to a formal review hearing in exchange for an immediate "Business Purposes Only" (hardship) license. This allows you to drive for work, school, medical appointments, and religious services. However, you must enroll in DUI School Level I […]Read article →FAQsShould I talk to the police or the State Attorney to "explain my side"?It is generally advised to remain silent. Anything you say to law enforcement or the Broward State Attorney’s Office can be used as evidence against you. Even seemingly helpful explanations can be interpreted as admissions of impairment. Instead, allow a skilled legal representative to handle all communications on your behalf to ensure your constitutional rights […]Read article →FAQsWhere will my first court appearance take place?If you were arrested within the city limits or by the Broward Sheriff’s Office, your case will likely be heard at the Broward County Main Judicial Center located in downtown Fort Lauderdale. This court is part of the 17th Judicial Circuit, and your "Notice to Appear" will specify the exact courtroom and time for your […]Read article →FAQsIs the "10-Day Rule" different if I was arrested on a weekend or holiday?No. The 10-Day Rule in Florida refers to ten consecutive calendar days. If your 10th day falls on a Saturday, Sunday, or a legal holiday, the deadline is strictly enforced and does not shift. To protect your driving privileges within the Broward County court system, you must file your request for a formal review or […]Read article →FAQsWhat happens if I refuse the breathalyzer under the 2026 "Trenton’s Law"?Under the recently enacted Trenton’s Law, refusing a lawful breath, urine, or blood test is now classified as a second-degree misdemeanor in Florida, even for a first-time offense. In addition to the automatic one-year administrative license suspension, you now face potential criminal penalties of up to 60 days in jail and a $500 fine for […]Read article →FAQsWhat are the "aggravating factors" that can increase DUI penalties in Broward County?Certain circumstances can elevate the penalties for a first-time DUI. These include having a Blood Alcohol Level (BAC) of .15 or higher, or having a minor under the age of 18 in the vehicle at the time of the stop. In these instances, Florida law mandates higher fines and the mandatory installation of an Ignition […]Read article →FAQsAre Field Sobriety Exercises (FSEs) mandatory under Florida law?Unlike the breath test (which falls under Implied Consent), you are generally not legally required to perform roadside Field Sobriety Exercises, such as the "Walk and Turn" or "One-Leg Stand." While refusing these exercises does not carry the same automatic license suspension as refusing a breath test, the officer may still use your refusal, and […]Read article →FAQsIf I am arrested in Fort Lauderdale, where will my court hearings take place?Most DUI cases originating in Fort Lauderdale are heard at the Broward County Main Judicial Center in downtown Fort Lauderdale. Your case will be overseen by the 17th Judicial Circuit Court. It is vital to have a legal team familiar with the local court’s specific procedures, as each division may have different requirements for pre-trial […]Read article →FAQsCan I be charged with a DUI in Florida if my BAC was below .08?Yes. Under Florida Statute § 316.193, the state can pursue a conviction based on the "impairment of normal faculties." If an officer testifies that you were swerving, slurring your speech, or failed Field Sobriety Exercises, you can still face DUI charges in Fort Lauderdale regardless of the specific breathalyzer reading. The .08 threshold is simply […]Read article →FAQsWhat is the "10-Day Rule," and why is it critical for my Fort Lauderdale DUI case?In Florida, you have exactly 10 days from the date of your arrest to challenge the administrative suspension of your driver’s license. If you do not request a "Formal Review Hearing" or waive it to pursue a hardship permit within this window, your license will be automatically suspended. This is an administrative process handled by […]Read article →