How strong or weak is your case?
When making an arrest, there are specific statutory and constitutional procedures that law enforcement must follow. If the police do not follow these procedures, it could lead to the dismissal of your criminal charges. Each case has its own set of facts. Attorney Adam Harmelin will look at each element of your case to determine a defense and work toward the most favorable result the facts allow.
What happens after an arrest in Broward County
Most criminal cases in Broward County follow the same path. Knowing it helps you see where a lawyer can make a difference.
- Arrest and booking. People arrested in Broward are usually booked at the Broward Sheriff’s Office Main Jail at 555 SE 1st Avenue in downtown Fort Lauderdale, a few blocks from Adam’s office. You can find a person in custody with BSO’s online arrest search or by calling the BSO information desk at (954) 831-5900.
- First appearance. Florida’s rules require that every arrested person who has not been released be brought before a judge within 24 hours. In Broward, first appearance hearings are held in the courthouse at 201 SE 6th Street, with the person appearing by video from the jail, at 8:30 a.m. and 1:00 p.m. on weekdays and 8:30 a.m. on weekends and holidays. The judge decides bond and release conditions.
- The filing decision. The Broward State Attorney’s Office reviews the arrest and decides what, if anything, to charge. If you are in custody, the State generally has 30 days to file formal charges before the court must address your release. This is the pre-file stage described below.
- Arraignment and the case in court. Once charges are filed, the case moves through arraignment, discovery, motions (such as a motion to suppress evidence) and, if it does not resolve, trial. Felonies are heard in circuit court at the courthouse in Fort Lauderdale. Misdemeanors and criminal traffic charges, including DUI, are heard by county court judges at the courthouse in Fort Lauderdale or at the regional courthouses in Hollywood, Plantation and Deerfield Beach.
The pre-file stage
All stages of criminal litigation are important. The pre-file stage, the period of about two months after your arrest, is critical. During this stage the State Attorney’s Office (the prosecutor) evaluates your case to decide whether formal charges will be filed. If you wait until the first court appearance or the arraignment to hire a lawyer, you may have lost the opportunity to obtain a “no information”. If the prosecutor in charge of filing agrees to file a no information, your case will never see the courtroom. In most cases it is important to have an experienced attorney advocating for you during the pre-file stage.
Minimum mandatory penalties
Many crimes in Florida carry minimum mandatory sentences. If you are charged with trafficking in drugs, possession of a firearm by a convicted felon, DUI manslaughter and many other crimes, you are facing a minimum mandatory penalty. In most cases this means that if you are convicted, the court has no discretion to impose anything less than the minimum mandatory prison sentence, and the sentence must be served in full without the possibility of early release. Attorney Adam Harmelin has been lead counsel on many cases involving minimum mandatory sentences, including obtaining dismissals and not guilty verdicts.
Two examples from the statutes: a person convicted of DUI manslaughter must serve at least 4 years in prison, and a person convicted of possessing a firearm as a convicted felon who actually possessed the gun faces a 3-year minimum. Drug trafficking minimums depend on the drug and the weight; see drug charges.
How serious is the charge?
Florida sorts most crimes by degree, and the degree sets the maximum sentence.
| Degree | Maximum jail or prison | Maximum fine |
|---|---|---|
| Second-degree misdemeanor | 60 days | $500 |
| First-degree misdemeanor | 1 year | $1,000 |
| Third-degree felony | 5 years | $5,000 |
| Second-degree felony | 15 years | $10,000 |
| First-degree felony | 30 years, or life where the statute says so | $10,000 |
These are maximums. What actually happens in a case depends on the facts, your record, the sentencing guidelines and the defense.
Charges Adam defends
Adam has experience with virtually every type of criminal offense a person may be accused of, in State, Federal or Juvenile Court.
Drugs and controlled substances
- Possession of drugs
- Sale or delivery of drugs
- Possession of drugs with intent to sell
- Purchase of drugs
- Manufacture of drugs
- Trafficking of drugs
- Possession of drug paraphernalia
Assault, battery and stalking
- Domestic violence
- Misdemeanor assault and battery
- Felony battery
- Aggravated assault with a deadly weapon
- Aggravated battery with a deadly weapon
- Stalking and aggravated stalking
- Sexual battery
- Child abuse and child neglect
- Battery on a law enforcement officer
- Kidnapping and false imprisonment
Property crimes
- Shoplifting and petit theft
- Grand theft
- Burglary of a dwelling or conveyance
- Armed burglary
- Robbery and armed robbery
- Dealing in stolen property and possession of stolen property
- Possession of burglary tools
- Forgery, counterfeiting and uttering a forged instrument
- Bad checks
- Trespass
Probation and community control violations
A violation of probation or community control can put you in front of the judge who sentenced you, with the original maximum sentence back on the table. Call as soon as you learn there is a violation affidavit or warrant.
Driving offenses
- Driving under the influence (DUI)
- Driving while license suspended (DWLS)
- Boating under the influence (BUI)
- Reckless driving
- Aggravated fleeing and eluding
- Possession of a fraudulent driver license
- Operating without a valid driver license or against license restrictions
Other crimes
- Resisting arrest with or without violence
- Obstruction
- Prostitution and solicitation
- Disorderly conduct and disorderly intoxication
- Money laundering
- Racketeering
- Organized scheme to defraud
Also
Call your defense lawyer any time
I always listed my cellular telephone on my business card and website. The reason is simple. Accessibility to your attorney is important! I am available to speak with my clients during business hours, nights, weekends and holidays.
Call (954) 294-9372 to speak directly with attorney Adam Harmelin. See a selection of his case results.
Frequently asked questions
Will I have to stay in jail until my case is over?
Usually not. A judge sets bond or release conditions at first appearance, within 24 hours of the arrest. Some charges, such as domestic violence, require that you stay in custody until you see the judge rather than bonding out on a set schedule. A lawyer can argue for reasonable conditions at first appearance or at a later bond hearing.
What is a “no information”?
It is a decision by the State Attorney’s Office not to file formal charges after an arrest. The case is closed without going to court. Persuading the prosecutor to file a no information is one reason to hire a lawyer during the pre-file stage, before arraignment.
Are there diversion programs in Broward County?
Yes. The Broward State Attorney’s Office lists programs that include a Misdemeanor Diversion Program for first-time offenders, Felony Pre-Trial Intervention for qualifying third-degree felonies, and others such as the Veterans Treatment Court Diversion Program. Eligibility depends on the charge and your record, and the prosecutor must agree. Completing a program generally leads to the charges being dismissed.
Can my record be sealed or expunged?
Sometimes. Florida generally allows one sealing or expunction in a lifetime. Sealing requires that you were not adjudicated guilty in that case and have never been adjudicated guilty of a crime in Florida. Expunction is generally available when charges were never filed or were dismissed. Some offenses can never be sealed or expunged, including domestic violence assault or battery. How a case ends, for example with a withhold of adjudication, can decide whether you qualify later.
Should I talk to the police to clear things up?
Talk to a lawyer first. Anything you say can be used against you, and the police are not required to tell you what evidence they already have. Politely say you want to speak with your lawyer.