Why This Case Matters
When a young adult with a prior record is arrested again, parents often fear the worst—that the system has already made up its mind. This case shows how early intervention and strategic legal advocacy can interrupt that momentum and prevent years of prison time.
Few phone calls are more frightening for a parent than the one that starts with, “Your child has been arrested again.”
That was the call our client’s parents received—a call filled with dread, guilt, and fear that this time, there would be no second chances. Their son, a young adult with a troubled history, was now facing new charges while on probation. They knew what that usually meant.
Prison.
What Happened
At the time of his arrest, our client was already on probation when he was accused of new theft-related charges in another county and multiple technichal violations of probation on his current probation. Those accusations immediately placed him at risk of:
- New substantive criminal charges, which could be prosecuted independently
- Multiple violations of probation, exposing him to punishment without a jury trial
- Mandatory Florida State Prison, based largely on his record rather than the specific facts of the new case
For repeat offenders, probation violations are often treated with little leniency. Judges have limited discretion, the burden of proof is lower than in a criminal trial, and incarceration is frequently seen as the default outcome—especially when new charges are involved.
From his parents’ perspective, it felt like the door was closing for good. One arrest threatened to undo every effort to help their son move forward, replacing hope with the very real fear that he would disappear into the prison system for years.
Recognizing how quickly the situation could spiral, our client’s parents acted without delay. They retained Fort Lauderdale criminal defense attorney Dave Simmons to intervene before the system locked into its usual course.
Our Strategic Approach
Rather than accepting prison as a foregone conclusion, Dave focused on addressing the case from the parents’ most urgent concern—keeping their son out of state prison and off the revolving door of the system.
This involved:
- Immediate intervention on the new charges. Dave engaged early with prosecutors in the county where the new allegations were pending, challenging the evidence before the case hardened.
- Successfully convincing the State not to file the new charges. By exposing weaknesses in the case and reframing the circumstances, the prosecution ultimately declined to move forward.
- Reframing the probation violations. With no new charges to support mandatory prison, Dave was able to negotiate from a position of strength.
The Result: Prison Avoided, Probation Ended, and a Path Forward
Instead of mandatory Florida State Prison, our client received:
- All new charges dismissed
- A 364-day county jail sentence
- No prison time
- Probation and community control terminated
- The opportunity to move forward without the constant fear of going back to prison
For a repeat offender, this outcome is widely considered a best-case result.
Why This Outcome Meant Everything to the Family
Parents in these situations often feel powerless. They’ve already watched their child struggle. They’ve already tried to help. And they fear that the system has decided their child is beyond saving.
This case proves that isn’t always true.
With early legal intervention, strategic negotiation, and an attorney willing to fight for a second—or even third—chance, it is sometimes possible to interrupt the cycle and create space for real change.
If Your Child Is Facing Probation Violations or Repeat Offender Sentencing in Fort Lauderdale, Take Action Now
When a young adult with a prior record is arrested again, time is not on your side. The earlier an attorney gets involved, the more options may still exist.
At the Law Offices of Dave L. Simmons, P.A., we understand that these cases affect entire families—not just defendants. With decades of experience, including prior service as both a Broward State Attorney and Public Defender, we know how to navigate even the most difficult situations in Fort Lauderdale and surrounding areas—including Lauderhill, Plantation, Coral Springs, and Pembroke Pines. Contact our office today at 954-765-3540 for a confidential consultation.
Note: Every case is unique, and past results do not guarantee future outcomes. The specific facts and circumstances of your case will determine the available defense strategies and potential outcomes.
