Fort Lauderdale Misdemeanors Defense Lawyer

Broward Misdemeanor Defense at a Glance

Days 1–3 | Immediate Case Review
The moment you retain us, we obtain and review the arrest affidavit, body-worn camera footage, and witness statements to identify evidentiary weaknesses before the Broward State Attorney's Office makes a formal filing decision.

Days 3–21 | Pre-Filing Intervention
This is the most critical window in your case. As a former Broward Assistant State Attorney, Dave Simmons contacts the assigned intake prosecutor directly to present mitigating evidence and advocate for a No Information, charge reduction, or diversion entry — before your case ever appears on a public court docket.

First Appearance | Bond & Conditions
If you are held overnight, we appear before a Broward County magistrate within 24 hours to argue for Release on Recognizance (ROR) or a reduced bond, and to challenge any conditions imposed — including no-contact orders, travel restrictions, or alcohol monitoring requirements.

Diversion | Keeping Your Record Clean
We evaluate your eligibility for the Misdemeanor Diversion Program (MDP) or Drug Court from day one and negotiate your entry when appropriate. Successful completion results in a formal dismissal and opens the path to expungement.

Record Protection | From Day One
Sealing and expungement eligibility is not an afterthought — it shapes every decision we make from the moment you hire us. We position your case from the start to protect your permanent record.

Florida Misdemeanor Penalty Comparison

Under Florida Statutes F.S. 775.082 and 775.083, misdemeanor penalties are structured as follows:

First-Degree Misdemeanor

• Maximum Jail: Up to 1 year
• Maximum Fine: Up to $1,000
• Maximum Probation: Up to 1 year

Second-Degree Misdemeanor

• Maximum Jail: Up to 60 days
• Maximum Fine: Up to $500
• Maximum Probation: Up to 6 months

Jail Exposure and Sentencing Risk in Broward Misdemeanor Cases

Not every misdemeanor conviction results in jail time, but incarceration is legally possible.

Whether jail is imposed depends on the nature of the charge, prior record, and how the case is handled during the early stages. Many first-time offenders may qualify for diversion or negotiated resolutions that avoid incarceration.

The Broward County Arrest and Filing Process

After a misdemeanor arrest, a defendant is either released on a bond schedule or brought before a Broward County magistrate within 24 hours, particularly in DUI or domestic violence cases.

At First Appearance, the magistrate determines probable cause, sets bond, and may impose conditions such as no-contact orders, alcohol monitoring, travel restrictions, or firearm surrender.

The case is then forwarded to the Broward State Attorney’s Office for filing review. In most misdemeanor cases, prosecutors make a formal filing decision within 2 to 3 weeks of arrest.

Where Will Your Broward County Misdemeanor Case Be Heard?

In Broward County, misdemeanor cases are assigned to one of four courthouse locations based on the zip code where the arrest occurred — not where you live. Here is what to expect at each location.

Main Judicial Complex | Fort Lauderdale
201 S.E. 6th Street, Fort Lauderdale, FL 33301
Handles arrests in Fort Lauderdale, Oakland Park, Wilton Manors, Lauderdale-by-the-Sea, and Dania Beach. This is the county's primary courthouse and a large, high-security facility. Allow extra time to clear security — lines are significantly longer than at the regional satellites. Parking is available in the garage directly across the street. Bring cash or card as parking is not free.

West Regional Courthouse | Plantation
100 N. Pine Island Road, Plantation, FL 33317
Handles arrests in Plantation, Sunrise, Davie, Weston, Cooper City, and Lauderhill. Located near the Broward Mall. Free surface parking is available on-site, making access significantly easier than the downtown complex.

South Regional Courthouse | Hollywood
3550 Hollywood Blvd, Hollywood, FL 33021
Handles arrests in Hollywood, Pembroke Pines, Hallandale Beach, Miramar, and West Park. Located just west of I-95 on Hollywood Boulevard. Free parking is available on-site.

North Regional Courthouse | Deerfield Beach
1600 W. Hillsboro Blvd, Deerfield Beach, FL 33442
Handles arrests in Deerfield Beach, Pompano Beach, Coral Springs, Margate, Coconut Creek, Parkland, and Lighthouse Point. Free parking is available on-site with generally shorter security lines than the downtown complex.

Important: If your misdemeanor charge is upgraded to a felony — for example, a third theft offense or a DUI with serious bodily injury — your case will be transferred to the Main Judicial Complex in Fort Lauderdale regardless of where the arrest occurred.

Dismissal, Reduction, and Diversion Opportunities

Before filing formal charges, prosecutors evaluate whether there is a reasonable likelihood of conviction based on admissible evidence. If that threshold is not met, charges may be declined or reduced.

In appropriate cases, diversion programs such as the Misdemeanor Diversion Program (MDP) or Drug Court may be available. Successful completion may result in dismissal of the charge.

The Pre-Filing Review Stage in the State Attorney’s Office

The Pre-Filing Review Stage in the State Attorney’s Office

After a misdemeanor arrest in Broward County, the case is submitted to the State Attorney’s Office for filing review. Prosecutors do not automatically file every arrest. Charging decisions are guided by whether the admissible evidence establishes a reasonable likelihood of conviction.

During this review process, the assigned assistant state attorney evaluates the arrest affidavit, body-worn camera footage, witness statements, physical evidence, and the defendant’s criminal history before determining whether to file, reduce, or decline formal charges.

The first 2 to 3 weeks after arrest are often the most strategic period in a Broward misdemeanor case.

Having previously reviewed probable cause arrest affidavits and evaluated charging decisions inside the Broward State Attorney’s Office, Dave L. Simmons understands how prosecutors determine whether a case meets the likelihood-of-conviction standard. That experience provides practical insight into weaknesses that may influence whether charges are formally filed.

In many cases, the State Attorney’s Office makes filing decisions within weeks of an arrest. Early legal intervention may influence whether charges are formally filed, reduced, or resolved through diversion or alternative sentencing options.

Call 954-765-3540 for a free and confidential case evaluation.

Sealing and Expungement Eligibility for Misdemeanor Offenses

Eligibility to seal or expunge a misdemeanor record depends on how the case is resolved. Dismissed cases or successful diversion outcomes may qualify for expungement. Cases resolved with a withhold of adjudication may qualify for sealing unless legally ineligible.

If a defendant is adjudicated guilty, the case cannot be sealed or expunged under Florida law. Because Florida generally allows only one sealing or expungement in a lifetime, eligibility should be carefully evaluated.

Critical Mistakes After a Broward County Misdemeanor Arrest

1. Speaking to Law Enforcement Without Counsel
   Even well-intentioned explanations can create inconsistencies that later become evidence during filing review or trial. Once a statement is recorded, it becomes part of the prosecution’s case.
2. Violating Bond or No-Contact Orders
   In domestic violence cases, Broward magistrates routinely impose no-contact orders at First Appearance. Even if the alleged victim initiates contact, responding can result in additional charges or bond revocation.
3. Ignoring DUI Administrative Deadlines
   DUI arrests trigger strict deadlines to challenge an administrative driver’s license suspension. Missing those deadlines can result in automatic suspension separate from the criminal case.
4. Missing a Court Date
   Failure to appear can lead to a bench warrant and additional criminal exposure. Misdemeanor cases move quickly through the 17th Judicial Circuit, and court dates must be taken seriously.
5. Waiting Too Long to Retain Counsel
   The State Attorney typically makes filing decisions within 2 to 3 weeks of an arrest. Early representation during this pre-filing window may influence whether charges are filed, reduced, or resolved through diversion.

First-Degree Misdemeanor Charges in Broward County

First-degree misdemeanors are punishable by up to one year in jail, up to one year of probation, and up to $1,000 in fines.

• Possession of cannabis/marijuana
• DUI (first or second offense with no injuries)
• Theft or shoplifting ($100–$750)
• Battery
• Carrying a concealed weapon
• Driving with a suspended or revoked license (second or subsequent offense)
• Criminal mischief (damage over $200)
• Resisting arrest without violence
• Obstruction of justice
• Prostitution (second or subsequent offense)
• Soliciting a prostitute (first offense)
• Worthless checks under $150
• Animal cruelty
• Contributing to the delinquency or dependency of a child
• Reckless driving resulting in damage

Second-Degree Misdemeanor Charges

Second-degree misdemeanors carry a maximum jail term of 60 days, up to 6 months of probation, and up to $500 in fines.

• Theft or shoplifting (first offense under $100)
• Assault
• Prostitution
• Driving with a suspended or revoked license (first offense)
• Trespass
• Disorderly conduct
• Disorderly intoxication
• Failure to obey a police officer
• Loitering or prowling
• Leaving the scene of an accident
• Municipal ordinance violations

Why Broward Clients Choose Dave L. Simmons

• Former Broward County prosecutor and public defender
• Experience inside the 17th Judicial Circuit courtrooms
• Strategic intervention during the pre-filing review stage
• Focused on dismissal, reduction, or diversion when appropriate
• Prepared to take misdemeanor cases to trial when necessary

Misdemeanor cases in Broward County move quickly. Familiarity with local magistrates, filing practices, and courtroom procedure can materially affect how a case is positioned and resolved.