Navigating the criminal justice system in Fort Lauderdale can feel like walking through a maze without a map. If you or a loved one has been arrested in Broward County, FL, the most critical phase of the case isn’t necessarily the arrest itself—it is the “filing decision.” This is the moment a Florida prosecutor decides exactly what crimes you will be charged with, or if the case should be dismissed entirely.
As a Broward County criminal defense lawyer, Matthew Glassman understands that the period between an arrest and the formal filing of charges is a window of opportunity. Here is a deep dive into how the state of Florida builds its case and what factors influence its decisions when filing criminal charges in Broward County, Florida.
The Role of the State Attorney in Broward County, Florida
In Florida, the police do not officially “charge” you with a crime; they “arrest” you based on probable cause. The authority to formalize those charges rests solely with the State Attorney’s Office. When you are searching for a “criminal defense attorney near me,” you need someone who understands the internal policies of the 17th Judicial Circuit.
The Information vs. The Indictment
For most felony and misdemeanor cases in Fort Lauderdale, FL, the prosecutor issues a document called an “Information.” This is a formal statement of the charges. In capital cases, such as first-degree murder, a grand jury must issue an “Indictment.”
Key Factors Prosecutors Consider
When a Broward County criminal defense attorney reviews your case, they are looking at the same variables the prosecutor uses to determine the severity of the charges:
1. Strength of the Evidence
Prosecutors are ethically bound to only file charges they believe they can prove beyond a reasonable doubt. Some of the things they look at:
- Physical Evidence: DNA, injuries, fingerprints, or recovered stolen property.
- Testimonial Evidence: Statements from victims and eyewitnesses.
- Digital Evidence: Surveillance footage, text messages, and GPS data.
2. Witness Credibility
A case is only as strong as its witnesses. If a witness has a history of dishonesty or a personal grudge against the defendant, a criminal defense lawyer can highlight these issues to the prosecutor to encourage a reduction or dismissal of charges.
3. The Florida Criminal Scoresheet
Florida uses a points-based system to determine sentencing. Prosecutors look at the defendant’s prior record and the severity of the current offense to see what the “lowest permissible sentence” would be. A high score often leads to more aggressive charging.
The Pre-File Phase: Why Timing Matters
The time between an arrest and the formal filing of charges (usually 21 to 30 days) is a critical period. During this time, a criminal defense lawyer can engage in “pre-file” negotiations. Attorney Matthew Glassman refers to this as the “Pots and Pans Method.”
By presenting the prosecutor with exculpatory evidence or mitigating circumstances right away, a Broward County criminal defense lawyer may be able to:
- Persuade the State to decline to file charges (No Action).
- Convince the State to file a misdemeanor instead of a felony.
- Secure an agreement for a Pre-Trial Intervention (PTI) program.
Common Criminal Charges in Fort Lauderdale, Florida
As a dedicated criminal defense attorney, Matthew Glassman handles a wide array of cases where the prosecutor’s discretion plays a major role:
- Drug Offenses: Prosecutors decide between “simple possession” and “possession with intent to sell” based on the quantity and packaging of the substances.
- DUI: Factors like blood alcohol levels or the presence of a minor in the vehicle change the filing strategy.
- Violent Crimes: The difference between “aggravated battery” and “simple battery” often comes down to the prosecutor’s interpretation of a “deadly weapon” or “injury severity.”
Strategies Used by a Broward County Criminal Defense Attorney
A proactive defense involves more than just waiting for a court date. A criminal defense lawyer will often perform an independent investigation to counter the prosecutor’s narrative.
Challenging Probable Cause
If the initial police stop or search violated your Fourth Amendment rights, a criminal defense attorney can file a Motion to Suppress. If the evidence is thrown out, the prosecutor often has no choice but to drop the charges.
Highlighting Mitigating Circumstances
Sometimes, the facts of the crime are clear, but the context matters. Factors like mental health struggles, lack of a prior record, or the defendant’s role as a primary provider for their family can influence a prosecutor to be more lenient.
Why Choose Broward County Criminal Defense Lawyer Matthew Glassman?
Choosing the right criminal defense lawyer is the most significant decision you will make following an arrest in Broward County, Florida. In the 17th Judicial Circuit of Florida, the legal landscape is competitive and fast-moving. You need a Broward County criminal defense lawyer who doesn’t just know the law, but knows the local courthouse culture, the prosecutors, and the procedures for your case.
Criminal Defense Lawyer Providing Personalized Strategy Over a "One Size Fits All" Approach
If the initial police stop or search violated your Fourth Amendment rights, a criminal defense attorney can file a Motion to Suppress. If the evidence is thrown out, the prosecutor often has no choice but to drop the charges.
Criminal Defense Attorney with a Reputation for Excellence
A successful Broward County criminal defense lawyer is willing to go the distance. Prosecutors are more likely to offer favorable terms when they know the opposing counsel is prepared to litigate. Matthew Glassman has built a reputation in Fort Lauderdale for being prepared, thorough, and unwavering in the face of aggressive prosecution.
Matthew Glassman has earned a 5.0-star rating on Google from previous clients, showing that his dedication to achieving the best possible outcomes is matched only by his commitment to providing compassionate, high-quality defense representation. This perfect rating reflects a history of client satisfaction rooted in clear communication, aggressive advocacy, and a deep understanding of the Broward County legal system. When you hire the Law Office of Matthew Glassman, you are partnering with a Broward County criminal defense lawyer who is held in the highest regard by the community he serves.
Defense Representation from an Experienced Broward County Criminal Defense Lawyer
While some minor infractions might seem manageable, there are specific practice areas where the stakes are so high that securing a criminal defense attorney is an absolute necessity.
Domestic Violence Allegations
In Broward County, the State Attorney’s Office can pursue domestic violence charges even if the complaining witness decides they no longer want to prosecute. This “anti-drop” policy makes it vital to have a criminal defense lawyer who can manage the complexities of “No Contact Orders” and work to protect your rights, your reputation, and your right to reside in your own home.
Drug Trafficking and Serious Felonies
Florida has some of the harshest mandatory minimum sentencing laws in the country for drug-related offenses. If you are facing drug trafficking charges, the prosecutor is often looking at multi-year prison sentences as a starting point. An experienced Broward County criminal defense attorney is required to analyze the chain of custody of the evidence and determine if your constitutional rights were violated during the investigation.
DUI and Administrative Perils
A DUI in Fort Lauderdale involves two separate battles: one in criminal court and one with the Florida Department of Highway Safety and Motor Vehicles (DHSMV). You only have 10 calendar days after a DUI arrest in Broward County, Florida, to request a formal review hearing to save your driving privileges. A criminal defense lawyer can handle both the criminal side and the administrative side to keep you on the road and out of jail.
White Collar and Economic Crimes
Florida has some of the harshest mandatory minimum sentencing laws in the country for drug-related offenses. If you are facing drug trafficking charges, the prosecutor is often looking at multi-year prison sentences as a starting point. An experienced Broward County criminal defense attorney is required to analyze the chain of custody of the evidence and determine if your constitutional rights were violated during the investigation.
Weapons and Firearms Charges
Florida is known for its “10-20-Life” statute, which can lead to incredibly harsh mandatory minimum sentences if a firearm is used, displayed or discharged during the commission of a crime. However, even simple “Possession of a Firearm by a Convicted Felon” or “Carrying a Concealed Firearm” without a permit can lead to serious prison time. A criminal defense attorney must investigate whether the police had a legal basis to stop you and whether the weapon was actually in your “constructive possession.” Because the State views weapons charges as a public safety priority, you need an aggressive Broward County criminal defense lawyer to challenge the legality of the search and seizure.
Sex Crimes Defense
Accusations of sexual battery, lewd or lascivious conduct, or possession of prohibited materials carry a stigma that can destroy a life before a trial even begins. In these cases, a criminal defense attorney must meticulously review forensic evidence and interrogation techniques. Often, these charges rely on testimonial evidence that can be challenged through depositions. Because a conviction results in permanent sex offender registration, having a Broward County criminal defense lawyer to challenge the State’s narrative early is essential.
Manslaughter and Homicide Offenses
Accusations of sexual battery, lewd or lascivious conduct, or possession of prohibited materials carry a stigma that can destroy a life before a trial even begins. In these cases, a criminal defense attorney must meticulously review forensic evidence and interrogation techniques. Often, these charges rely on testimonial evidence that can be challenged through depositions. Because a conviction results in permanent sex offender registration, having a Broward County criminal defense lawyer to challenge the State’s narrative early is essential.
Frequently Asked Questions (FAQ)
While public defenders are licensed attorneys, they often manage hundreds of cases at once. Often, they are assigned to courtrooms where they must attend daily morning and afternoon Court dockets. Because of the number of cases they handle and the constant requirement to be in Court, that often spreads them thin and leaves them with little free time to spend investigating and defending your case. A private Broward County criminal defense attorney can often provide more personalized attention, and more frequent communication.
In Florida, the victim does not have the power to drop charges; only the State Attorney can do that. However, the input of the victim is a significant factor that a criminal defense lawyer can use during negotiations.
Contact a criminal defense lawyer immediately. Engaging a criminal defense lawyer during the investigation phase is the best way to prevent charges from being filed in the first place.
While based in Fort Lauderdale, FL, Matthew Glassman serves as a criminal defense attorney for clients throughout Broward County and surrounding areas, ensuring local knowledge is applied to every case.
Contact Us Today for a Free Consultation with Our Broward County Criminal Defense Attorney
If you are facing the Florida criminal justice system, do not leave your future to chance. The decisions made by prosecutors in the early stages of your case will define your life for years to come.
Whether you are searching for a criminal defense attorney to handle a complex felony or a Broward County criminal defense lawyer for a first-time misdemeanor, Matthew Glassman provides the aggressive, informed representation you deserve.
Contact us today to schedule a free consultation with our Broward County criminal defense attorney.