Navigating the criminal justice system in Fort Lauderdale or the surrounding areas can be an overwhelming experience. When you or a loved one are facing criminal charges in Broward County, FL, the uncertainty of a trial can be paralyzing. One of the most common ways criminal cases are resolved in the Florida legal system is through a plea bargain. However, many people do not fully understand what these agreements entail or how they impact their future.
As a dedicated Broward County criminal defense attorney, Matthew Glassman works to ensure that defendants understand every option available to them. Whether you are searching for a “criminal defense lawyer near me” or need specific advice on a pending case, understanding the mechanics of a plea deal is essential.
What is a Plea Bargain? Insights from a Broward County Criminal Defense Lawyer
A plea bargain is essentially an agreement between the defendant and the prosecutor. In this arrangement, the defendant agrees to plead “guilty” or “no contest” to a particular charge in exchange for some agreed upon resolution. This could potentially mean a reduction in the severity of the charges, the dismissal of certain counts, or a recommendation for a lighter sentence than what might be handed down following a conviction at trial.
For many, hiring a criminal defense lawyer is the first step in determining if a plea bargain is the right path. While the right to a jury trial is a cornerstone of the American legal system, the reality is that the vast majority of criminal cases in Florida are settled through negotiations before a trial ever begins.
Why Do Prosecutors Offer Plea Deals?
Prosecutors in Broward County handle a massive volume of cases. If every single arrest went to a full jury trial, the court system would grind to a halt. By offering plea bargains, the State Attorney’s Office can ensure convictions without the time and expense of a trial. For the defendant, a plea bargain provides a level of certainty and control over the outcome that a trial simply cannot offer.
The Role of a Criminal Defense Attorney in Negotiations
When you are searching for a “criminal defense attorney near me,” you want someone who is a strong negotiator. A criminal defense attorney does not just accept the first offer the state puts on the table. Instead, they investigate the evidence, identify weaknesses in the prosecution’s case, and use those factors as leverage to secure a better deal.
Plea Bargains for Different Types of Criminal Charges
Not all plea deals are created equal. The strategy used by a Broward County criminal defense lawyer will vary significantly depending on the nature of the alleged crime.
DUI and Traffic-Related Offenses
In Florida, DUI laws are strict. However, a skilled criminal defense lawyer may be able to negotiate a “wet reckless” plea. This involves pleading to reckless driving instead of a DUI. The benefits of this include avoiding a DUI conviction on your permanent record, lower fines, and potentially avoiding the mandatory driver’s license suspension associated with Florida DUI convictions.
Drug Possession and Distribution
For first-time offenders facing drug charges in Fort Lauderdale, FL, a criminal defense attorney might push for Pre-Trial Intervention (PTI) or Drug Court. These are “diversionary” plea bargains. If the defendant completes a program, the charges are dismissed entirely. In more serious drug trafficking cases, a criminal defense lawyer might negotiate a deal that waives “minimum mandatory” prison sentences in exchange for cooperation or other mitigating factors.
Drug Trafficking
In Florida, “trafficking” is not defined by your actions (like selling), but by the weight of the drug. Trafficking charges are first-degree felonies and come with mandatory minimum prison sentences that a judge cannot reduce.
| Drug | Trafficking Threshold | Mandatory Minimum Sentence |
| Cocaine | 28 Grams | 3 Years |
| Fentanyl | 4 Grams | 7 Years |
| Cannabis | 25 Pounds / 300 Plants | 3 Years |
Theft and Property Crimes
Theft charges in Broward County, FL, ranging from shoplifting to grand theft, often hinge on the value of the items involved. A criminal defense lawyer can often negotiate a reduction in charges by arranging for the defendant to pay full restitution to the victim upfront. In many cases, showing a good-faith effort to make the victim whole can lead to a “withhold of adjudication,” which means you are not formally convicted of a crime.
Violent Crimes and Domestic Battery
Cases involving violence are handled with extreme scrutiny in Broward County, Florida. However, plea bargains are still possible. A criminal defense attorney might argue that the evidence of who the “primary aggressor” was is unclear. This can lead to a plea for a lesser offense, such as changing a felony aggravated battery to a misdemeanor simple battery or securing a sentence that focuses on anger management classes rather than incarceration.
The Importance of the "Withhold of Adjudication"
One of the most important objectives for a Broward County criminal defense lawyer is to keep their clients record as clean as possible. In Florida a plea bargain to a “withhold of adjudication” is not a conviction. When a judge withholds adjudication, he or she does not “convict” you of the charges.
This is a critical distinction. Under Florida law, if adjudication is withheld on a felony, you can truthfully state that you have not been convicted of a felony. This could potentially save your career, your housing opportunities, and your civil rights, such as the right to own a firearm or vote. Depending on the charge and other factors, a withhold of adjudication could allow one the opportunity to “seal” their record.
Why You Need a Criminal Defense Attorney
The decision to accept a plea bargain is one of the most significant decisions you will ever make. You should never make this choice without the guidance of a knowledgeable criminal defense attorney. A criminal defense attorney provides several essential services during this process:
- Evidence Review: Your criminal defense attorney will look for constitutional violations, such as illegal searches or seizures, that could lead to the evidence being thrown out.
- Risk Assessment: A criminal defense attorney provides an honest assessment of what is likely to happen if you go to trial. If the state’s case is weak, your lawyer may advise you to reject the plea and fight for dismissal.
- Navigating the “Points” System: Florida uses a complex “Criminal Punishment Code Scoresheet.” A criminal defense lawyer understands how to calculate these points to ensure the prosecutor isn’t asking for more time than the law suggests.
Frequently Asked Questions (FAQ): Plea Bargains in Broward County, Florida
Withdrawing a plea is very difficult once it has been accepted by the judge. In Florida, you generally have to prove that there was a “manifest injustice,” such as your criminal defense lawyer giving you incorrect legal advice or you being coerced into the deal. This is why it is vital to have a reliable Broward County criminal defense attorney by your side from the start.
Yes, usually. Even if you receive a “withhold of adjudication,” the record of the arrest in Broward County, FL, and the plea will show up on a background check. However, depending on the outcome, you may be eligible to have your record sealed or expunged later. Consult with a criminal defense lawyer to see if your plea deal allows for future expungement.
It depends on how you resolved the original case. If you took a plea to probation, something such as failing a drug test or missing a meeting or getting re-arrested in Broward County, FL, again— would allow the judge to sentence you to the maximum penalty allowed for the original charge.
Yes. If you are resolving your case to a felony. Even if you and the prosecutor agree on a deal, a judge must approve it. You will attend a “change of plea” hearing where the judge will ask you a series of questions to ensure you are entering the plea voluntarily and that you understand the rights you are giving up. In some circumstances on misdemeanor cases your lawyer can file what’s called a “plea in absentia” on your behalf and waive your appearance at sentencing.
Yes. While it is uncommon, a judge in Broward County has the discretion to reject a plea agreement if they feel the sentence is too lenient or does not serve the interests of justice. If the judge rejects the deal, you usually have the option to withdraw your plea and go to trial or accepted a modified version of the plea deal.
In terms of sentencing, they are effectively the same. However, a “No Contest” (Nolo Contendere) does not require you to admit any guilt. It is considered a plea of convenience. A guilty plea cannot be sealed whereas a no contest plea can be depending on the charge and other factors. A criminal defense attorney will help you decide which plea is most appropriate for your situation.
Are You Searching for a “Criminal Defense Attorney Near Me?” Contact The Law Office of Matthew Glassman for a Free Consultation!
If you are facing charges in Broward County, Florida, do not leave your future to chance. By searching for a “criminal defense attorney near me,” you are taking the first step toward protecting your rights and your freedom. Don’t navigate the Broward County legal system alone—put a dedicated criminal defense lawyer in your corner today.
The decisions you make now will affect your life for years to come. Whether you are looking for an aggressive Broward County criminal defense attorney to take your case to trial or a skilled negotiator to secure a favorable plea deal, Matthew Glassman is here to help.
When you need a criminal defense lawyer who understands the local courts, the local procedures, and the local prosecutors, look no further.
Contact The Law Office of Matthew Glassman today for a free consultation with our Broward County criminal defense attorney.