Andrew M. Coffey, P.A.Fort Lauderdale Criminal Defense Lawyer2026-08-18T16:44:14Zhttps://www.amcoffey.com/feed/atom/WordPress/wp-content/uploads/sites/1100425/2019/06/cropped-site-icon-32x32.pngOn Behalf of Andrew M. Coffey, P.A.<![CDATA[What if the alleged victim wants to drop the charges?]]>https://www.amcoffey.com/?p=511112026-08-18T16:44:14Z2026-08-18T16:44:14Zadopt a pro-prosecution policy for domestic violence cases. Prosecutors decide whether to file, decline or divert charges and may proceed over a victim’s objection when appropriate.
Prosecutors control the criminal case
The complaining witness may tell prosecutors that they no longer want to take part. Prosecutors can consider that position, but they still decide whether to continue.
For you, this means the case could move forward even without the other person’s support. Florida law allows prosecutors to make charging decisions over a victim’s objection when necessary. Their decision will depend on the evidence they believe they can use to support the charge.
A reluctant witness may affect the available proof
Although the witness does not control the prosecution, their cooperation might still matter. If they refuse to testify or change their account, prosecutors may have less evidence available at trial.
Other proof could still support the case. Prosecutors may have photographs, recordings or testimony from other people. The court applies evidence rules to decide what the state may present. The effect of a reluctant witness therefore depends on what evidence remains and whether the court allows prosecutors to use it.
Focus on what remains in the case
You may find the situation confusing when the complaining witness wants the case dismissed but prosecutors decide to continue. At that point, it may help to focus on the available evidence and what the state still must prove.
Consider reviewing that evidence and noting where the facts are disputed. Doing so could help you better understand the legal process.]]>On Behalf of Andrew M. Coffey, P.A.<![CDATA[Can a teen be charged as an adult under Florida direct file?]]>https://www.amcoffey.com/?p=511092026-08-13T08:53:10Z2026-08-13T08:53:10ZA juvenile arrest does not always mean a case will stay in juvenile court. In Florida, prosecutors have a process called direct file that can move certain juvenile cases into adult court without first holding a transfer hearing. For a teenager and their family, that shift can change how the case proceeds and what penalties may follow.
When can direct file apply?
Florida law gives prosecutors discretion to direct file charges against some teens. For those who were 16 or 17 when the alleged offense occurred, the state attorney may file an adult criminal case when they believe adult sanctions should be considered. However, special limits apply to misdemeanor charges. A 16- or 17-year-old generally must have at least two prior delinquency adjudications or withheld adjudications. This includes at least one felony-level offense.The rules differ for younger teens. For a child who was 14 or 15, direct file can apply to certain serious offenses, including robbery, sexual battery, kidnapping, aggravated assault and murder. The prosecutor must also determine that adult sanctions should be considered in the public interest.
What changes after a direct file?
Moving a case to adult court can affect more than where the hearing takes place. The criminal case involving a minor enters the adult criminal system and may expose the teen to consequences that differ from those available in juvenile court.Some key effects can include:
Facing prosecution in adult circuit court
Facing different penalties than in juvenile court
Facing adult treatment for certain later violations
Facing additional consequences from unresolved felony cases
Because the consequences can vary based on the offense, age and prior record, reviewing the specific circumstances with a juvenile defense attorney may help clarify which options remain available.
A different path forward
A direct file can put a juvenile case on a very different track. Florida law also gives prosecutors other options, including filing a juvenile delinquency petition or referring a case to a diversion or intervention program.For families in Fort Lauderdale, knowing how the direct-file process works can make the situation easier to follow as the case moves forward.]]>On Behalf of Andrew M. Coffey, P.A.<![CDATA[Can your charges become more serious after an arrest in Florida?]]>https://www.amcoffey.com/?p=511072026-07-31T09:44:38Z2026-07-31T09:44:38ZWhy do charges sometimes become more serious?
The charges listed at the time of an arrest are often based on the facts available at the scene. Before filing or amending formal charges, prosecutors review the available evidence and determine which charges are supported under Florida law. As that review continues, the facts of the case might become clearer. Some factors that can lead to additional or more serious charges include:
A witness statement that was unavailable at the time of the arrest
Surveillance video, body cam footage or digital evidence that reveals additional facts
Medical records that show injuries are more serious than first reported
Lab analysis and forensic testing that strengthen the evidence
Prior convictions may support enhanced charges under Florida law, if legal requirements are met
A decision to file more serious charges should be supported by evidence and the applicable law, not just by the original arrest report.
Does a change in charge mean a conviction is likely?
A change in charges does not determine the outcome of the case. Prosecutors must still prove every element of every offense beyond a reasonable doubt. The defense can challenge the state’s evidence, question witnesses, and raise legal defenses throughout the criminal process.
In some cases, new developments can also weaken the case.
What can a change in charge mean for a criminal case?
Facing more serious charges can increase the potential penalties and change how the case moves forward. It may also affect the legal issues both sides must address during the proceedings. Understanding why the charges changed and what evidence supports them can provide a clearer picture of the case.
More serious charges can change the direction of a criminal case, but they do not determine the outcome. Prosecutors should still prove every charge beyond a reasonable doubt. Understanding why the charges shifted and what evidence supports the change is often the first step in building an effective defense.]]>On Behalf of Andrew M. Coffey, P.A.<![CDATA[Can police arrest both people after a domestic violence call?]]>https://www.amcoffey.com/?p=511052026-07-14T07:09:15Z2026-07-14T07:09:15ZOfficers look for the primary aggressor
Officers speak with everyone involved. They may interview witnesses, examine injuries, examine damaged property and review photos or videos. They also consider whether someone acted to protect themselves.
Florida law requires officers investigating a domestic violence incident to identify the primary aggressor, and they may arrest both parties only when the facts support it. Officers may compare the injuries, review the events that led to the incident and consider whether either person has a history of domestic violence.
Even with these steps, officers may not always reach a clear answer. The investigation may continue.
When both people may face arrest
Police may arrest both people if the evidence suggests that each person committed a criminal offense. This may happen if both people used violence or if officers cannot determine who started the physical confrontation.
An arrest does not mean you were convicted of a crime. It starts the criminal justice process. Prosecutors later review the evidence before deciding how to move forward. That makes the evidence especially important.
Why evidence can change a case
After an arrest, investigators may review:
body camera footage
text messages
surveillance video
medical records
witness statements
New information may support or challenge what officers learned at the scene.
Florida Statutes Section 741.28 defines domestic violence and lists the offenses that fall within that definition. As more evidence becomes available, prosecutors may gain a clearer picture of what happened and decide how the case should proceed.
Understanding how these investigations work can help individuals better navigate the legal process following a domestic violence call.]]>On Behalf of Andrew M. Coffey, P.A.<![CDATA[How to respond to a false theft accusation]]>https://www.amcoffey.com/?p=511032026-07-10T15:58:25Z2026-07-10T15:56:17ZSteps to take to protect your rights
Your actions during the first hours and days may affect how the case develops. Important steps may include:
Contact a criminal defense attorney. A lawyer can safeguard your legal rights, communicate with investigators and address issues that arise during the inquiry. Early advice may also prevent statements or conduct that could damage your position.
Avoid discussing the accusation. Decline voluntary questioning and request counsel before speaking with police. Refrain from explaining the incident to store employees, security personnel or private investigators because they may document your comments.
Do not sign admissions. Avoid providing a written statement before a lawyer reviews it. Ask counsel to examine any civil demand letter before you respond or submit payment.
Stay off social media. A post intended to explain your side may omit context or conflict with later statements. Prosecutors could use that content to challenge your account.
Gather useful records. Keep receipts, bank statements and location history. These materials may confirm payment or place you away from the alleged incident.
These measures matter because the state must prove each element of the alleged offense. In Florida, theft occurs when someone knowingly obtains, uses or tries to obtain or use another person’s property with criminal intent.
The prosecution must show an intent to deprive the owner of a right or benefit or appropriate the property for someone who had no right to it. The state must establish guilt beyond a reasonable doubt.
The full timeline may reveal inconsistencies
Different materials may challenge separate parts of the allegation. A receipt could dispute a claim that someone took merchandise without paying. Phone data can verify a person’s location, while surveillance footage might expose gaps in a witness’s description.
Viewed together, those details may clarify what occurred and test the reliability of the charge. Credible records can expose weaknesses in the prosecution’s case and raise reasonable doubt about the alleged offense.]]>On Behalf of Andrew M. Coffey, P.A.<![CDATA[Does Florida automatically seal juvenile records?]]>https://www.amcoffey.com/?p=510982026-06-25T00:06:50Z2026-06-25T00:06:50ZAutomatic record sealing is sometimes possible
Florida law does allow the automatic sealing of certain juvenile records in qualifying circumstances. For young adults not determined to be serious or habitual offenders, the state may seal records of their prior juvenile justice proceedings when they turn 21. As long as the offense was minor and the juvenile did not serve a sentence, this can occur.
For those determined to be habitual offenders or convicted of more serious offenses, automatic record sealing may not occur until after they turn 26. To be eligible for automatic juvenile record sealing, prior juvenile defendants must avoid additional criminal charges after they turn 18.
Working with a juvenile justice attorney to respond promptly to charges can help young adults minimize the long-term consequences of a youthful mistake. Parents of those facing charges in the juvenile justice system can help their children by retaining legal representation to guide them through the criminal justice process.]]>On Behalf of Andrew M. Coffey, P.A.<![CDATA[Ways you can violate Florida injunctions]]>https://www.amcoffey.com/?p=510952026-06-23T07:50:23Z2026-06-23T07:50:23ZHow do injunctions limit you?
Have you ever been tempted to check in with your partner or relative? Well, maybe think twice about sending that text— it could have consequences.
Also known as a restraining order, injunctions may feel extremely restrictive for those on the receiving end. If someone petitioned against you, it is important that you act within its guidelines. Legal orders may limit your life in unexpected ways.
Under Florida law, no-contact provisions bar you from contacting the petitioner in any manner. This includes contact such as:
Direct means, you may not speak to your partner via face-to-face contact or by speaking through video calls or phone calls.
Indirect means, you cannot send e-mails, texts or even pass messages through the internet without the authorization of a judge.
Close physical proximity means, you may not approach the petitioner’s home, office, school, personal vehicle or other regularly visited places within a specified distance.
Depending on the petition, the judge may issue a temporary or permanent order to you. No matter the duration of the order, a domestic violence injunction can have legal consequences if violated. Willfully disobeying them can get you arrested and charged with first-degree misdemeanor for each violation.
“No Contact” taken seriously
Florida prohibits both direct and indirect methods of communication for injunctions. Even messages on social media violate the order— even if your partner reaches out first. Do not reply to any messages or attempts to reach out if you have an active injunction. Even messages like “stop texting me” or “go away” can count as contact.
Florida restraining orders strictly prohibit third-party messages. Asking mutual friends, blood relatives or coworkers to pass messages is a form of indirect contact that the law forbids . Do not seek out alternative means to get in touch with the other person.
Lastly, take note of the mandated distance for prohibited physical contact. Judges frequently set a standard distance of 500 feet for residences, workplaces, and schools, and a smaller buffer zone may apply to your partner’s vehicle. Avoid your partner's protected spaces as being in range of these violates the terms of the order.
Contesting an injunction
An injunction of any kind is an extremely stressful ordeal. To contest an injunction, you need to navigate a strict and difficult legal network. Challenging an initial or proposed injunction requires you to present evidence at a scheduled hearing.
If the court has issued a final injunction against you, the process is different. You must file a Motion to Modify or Dissolve Injunction at the local County Clerk of Court office. Meanwhile, for domestic violence injunctions, you must use the Florida Supreme Court Approved Family Law Form 12.980(j).
If you want to pursue a modification , having an experienced legal representative is vital to help you navigate the system. You need to successfully prove to the court that the restraining order is no longer necessary. The judge will make a decision on whether to drop the injunction.]]>On Behalf of Andrew M. Coffey, P.A.<![CDATA[3 reasons you can face unjustified shoplifting accusations ]]>https://www.amcoffey.com/?p=510932026-06-15T15:33:44Z2026-06-15T15:33:44ZMany a person has been surprised to find themselves accused and perhaps arrested for an alleged shoplifting offense they did not commit. As with any such situation, you can’t just assume those accusing you will accept your pleas of innocence.
If you want to avoid things going further, it is helpful to understand what led them to accuse you in the first place.
1. Accidental
Maybe you were pushing your toddler around in a buggy, and they grabbed something and dropped it inside. Perhaps you got distracted and absent-mindedly picked up an extra item when picking up your coat after trying on clothes. Or, maybe an actual shoplifter else placed the item in your bag or pocket without you noticing, intending to take it back out when you got outside, only to vanish when they saw security approach you. Mere possession of an item does not make you guilty; prosecutors would need to show you intended to steal.
2. Misidentification
Store cameras often record grainy footage, which can make it easy to misidentify someone. Eyewitnesses, such as store staff or security, can also make mistakes, believing they got a better view than they did, or calling a match based on minimal detail, such as a tall suspect in a black hoodie with no idea of their gender, race or age.
3. Association
A group of teenagers might find themselves held just because one of them stole something. Store staff and police might accuse the others of acting as decoys, for example, when all they were doing was waiting.Shoplifting accusations can quickly escalate into a serious situation. Seeking urgent legal guidance can reduce the chance they do.]]>On Behalf of Andrew M. Coffey, P.A.<![CDATA[When can domestic battery become a felony in Florida?]]>https://www.amcoffey.com/?p=510902026-05-26T15:49:37Z2026-05-26T15:49:37ZWhen a prior conviction raises the charge
A later offense could become a third-degree felony if you have one prior conviction for battery, aggravated battery or felony battery. For this rule, a plea or trial result can still count, even if the court withheld adjudication.
This matters because an older case may still count against you when prosecutors decide whether the new allegation qualifies as a felony.
When an injury or a weapon leads to aggravated battery
A household dispute may lead to more serious charges if the state claims you intentionally caused great bodily harm, permanent disability or permanent disfigurement. Causing this type of harm without a weapon may lead to felony battery, a third-degree charge. If the incident involved a deadly weapon or prosecutors claim you meant to cause serious harm, it may lead to aggravated battery, a second-degree charge.
In addition, Florida treats harm to a pregnant person as a second-degree felony if you knew or should have known about the pregnancy. This change is significant because it carries a maximum penalty of up to 15 years in state prison.
Why strangulation allegations can become a felony
Domestic battery by strangulation applies when someone knowingly blocks another person’s breathing or blood flow by pressing on the neck or covering the nose or mouth. While a long-lasting or permanent physical mark is not required, the state must prove that the act created a risk of great bodily harm.
What to review after an arrest
Check the statute number on your paperwork and save the arrest report, bond papers, no-contact order and court notices. Avoid contacting the alleged victim if a no-contact order exists, even if that person contacts you first.
A felony filing can change the direction of your case. Knowing why prosecutors filed the charge can help you avoid mistakes as the case moves forward.]]>On Behalf of Andrew M. Coffey, P.A.<![CDATA[Why Florida package theft is a felony]]>https://www.amcoffey.com/?p=510872026-05-20T11:30:51Z2026-05-20T11:30:51ZThe shift from misdemeanor to felony charges
Stolen item values decide if a theft offense is a misdemeanor or a felony. However, Florida law treats package theft from homes differently. Taking delivered property worth $40 or more automatically upgrades the crime to a grand theft felony.
Common legal defenses for property theft charges
Legal challenges to theft charges focus on intent. To get a conviction, the state must prove the person intended to keep the property. A mistake of fact works as a defense if the person honestly believed the package was theirs.
Another defense that can be used is to question the identity of the suspect. Poor lighting, low-quality doorbell cameras and common clothing lead to mistaken identity. Finding these flaws requires a close review of the police reports.
What to do if arrested for theft
Protecting your rights right after an arrest makes fighting the case much easier. Anyone facing porch piracy charges should focus on clear legal protections such as:
Exercise the right to remain silent: Do not answer questions without a lawyer there.
Refuse voluntary searches: Do not let police search your car or home without a warrant.
Document the timeline: Write down every detail about the arrest, including what officers said.
These steps build a solid base for a strong defense strategy.
How to handle pending theft allegations
Building a defense requires a clear view of court steps. The high stakes of a felony record make early action vital for anyone facing serious property charges. Working with a lawyer familiar with this law helps find rights violations and protects your future.
An experienced lawyer can review the state's evidence to seek a lower charge or dismissal. Exploring choices early allows for better prep before your first court date. Knowing your rights helps protect a fair process.]]>