Andrew M. Coffey, P.A.Fort Lauderdale Criminal Defense Lawyer2026-07-14T07:09:15Zhttps://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[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.]]>On Behalf of Andrew M. Coffey, P.A.<![CDATA[Arrested for domestic violence in Fort Lauderdale: What next?]]>https://www.amcoffey.com/?p=510832026-05-07T08:30:23Z2026-05-07T08:30:23ZAn accusation of domestic violence can affect every part of your life, impacting your domestic life, employment and public standing. Beyond the legal proceedings, you may face long-lasting trouble for your personal relationships and professional future. Keep in mind that a mere claim does not equate to a conviction and you maintain the fundamental right to contest the charges.
A domestic violence arrest in Broward County can upend your life in an instant. Since Florida law treats these allegations seriously, you must navigate the next 48 hours with extreme caution.
The importance of adhering to a no-contact order
Immediately following an arrest, a judge may issue a "no contact order." This is not a suggestion. It means you cannot call, text, email or even have a third party send a message to the alleged victim. Should the alleged victim contact you, responding can lead to immediate re-arrest and new criminal charges.
What to expect at your first appearance hearing
In Florida, authorities may hold domestic violence defendants without bond until a judge conducts a "first appearance" hearing, usually within 24 hours. This is where the judge determines bond conditions and reinforces the stay-away orders.
Prepare to be barred from your home after a no-contact order
If you lived with the accuser, the court will likely bar you from the residence. You should immediately identify a temporary place to stay. Do not attempt to return to the home to "pick up a few things" without a police escort, as this violates the order and can harm your defense.
Gathering and documenting evidence for your defense
While the incident is fresh, write down your account of what happened. Gather names of witnesses or any digital evidence, such as text messages or voicemails, that provide context to the dispute. Domestic disputes in Fort Lauderdale can escalate quickly into legal battles. A clear, documented timeline and evidence may help support your defense strategy. By staying calm and adhering strictly to court orders, you protect your future while the legal process unfolds.
Domestic violence charges should not be taken lightly
A domestic violence arrest in Fort Lauderdale or Broward County is urgent and consequential. In the first 48 hours, protect your rights: remain silent until you speak with an attorney, comply strictly with any no-contact or other court orders and avoid returning to the home without law enforcement present. At the same time, preserve evidence and begin documenting your account while memories are fresh.Time is critical. Prompt, careful action may give you an opportunity to protect your rights and minimize long-term consequences.]]>On Behalf of Andrew M. Coffey, P.A.<![CDATA[What are drug paraphernalia charges?]]>https://www.amcoffey.com/?p=510792026-04-24T14:17:06Z2026-04-24T14:17:06ZWhat qualifies as drug paraphernalia in Florida?
Florida law includes a wide range of items under this category. Even common household items can become paraphernalia depending on the context. These may include:
Pipes and bongs
Needles and syringes
Rolling papers and roach clips
Scales and balances
Spoons with drug residue
Small plastic bags or containers
Grinders and mixing devices
In such cases, Florida law does not require officers to find or prove the use of illegal substances. However, the item alone does not determine the charge.
What is the role of intent in a drug paraphernalia charge?
Intent can support a paraphernalia charge even without drugs being present. Florida law allows law enforcement to consider how people use the item. This is where paraphernalia charges often expand beyond the item itself. For example, a spoon or plastic bag might seem innocent, but officers can file charges if the items connect to drug activity.
Officers may consider the following factors:
The presence of residue on an item
The way the item is stored or packaged
The location where the item is found
Any statements made about the item’s purpose
These factors reflect how an object is interpreted within a specific situation. Because of this, small details in a case can influence how the law is applied and how the charge is ultimately interpreted.
What are the penalties for drug paraphernalia charges?
Possessing drug paraphernalia in Florida is generally a first-degree misdemeanor. This offense carries up to one year in jail and fines of up to $1,000. These penalties apply even for first-time offenders.
Selling or delivering paraphernalia is generally a third-degree felony. Delivery to a minor by an adult can escalate the charge to a second-degree felony. This particular offense carries up to 15 years in prison and fines up to $10,000. Federal law also prohibits selling and transporting paraphernalia across state lines.
Handling criminal drug charges
Whether you face charges alone or alongside other drug offenses, understanding your rights remains crucial to protecting your future. If you are facing drug paraphernalia charges in Florida, legal counsel can help you understand your defense options.]]>On Behalf of Andrew M. Coffey, P.A.<![CDATA[What happens if my partner texts me first during an injunction?]]>https://www.amcoffey.com/?p=510772026-04-23T16:22:08Z2026-04-23T16:22:08ZGetting a text from your partner during an active injunction can feel like a peace offering. Maybe it is an apology or maybe it is a plea to talk things through. However, pressing send on any reply, no matter how harmless your words may seem, can trigger an immediate arrest warrant and send you straight to county jail. Thus, understanding why starts with knowing how an injunction works.
How a domestic violence injunction works
A domestic violence injunction is a court order that protects one person from another. In Florida, a judge can issue a temporary injunction quickly, sometimes even without your presence in court. Once the judge issues the order, it legally requires you to stay away from the protected person and prohibits all forms of contact. This includes phone calls, text messages, emails and any messages you send through a third party. With those restrictions firmly in place, you may wonder whether your partner broke any rules by reaching out to you first.
Did your partner break the rules by texting you?
It may feel unfair, but your partner did not violate the injunction by texting you. The court order restricts your behavior, not theirs. Unless a cross-injunction exists against your partner, they are legally free to contact you at any time. Even if their messages feel harassing or manipulative, the legal obligation to maintain no contact falls entirely on you. That one-sided responsibility becomes especially critical when you feel the urge to write back.
Are you allowed to respond?
Unfortunately, Florida law prohibits you from responding, even if your partner reached out first. A conviction for violating an injunction is a first-degree misdemeanor and you could face up to one year behind bars and a $1,000 fine. Even a brief reply like ‘stop texting me’ counts as a direct violation of the no-contact provision. Beyond that, asking a friend or family member to respond on your behalf also breaks the order. The safest move is to ignore the message entirely, but avoiding a single text is only part of a much bigger picture.
Know your way around an injunction
An injunction shapes nearly every decision you make until the court resolves your case. One misread rule or one impulsive reply can turn a manageable situation into a criminal charge. The more clearly you understand your obligations and your options, including whether you can modify or challenge the order, the better you can protect yourself. Every step you take right now counts.]]>