Andrew M. Coffey, P.A.Fort Lauderdale Criminal Defense Lawyer2026-10-29T13:49:10Zhttps://www.amcoffey.com/feed/atom/WordPress/wp-content/uploads/sites/1100425/2019/06/cropped-site-icon-32x32.pngby Andrew M. Coffey, P.A.<![CDATA[How to challenge domestic violence charges in Florida]]>https://www.amcoffey.com/?p=514842026-10-29T13:49:10Z2026-10-29T13:49:10ZWhat evidence challenges the accusation?
Physical and digital records may help explain what happened during a reported event. Their value depends on what they show and how they relate to the case.
Useful evidence may include:
Photographs: Images of injuries, property damage or the scene.
Medical records: Reports showing injuries and care received.
Text messages: Messages that explain events or show different accounts.
Security videos: Footage from before, during or after the event.
Phone records: Location details that may help establish a timeline.
These records have limits. A lack of visible injuries does not prove that violence did not occur. Phone data may also show only a rough location.
How witness statements affect the case
Witnesses who saw the incident or related events may provide useful testimony. Neighbors, friends or other people may describe what they observed. Florida courts assess witness credibility based on factors such as the ability to observe events, consistency and possible bias.
Earlier accusations may be relevant in limited cases. In Florida, courts weigh relevant evidence against risks such as unfair prejudice. Character evidence also follows specific rules. A history of nonviolent conduct does not establish innocence.
How documentation may support a defense
Records of past interactions may provide context for disputed claims. However, family conflicts or financial disagreements do not prove that an accusation is false. Florida law also separates criminal release conditions from civil protection orders. Criminal courts may restrict contact after an arrest. Separate domestic violence injunctions fall under Florida Statutes § 741.30.
Evidence preservation can affect how a case develops. Existing court orders may also limit contact between the parties. A Florida criminal defense attorney can examine available records, explain evidence rules and assess whether the prosecution has enough proof to establish the charged offense.]]>On Behalf of Andrew M. Coffey, P.A.<![CDATA[What should parents do after their child faces a juvenile charge?]]>https://www.amcoffey.com/?p=511232026-10-20T14:45:58Z2026-10-20T14:45:58ZStay calm and gather the facts
Before reacting to the allegation, take time to understand what happened. Information from school staff, police or other families might not tell the whole story. In addition, acting on incomplete details could lead to decisions that complicate your child's defense.
Collect any police notices, court papers or other records you receive, then note relevant dates and names. Give your child room to speak without pressuring them to explain every detail.
Avoid resolving the case on your own
Do not contact the other student, their parents or potential witnesses to confront them or negotiate a settlement before consulting an attorney. Even a well-intentioned message could raise concerns about intimidation or attempts to influence someone's account of what happened.
Avoid posting about the allegations online, and let a lawyer guide any necessary communication with the other party.
Gather information for your child's defense
Preserving relevant information can help your attorney assess the allegations and identify details that support your child's account. Save text messages, photographs, social media posts and other records related to the incident. Do not delete or alter anything, even if you worry it could reflect poorly on your child.
Organize the paperwork you receive and note upcoming court dates before your consultation with a lawyer. You can also prepare questions about possible defense options and how the case could affect your child's education or future opportunities.
Discuss the case with an attorney
Under Florida Statutes Section 985.033, your child has the right to legal counsel in juvenile delinquency proceedings. Whether you choose an attorney or the court appoints one under the law, they can help you understand your child's rights, evaluate the available facts and consider appropriate defense strategies as the case develops. Getting advice early can also help you and your child avoid certain mistakes that can complicate the situation.
Take steps to protect your child's future
A juvenile charge can feel overwhelming, but the steps you take now can help you respond thoughtfully and support your child through the process. Keep communication open, stay organized and remind your child that one difficult situation does not define who they are or what their future holds. With steady support and careful decisions, you can help your child work through this challenge and focus on the opportunities ahead.]]>On Behalf of Andrew M. Coffey, P.A.<![CDATA[Can a domestic violence injunction affect custody in Florida?]]>https://www.amcoffey.com/?p=511212026-10-13T18:01:22Z2026-10-13T18:01:22ZWhat happens to your current parenting schedule?
An injunction may change your existing time-sharing arrangement. Under Florida's domestic violence injunction law, a court can establish temporary parenting provisions that address contact with children and safe exchanges. If the court includes temporary parenting provisions in the injunction, those terms may change your existing schedule while they remain in effect. Read the order carefully to understand what contact and exchanges are permitted.
Some orders may allow limited contact under specific conditions, while others may restrict or supervise visits. Do not assume your usual schedule still applies without checking the order.
Can a judge restrict or supervise your visits?
Courts may order supervised time-sharing or impose other restrictions when the evidence warrants them. The right arrangement depends on the facts of the case and the terms of the court's order.
Violating an injunction or court-ordered time-sharing conditions can have legal consequences, potentially including enforcement proceedings or further restrictions. The consequences depend on the order and the facts.
What if you already have a custody order?
If an injunction conflicts with an existing parenting plan, do not assume one order simply overrides the other. Review the exact language and promptly seek legal advice about your duties and whether you need clarification or another court order. Continue to comply with the clear terms of each order while seeking guidance.
A court filing may be needed to resolve the conflict. Knowing how domestic violence cases interact with family law matters may help you identify the issues to address. Florida's time-sharing and parenting plan law may also apply to existing arrangements.
What should you do to protect your parental rights?
Keep copies of all court orders and document messages about time-sharing. Record scheduled visits, cancellations and relevant exchanges with the other parent. These records may help if a dispute arises later.
A Florida attorney familiar with family law and domestic violence proceedings can review the orders and explain your options. They can advise whether to seek clarification or a change to the current arrangements.]]>On Behalf of Andrew M. Coffey, P.A.<![CDATA[Can passengers face drug possession charges in Florida?]]>https://www.amcoffey.com/?p=511192026-09-28T09:10:44Z2026-09-28T09:10:44ZWhen can a passenger face drug possession charges?
Florida law prohibits unauthorized actual or constructive possession of a controlled substance. Actual possession generally involves physical control of the substance. Constructive possession applies when someone knows the drugs are present and can exercise control over them without physically holding them.
For example, a passenger who has drugs in a personal bag may face a possession charge if the state can establish the required elements of possession. When police find drugs under a seat or elsewhere in a shared vehicle, prosecutors generally need evidence connecting the passenger to the substance.
How do prosecutors establish constructive possession?
Constructive possession can be harder to establish when several people occupy the same vehicle. Prosecutors must show that the passenger knew about the drugs and could exercise control over them. Mere proximity to drugs does not establish constructive possession, particularly when the passenger does not control the location where police find them.
Prosecutors may examine statements, actions and other evidence that connects a passenger to the substance. More than one person may also exercise control over the same drugs, which can support a joint possession charge.
What evidence may affect a passenger's case?
Several types of evidence may help establish whether a passenger possessed drugs:
Statements: Comments during a traffic stop or investigation may indicate whether the passenger knew about the drugs.
Location: The place where officers find the substance may help show whether the passenger could control it.
Personal belongings: Drugs in a passenger's bag, clothing or other property may connect the passenger to the substance.
Other evidence: Messages, fingerprints and actions may help establish knowledge or control.
What passengers should know
Simply riding in a vehicle where police find drugs does not establish possession under Florida law. The state must prove the required elements based on the evidence. When police find drugs in a shared vehicle, the distinction between proximity and control matters.]]>On Behalf of Andrew M. Coffey, P.A.<![CDATA[What to know about juvenile detention after arrest in Florida]]>https://www.amcoffey.com/?p=511162026-09-21T02:10:10Z2026-09-21T02:10:10ZHow the state decides release or detention
After police arrest a minor, the Department of Juvenile Justice takes over the case. A juvenile probation officer completes a Risk Assessment Instrument, often called the RAI. This assessment considers several factors to determine whether the child needs secure detention, a nonsecure placement or release on home detention. Factors that carry the most weight include:
Severity of the charge: Serious felonies and violent crimes score higher points than minor misdemeanors. A higher score makes secure detention more likely.
Prior record and court history: Past adjudications and missed court dates raise the risk score.
Threat to public safety: Evidence that a youth poses a danger to the community or is likely to reoffend before trial affects the final recommendation.
Each line item carries specific rules that officers must justify. Reviewing these entries ensures no miscalculations keep a child in custody.
What happens after the assessment
Once the RAI is complete, the case moves fast. Florida law requires a detention hearing before a judge within 24 hours of arrest. At this hearing, the court reviews probable cause and decides whether to continue the detention.
In Florida, pre-trial detention is generally capped at 21 days for standard cases. However, for serious offenses or safety concerns, a judge can extend detention in additional 21-day increments following a hearing.
Why legal guidance matters
Procedural mistakes or incorrect scoring on the assessment form can result in improper secure detention. A defense lawyer can challenge bad points, fight for release at the 24-hour hearing and protect the youth's rights at every step.]]>On Behalf of Andrew M. Coffey, P.A.<![CDATA[What does a police search warrant require in Florida?]]>https://www.amcoffey.com/?p=511142026-09-10T05:50:48Z2026-09-10T05:47:55ZProbable cause and sworn affidavits
Before a judge signs a search warrant, police officers must show probable cause. This means officers must show reliable facts that a crime happened and that evidence sits inside a specific place.
Officers present these facts to a judge in a sworn written statement. A valid statement typically includes clear proof:
Specific evidence of a crime officers expect to find
Clear details showing why officers believe evidence sits at the property
Direct officer observations or proof that backs up informant tips
Statements from victims or police officers usually satisfy court requirements on their own. If a statement relies on rumors or unverified claims, a judge should not issue the warrant. Evidence gathered from an improper warrant can often be challenged in court.
Specific limits on location and items
Florida search warrants must clearly describe the exact place officers can search and the specific items they can take. Officers cannot use a warrant as a general permit to look through all of your belongings.
For example, if a warrant lists a specific car, officers cannot search your home without new court approval. Once officers find all items listed in the warrant, their authority to search ends unless they spot other illegal items in plain view.
Execution rules for Florida search warrants
State law requires officers to follow clear steps when they conduct a search. Under Florida law, officers must generally knock and announce their identity before entering unless immediate danger or risk of destroyed evidence allows quick entry.
Florida law also requires officers to give you a copy of the warrant and a list of seized items or leave the paperwork at the location. Reviewing these documents with a defense attorney helps ensure law enforcement respected your rights during the search.]]>On 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.]]>