Broward County Warrant Search

Broward County Warrant Search

Broward County Warrant Search | Florida Warrant Search

You can conduct a statewide arrest warrant search or a specific Broward County warrant search using the links on this page.  The hyperlinks to the Florida Department of Law Enforcement and the Broward County Clerk of Court are below.  The police will usually not conduct a Broward County Warrant search for you if you call.  The police want you to turn yourself in.  I want to help resolve your problem without an arrest.  You might not have to go to jail.  If you have a warrant for your arrest and want to avoid jail,
call us at (954)990-0525 to see how we can help you.

A Word of Caution

If you believe that there is a warrant for your arrest, you are probably right. The police will arrest you anywhere in the State of Florida, and sometimes in other states, if there is an outstanding warrant for your arrest.  The police officer does not have the discretion to not make an arrest.  He is required to obey the court order and arrest you on the spot.  It does not matter what you are trying to do to fix the situation.  You need to take care of an arrest warrant as quickly as possible.  Call a criminal defense attorney immediately if you have a warrant and don’t want to go to jail.

Broward County Warrant Search

The first place that you should look to determine whether you have a warrant in a Broward County criminal case is the Broward County Clerk of Court.  Documents in a family law case, including domestic violence cases, are not available to the public online.  Use the FDLE warrant search below if you are looking for a warrant from a family law case.  Alternatively, call an attorney.  Attorneys with an account can access the documents online.

Instructions for Broward County Warrant Search

Click the blue link titled “Broward County Case Search” below.  Select “Felony” and “Traffic and Misdemeanor” as the court type.  If you are not sure, select “All.”  Enter your last name and your first name.  Click the “I am not a Robot” Recaptcha square.  Select the appropriate case.  It will probably, but not always, show its status as “pending.”   Scroll down to the warrants section once you have selected the appropriate case.  A warrant for your arrest has been issued if it says “capias issued.”  If it does not say “Capias Served” or “Capias Withdrawn,” call a criminal defense attorney immediately.

Link: Broward County Case Search

Caution, the police officer or the clerk might have spelled your name wrong.  It happens a lot.  Especially when there is a hypen in your last name.  Sometimes a warrant does not appear because it was issued recently.  If you suspect a spelling issue, use the case number search or the FDLE search below.  You should either check back often or call a criminal defense attorney as the records might not be up to date.

Florida Warrant Search

If you have an arrest warrant from anywhere in Florida it should appear on the Florida Department of Law Enforcement Public Access System.  Linking to the FDLE Public Access System does not always get good results.  Sometimes the website loads easily and sometimes it does not.  I am going to provide you with two ways to get to the arrest warrant search.

First, click on the blue link below titled “FDLE Wanted Person Search.”  It can take the better part of a minute to load.  If it loads, input your last name, first name, complete the captcha at the bottom and click the “Submit Search” button.  Your results will appear.

FDLE Wanted Person Search

If that doesn’t work, here is the second, longer way to get there.  Click on the blue link below titled “FDLE Website.”  Find the link that says “Search Wanted Persons.”  That will take you to the Public Access System home page.  Select the person icon on the left side of the screen.  Select “Wanted Persons” after clicking on the person icon.  Now you are on the FDLE Public Access System.  Follow the instructions set forth above.

FDLE Website

If you could not find the information that you needed or you are still concerned, contact a criminal defense lawyer for more assistance.  Everybody wants to know if they have an outstanding warrant.  Now that you know, you can find out more about arrest warrants below.

What is an Arrest Warrant?

An arrest warrant is a court order directing the police to arrest you when and if they have contact with you.  The officer must obey the court’s order.  The officer can’t “be cool” or give you a brake.  There is no excuse that will keep you from going to jail.  So if you are trying to address an arrest warrant, don’t unnecessarily put yourself in harm’s way.

Bail Bondsman

If you are dealing with a bail bondsman and do not appear for court, the bondsman can take you back into custody or hire somebody to take you back into custody.  Bail bondsmen are not law enforcement officers and do not have to arrest you.  If you have a private attorney, most bondsmen will give your attorney some time to address the warrant.

Types of Arrest Warrants

There are several reasons that there could be a warrant for your arrest.  This list is not all inclusive, but includes the most common types of warrants and the reason the warrant was issued.

Bench Warrant

If you fail to appear for a court date, the judge will usually issue a warrant for your arrest called a “bench warrant.”  The judge is permitted to, but does not have to, set a bond on the bench warrant.

Fugitive Warrant

A suspect is usually arrested at the scene of the crime or soon thereafter.  Sometimes there is a long investigation before the police make an arrest decision.  The police do not need an arrest warrant if there is probable cause for a felony, but what happens if the police don’t know where the suspect is?  The police will apply for an arrest warrant so other departments will know if a person is wanted.  Some people simply refer to this as an arrest warrant and it is sometimes referred to as a fugitive warrant.  The term “fugitive” as used in this sense does not necessarily imply that the suspect has fled or is attempting to flee the jurisdiction to avoid prosecution.

Violation of Probation Warrant

Your probation officer can request a warrant for your arrest if you violate the terms of your probation.  Your probation officer does not have to request a warrant to arrest you.  Similar to a fugitive warrant, it simply notifies other law enforcement officers that you are wanted for a probation violation.

Extradition Warrant

If you have a warrant for your arrest in another state, you can be arrested in Florida and held on the foreign arrest warrant.  During the time that you are held, the other state has to make a decision on whether to extradite you.  This is a complex area of law with numerous procedural requirements.  The assistance of an experienced criminal defense attorney is extremely important.

Child Support Warrant or Writ of Bodily Attachment

The state, with some degree of regularity, issues warrants for individuals behind in their child support payments.  If you have an outstanding child support warrant, you will want to speak with an attorney that has both criminal and family law experience if you have an outstanding child support warrant.  A writ of bodily attachment is also used in other civil cases as a means of enforcing contempt proceedings.

Pickup Orders

The court can issue a pickup order in certain cases which requires the police take an individual into custody.  Pickup orders are regularly issued in Baker Act and Marchman Act proceedings.  Under these circumstances, the police will typically take the individual to a mental health facility.

For additional information, please contact Fort Lauderdale Criminal Defense Attorney, Michael Dye at:
The Law Offices of Michael A. Dye, PA, 1 East Broward Boulevard #700, Fort Lauderdale, FL 33301 (954)990-0525

Broward County Restraining Order

Broward County Restraining Order

Broward County Restraining Order

How to Get a Restraining Order in Broward County

I wrote about Florida restraining orders in general in 2016.  Click on this link to read the prior post: How to get a restraining order in Florida.  This article is titled Broward County Restraining Order.  It focuses on the specific steps needed to obtain a restraining order in Broward County.  It includes the locations and some general instructions.

Disclaimer

I would like to initially state that I have and continue to represent both Petitioners and Respondents in restraining order proceedings.  I am a criminal defense attorney so I typically defend individuals in restraining order hearings.  Any honest attorney will tell you that the majority of injunctions filed are either gross exaggerations or outright fabrications.  There are very few things that irritate me more than bogus restraining orders.  That is putting it mildly.  So, while I am giving instructions on how to proceed in order to obtain an injunction in Broward County, I hope this reaches somebody who really needs it as opposed to somebody who is going to use it as a tactical advantage in a divorce and/or custody proceeding.

Just a quick review of the basics to start.  There are five (5) different types of restraining orders available in Florida.  The relationship between the parties determines the proper injunction.  The individual requesting the restraining order is the petitioner.  The individual accused of the alleged misconduct is the respondent.  The following are the types of restraining orders available:

  1. Domestic Violence Restraining Order;
  2. Dating Violence Restraining Order;
  3. Repeat Violence Restraining Order;
  4. Stalking Restraining Order or Harassment;
  5. Sexual Violence Restraining Order.

Florida Restraining Order Requirements

As previously stated, I last time I wrote about restraining orders was in 2016.  An updated Domestic Violence Benchbook was published in 2017.  The benchbook is a good place to look for case law updates.  It also contains a variety of checklists, flowcharts, and worksheets.  You can use those to make sure that your work is thorough and accurate.

Domestic Violence Bench Book containing Florida restraining order requirements link: 2017 DV Benchbook

Broward County Restraining Order Procedure

The procedure for how to get a restraining order is fairly simple.  The petitioner goes to the domestic violence intake unit at the courthouse.  He or she completes the paperwork provided by the clerk of courts.  A judge reviews the petition and the supporting documents.  The court is permitted to enter an “ex-parte” temporary restraining order if the petition is legally sufficient.  What does this mean?  Legally sufficient means, based on the allegations as written, the court finds that there is an immediate and present danger if an injunction is not granted.  This means that the court can enter a temporary injunction without notice to the accused.  The injunction is granted based only on the allegations contained in the petition.  No proof and no hearing are required for the temporary injunction.

Broward County Restraining Order | Where do I File?

You can file for a restraining order at two locations in Broward County.  The main courthouse in Fort Lauderdale and the West Regional Courthouse in Plantation.  The addresses are as follows:

Main courthouse: 201 SE 6th St., Room # 02140, Fort Lauderdale, FL 33301.

The hours of operation are Monday to Friday from 8:30 am to 7:00 pm, but all filings must be completed before 5:00 pm.

West Regional Courthouse: 100 N. Pine Island Dr., Plantation, FL 33324

The hours of operation are Monday to Friday from 8:00 am to 4:30 pm, but all filings must be completed by 2:00 pm.

Hearing

The court will always set a hearing if a temporary injunction is granted.  Likewise, the court will usually set a hearing if the temporary injunction is denied.  The initial hearing is required to be set within 15 days of the initial order granting or denying the ex-parte petition.  The final hearings are held in the domestic violence division at the main courthouse in downtown Fort Lauderdale.

The final hearing is a trial by judge.  The Rules of Evidence apply.  Which bring us to the last point.

Restraining Order Attorney

If the restraining order proceeding is important to you, hire an attorney.  You are much more likely to obtain a good result.  You don’t want to lose your case because you don’t know how to properly enter an item or statement into evidence.

Fort Lauderdale criminal attorney, Michael Dye, has experience prosecuting and defending civil domestic violence restraining orders and other injunctions.  For additional information, please contact us at:

The Law Offices of Michael A. Dye, PA, 1 East Broward Boulevard #700, Fort Lauderdale, FL 33301 (954)990-0525

You Have the Right to Remain Silent

You Have the Right to Remain Silent

You Have the Right to Remain Silent Fool!

YOU HAVE THE RIGHT TO REMAIN SILENT | USE IT

Most people view the fifth amendment as a shelter or haven for individuals who have committed a crime. Invoking your right to remain silent is typically viewed as an admission to criminal conduct. After all, if you have nothing to hide in you have nothing to worry about speaking to the police. Right? You couldn’t be more wrong.

10 REASONS TO NEVER SPEAK TO THE POLICE

  1. If the police already have enough evidence to arrest you, they are going to arrest you no matter what you say. If they don’t have enough evidence, you will probably provide them with enough evidence to arrest you………. even if you are innocent.
  2. There is a reason the United States Supreme Court makes police officers warn you that you have a right to remain silent before they ask you questions. It is because speaking to the police is a bad idea nearly 100% of the time………….. even if you are innocent.
  3. The prosecution cannot introduce evidence at a trial concerning you exercising your right to remain silent. The prosecution will cherry pick your worst statements out of context and use them against you in court.
  4. There is no way it can help. I have seen thousands of people talk their way into getting arrested. I have seen one (1) client give a statement and not end up arrested.
  5. If you are guilty, or innocent, you may admit guilt with no benefit in return. If you admit guilt up front, you lose the ability to negotiate a more favorable plea.
  6. Even if you are innocent and only tell the truth, you will always give the police some information that can be used to arrest and convict you.
  7. Even if you are innocent, only tell the truth and say nothing incriminating, there is still a chance that you will be convicted if the police officers do not recall your statements with 100% accuracy.
  8. Even if you are innocent, only tell the truth and say nothing incriminating, there is still a chance that you will be convicted if the police officers do not recall their questions with 100% accuracy.
  9. Even if you are innocent, only tell the truth, say nothing incriminating and your statement is transcribed, audio or video recorded, you can still be convicted if the police have any evidence that any of the statements you made are false. Even the little white lies.
  10. There are over 10,000 pages of federal criminal statutes and thousands of pages of state statutes. There are in an infinite number of factual scenarios where speaking to the police freely might implicate you in some sort of crime that you did not even know existed.

After all that, remember, you have the right to remain silent.  Exercise that right.

WHY WAS THE FIFTH AMENDMENT CREATED?

The Fifth Amendment was created to protect the innocent, not the guilty. You don’t have to take my word for it, you can take the word of Justice Frankfurter, former associate justice United States Supreme Court. “Too many, even those who should be better advised, view this privilege as a shelter for wrongdoers. They too readily assume that those who invoke it are either guilty of crime or commit perjury in claiming the privilege.” Ullmann v. United States, 350 U.S. 422, 426(1956). “The Fifth Amendment’s basic function[s] … is to protect innocent men … who otherwise might be ensnared by ambiguous circumstances. ” See Ohio v. Reiner, 532 U.S. 17, 20(2001).

You Have the right to remain silent. Use it. Refuse to speak with the police without an attorney present. I was admitted to the Florida Bar in 2004. Over the length of my career, I have personally had one (1) client that I allowed to speak to the police during the investigation stage.  A colleague of mine has also allowed (1) client to speak to law enforcement during the investigation stage. Our 2 cases are the only 2 that I am aware of where speaking to law enforcement prior to the filing of charges helped the situation. Those were once in a career cases. I know that I’ll never see another like it.

SOURCES

Please note that I stumbled across this topic while doing legal research for a case. I saw a YouTube video by Regent University Law Professor James Duane which is posted above. It was very informative and I would like to generally site to his video as my source for much of the above information contained herein. Although it has always been my opinion, and almost every criminal defense attorney’s position, that you have a right to remain silent and you should use it.

For additional information, please contact us at:

The Law Offices of Michael A. Dye, PA, 1 East Broward Boulevard #700, Fort Lauderdale, FL 33301 (954)990-0525

 

Marijuana DUI | Florida Law

Marijuana DUI Blood Test

Marijuana DUI Blood Test

Marijuana DUI | Amendment 2

In November 2016, the citizens of Florida passed Amendment 2.  Amendment 2 legalizes possession and use of marijuana for individuals who have been diagnosed with certain debilitating illnesses. It is common sense that marijuana use will increase given the passage of Amendment 2.  Anticipating an increase in the use of marijuana, both recreationally and out of medical necessity, law enforcement must find a way to accurately test for impairment by marijuana to enforce the state’s impaired driving laws.

Marijuana DUI Urine Testing | The Current Test

In Florida, it is nearly impossible for the state to get a conviction for DUI under a marijuana impairment theory.  The state is typically limited to urine testing for drug impairment.  A urinalysis alone cannot determine if an individual is impaired.  Impairment by drugs is more accurately measured with a blood test.  However, Florida law restricts an officer’s ability to obtain a blood test in a DUI case. A DUI conviction can result in serious penalties. A first time DUI is almost always a misdemeanor, but there are situations where the state will pursue felony charges.

Florida House Bill 237 | Marijuana DUI Blood Test

Florida House Bill 237 was introduced into the Florida House of Representatives by Representative Brandes on January 12, 2017. The purpose of the bill is to amend Florida Statute 316.193 by establishing a quantitative threshold of an active marijuana metabolite which, if established, would prove the crime of driving under the influence.  This is like the .08 quantitative threshold for breathalyzer tests.

The specific amendment adds a subsection (d) to Florida Statute 316.193 (1). The proposed amendment reads as follows:

“A person commits the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:

(1) (d) the person has a blood level of 9 nanograms or more of delta 9 tetrahydrocannabinol per milliliter of blood, as shown by an analysis of the person’s blood.”

DUI Blood Test|Typically Illegal

A police officer can request a breath or urine test to determine the presence of alcohol or a controlled substance when an individual has been arrested for driving under the influence. However, a police officer is not able to request a blood test in every instance. Florida law restricts a police officer’s ability to obtain a blood sample for testing in the vast majority of DUI cases.  There are two exceptions that permit a police officer to obtain a warrantless blood draw from a suspect.  Those exceptions are:

  • Florida Statute 316.1932(1)(c) – “There is reasonable cause to believe the person was driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages or chemical or controlled substances and the person appears for treatment at a hospital, clinic, or other medical facility and the administration of a breath or urine test is impractical or impossible” and

 

  • Florida Statute 316.1933(1)(a) – “If a law enforcement officer has probable cause to believe that a motor vehicle driven by or in the actual physical control of a person under the influence of alcoholic beverages, any chemical substances, or any controlled substances has caused the death or serious bodily injury of a human being, a law enforcement officer shall require the person driving or in actual physical control of the motor vehicle to submit to a test of the person’s blood for the purpose of determining the alcoholic content thereof or the presence of chemical substances as set forth in s. 877.111 or any substance controlled under chapter 893. The law enforcement officer may use reasonable force if necessary to require such person to submit to the administration of the blood test. The blood test shall be performed in a reasonable manner. Notwithstanding s. 316.1932, the testing required by this paragraph need not be incidental to a lawful arrest of the person.”

 

It is important to note that an individual can refuse a test under the circumstances set forth in Florida Statute 316.1932(1)(c). However, a police officer is required to perform a blood draw under the circumstances set forth in Florida Statute 316.1933(1)(a).  Under the latter, the officer is permitted to use force to obtain the blood sample.

The proposed amendment to the DUI statute contained in Florida House Bill 237 is ineffective and will have no or minimal impact in DUI prosecutions.  When an officer suspects drug use in a DUI case, the implied consent statute permits the officer to request a urine test to determine the presence of a controlled substance.  However, the proposed amendment specifically states that a blood sample is required. There are no legal means for an officer to collect a blood sample in the overwhelming majority of cases today.  House Bill 237 does not provide any additional legal means for an officer to obtain a blood sample and is, therefore, essentially useless.

For additional information, please contact us at:

The Law Offices of Michael A. Dye, PA, 1 East Broward Boulevard #700, Fort Lauderdale, FL 33301 (954)990-0525

Aggressive Criminal Lawyer or Intelligent Criminal Lawyer

Aggressive Criminal Lawyer

Aggressive Criminal Lawyer and Street Certified Bad Ass*

Searching for an Aggressive Criminal Lawyer

A Google search for “aggressive criminal lawyer” returns 9,780,000 results.  A Google search for “intelligent criminal lawyer” returns 651,000 results. Clearly, people associate the term “aggressive” with “good.”  Let’s rephrase that.  People confuse the term “good criminal lawyer” with “aggressive criminal lawyer.”  The two are not always the same.  Take a moment to think about this.  Would you rather have an aggressive criminal defense attorney or an intelligent criminal defense attorney? An intelligent criminal defense attorney knows when to be aggressive and also knows when to lay off.  An aggressive criminal defense attorney who is not intelligent is just a jerk.

Aggressive Marketing

Why do so many criminal defense attorneys call themselves aggressive?  It all comes down to money. Law firms are businesses.  Attorneys who run the law firms are businessmen.  Businessmen want to make money.  Businesses advertise using the keywords that people search.  More clicks, more clients. More clients, more money.

This post is a pretty good example.  The keyword, or phrase, I choose is “aggressive criminal lawyer.” I did not choose “intelligent criminal lawyer” because the word aggressive will get more clicks.   That is also why I repeat the phrase “aggressive criminal lawyer.”  The search engines will see this post as relevant to “aggressive criminal lawyer” and I will get more clicks.  However, while you are here, I figure I should tell you the truth.

Why People Want an Aggressive Lawyer

I’ve tried a lot of cases.  However, the majority of my cases do not go to trial.  It is that way for every criminal defense attorney. In the cases that go to trial, it is likely my client’s first and last trial experience.  Most of my clients have never seen a criminal trial outside of watching a 20-minute murder trial on Law & Order.  A lot of people form their opinions based on a fictional television show.

The media typical portrays effective criminal defense attorneys in a negative light.  The characters are rude, condescending, abrasive and otherwise jerks.  People have been taught that this is effective.  They want and even expect to see an attorney verbally pound on a state’s witness.  They think that an aggressive criminal lawyer will verbally beat on a witness until they get a “Perry Mason Moment.”  A “Perry Mason Moment” is when the defense attorney gives such a horrific verbal beatdown that the witness breaks down and confesses that he is the real culprit rather than continuing with the mental torment of the questioning.  It seems pretty cool on TV, but it doesn’t work.

How to Lose a Criminal Trial

The easiest way to lose a criminal trial is to make the jury hate you. The easiest way to make a jury hate you is to unnecessarily “beat up” on witnesses. You want the jury to see me as the most reasonable person in the room.

Some people are going to want an aggressive criminal lawyer no matter what I say.  I’ll give you the good news first.  There are plenty of attorneys who will give you what you want.  Now the bad news. Some of the worst cross-examinations I have ever witnessed ended with the client telling his lawyer “great job!”  Usually, the client heard the word “guilty” at the end of the trial.  Why did the client say “great job?”  Because the attorney was aggressive.  That is the same reason he was found guilty.  The jury hated the attorney because he was aggressive.  He was rude, condescending, abrasive, demeaning, belittling, sarcastic and otherwise a jerk.

Aggressive, Persuasive and Effective

There is a difference between aggressive and effective.  Persuasive is effective, aggressive is not.  An intelligent attorney knows the difference. Just because an attorney is not aggressive, in the traditional sense, doesn’t mean that he or she is going to roll over and play dead.    A persuasive attorney will win more cases than an aggressive attorney.

I am not alone in my thoughts.  While doing some research for this post, I came across a blog called Defending People.  We seem to have a similar opinion concerning the phrase “aggressive criminal lawyer.”   It is better for advertising than the courtroom.

Changing Your Approach

Any attorney who is looking to improve their cross-examination skills needs to read MacCarthy on Cross-Examination.  The author, Terence MacCarthy, teaches a simple, extremely effective method of cross-examination that can be used in any type of case and on any type of witness.  Mr. MacCarthy is widely regarded as one of the foremost experts on cross-examination and his book explains exactly why aggressive fails and persuasive wins.

Fort Lauderdale criminal attorney, Michael Dye, likes to think of himself as a reasonable and persuasive attorney.  Please note that his ex-wife’s opinion may differ.  Mr. Dye represents individuals charged with criminal offenses ranging from DUI to murder. For additional information, please contact us at:

The Law Offices of Michael A. Dye, PA, 1 East Broward Boulevard #700, Fort Lauderdale, FL 33301 (954)990-0525.

* Credit for Picture: Miami Criminal Attorney Michael A. Haber, Esq.