What to Do After an Arrest in Fort Lauderdale
The decisions you make in the first hours after an arrest often matter more than anything that happens weeks later.
Being arrested in Fort Lauderdale can change the next few hours quickly, and most people facing a charge here are looking for a criminal defense lawyer for the first time in their lives.
If you or someone you love was just arrested, investigated, or served with a warrant in Broward County, the most useful thing to do right now is stop talking to police and start talking to an attorney.
Hager & Schwartz, P.A. was built by two former state prosecutors: John Hager, who prosecuted inside the Broward County State Attorney’s Office, and Brett Schwartz, who prosecuted in Miami-Dade. As Fort Lauderdale criminal defense lawyers and Broward criminal defense attorneys working the same courthouses the state attorney’s office uses every day, our team reads a case the way the prosecution built it, because our founders built cases like it themselves. Criminal defense is our entire practice, in state and federal court, from a first misdemeanor to a federal indictment.
The decisions you make in the first hours after an arrest often matter more than anything that happens weeks later.
Hager & Schwartz, P.A. defends clients charged with a wide range of state and federal offenses throughout Broward County, from a first misdemeanor to a federal indictment.
Florida separates criminal charges into misdemeanors, which carry up to a year in county jail and move through Broward County Court, and felonies, which range from third-degree to capital charges and move through Broward Circuit Court with state prison exposure. The difference is where the case is heard and what is at stake for a client’s record, employment, and freedom going forward. Our Broward County felony lawyers apply the same level of preparation to a first-offense misdemeanor and a life felony charge.
Federal charges arising in Broward County are filed in the U.S. District Court for the Southern District of Florida, Fort Lauderdale Division, and carry their own sentencing guidelines and procedure. Our firm defends wire fraud, mail fraud, healthcare fraud, money laundering, conspiracy, and federal drug offenses. Grand jury matters, target letters, and parallel state-federal investigations often surface before an indictment is filed, and early representation can change what evidence and testimony are available by the time charges are considered. Brett Schwartz is admitted to practice in the U.S. District Court for the Middle District of Florida in addition to state court, and our firm handles federal forfeiture proceedings directly. Our Fort Lauderdale criminal lawyers are ready to help with your case.
FEDERAL DRUG CHARGES & TAMPERING IN CONSUMER PRODUCTS
FACTS: Client was a nurse at two major South Florida hospitals. During his employment, he was caught switching Fentenyl with Saline due to his drug addiction. As a result, he was initially charged in state court with felony drug charges then indicted on the same allegations in Federal Court, Southern District of Florida for tampering with consumer products. The client was looking at over 30 years in the state case and an additional 30 years in the federal case.
RESULT: Mr. Schwartz was able to negotiate a plea in state court to three years of probation (no jail) and convince the Federal Court to a sentence well below his guidelines by presenting quite a bit of mitigation evidence.
FEDERAL MONEY LAUNDERING AND WIRE FRAUD (MULTIPLE COUNTS)
FACTS: Client, while working as an executive for a pharmaceutical company illegal routed over $1,000,000 in company funds to a personal account in another state during the COVID pandemic. He subsequently used much of the illegally obtained proceeds to purchase a house for his family. Client was looking at up to 80 years in prison as well as a criminal forfeiture where the U.S. government would have taken his primary residence, leaving his wife and two children homeless.
RESULT: Attorney Brett Schwartz, through extensive negotiation with the government was able to save his home from governmental forfeiture and convince the court to a sentence well below his Federal sentencing guidelines, over the governments objection.
Drug charges in Broward County range from simple possession to trafficking amounts that trigger Florida’s minimum mandatory sentences. Search-and-seizure issues arise constantly in these cases: how the stop occurred, whether a warrant was obtained, and whether the substance was tested and preserved correctly. Prescription-drug allegations carry the same exposure as street-drug charges under Florida law and deserve the same scrutiny.
Juvenile Drug Possession
Our client was charged with juvenile drug possession. We were able to get the case dismissed and expunged off their record.
Felony possession with Intent to Sell Marijuana Mr. Schwartz was able to negotiate for def to do CSH in order for the entire felony case to be DISMISSED.
STATE COCAINE TRAFFICKING
FACTS: Case# F24-1752
Client was charged for the second time for cocaine trafficking and as a result was facing a 15 year minimum mandatory. Notwithstanding his significant criminal history, Mr. Schwartz was able to present to the state enough evidence to establish the case was not as strong as they originally believed and was able to negotiate a plea well below his guidelines.
Sex crime allegations, prosecuted closely throughout Broward County, range from internet-based solicitation and lewd-conduct charges to sexual battery, and each carries registration consequences that extend well past any sentence. Cases in this category often turn on witness credibility, digital evidence, and the circumstances under which a statement was taken.
FACTS: Case#F24-6702. Client was accused of slapping a minor girls bottom without her consent while intoxicated on a Caribbean Cruise. Client was charged with a 2nd degree felony and thus facing 15 years in prison.
RESULT: Mr. Schwartz was able to convince the state to file only a misdemeanor battery charge where he was sentenced to only six months of probation. The client lived out of state and never had to appear in person for court.
2 Counts of Sexual Battery on a Minor and 4 Charges of L&L on a Minor in Two Separate Cases (Facing Multiple Life Terms in Prison)
FACTS: Well known successful artist with no criminal history was accused by two of his daughter’s childhood friends of sexually assaulting them multiple times over 15 years prior to reporting the allegations to police. As a result of the arrest, he was held without a bond in jail until Attorney Brett Schwartz was retained and was quickly able to get him out of custody and on house arrest.
RESULT: Over the course of almost a year, Attorney Brett Schwartz analyzed the states evidence and took the depositions of the alleged victims. He was able to convince the fourth prosecutor assigned to the case that the alleged victims lacked credibility based on significant inconsistencies in their testimony. As a result, all of the sexual offenses were dismissed and the client ultimately plead to one count of a much lesser charge, which allowed him to resume his normal life with his family.
When the client was 24 years old, he was arrested for having sexual relations with a fourteen year old. He was facing 30 years in Florida State Prison. Mr. Schwartz, after an exhaustive discovery process was able to negotiate a resolution of community control and probation with no jail time.
An arrest for domestic violence in Broward County typically comes with an automatic no-contact condition, and violating it, even unintentionally, can add a new charge to the original one. Injunctions, firearm surrender requirements, and employment consequences often follow an arrest before any conviction is entered.
Client was charged with battery and domestic violence. Our team was able to get the case dropped and expunged off their record.
Aggravated Battery and Domestic Violence Injunction
Client was arrested for aggravated battery and was the recipient of a petition for permanent restraining order. Mr. Schwartz, through deposition was able to establish that the “victim” completely lacked credibility. As a result, the assistant state attorney realized that she had no case because of the lack of physical evidence. She was forced to drop the case.
Charges in this category, filed throughout Broward County, include assault, battery, robbery, homicide, manslaughter, and weapons offenses, each carrying distinct sentencing exposure under Florida law. Self-defense, including Florida’s Stand Your Ground framework, is central to many of these cases and has to be raised early to matter at all.
Theft, burglary, embezzlement, and identity theft cases in Broward County typically rely on financial records, transaction histories, and digital documentation that require careful review before a defense strategy takes shape.
Resisting with Violence, Petit Theft, and Possession of Drug Paraphernalia
Same repeat client as above was again in a situation that resulted in a police confrontation which lead to his arrest. The officer accused him of stealing merchandise from a merchant. When approached, he shoved the officer. The client was again looking at prison time as he was charged with a felony and two misdemeanors. Mr. Schwartz was able to get two counts dismissed due to a bad search and get the felony bound to a misdemeanor, where all he had to do is pay court costs and avoided a conviction.
FEDERAL MONEY LAUNDERING AND WIRE FRAUD (MULTIPLE COUNTS)
FACTS: Client, while working as an executive for a pharmaceutical company illegal routed over $1,000,000 in company funds to a personal account in another state during the COVID pandemic. He subsequently used much of the illegally obtained proceeds to purchase a house for his family. Client was looking at up to 80 years in prison as well as a criminal forfeiture where the U.S. government would have taken his primary residence, leaving his wife and two children homeless.
RESULT: Attorney Brett Schwartz, through extensive negotiation with the government was able to save his home from governmental forfeiture and convince the court to a sentence well below his Federal sentencing guidelines, over the governments objection.
A first DUI conviction in Florida carries up to six months in jail, a fine between $500 and $1,000, at least 50 hours of community service, and a loss of driving privileges for 180 days to a year. Felony DUI, leaving the scene of an accident, driving after a suspension, and refusing to submit to testing each raise the exposure further.
DUI and Disorderly Intoxication
DUI was broken down to a reckless driving with no conviction and the disorderly intoxication charge was dismissed.
Criminal Mischief and Disorderly Intoxication
Our client was charged with Criminal Mischief and Disorderly Intoxication. The case was dismissed and expunged off record.
A technical violation, a new arrest while on probation, or a failure to appear can each trigger a bench warrant and a violation hearing with exposure separate from the original case. Our firm took over a probation violation case midstream after another attorney’s approach fell short, closing at least one such case within 24 hours by granting credit for time served.
Cases in Broward County move through the 17th Judicial Circuit, beginning with an arrest or an investigation and, in many instances, resolving long before a jury is ever seated.
After arrest, Florida law requires a first appearance within 24 hours, where a judge sets bond and confirms the charges. The Broward County State Attorney’s Office then decides whether to file formal charges, a decision our firm works to influence before it happens whenever possible. Arraignment follows, then discovery, pretrial motions, negotiation with the assigned prosecutor, and, where a resolution isn’t reached, trial and sentencing.
Depending on where a case is assigned, it may proceed through the Central Judicial Complex in Fort Lauderdale, the North Regional Courthouse in Deerfield Beach, the West Regional Courthouse in Plantation, or the South Regional Courthouse in Hollywood.
Our Fort Lauderdale criminal attorneys follow the same sequence on a new Broward County case. We start with a review of the arrest affidavit and the probable-cause paperwork behind it, before taking any further steps. From there, we obtain body-camera and surveillance footage and evaluate witness credibility against that footage and any prior statements on record.
Our criminal attorneys review search warrants for scope and validity, and unconstitutional searches are challenged through motions to suppress. We analyze phone, computer, financial, and forensic evidence for what it actually shows, not what an arrest report claims it shows.
We offer pre-file advocacy with the assigned prosecutor or detective, whenever timing allows, and file suppression or dismissal motions wherever the evidence or the process supports them. Trial preparation runs in parallel from the first day of the case.
A Broward state case and a federal case are different: different courts, different sentencing rules, and different prosecutors. Federal matters arising in Broward County are filed in the Southern District of Florida’s Fort Lauderdale Division and often follow investigations that ran for months before an indictment, with extensive documentary evidence already assembled by the time a client learns about the case.
Our firm represents clients who are under investigation before any arrest, not only after charges are filed. Early representation protects a client during interviews, subpoenas, and evidence collection, the period when most of the damage to a case actually happens.
If you’ve been arrested or accused of a crime, you need to contact Hager & Schwartz, P.A. today to speak with our Fort Lauderdale criminal defense lawyers.
Anyone searching for a criminal lawyer in Fort Lauderdale or a Broward County felony attorney for a more serious charge is usually making a decision under pressure.
A few reasons clients choose our firm hold up under that kind of scrutiny:
Past results describe what happened in other clients’ cases. They do not predict or assure the outcome of any future case, since every case turns on its own facts.
Hager & Schwartz, P.A. represents clients across the 17th Judicial Circuit, not only in Fort Lauderdale.
Our criminal defense firm regularly appears in courthouses throughout the county on behalf of clients in:
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Protecting your rights, defending your freedom
Brett M. Schwartz, Esq. found his inspiration early on in his life by watching his father work the Miami criminal courts as a prominent defender...
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John S. Hager, Esq. is originally from Spring Valley, New York. Upon graduating from law school and passing the Florida Bar, John accepted...
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For many clients, Thuy is typically the first point of contact. She often communicates with clients regarding updates, court information...
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Our Fort Lauderdale criminal defense lawyers understand that being arrested is a frightening and helpless experience. This is why we pride ourselves on being accessible and available for a consultation 24 hours a day, 7 days a week to answer any questions you have regarding your case. We are committed to individualized care, which is why we provide every client with our individual cell phone numbers in the event they have a question about their case. Our Fort Lauderdale criminal defense attorneys strive to ensure that each client understands the confusing criminal justice system and also what strategies can be utilized to obtain the best possible result in their respective case(s).
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Facing criminal charges raises questions fast, about the process, the timeline, and what happens next. A few of the most common questions appear below, and our defense firm is available to address anything specific to a particular case.
The arrest is followed by booking, then a first appearance before a judge within 24 hours, where bond and the charges are addressed. From there, the Broward County State Attorney's Office decides whether to formally file charges, and the case proceeds toward arraignment if it does.
Florida law requires a first appearance within 24 hours of arrest. A judge reviews the charges at that hearing and sets the conditions of release.
Yes. Contacting an attorney during the investigation, before formal charges are filed, allows for direct engagement with detectives or the assigned prosecutor and can influence whether charges are filed at all, and at what level.
Charges can be dismissed before trial through a successful motion to suppress illegally obtained evidence, a legal defect such as an expired statute of limitations, or negotiation with the prosecution based on the strength of the evidence. Which avenue applies depends on the specific facts of the case.
An outstanding warrant means an arrest can happen at any time, including during a routine traffic stop. Addressing a warrant proactively, often by arranging a surrender with counsel present, is generally safer than waiting for it to be executed unexpectedly.
Misdemeanors carry up to a year in county jail and are handled in Broward County Court, while felonies range from third-degree to capital charges and carry state prison exposure through Broward Circuit Court. The classification affects everything from bond amount to long-term record consequences. Regardless of the level of charge, having a felony or misdemeanor attorney in Fort Lauderdale.
Yes. Federal cases arising in Broward County are filed in the U.S. District Court for the Southern District of Florida, Fort Lauderdale Division, and our firm represents clients in state and federal court rather than referring federal matters elsewhere.
Reviewing a plea offer with an attorney first matters because an offer that looks final is often negotiable, and accepting one without understanding the alternatives can close off options that were still available.
Evidence obtained through an unconstitutional search or an improper stop can be challenged through a motion to suppress, and if granted, that evidence cannot be used against the client at trial. Whether suppression applies depends on how the evidence was obtained and documented.
Yes. Our firm represents clients throughout Broward County, including Hollywood, Pompano Beach, Pembroke Pines, Coral Springs, Plantation, Davie, Hallandale Beach, Sunrise, Deerfield Beach, Weston, and Miramar.
An arrest or an investigation feels overwhelming in the moment, and it is reasonable to want answers immediately. Hager & Schwartz, P.A. is reachable day, night, and weekends throughout Broward County, and the first conversation is a free, confidential consultation. Before discussing the allegations with anyone, including police, speak with one of our attorneys first.
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