Insights: Florida Law Questions, Answered
Every article Andre A. Rouviere has published on Florida criminal defense, DUI, domestic violence, records, car accidents, and injury claims, sorted by topic with the newest first. To talk about your situation, call (305) 774-7000.
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Latest Articles
The six most recent posts. Every article is also filed by topic below.
Do I Have to Tell My Insurance Company Before I Settle a Car Accident Claim in Florida?
Yes. In Florida, if the at-fault driver’s insurance will not pay your full injury claim and you have underinsured motorist (UIM) coverage, you must tell your insurance company before you settle.
How Much Is My Car Accident Case Worth in Florida?
Florida has no formula for valuing a car accident case.
Do I Have to Open the Door for Police in Florida?
No. If police knock on your door in Florida without a warrant, you do not have to open it, let them in, or answer their questions.
How to Seal or Expunge a Criminal Record in Florida
In Florida you can ask a court to seal or expunge a criminal record if you have never been adjudicated guilty of a crime in Florida, including on the charge you want cleared.
Can I Fire My Lawyer or Public Defender in Florida?
Yes. In Florida you can fire a lawyer you hired at any time, with or without a reason. The comment to Rule 4-1.16 of the Rules Regulating The Florida Bar says so directly.
Shoplifting in Florida: What Happens If Store Security Stops You
If store security stops you for shoplifting in Florida, the store can hold you for a reasonable time and must call police.
Arrests and Your Rights
Police at the door, searches, phones, and the first hours after an arrest.
Do I Have to Open the Door for Police in Florida?
Without a warrant, you do not have to open the door, let officers inside, or answer their questions.
Can I Record the Police in Florida?
You can record officers working in public; arrests come from crowding them after a warning or getting in their way.
Do I Have to Give Police My Phone Passcode in Florida?
Without a warrant you can refuse to unlock your phone, and a Florida appeals court has held the prosecutor cannot use that refusal against you at trial.
Can Police Search My Car Because They Smell Marijuana in Florida?
Two Florida appeals courts hold that the odor of marijuana by itself is not enough to search your car, and the post explains where that rule applies.
What’s the Difference Between an Arrest and Being Charged in Florida?
An arrest is a police action; a charge is the prosecutor's filing, due in 30 days if you are held and 60 days if you are out on bond.
I Was Just Arrested in Florida. Do I Need a Lawyer Now?
Florida does not provide a lawyer at the moment of arrest; a public defender comes at first appearance, and you must ask for one and qualify.
Someone Says They’re Calling the Police on Me. Do I Need a Lawyer Before I’m Even Arrested?
Before an arrest, police can question you without Miranda warnings and lie about the evidence, so a lawyer can help early.
Do police need a warrant to search my car in Florida?
The vehicle exceptions that let officers search a car without a warrant, and how the Florida Constitution treats them.
Can I Be Arrested Without Being Read My Rights?
A missing Miranda warning does not cancel an arrest or end a case; it can keep some statements out of evidence.
How Do First Appearance Hearings Work in Miami-Dade?
Within 24 hours of arrest, a judge reviews probable cause, explains the charges, and sets bond, in most cases at the Gerstein Justice Building.
What Should You Do If You’re Arrested in Miami-Dade County?
What to say, what to avoid, and how to protect yourself in the first 24 hours after an arrest.
Criminal Charges and Penalties
What a charge means, what it can carry, and how Florida sorts offenses.
Shoplifting in Florida: What Happens If Store Security Stops You
Store security can hold you for a reasonable time, and the price tag total decides petit theft or grand theft, with $750 as the line.
Why the North Lauderdale Walmart Shooter Wasn’t Charged: Florida’s Stand Your Ground Law
How Florida's stand your ground immunity led Broward prosecutors to decline charges after a fatal parking lot shooting.
Florida’s Mask and Hood Law: When Does Wearing a Hoodie Break the Law?
Wearing a hoodie or mask is legal unless you wear it with one of four listed intents, such as harassing someone or hiding who you are to dodge a lawsuit or criminal case.
Misdemeanor vs. Felony in Florida: Why the Difference Matters More Than People Think
A misdemeanor carries up to 1 year in county jail; a felony means state prison, with maximums of 5, 15, and 30 years by degree.
I Have a Florida Medical Marijuana Card and Got Arrested. What Happens?
What a valid card protects, including the 70-day supply limit, and the situations where it does not prevent an arrest.
I Got a Drug Possession Charge in Florida. What Happens Now?
Possession of most controlled substances is a third-degree felony, while 20 grams or less of marijuana is a first-degree misdemeanor.
Florida’s Hazing Law: What Charges Can Result From a Hazing Incident?
Hazing that causes serious injury or death is a third-degree felony, and hazing that creates a substantial risk of injury is a misdemeanor.
DUI and Traffic
DUI stops, breath tests, boating, speeding, and cameras.
Super Speeder Charge in Miami-Dade: Why a Withhold of Adjudication Is Still a Conviction for Immigration
Why a no contest plea with a withhold of adjudication on a super speeder charge still counts as a conviction for immigration purposes.
What to Ask a DUI Lawyer Before You Hire One
Questions to ask before hiring, starting with whether the lawyer handles the DHSMV license hearing as well as the criminal case.
I Just Got a DUI for the First Time in Florida. What Happens Now?
The fines, jail exposure, and license revocation for a first DUI, plus the 10 days you have to challenge the suspension.
I Was Drunk and Left the Scene of an Accident in Florida. What Happens Now?
Florida prosecutes DUI and leaving the scene as two separate charges, and the post explains how they interact.
Is Florida’s Red Light Camera Law Unconstitutional?
A Broward County judge ruled the red light camera owner affidavit process unconstitutional in one case, and that order binds no other court.
Is Refusing a Breath Test Now a Crime in Florida?
Since October 1, 2025, refusing a lawful breath or urine test after a DUI arrest is a crime the first time.
What Happens If You’re Stopped on the Water Under Florida’s Boater Freedom Act?
Since July 1, 2025, officers need probable cause of a vessel law violation before they stop or board a boat.
When Does a Speeding Ticket Become a Criminal Charge in Florida?
When extreme speeding stops being a civil ticket and becomes a criminal charge under Fla. Stat. § 316.1922.
Are There AI Speed Cameras on I-95 Through Miami?
The viral I-95 speed camera videos come from Delaware; here is what Florida law allows.
What Happens If You’re Pulled Over for DUI in Florida?
You must hand over your license, registration, and insurance, but you can decline questions and field sobriety tests.
Domestic Violence
Injunctions, charges, false accusations, and immigration questions.
Is a Domestic Violence Injunction the Same as a Criminal Charge in Florida?
A civil injunction and a criminal charge are separate cases that can move forward at the same time from one incident.
Can a Domestic Violence Victim Really Drop the Charges in Florida?
Once police make an arrest, the State Attorney decides whether the case goes forward, even when the alleged victim asks to drop it.
Does Being a Victim of Domestic Violence Help With Immigration Status?
How being a victim of domestic violence can open a path to legal status, including protections under VAWA.
What’s the Difference Between an Injunction and a Restraining Order in Florida?
Florida law uses the term injunction for protection, not restraining order, and the post explains what that term covers.
Will a Domestic Violence Charge Affect My Immigration Status?
For non-citizens, a domestic violence charge can bring immigration consequences that reach beyond the criminal case.
What Should You Do If You’re Falsely Accused of Domestic Violence in Florida?
Do not contact the accuser, delete anything, or talk to police without a lawyer, and expect to wait in jail until first appearance.
Florida's New Laws (2026)
Laws passed in the 2026 session and what each one changed.
Florida Veterans Treatment Court: What HB 199 Changed in 2026
A judge, not the State Attorney, now decides whether a veteran or servicemember enters veterans treatment court.
Florida’s New Search Warrant Deadlines: What HB 359 Changed for Phone and Home Searches
For device warrants, the day the judge signed and the day police took the device now decide most timing challenges.
Florida’s New Criminal Gang Member Definition: What HB 429 Changes
New criteria for who counts as a criminal gang member, including gang-related language on social media, effective October 1, 2026.
Florida’s Career Offender Registration Law: What SB 1332 Changes
Career offender registration deadlines shrink from two working days to 48 hours, among other changes effective October 1, 2026.
Florida’s SB 432 (Meg’s Law): New Felonies for Xylazine and Nitrous Oxide
A first-degree felony with a 3-year mandatory minimum for xylazine disguised as food, plus new nitrous oxide crimes.
Florida’s New Rental Application Fraud Felony: What HB 1293 Says
Taking possession of a rental through false statements, forged papers, or impersonation is now a third-degree felony.
What Happens If You Violate a No-Contact Order While on Bond in Florida?
Since October 1, 2026, willfully violating a no-contact order after an arrest for a violent offense is a separate crime.
Florida’s New Career Criminal Sentencing Law (SB 436): What Changed on July 1
Battery on an officer causing injury within 3 years of a prison release now brings a mandatory 5-year prison term.
Florida’s New Domestic Violence Law (HB 277): What Changed on July 1
A domestic violence charge moves up one degree when the person has a prior domestic violence conviction, and a prior withhold or no contest plea counts.
What Does the Officer Jason Raynor Act (SB 156) Change in Florida?
Higher penalties for violent offenses against law enforcement officers and a new definition of good faith in resisting arrest cases.
What Did SB 212 Change About Sex Offender Pool Residency in Florida?
People convicted of listed sexual offenses involving a victim under 16 may not live within 1,000 feet of a public pool.
Who Qualifies as a Habitual Traffic Offender Under Florida’s “Isaiah’s Law”?
Driving without a valid license now counts toward habitual traffic offender status and a revocation of at least 5 years.
What Does Missy’s Law Change About Bond Before Sentencing in Florida?
A guilty or no contest plea to one of 27 listed dangerous crimes now means custody with no bond until sentencing.
Records, Sealing and Background Checks
What stays public after an arrest and how to clear it.
How to Seal or Expunge a Criminal Record in Florida
Who qualifies to seal or expunge a record, why a withhold of adjudication matters, and the steps to file.
Can I Own a Gun in Florida With a Juvenile Record?
A felony-level juvenile record can bar gun possession until age 24, even when the judge withheld adjudication.
Florida’s New Background Screening Law: When a Sealed or Expunged Record Can Still Surface
The settings where a sealed or expunged record can still surface, including the screening category HB 1069 added in 2026.
What Shows Up on a Background Check After an Arrest in Florida?
Arrests and outcomes are public records unless sealed or expunged, and FDLE automatically seals the state record when charges end without a conviction.
Car Accidents and Insurance
Adjusters, settlements, coverage, and what a claim is worth.
Do I Have to Tell My Insurance Company Before I Settle a Car Accident Claim in Florida?
If you have UIM coverage, send written notice by certified or registered mail to every UIM insurer before you sign a release.
How Much Is My Car Accident Case Worth in Florida?
No formula sets value; permanency, fault, medical costs, insurance limits, and the 2-year filing deadline drive it.
Signs an Insurance Company Is Lowballing Your Claim
Early offers, recorded statement requests, and pressure to sign a release are signs an insurer is underpaying.
The Insurance Adjuster Keeps Calling Me. Should I Talk to Them Without a Lawyer?
You can refuse to talk to the other driver's adjuster or be recorded, but your policy requires you to cooperate with your insurer.
I Was in a Car Accident and It Was My Fault. Do I Need a Lawyer?
Florida requires no bodily injury coverage up front, so a crash you caused can bring a judgment above your policy.
What to Do After a Car Accident in Florida
Steps at the scene, how to handle adjusters, and two Florida deadlines that catch people off guard.
Injury Claims and Wrongful Death
Falls, truck crashes, wrongful death, and contingency fees.
Someone Slipped and Fell in My Business. Do I Need a Lawyer?
When a business should call a lawyer after a customer falls, and what the customer must prove under Fla. Stat. § 768.0755.
How Long Does a Wrongful Death Lawsuit Take in Florida?
The filing deadline is two years from the date of death in most cases; how long the case takes to resolve depends on the case.
Who Is Liable When a Commercial Truck Causes a Fatal Accident in Florida?
Liability after a fatal truck crash can reach the driver, the owner, the motor carrier, and loaders, repair shops, or parts makers.
What Damages Can Be Recovered in a Florida Wrongful Death Case?
One lawsuit by the personal representative recovers survivor damages and estate damages, and the post lists both.
How Do Contingency Fees Work for Personal Injury Cases in Florida?
No recovery means no attorney fee and no case costs, and Florida Bar rules cap the fee percentage.
Your Case in Court
Hearings, trials, pleas, and the rules that move a case.
Florida’s Speedy Trial Clock Waits for Charges: What That Means If You Are Out on Bond
If you are out on bond and no charges are filed within 60 days, the court must release you on recognizance on day 63 unless the State shows good cause.
Can a Victim Drop Charges in Florida?
Once charges are filed, the State Attorney decides, and a victim's wishes are one factor among several.
What Happens at an Arraignment in Florida?
The formal start of a criminal case before a judge, and a hearing most people with a lawyer never attend in person.
Jury Trial vs. Bench Trial in Florida: What’s the Difference?
Six jurors decide most cases by a unanimous verdict; a bench trial needs a written jury waiver and the State's consent.
Can Your ChatGPT Conversations Be Used Against You in Court?
Courts have ordered AI chat logs and prompts turned over, and chatbot conversations carry no legal privilege.
What Happens If I Miss a Court Date in Florida?
A missed date can bring an arrest order and bond forfeiture, and willful failure to appear is a separate crime.
Should I Take a Plea Deal? What to Know Before You Decide
What a plea deal is and what to weigh before you accept one, since most criminal cases end in a plea.
Can I Represent Myself in Court?
You have the right to represent yourself, and a criminal judge must warn you of the risks before accepting the waiver.
Hiring and Working With a Lawyer
Consultations, fees, and what to ask before you sign.
Can I Fire My Lawyer or Public Defender in Florida?
You can discharge a lawyer you hired at any time, and the post covers what you owe and how a public defender is replaced.
Can I Call a Lawyer and Ask a Question for Free in Florida?
Many firms offer a free first consultation, and what you say is confidential under Bar Rule 4-1.18 even if you never hire the firm.
What Does a Criminal Defense Lawyer Cost in Miami
How Miami criminal defense fees are set, and why the firm quotes flat fees in phases: pretrial, plea negotiation, and trial.
What Happens at a Free Consultation? What to Expect Before You Call
What the first conversation with a lawyer covers, so the call feels less like a mystery.
What Not to Tell an Attorney
Why telling your lawyer the hard facts does not end your defense.
Can I Use AI Instead of a Lawyer?
A February 2026 federal ruling in United States v. Heppner shows the risk of relying on a chatbot when you face charges.
Do I Need a Lawyer? Six Situations Where Waiting Costs You Options
Short Florida deadlines, such as 10 days to challenge a DUI license suspension, are the reason to call a lawyer early.
What to Ask Before You Hire a Criminal Defense Lawyer in Miami-Dade
The questions to ask a Miami-Dade criminal defense lawyer before hiring, and why each answer matters.
Guides
Longer reference pages on terms, case stages, bond, deadlines, and courthouses.
Have a Question Not Covered Here?
An article explains the law in general. How it applies to your facts is a conversation worth having directly. Initial consultations are free and confidential, with no obligation to retain.
What People Say on Google
Reviews posted on Google by clients and others who have worked with the firm. A prospective client may not obtain the same or similar results.
Read reviews on Google and Avvo, or see our client testimonials page.
