Broward County | Weapons Defense
A gun found during a traffic stop, a shared-home search, or an argument can lead to very different charges. Miller & Jacobs starts with the actual accusation, the evidence, and any current restrictions. We help you understand what needs attention now and what the prosecution must prove.
Have a hearing or firearm surrender order? Tell us the date and bring the complete papers. Do not bring a weapon to the office.
Defense across the county
Understand the exact allegation
Review the recovery and records
Discuss the next step
On this page
Questions to separate at the start
Eligibility | Conduct | Location
Start with three questions: Who is accused of possessing the weapon? What conduct is alleged? Where did it happen? Florida permits qualifying people to carry concealed without a license, but eligibility rules still matter. An accusation about a restricted place, prohibited possession, or a threat requires its own review.
Read Florida’s concealed-carry statuteYour immediate priorities
Save the arrest paperwork, property receipt, and hearing notice. Read release conditions before going home or contacting anyone involved. If an order requires surrender, ask counsel how to comply safely through the proper agency. Do not move, transfer, or retrieve a firearm to work around an order.
Countywide help
A Broward case may begin with municipal police or the Broward Sheriff’s Office. Identify the agency on the report rather than assuming every record is held in one place. Our Pompano Beach weapons page and Fort Lauderdale weapons page provide city-specific starting points. For additional local context, see our Hollywood weapons defense guide.
Find the source
The case number, agency report number, and property number serve different purposes. Keep each one. A missing item in an online search does not tell you that the item does not exist.
Start with the agency named on the arrest report. Its records may identify the officers, location, reported statements, and recovery of the weapon. Requesting the right incident number helps avoid mixing up related calls.
For a BSO incident, use its records process to identify available reports. A local records check is not a complete criminal history. Your lawyer can determine what other records are needed for the defense.
The Clerk’s case record is the starting point for filed charges, hearing entries, and court orders. Check the actual documents and notices. A docket summary may not show every condition affecting you.
The property receipt helps identify the agency holding a seized item. Preserve the receipt and inventory. A request for return is separate from defending the charge, and the item may remain evidence.
Body-camera video, dispatch audio, and nearby recordings may show how the encounter unfolded. Give your lawyer the time and place right away so records can be sought before they are lost.
Past judgments, orders restoring rights, and license notices may affect whether you could lawfully possess or carry a weapon. Get the records, including those from other states. Do not rely only on memory or an incomplete background report.
Keep originals intact. Do not delete messages, edit recordings, or ask anyone to change an account of what happened.
Identify the offense
The phrase “weapons charge” does not identify one offense or one sentence. We read the charging document and connect each allegation to the required proof. That keeps the defense focused on the issue the court must actually decide.
Read Florida’s firearm-possession statuteConcealed carrying
Section 790.01 addresses concealed carrying. For the offenses covered by its eligibility provisions, the State must prove both lack of a license and ineligibility under the listed criteria. A missing permit alone does not answer that question. We examine the allegation and records supporting it.
Prohibited possession
Section 790.23 restricts possession by people in specified categories, including certain felony and juvenile histories. It also addresses ammunition. A restoration claim needs the actual documents. Do not assume that finishing supervision or regaining voting rights establishes firearm authority.
Place and transport
The precise location matters. Florida’s statutes address restricted places and private-vehicle possession separately. We examine where the item was found, how it was stored, and the asserted legal basis for carrying it. A car, a courthouse, and an airport terminal are not interchangeable settings.
Threat or discharge
An alleged threat, display, or discharge raises issues beyond ownership. Witness accounts, recordings, and the sequence of events matter. If self-defense is raised, counsel must examine the applicable law and evidence rather than treating lawful ownership as a complete defense.
Talk through the allegation
Bring the charge, not a guess about the outcome
Call 954-465-8733Tell us the incident date, agency, and next hearing. We can discuss the first steps while you gather the remaining documents.
Free ConsultationOur office serving Broward
1600 S. Federal Highway, Suite 1101
Pompano Beach, FL 33062
Build the defense
Finding a firearm does not resolve every disputed fact. The review should connect each piece of evidence to the charge. Visit our Broward County criminal defense hub for related county matters.
Broward Criminal DefenseThe encounter
We compare the reason police gave for the encounter with reports and recordings. Did someone consent to a search? Was there a warrant or another claimed legal basis? Those facts help show whether there are grounds to challenge the search.
Shared spaces
A shared car or home calls for a careful factual review. Where was the item? Who could access that space? What statements or physical evidence connect a particular person to it? Ownership and possession are not identical questions.
The recovery
Compare where the weapon was found with photos, packaging, and the property record. Tell your lawyer about any differences. Do not reenact the event with a firearm or move or alter evidence to make a point.
Your record
A brief criminal-history entry may leave out key details. Your lawyer needs the judgment, the final case result, and any order restoring rights to assess what the earlier case means now.
Current restrictions
Give counsel every release, injunction, or firearm-related order. A change in one case does not necessarily resolve a separate order. Ask for a clear explanation before seeking possession or return of property.
The decision ahead
We discuss what a motion could change, what an offer requires, and what facts are still disputed for trial. Ask about supervision, whether you would be formally convicted, and effects on firearm rights, not just the sentence.
A focused defense
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The useful question is not simply whether a gun was present. It is what the evidence proves about the offense charged.
A clear review gives you a practical way to understand the allegation, the records still needed, and the next decision.
From first call to decision
The work follows the needs of the case. These steps explain the review, not a promised result or fixed timetable.
01
Review the next court date and current conditions first. Flag surrender instructions, contact restrictions, and documents requiring a response.
02
Separate possession, carrying, and alleged use. Identify the statute and what the prosecution claims happened.
03
Match the court file to agency reports, property records, recordings, and relevant prior-case documents.
04
Review the search, connection to the weapon, eligibility evidence, and witnesses. Consider legal motions supported by the record.
05
Explain the practical differences between a motion, negotiation, and trial. Review the full terms of any proposed resolution.
06
After a hearing or resolution, review the written order. Clarify what remains required and whether any separate restriction continues.
Before you retain counsel
A consultation should leave you with a clearer understanding of the immediate issue. Ask what work is included in the proposed fee and what would be handled separately.
Which case and proceedings does the agreement cover?
Who will communicate court dates and document requests?
Are investigation or expert expenses separate?
Does the scope include a related injunction or property issue?
How will we review a plea offer or trial decision?
Mention any federal inquiry, separate court case, licensing notice, or pending injunction. Identifying a related issue does not mean it is included in the engagement. Confirm the scope before relying on an assumption.
Request a Free Consultation
Partner | Trial Attorney
Speak with Mark J. Miller about the allegation and the records needed to assess your case.
Mark Miller's Professional Background
Partner | Trial Attorney
Speak with Rick S. Jacobs about the immediate obligations and decisions ahead.
Rick Jacobs's Professional BackgroundPrepare for the call
Start with what you already have. Tell us about missing records rather than delaying a call until the file seems complete.
Keep the arrest affidavit, citation, or information, along with the case and agency numbers.
Save hearing notices and complete orders, including every page of release or surrender conditions.
Bring the inventory for seized items and any written instructions from the holding agency.
Gather judgments, dispositions, licenses, and restoration papers that may affect the allegation.
Write down names and contact information. Do not coach witnesses or seek changed statements.
Preserve original files and identify nearby cameras. Ask counsel how to provide sensitive material securely.
Practical answers
These answers explain common starting points. Your charging papers and current orders determine what needs individual attention.
No. Carry eligibility is only part of the review. The case may concern possession restrictions, the location, an existing order, or alleged conduct with the weapon. Read the actual charge before drawing a conclusion from a general carry rule.
Ownership does not settle possession. Counsel should examine where the weapon was found, who used that space, and what evidence connects you to it. Preserve information about the vehicle or home without contacting witnesses to coordinate stories.
No single rule covers every situation. Section 790.25 addresses qualifying possession in a private vehicle, including securely encased or otherwise inaccessible weapons. Carrying on the person raises a different question. Counsel needs the storage details and your eligibility.
No. Bring the paperwork and property receipt, not a weapon or ammunition. If police or a court require a surrender, get clear instructions for lawful compliance through the proper agency.
Not automatically. The item’s evidentiary status, ownership, applicable restrictions, and agency procedures need review. Keep the property receipt. Do not assume that a dismissed charge authorizes possession or immediate release of the item.
Provide the actual judgment and any restoration papers. Section 790.23 addresses specified prior records and firearm authority. Counsel must evaluate the documents rather than assume that time passed or completed supervision resolves the issue.
Start with the Broward Clerk’s case search and your latest written notice. Confirm the date and location with counsel if records conflict. A police report number and a court case number are not the same identifier.
Yes. Call 954-465-8733 or use the contact page with the incident date, agency, case number if available, and next hearing. We can discuss what needs attention first while you collect the remaining documents.
