Fort Lauderdale weapons defense
A firearm can be lawfully owned and still become the focus of a criminal allegation. The first question is what police or prosecutors claim was unlawful: possession, carrying, a threat, or another act.
Miller & Jacobs helps Fort Lauderdale clients separate those issues, review the evidence, and understand the decisions ahead. We also check current court restrictions so the response to one accusation does not create another problem.
Bring the charging document, your next court notice, and any order affecting firearm possession.
Serving Fort Lauderdale from our Pompano Beach office
Both partners previously served as Assistant State Attorneys
Firm-reported jury trials across both partners' careers
A partner handles each accepted matter
Identify the legal issue
The words “gun charge” do not identify a single offense or sentence. Review the statute listed in the charging document and the conduct alleged under it.
Florida permits concealed carry by people who meet the applicable statutory criteria even without a carry license. In a prosecution under section 790.01(2) or (3), the State must prove both the absence of a license and ineligibility under the listed criteria. A missing permit alone does not settle those charges.
A disqualifying record or an applicable order can create a possession issue independent of how a firearm was carried. We review the actual judgment, any restoration documentation, the order's terms, and the evidence of possession. Completing a sentence does not by itself establish restored firearm authority.
Section 790.10 addresses specified improper displays of weapons in another person's presence, with an exception for necessary self-defense. A different allegation may support a different charge. The context, words, actions, and available defense evidence must be evaluated together.
Some firearm findings can change a felony classification or require a minimum prison term. That depends on the applicable provision and facts proved. Review the underlying case through our Fort Lauderdale felony defense information; no single minimum applies to every weapons case.
In September 2025, the First District Court of Appeal held Florida's general open-carry ban unconstitutional. The Attorney General issued statewide guidance following that decision. Eligibility, location restrictions, prohibited possession, and alleged misuse still require separate review. The decision is not a blanket defense to every firearm-related accusation.
Testing the State's account
The legal reason for a police encounter, the recovery of a weapon, and a witness's description of its use are separate parts of the case. Each needs support in the record.
We examine the reason for the stop, the sequence of events, and the claimed authority to search. Body-camera footage, a warrant, consent, or an asserted exception can change the analysis. A possible violation requires a legal assessment of the remedy; suppression is not automatic.
A weapon found in a shared room or vehicle raises factual questions about who knew it was there and who controlled it. Statements, the location of other belongings, access to the space, and any forensic work can matter. Physical proximity is only part of that review.
A short recording may leave out the approach, a threat, or an attempt to disengage. We look for the surrounding footage, 911 audio, messages, injury photographs, and witnesses with a useful vantage point. A recording is not required for the State to pursue a case.
Seeing a holstered firearm differs from describing a threatened use of it. If the accusation involves a confrontation, our Fort Lauderdale assault and battery defense page explains related distinctions in what the State must prove.
The goal is to identify which facts are agreed, which are contested, and which legal issues may change the case before an offer or trial decision.
A useful defense begins by identifying the precise accusation and the evidence behind it. You should understand both before deciding how to respond.
Your obligations while the case is pending
Release conditions, an injunction, or a separate supervision order can affect what you may do while defending a weapons case. Have each document reviewed. A general change in carry law is not permission to disregard a specific order.
Tell counsel about any other open case or supervision term. Our Fort Lauderdale probation-violation information explains why a new allegation can create a separate court issue.
Save the complete court paperwork, property receipt, messages, and recordings. Preserve originals without editing them. Discuss any surrender or return-of-property question with counsel before acting; do not bring a weapon to a consultation.
Tell us what offense is listed, whether there is an upcoming appearance, and what police have asked you to do. We can discuss the next step even if you are still gathering records.
Evaluating the available paths
A strategy should address the allegation and the consequences that matter to you. We explain which issues belong before a judge, what a proposed agreement requires, and what would remain disputed at trial.
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Counsel may consider a search challenge, a charge-specific legal argument, or a self-defense immunity request. Those are distinct procedures with different requirements. We assess whether the evidence supports the request and what a favorable ruling would actually change.
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A plea decision should account for the sentence, adjudication, supervision terms, and possible effects on firearm rights or work. Raise licensing and immigration concerns early so appropriate advice can be obtained. Avoid evaluating an offer solely by whether it calls for immediate jail.
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Trial preparation includes reviewing admissible evidence, examining the State's witnesses, and deciding how a defense can be presented. The State bears the burden of proving the offense beyond a reasonable doubt. Preparation should include a candid discussion of uncertainty and risk.
Partner responsibility
Mark J. Miller or Rick S. Jacobs handles each accepted matter, with staff and other professional support as needed. Both partners previously served as Assistant State Attorneys.
Partner
Mark's background includes prosecution and insurance defense. Discuss the records, disputed issues, and decisions in your case with him.
Partner
Rick served as a prosecutor in Miami-Dade County before private practice. Speak with him about the allegation and how the defense will be prepared.
The firm reports more than 230 combined trials across the partners' careers. That experience does not promise a dismissal, acquittal, or particular sentence in your matter.
Contact our Fort Lauderdale criminal defense team with the case number, incident date, and any current restriction. You can describe what needs attention before sending sensitive case documents.
Ask about the work covered by the proposed fee and any separate costs before retaining counsel. The initial consultation is an opportunity to discuss the situation, not a prediction of an outcome.
Our office serving Fort Lauderdale
1600 S. Federal Highway, Suite 1101
Pompano Beach, FL 33062
Questions about your position
Carry rights do not decide every weapons allegation. A case may involve eligibility, a restricted location, an existing court order, or an alleged threat or discharge. Counsel must identify the offense actually charged and the law that applies to the incident instead of relying on a general statement about permitless carry.
The review includes who knew about the firearm, who could exercise control over it, and the evidence connecting each occupant to it. Ownership, location, access, statements, and forensic evidence may all matter. Neither another person's ownership nor your presence in the vehicle automatically resolves possession.
A lawful use-of-force argument and a separate possession allegation may raise different legal questions. Counsel should assess each count, the evidence of the perceived threat, and any limits on the defense. An immunity hearing may be appropriate in some cases, but invoking self-defense does not automatically end all charges.
The answer requires the exact charge, any alleged firearm enhancement, the conduct the State intends to prove, and your relevant record. Possession, discharge, and injury can have different consequences under applicable provisions. A weapons accusation alone does not establish a universal ten-year sentence.
Preserve the request and contact counsel promptly to discuss your rights and the purpose of the interview. Do not guess at answers, alter evidence, or coordinate statements. Continue complying with court orders and appearance requirements. A lawyer can advise on a response without promising that an investigation will be closed.
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