Fort Lauderdale Criminal Attorney Blog

February 20, 2025

Why You Shouldn’t Just Plead Guilty to Fort Lauderdale Domestic Violence Charges

By The Law Offices of Richard Ansara, P.A.

Domestic violence charges in Florida carry serious, long-term consequences that extend far beyond a fine or a few days in jail. Many individuals facing these charges may feel overwhelmed, ashamed, or eager to resolve the case quickly, leading them to consider pleading guilty without fully understanding the ramifications. However, doing so can have devastating effects on your future, including restrictions on your personal freedoms, loss of gun rights, employment difficulties, and even deportation for non-citizens. Before making any decisions, it is critical to consult with a skilled Fort Lauderdale criminal defense lawyer who can analyze your case, challenge the evidence, and explore alternatives to conviction.

The Consequences of Pleading Guilty to Domestic Violence in Florida

1. Mandatory Minimum Penalties Under Florida Law

Under Florida Statute 741.283, anyone convicted of domestic battery is subject to mandatory minimum sentencing:

First offense: A minimum of 10 days in jail.
Second offense: A minimum of 15 days in jail.
Third offense or more: A minimum of 20 days in jail.

These penalties increase if a minor was present during the alleged incident.

Beyond jail time, you may also face:

One year of probation with strict conditions.
Completion of a 26- to 29-week Batterer’s Intervention Program (BIP) at your own expense.
Community service hours (often 12 to 29 hours).
Loss of gun rights due to federal restrictions on domestic violence offenders.

2. A Permanent Criminal Record That Cannot Be Expunged

One of the most severe consequences of pleading guilty is that a domestic violence conviction cannot be sealed or expunged in Florida. Under Florida Statute 943.0584, domestic violence-related convictions remain on your record permanently. This can severely impact:

Employment opportunities, especially in professions requiring background checks.
Housing applications, as landlords may deny applicants with a violent criminal record.
Child custody disputes, where a conviction may be used against you.

3. Loss of Firearm Rights

A conviction for domestic violence automatically triggers a federal firearms ban under 18 U.S.C. § 922(g)(9). This means you will permanently lose your right to own, purchase, or carry a firearm, even for self-defense or professional use. For many individuals, including military personnel and law enforcement officers, this can mean the end of their careers.

4. Immigration Consequences for Non-Citizens

If you are not a U.S. citizen, pleading guilty to domestic violence can have severe immigration consequences. Under 8 U.S.C. § 1227(a)(2)(E), domestic violence is considered a deportable offense. Even a misdemeanor conviction can result in:

Deportation
Denial of a green card
Ineligibility for U.S. citizenship

In many cases, immigration authorities may initiate removal proceedings immediately after a guilty plea.

How a Fort Lauderdale Criminal Defense Lawyer Can Help

February 13, 2025

DUI With a Minor in the Car: Why Fort Lauderdale Prosecutors Take These Cases So Seriously

By The Law Offices of Richard Ansara, P.A.

Driving under the influence (DUI) is already a serious offense in Fort Lauderdale. But when a minor is in the vehicle, the consequences become far more severe. Prosecutors in Fort Lauderdale and across Florida aggressively pursue these cases, often seeking enhanced penalties and additional charges beyond a standard DUI. The presence of a minor in the car suggests an increased risk to public safety, making the offense more likely to be prosecuted to the fullest extent of the law.

For those facing DUI with a minor in the car, it is crucial to understand how Florida law handles these cases, what additional penalties you could face, and how a skilled Fort Lauderdale DUI criminal defense lawyer can help protect your rights.

Florida Laws on DUI With a Minor in the Car

Florida’s DUI Statute – F.S. 316.193

Under Florida Statute 316.193, a person commits DUI if they:

Operate or are in actual physical control of a vehicle while under the influence of alcohol or drugs to the extent that their normal faculties are impaired, OR
Have a blood alcohol concentration (BAC) of 0.08% or higher.

For a first-time DUI offense, penalties typically include fines, probation, community service, a license suspension, and potentially jail time. However, when a minor (anyone under 18) is in the vehicle at the time of the arrest, enhanced penalties apply.

Enhanced Penalties for DUI With a Minor in the Car

Florida law specifically enhances DUI penalties under F.S. 316.193(4) when a child is present in the vehicle. If convicted:

The fine is doubled:
- First offense: Minimum $1,000 fine (instead of $500).
- Second offense: Minimum $2,000 fine (instead of $1,000).
- Third offense (within 10 years): Felony DUI, carrying up to five years in prison.
Increased jail time:
- A mandatory sentence of up to 9 months for a first offense (instead of 6 months).
- A second offense carries up to 12 months in jail.
Mandatory ignition interlock device (IID) for at least 6 months.
Additional probation and community service requirements.

In severe cases—such as when the DUI results in an accident, injury, or reckless driving—prosecutors may pursue felony charges under Florida’s aggravated DUI laws.

Does Having Multiple Minors in the Car Make a Difference?

Yes. If multiple minors are in the vehicle, the prosecution may argue that each child is a separate victim, potentially leading to multiple counts of DUI child endangerment. Additionally, the totality of circumstances—such as the children’s ages, road conditions, and the driver’s BAC level—can influence sentencing. In some cases, having multiple minors in the car can elevate the offense to a felony rather than a misdemeanor.

Additional Non-Criminal Consequences

A conviction for DUI with a minor in the car can have life-changing consequences beyond criminal penalties. These include:

Child Custody and Family Law Implications

If you are involved in a child custody dispute, a DUI with a minor in the vehicle can be used against you in family court.

Under Florida law, judges make custody decisions based on the best interests of the child (F.S. 61.13). A DUI conviction involving a minor can be viewed as child endangerment, potentially leading to:

Loss of custody or visitation rights
Supervised visitation orders
Parental fitness evaluations

In severe cases, the Florida Department of Children and Families (DCF) may even initiate an investigation, which could result in temporary or permanent loss of parental rights.

Professional and Employment Consequences

Many employers conduct background checks, and a DUI conviction—especially one involving child endangerment—can result in job loss, particularly for individuals in:

Education and childcare
Healthcare
Commercial driving
Law enforcement or government positions

Additionally, professional licensing boards may revoke or suspend a person’s ability to practice in certain fields, such as medicine, law, and aviation.

Auto Insurance Rate Increases

A DUI conviction will result in a dramatic increase in auto insurance premiums, often by hundreds or even thousands of dollars per year. Some insurance providers may cancel your policy altogether after a conviction involving DUI with a minor in the car.

Potential Defenses to DUI With a Minor in the Car

February 5, 2025

TSA Gun Rules vs. Florida Concealed Carry — What Fort Lauderdale Travelers Need to Know

By The Law Offices of Richard Ansara, P.A.

Florida is a state that takes Second Amendment rights seriously. Florida has one of the highest numbers of legally armed citizens in the country, and the state’s laws are generally favorable to gun owners. However, when it comes to air travel, TSA regulations take precedence. Violating them—even unintentionally—can result in severe consequences.

If you’re arrested for carrying a concealed firearm into an airport in South Florida, it is critical that you contact a criminal defense lawyer immediately. It’s generally a good idea to decline even speaking to authorities until you’ve had a chance to talk to a lawyer first — even if the error was wholly unintentional.

Each year, millions of tourists pass through Florida’s international airports, including Fort Lauderdale-Hollywood International Airport (FLL), Miami International Airport (MIA), and Orlando International Airport (MCO). Florida’s thriving tourism industry means a high volume of travelers, many of whom legally carry firearms. Unfortunately, some gun owners unknowingly violate TSA regulations, leading to criminal charges that can have both state and federal consequences. If you find yourself in this situation, it’s crucial to understand the differences between Florida’s gun laws and TSA’s firearm rules, as well as why hiring a Fort Lauderdale criminal defense lawyer can make a significant difference in your case.

Understanding Florida’s Concealed Carry Laws

Florida has historically been a pro-gun state, allowing law-abiding citizens to carry concealed firearms with the proper permit. As of July 1, 2023, Florida enacted constitutional carry (also known as permitless carry), which means that any eligible person who meets the legal requirements can carry a concealed firearm without obtaining a permit. However, this right does not override federal restrictions or TSA regulations regarding firearms in airports.

Under Florida Statute 790.06, individuals who choose to obtain a concealed weapons permit still benefit from reciprocity agreements with other states. However, there are strict prohibitions on where firearms can be carried, including inside the secure areas of an airport. If you are found in possession of a firearm beyond the security checkpoint, Florida law (F.S. 790.12) allows for serious charges, including possible felony prosecution.

TSA Regulations on Firearms and Air Travel

The Transportation Security Administration (TSA) has strict rules on how travelers can transport firearms. Unlike Florida’s pro-gun stance, TSA’s regulations are federal mandates that all passengers must follow, regardless of state laws.

Key TSA rules include:

Firearms cannot be carried in carry-on luggage. All firearms must be unloaded, locked in a hard-sided case, and checked into checked baggage.
Ammunition must be properly stored. TSA allows ammunition in checked baggage, but it must be securely packed in original packaging or a container designed specifically for carrying ammunition.
Travelers must declare their firearm at check-in. When checking baggage, travelers must inform the airline that they are transporting a firearm.

Violating TSA regulations can result in serious consequences, even if you legally own the gun and had no intent to break the law.

Consequences of Violating TSA Firearm Regulations

Bringing a firearm into a TSA checkpoint—even by accident—can lead to both civil and criminal penalties.

Civil Penalties

TSA imposes hefty civil fines for improperly transporting firearms. As of 2024, these fines can range from $3,000 to $15,000, depending on the severity of the violation. Additionally, violators may lose TSA PreCheck privileges for several years.

Criminal Charges in Florida

If you are caught carrying a firearm past a TSA checkpoint in a Florida airport, you may face misdemeanor or felony charges, depending on the circumstances:

Misdemeanor charges (typically under F.S. 790.06) can result in up to one year in jail, probation, and fines.
Felony charges may apply if there are aggravating factors, such as a prior criminal history or intent to use the firearm unlawfully. A felony conviction can result in up to five years in prison and loss of firearm rights.

Federal Consequences

In addition to Florida state charges, the federal government may prosecute firearm violations under federal law. If charged federally, individuals face potential prison time and federal fines. Federal prosecution is more likely if the individual has a criminal history, was attempting to smuggle a firearm, or had an illegally modified weapon.

Why Hiring a Local Criminal Defense Lawyer is Important

January 18, 2025

Your Criminal Record Impacts Opportunities – How a Broward Criminal Defense Lawyer Can Help

By The Law Offices of Richard Ansara, P.A.

A criminal record can cast a long shadow over your life, impacting everything from career prospects to housing and personal relationships. Here in Southeast Florida, where competition for jobs is fierce and background checks are routine, even a minor criminal conviction can create significant barriers to employment. As an experienced Fort Lauderdale criminal defense attorney, I’ve seen firsthand how a strategic legal defense and proactive measures like expungement can mitigate the impact of a criminal record and help individuals rebuild their lives.

In this article, we’ll explore the various ways a criminal record affects employment opportunities and other aspects of life in South Florida. We’ll also delve into how a skilled criminal defense attorney can help you navigate these challenges.

The Ripple Effects of a Florida Criminal Record

January 8, 2025

Florida Domestic Violence Case Law: Key Precedents That Could Impact Your Case

By The Law Offices of Richard Ansara, P.A.

Domestic violence cases in South Florida are legally complex and carry severe consequences. As a Fort Lauderdale criminal defense lawyer can explain, understanding the legal framework and key case law precedents is essential to building a strong defense. Here, we’ll explore how the law defines domestic violence, review influential prior cases, and explain why working with an experienced criminal defense lawyer is critical.

Defining Domestic Violence Under Florida Law

Florida Statute § 741.28 defines domestic violence as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in physical injury or death of one family or household member by another.

January 6, 2025

Can You Refuse a Breathalyzer Test in Florida? Pros, Cons, and Legal Implications

By The Law Offices of Richard Ansara, P.A.

If you’ve been pulled over for suspected driving under the influence (DUI) in Florida, one of the most critical moments may come when an officer requests that you take a breathalyzer test. This seemingly simple request carries significant legal weight because of Florida’s implied consent law. Refusing to submit to a breath test has both immediate and long-term consequences, and understanding the pros, cons, and legal implications of such a refusal is crucial.

As an experienced Broward County criminal defense lawyer, I’ll provide an in-depth look into Florida’s implied consent laws, discuss the penalties for refusal, and explain whether there are circumstances in which refusal might work to a defendant’s advantage.

(Note: This following should not be considered legal advice. To know which actions are most advisable in your case, you should always talk to the criminal defense attorney who is representing you.)

What Are Florida’s Implied Consent Laws?

Under Florida Statute §316.1932, by obtaining a driver’s license, you automatically consent to submit to chemical tests of your breath, blood, or urine if law enforcement has probable cause to believe you are driving under the influence. This is known as the state’s implied consent law.

If you refuse to take a breathalyzer test after being lawfully arrested for DUI, you’re effectively violating this implied agreement, which triggers an automatic administrative penalty and other potential legal consequences.

The Florida Supreme Court affirmed the constitutionality of implied consent laws in their 1980 ruling in the case of State v. Bender, where it was underscored that driving is a privilege, not a right. Other precedent-setting cases have held that compelling someone to submit to a breathalyzer test when there is probable cause to believe they’re driving impaired does not violate the Fifth Amendment constitutional right to protect against self-incrimination.

Consequences of Refusing a Breathalyzer Test

Administrative Penalties

Refusing a breathalyzer test in Florida results in an automatic suspension of your driver’s license:

First refusal: A one-year suspension.
Second or subsequent refusals: An 18-month suspension and possible misdemeanor charges for repeat refusal.

The suspension is enforced by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), independent of any criminal DUI case.

Use of Refusal as Evidence in Court

One of the most critical legal implications is that your refusal can be used as evidence against you in court. Prosecutors will likely argue that refusal indicates consciousness of guilt—that you declined the test because you knew you were intoxicated. This can be a powerful narrative for a jury, even if there’s no direct evidence of your blood alcohol content (BAC).

Potential for Increased DUI Penalties

If you’re ultimately convicted of DUI after refusing a breath test, you may face harsher penalties. For instance, refusal may disqualify you from certain diversion programs or result in more severe sentencing.

Possible Pros of Refusing a Breathalyzer Test

Despite the serious consequences, some defendants see benefits in refusing a breathalyzer test. Continue reading

December 28, 2024

From Misdemeanor to Felony: How Fort Lauderdale Domestic Violence Charges Can Escalate

By The Law Offices of Richard Ansara, P.A.

Fort Lauderdale domestic violence offenses are taken very seriously by police, prosecutors and judges. While most domestic violence cases are misdemeanors, certain circumstances can elevate them to felony status, leading to more severe penalties — including prison, steep fines, and a permanent criminal record. Understanding what factors are more likely to lead to a felony domestic violence case – and the strategies a Broward criminal defense lawyer may use to help chip away at the prosecutors’ case – is important if you or a loved one are facing domestic violence allegations.

How Florida Classifies Domestic Violence Offenses

F.S. § 741.28 explains that domestic violence may encompass a range of offenses committed against a family or household member. This can include a spouse, ex-spouse (previously married), individuals who live together or those who share a child. Such offenses can include assault, battery, stalking, kidnapping, or false imprisonment.

For the most part, domestic violence will be charged as a misdemeanor. However, it can be charged as a felony under the following circumstances:

Prior convictions. A history of previous domestic violence convictions has the potential to bump a new charge up to felony status. A second or subsequent domestic violence battery offense is typically charged as a third-degree felony, which in Florida is punishable by up to five years in prison. Furthermore, per F.S. § 775.084, repeat offenders can face more serious penalties as habitual offenders.
Severe injuries. If the alleged victim was seriously hurt, the domestic violence charge can be bumped up to aggravated battery, which is a second-degree felony, punishable by up to 15 years in prison. What qualifies as “serious”? Often-cited grounds include broken bones, severe lacerations, or permanent disfigurement.
Use of a weapon. Domestic violence that involves the use of a weapon, such as a firearm, knife, baseball bat or other object, often results in a charge of aggravated assault or aggravated battery. Even if you didn’t actually use the weapon, simply displaying it can escalate the charge. Typically this is a third-degree felony, punishable by a maximum of five years in prison.
Allegations of child endangerment. If there was a child present during an alleged incident of domestic violence, prosecutors will sometimes use this to elevate the charge to a felony. Sometimes, this can even lead to additional charges, such as child abuse or child neglect.
Violations of a protective order. If there was an active restraining order that was violated during the alleged act of domestic violence, this is likely going to mean felony charges.

How Fort Lauderdale Defense Lawyers Fight Back

Fort Lauderdale criminal defense attorneys have many strategies to try to minimize odds of conviction, or at least mitigate the potential severity of the penalties imposed. Continue reading

December 16, 2024

When Text Messages Become Evidence: Digital Communications in Broward Domestic Violence Cases

By The Law Offices of Richard Ansara, P.A.

As we’re living in a digital age, text messages and social media posts have become central to domestic violence prosecutions. These forms of communication are commonly used to corroborate allegations, establish intent, or prove a pattern of behavior. This digital paper trail can be scrutinized and used against you in court – and they come up a lot especially in Fort Lauderdale domestic violence cases.

If you’re facing domestic violence charges in Broward County, understanding how digital communications are handled as evidence can be important to building an effective defense – and potentially keeping you out of trouble in the future.

The Role of Digital Evidence in Domestic Violence Cases

Text messages, emails, and social media interactions are increasingly relied upon in Florida domestic violence cases to support allegations of abuse, harassment, or threats. These communications can be used in various ways, such as:

Establishing Intent or Threats. A text message threatening harm can be used to demonstrate the accused’s intent.
Documenting Patterns of Behavior. Repeated texts or social media messages can be presented as evidence of harassment or stalking.
Corroborating Testimony. Digital evidence can back up a complainant’s version of events, especially when physical evidence is limited.

While this evidence can seem to create open-and-shut cases, the truth is it’s not always as straightforward as prosecutors may suggest. As experienced Broward criminal defense lawyers can explain, messages can easily be taken out of context, manipulated, or misinterpreted – especially given that slang terms are now evolving at a faster rate than ever (thanks in large part to social media). All of this opens the door for a skilled defense attorney to challenge their validity.

Legal Standards for Admissibility

To be used as evidence in a Broward criminal case, digital communications must meet specific legal standards for admissibility:

Authentication.
Under the rules of evidence, prosecutors must authenticate digital messages by proving they originated from the accused. The Florida Supreme Court has repeatedly emphasized the need for reliable evidence to establish the authenticity of electronic communication. Text messages may be admitted as evidence, but if they lack proper authentication, they may be excluded.
Relevance.
Messages must be directly relevant to the charges at hand. Courts often weigh whether the probative value of the evidence outweighs its potential for unfair prejudice.
Integrity.
The integrity of the evidence must be preserved. Altered or incomplete messages can be excluded as inadmissible.

Common Defenses Against Digital Evidence

An experienced Fort Lauderdale criminal defense attorney can use several strategies to challenge the admissibility or interpretation of digital evidence: Continue reading

December 3, 2024

Protecting Your Rights After DUI Arrest in Fort Lauderdale Festival Season

By The Law Offices of Richard Ansara, P.A.

South Florida’s festival season is a time of celebration, drawing thousands to events like the Fort Lauderdale International Boat Show, the Riptide Music Festival, Tortuga Music Festival, and The Big Easy Cruise. While these events offer unforgettable experiences, they also bring heightened law enforcement activity, particularly targeting DUI offenses. If you are arrested for DUI in Fort Lauderdale during this festive season, understanding your rights and the unique legal issues at play is crucial to mounting an effective defense. Hiring a Fort Lauderdale criminal defense lawyer can make all the difference when it comes to minimizing the potential and severity of consequences.

Festival Season in Florida Means More Law Enforcement Presence

Prime festival season in South Florida runs from fall to spring, with January, February, and March typically being the peak.

Specifically in Southeast Florida, upcoming festivals include Art Basel in Miami Beach, the Winterfest Boat Parade in Fort Lauderdale, Art Deco Weekend in Miami Beach, the Big Easy Cruise in Fort Lauderdale, the Country Music Cruise in Fort Lauderdale, Groundup Music Festival in Miami Beach, and Ultra Music Festival in Miami.

These festivals take a lot of planning – and there’s a fair amount of coordination with local law enforcement agencies.

As our Fort Lauderdale criminal defense attorneys can explain, police departments recognize that these festivals tend to result in an uptick of alcohol consumption and drug use. Don’t be surprised if you see an uptick in DUI sobriety checkpoints, saturation patrols and the use of mobile breathalyzer units to identify and apprehend suspected impaired drivers. Such measures are designed to promote public safety, but they’re also going to increase the likelihood of DUI arrests. Keep in mind, though, that an arrest does not necessarily equal a conviction. A criminal defense lawyer can help you fight the charges, or at the very least, argue for reduced penalties.

Are DUI Checkpoints Legal in Florida?

Short answer: Yes.

This is a question that comes up a lot during festival season because we have so many visiting from out-of-state, and each state has slightly different ways of doing things. It’s worth noting that the U.S. Supreme Court upheld the legality of sobriety checkpoints under the Fourth Amendment in the 1990 case of Michigan Dept. of State Police v. Sitz, albeit with some protocols aimed at minimizing arbitrary enforcement and intrusiveness. Continue reading

November 24, 2024

Field Sobriety Tests: What Fort Lauderdale Drivers Should Know About Their Accuracy and Limitations

By The Law Offices of Richard Ansara, P.A.

Field sobriety tests (FSTs) are a common tool used by Fort Lauderdale law enforcement officers to determine whether a driver is impaired. These tests are often administered roadside after an officer pulls over a driver they suspect of driving under the influence (DUI). However, the accuracy and reliability of these tests are not as solid as they may seem. As a Fort Lauderdale criminal defense lawyer, I see firsthand the limitations of FSTs, which can be affected by numerous factors unrelated to alcohol. Understanding these limitations and possible defense strategies can be crucial to protecting your rights if you’re facing a DUI charge based on field sobriety test results.

Types of Field Sobriety Tests

There are three main types of standardized field sobriety tests that Fort Lauderdale officers use, which were developed by the National Highway Traffic Safety Administration (NHTSA):

Horizontal Gaze Nystagmus (HGN) – During this test, the officer asks the driver to follow a small object, like a pen, with their eyes. The officer looks for involuntary jerking of the eyes, which is believed to be more pronounced when someone is under the influence of alcohol.
Walk-and-Turn Test – This test requires the driver to take nine steps, heel-to-toe, along a straight line, turn, and walk back in the same manner. The officer observes for signs of impairment, such as losing balance, missing steps, or failing to follow instructions.
One-Leg Stand Test – Here, the driver must stand on one leg with the other about six inches off the ground while counting aloud. The officer watches for indicators of impairment, such as swaying, using arms for balance, or putting the foot down.

Limitations and Inaccuracy of Field Sobriety Tests

Field sobriety tests are subjective and can often yield inaccurate results. While these tests may be standardized, they are still susceptible to human error, environmental factors, and the physical condition of the driver.

Some common limitations and inaccuracies that can arise:

Physical and Medical Conditions: Certain medical conditions, such as inner ear disorders, neurological issues, or physical injuries, can mimic signs of impairment, leading to inaccurate results. For example, someone with vertigo may struggle with balance during the one-leg stand test, even if they are not impaired.
Environmental Factors: Uneven road surfaces, weather conditions, poor lighting, and nearby traffic can all affect the accuracy of field sobriety tests. If the walk-and-turn test is performed on an uneven surface, a sober person may have difficulty maintaining their balance.
Officer Interpretation: FSTs rely heavily on an officer’s interpretation of the driver’s performance. Officers may unintentionally misinterpret a driver’s actions, particularly if they expect impairment. Small errors, like missing a step or swaying slightly, may be noted as signs of intoxication even when they aren’t.

In the landmark case of State v. Taylor, 648 So. 2d 701 (Fla. 1995), the Florida Supreme Court recognized that field sobriety tests are not scientifically reliable for determining intoxication and that these tests must be corroborated by other evidence to hold up in court. This case underscores that FSTs alone do not definitively prove impairment and may be challenged in a South Florida courtroom.

Defense Strategies for Challenging Field Sobriety Tests

An experienced criminal defense attorney in Fort Lauderdale can employ a variety of strategies to challenge field sobriety test results in DUI cases.

Some common criminal defense strategies: Continue reading