Fort Lauderdale Criminal Attorney Blog

August 29, 2026

What HB 277 Actually Changed About Pets and Injunctions, and Why Respondents Should Care

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

The primary purpose of a Florida domestic violence injunction is to protect people, but attacks on pets were considered part of the court’s equation under F.S. 741.30(6)(b). But now, pet protections have been strengthened as of July 1, 2026, following the passage of CS/CS/HB 277. Now, the statute not only allows courts weighing domestic violence injunction petitions to assess whether a a respondent intentionally injured or killed a family pet, but also whether respondent merely threatened to do so.

Why That Distinction Matters to Domestic Violence Defendants

Proving intentional injury or death of a pet typically requires some combination of veterinary record, video evidence, witness testimony, digital message exchanges, or a confession. Proving a threat, meanwhile, may only require testimony about words. Obviously, video, audio, or digital evidence would strengthen the allegation, but it may not be necessary. Florida injunction hearings are generally civil proceedings, held on short notice, decided by a judge without a jury, and often resolved on the basis of which party the court finds more credible.

It should be noted that F.S. 741.30(6)(b) does not limit courts to consideration of the enumerated factors listed in the law. So a judge in Broward could already have weighed a threat against a dog under that catchall language. But the statute did provide a checkbox on the form and a talking point at the hearing, so it is likely we’ll see this point increasingly argued at injunction hearings.

Respondents should know such an allegation is a possibility and prepare to directly and with careful consideration rather than dismissing it as unserious.

The Research to Which Lawmakers Were Responding

The enumerated factor exists because the evidence behind it is substantial, and a respondent who treats it as a joke in front of a judge will lose ground. A systematic review published in Research in Veterinary Science examined 30 studies and found animal abuse prevalence in households with intimate partner violence ranging from 21 to 89 percent, with a significant relationship between the two. Research using the 2014 Canadian General Social Survey, a nationally representative sample rather than a shelter population, found that actual and threatened abuse of pets by a romantic partner significantly predicted that partner also perpetrating intimate partner violence, particularly physical and severe abuse. Continue reading

August 16, 2026

Judges Now Decide Who Enters Florida’s Veterans Treatment Courts

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

For years, a Fort Lauderdale DUI defense lawyer representing a veteran faced a structural problem. The office prosecuting the case also decided whether the client could get treatment instead. That changed on July 1, 2026.

CS/CS/HB 199 passed the Florida House 110-0 and the Senate 37-0 and became Chapter 2026-128. The bill removed the requirement that a defendant apply to the state attorney for veterans treatment court. Now under the new law, it is the court, in consultation with the multidisciplinary team, authorized to determine eligibility. The prosecutor still gets a voice, and the must consider any recommendation of the state attorney. However, the prosecutor no longer holds a sole veto.

The Previous Process for Veteran’s Court

The change is easiest to see in Broward County’s own paperwork. The Seventeenth Judicial Circuit has run a veterans court since 2012. The State Attorney’s Veterans Treatment Court Program Guidelines published prior to the law change directed the defendant to submit an application to the state attorney, who was authorized to review each application and determine defendant’s eligibility and decide, in consultation with the court, whether to allow the defendant to participate. Under the old law, prosecutors determined eligibility and had discretion about entry.

Now it is the court that determines eligibility, in consultation with the veteran’s treatment team. The prosecutor’s position is now a seat at the table rather than a gatekeeper. Criminal defense lawyers in Broward County expect the circuit will soon update the written guidelines, but won’t wait for that to request entry to the program for eligible clients.

Why This Matters Especially for Veterans Arrested for Fort Lauderdale DUI

Veterans court exists because mental and physical conditions related to military service tend to be associated with criminal offenses involving substance abuse. A meta-analysis in the Journal of Head Trauma Rehabilitation found PTSD in 27 percent of people with traumatic brain injury compared to 11 percent without, and found the rate reached 37 percent in military samples against 16 percent in civilian ones. Research summarized in the Journal of Veterans Studies reports that roughly 60 to 80 percent of justice-involved veterans had a substance use disorder before arrest, and that substance use raises the risk of justice involvement three to five fold.

A veteran drinking to manage sleep disruption, hypervigilance, or untreated pain does not usually surface in the system through a violent felony. They surface on Interstate-95 at 2 a.m. Continue reading

August 5, 2026

The Four Penalty Levels Under Fla. Stat. § 379.401: When an FWC Citation Stops Being a Fine

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

A Fort Lauderdale FWC violation defense lawyer often hears the same assumption during initial client consultations: The boater believed the paper an officer handed them on the water was a traffic ticket. Usually, it isn’t. Florida sorts fish and wildlife offenses into four penalty levels under Fla. Stat. § 379.401, and only the first level is non-criminal. The other three produce criminal records, mandatory minimum fines, and the loss of hunting and fishing privileges. Understanding the type and severity of the charges resulting from a run-in with an FWC officer is imperative to your defense.

Level One: A Civil Infraction With a Criminal Trapdoor

Level One FWC offenses concern documentation and access rules. Recreational license and permit requirements are detailed under F.S. § 379.354(1)-(15), along with quota hunt permits, camping and vehicle rules inside wildlife management areas, hunter safety course requirements under F.S. § 379.3581, and the return of unused CITES tags issued through the Statewide Alligator Harvest Program.

A Level One FWC violation is a non-criminal infraction. The officer cites the person, who is required to appear in county court. The civil penalty is $50, or $250 if the person committed the same Level One violation previously within the preceding 36 months. Someone cited for a license problem can often buy the license, show proof, and pay the $50 penalty by mail within 30 days.

Note: there are two provisions convert that infraction into a crime. Under § 379.401(1)(g), a person who refuses to accept the citation, fails to pay the penalty, or fails to appear in county court commits a second-degree misdemeanor. Under F.W. § 379.401(1)(h), a person who elects to appear waives the statutory caps, and the court may then impose up to $500 for subsequent violations. One provision cuts the other way. Under § 379.401(1)(i), a person cited for failing to carry a license may not be convicted if they produce a license that was valid on the date of the stop.

Level Two: The Line Between a Ticket and a Record

Level Two are criminal offenses, and these statutes are the most common basis for Broward County angler FWC stops. Closed seasons, bag limits, possession limits, size limits, restrictions on methods of taking, landing requirements, spearfishing under F.S. § 379.2425, tarpon taken without a tag under F.S. § 379.357(3), and alligator licensing and tagging under F.S. §§ 379.3751 and 379.3752 all fall at Level Two. Continue reading

July 26, 2026

FWC Officers Have Full Police Powers. Here Is What That Means for Your Case.

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

Most people stopped by a Florida Fish and Wildlife Conservation Commission officer assume they are dealing with a game warden. They picture a narrow job. Check the license, measure the catch, write a ticket, move on. That assumption is wrong, and it produces arrests that a Fort Lauderdale criminal defense attorney sees every week in Broward County court.

The Legislature Called Them Police Powers

Section 379.3311, Florida Statutes, is titled “Police powers of commission and its agents.” The title is not decorative. Subsection (1) constitutes FWC officers as peace officers with the power to make arrests for violations of the laws of this state, and it makes the general laws applicable to arrests by peace officers applicable to them.

FWC states the point plainly on its own website. The agency describes its sworn personnel as fully constituted police officers under Section 379.3311 with authority to enforce all laws of the state, not only those relating to fish and wildlife.

The jurisdiction is statewide. An FWC officer working the Intracoastal region of Broward County carries the same arrest authority as a Fort Lauderdale police officer on the streets. Section 379.3311(1) adds something no municipal officer has. It authorizes FWC officers to enter upon any land or waters of the state in performance of their lawful duties and declares that the entry does not constitute a trespass.

The Search Authority Comes With Conditions

Section 379.3311(2)(e) permits an officer to arrest without a warrant on probable cause and to examine any person, boat, conveyance, vehicle, game bag, or other receptacle for wildlife or marine life. Section 379.334 separately authorizes officers to board vessels and to enter fish houses, warehouses, and other buildings to search for and seize unlawfully held wildlife and gear without a warrant. Continue reading

July 20, 2026

Text Messages, Ring Cameras, and Location Data as Evidence in Fort Lauderdale Domestic Violence Cases

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

Most domestic violence cases in Broward County involve two people, one version of events each, and no independent witnesses. Prosecutors fill that gap with evidence, which increasingly, is digital. Screenshots of text threads, doorbell camera clips, and cell phone location records now drive more domestic violence prosecutions in Fort Lauderdale than physical injuries do. Each of those categories carries a legal requirement that the State frequently overlooks, and every Fort Lauderdale domestic violence attorney should be testing those requirements before trial.

Screenshots Do Not Authenticate Themselves

A text message is a writing. Section 90.901, Florida Statutes, requires authentication as a condition precedent to admissibility, which means the proponent must produce evidence sufficient to support a finding that the item is what it claims to be. A printed screenshot showing a name and a phone number does not satisfy that burden by itself.

The Fourth District Court of Appeal, which governs Broward County, made the point directly in the civil case of Walker v. Harley-Anderson, 301 So. 3d 299 (Fla. 4th DCA 2020). (Note that domestic violence injunctions often arise from criminal cases, but they can be filed independently in the civil justice system as well.) The petitioner in that Florida stalking injunction case offered threatening text messages she attributed to the respondent. The messages were not recovered from the respondent’s phone under a search warrant, and no circumstantial evidence tied her to their authorship. The Fourth DCA held that the trial court abused its discretion in admitting them.

Authentication can be established through distinctive characteristics, contextual detail, or extrinsic evidence, as the court explained in Symonette v. State, 100 So. 3d 180 (Fla. 4th DCA 2012). Where the State cannot make that showing, the consequence is severe. The text messages in Walker were the only evidence supporting the injunction, so the appellate court reversed and ordered the petition dismissed. Continue reading

July 6, 2026

Trenton’s Law Explained: Why Refusing a Breath Test Is Now a Crime in Florida

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

Florida changed the math of every DUI stop on October 1, 2025. House Bill 687, known as Trenton’s Law, made a first refusal to submit to a lawful breath or urine test a criminal offense. Before that date, a first refusal cost a driver a license. Now it costs a driver a license and creates a second criminal case. Any Fort Lauderdale DUI defense lawyer handling arrests in Broward County has watched prosecutors add the refusal count as a matter of routine since the law took effect.

What the Statute Actually Says

Trenton’s Law, codified at Chapter 2025-121, Laws of Florida, amended two provisions of the Florida Traffic Control Law. It rewrote the implied consent warnings in Section 316.1932, Florida Statutes, and it expanded the refusal offense in Section 316.1939.

Under Florida Statute Section 316.1939(1)(e), a driver who refuses testing after being properly informed of the consequences commits a second degree misdemeanor for a first refusal. A second or subsequent refusal remains a first degree misdemeanor. The penalties come from Sections 775.082 and 775.083. A second degree misdemeanor carries up to 60 days in jail and a $500 fine. A first-degree misdemeanor carries up to one year in jail and a $1,000 fine.

The refusal provision drew the most attention, but it was not the only change. Trenton’s Law also reclassified a second or subsequent conviction for DUI manslaughter or vehicular homicide from a second-degree felony to a first degree felony. The maximum sentence for those repeat offenses jumped from 15 years to 30 years in state prison. Continue reading

June 30, 2026

Your DUI and Your Job: CDLs, Nursing Licenses, and Professional Consequences in Florida

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

A DUI arrest is stressful for anyone. For people whose paycheck depends on a license, it can feel like the ground is shifting under their feet. In South Florida, where commercial drivers and healthcare workers fill the roads and hospitals, a single bad decision behind the wheel can reach far past the courtroom. Understanding that reach early, with help from a Fort Lauderdale DUI attorney, often makes the difference between a setback and a lost career.

The Criminal Case Is Only the Beginning

Florida’s DUI law, Section 316.193 of the Florida Statutes, sets the baseline penalties: fines, possible jail, license revocation, probation, DUI school, and an ignition interlock device for many drivers. A first conviction can bring a fine of up to $1,000 and up to six months in jail. Those penalties are serious on their own. For a licensed professional, though, they are only the opening chapter. A second, parallel process plays out in front of a licensing board or a state agency, and that process follows its own rules.

CDL Holders: A Higher Standard and Higher Stakes

Commercial drivers carry a heavier burden. While ordinary motorists are measured against a 0.08 blood alcohol limit, a CDL holder operating a commercial vehicle can be charged at 0.04. Worse, the consequences attach even when the arrest happens in a personal car on a day off.

Under Section 322.61 of the Florida Statutes, a first DUI conviction disqualifies a person from operating a commercial vehicle for one year. If the driver was hauling hazardous materials, that period climbs to three years. A second DUI conviction means a lifetime disqualification. Florida offers no hardship CDL to bridge the gap, so for many drivers a conviction lands the same way a pink slip does. Acting fast to challenge the stop, the testing, and the charge itself is critical.

Nurses and the 30-Day Clock

June 20, 2026

Marsy’s Law and What It Means When You’re the One Accused

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

Most people first hear the words “Marsy’s Law” from the side of a victim. The headlines, the campaign ads, and the rights forms all speak to people who have allegedly been harmed by violent crime. Far fewer people understand what Marsy’s Law means from the vantage point of the accused. For anyone facing charges in South Florida, that gap is worth closing early, ideally with help from an experienced Fort Lauderdale criminal defense attorney.

What Marsy’s Law Actually Is

Florida voters approved Marsy’s Law in November 2018 as Amendment 6. It took effect in January 2019 and now lives in Article I, Section 16 of the Florida Constitution, a section pointedly titled “Rights of accused and of victims.” Its companion statute, Section 960.001 of the Florida Statutes, fills in much of the day-to-day detail.

The law hands crime victims a broad set of enforceable rights. A victim can be notified of court dates, be present at hearings, be heard on bond and plea and sentencing, confer with the prosecutor, seek restitution, and keep certain identifying information private. These rights are self-executing, which means a victim can assert them in court without waiting on the Legislature to act.

Why It Matters to a Defendant

Here is the part that often surprises people: The earlier version of this constitutional section said victims’ rights applied only so far as they did not interfere with the constitutional rights of the accused. Marsy’s Law removed that language. The protections for the accused did not vanish. Due process, the presumption of innocence, and the right to confront witnesses all remain. But the explicit tiebreaker that once favored the accused is gone, and that shift plays out in real cases. Continue reading

June 6, 2026

Reckless Boating, Wake Zones, and Manatee Speed Zones: When a Bad Day on the Water Becomes a Crime

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

Here in South Florida, saltwater is life. From the New River downtown to the canals off Las Olas and the open Atlantic past Port Everglades, most days spent boating end with a few good stories and maybe a sunburn. Some, however, end with a citation, a court date, and a frantic search for a Fort Lauderdale boating attorney. The line between a fun afternoon and a criminal charge is thinner than many boaters expect, and it usually comes down to three things: speed, wake, and wildlife.

Reckless and Careless Operation Are Not the Same Thing

Florida law draws a sharp distinction between two kinds of bad boating. Under Florida Statute 327.33, careless operation means failing to run a vessel in a reasonable and prudent manner, with regard for other traffic, posted speeds, and wake restrictions. Careless operation is a noncriminal violation, closer to a ticket than a crime.

Reckless operation is the serious version. It involves a willful or wanton disregard for the safety of people or property. That offense is a first-degree misdemeanor, punishable by up to a year in jail and a fine of up to $1,000. The difference matters enormously. Weaving through crowded traffic near the Intracoastal, jumping another boat’s wake at full throttle, or buzzing swimmers can push a careless lapse into reckless territory. An officer’s judgment in the moment often decides which box gets checked, and that single decision can follow a person for years.

Wake Zones: Slow Down or Pay Up

“No Wake” and “Idle Speed” signs are not friendly suggestions. They carry the force of law. In busy stretches like the Middle River and the residential canals off Las Olas, wake restrictions protect docks, seawalls, moored vessels, and people in the water. A boater who ignores a posted zone and damages property or endangers someone can face a careless or even reckless operation charge under the same statute.

Wake also creates a quiet liability trap. A large wake that swamps a kayaker or slams a smaller boat can spark both a criminal citation and a civil claim. The captain stays responsible for the wake the vessel throws, even after motoring well past it. Continue reading

May 24, 2026

The “Must-Arrest” Reality: What Happens Immediately After a Florida Domestic Violence Call

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

Florida domestic violence laws are written in such a way that almost always: someone is going to jail. Understanding what happens next can determine everything about how this ends.

Florida’s domestic violence statutes mean anyone arrested on such charges cannot be released on bond before their First Appearance hearing — no matter how much money you have, no matter how mild the incident. That hearing happens within 24 hours of arrest. As a Fort Lauderdale domestic violence defense lawyer, I emphasize to anyone facing charges that the decisions you make before and during that hearing can shape the entire case. Your wisest course of action is to hire an experienced lawyer to help you through it.

Why Florida Officers Almost Always Arrest Someone

Florida Statute Section 741.2901 sets out one of the most aggressive domestic violence enforcement frameworks in the United States. It does not merely permit arrest; it creates a presumption that arrest is appropriate whenever an officer has probable cause to believe domestic violence has occurred, even if the alleged victim does not want anyone arrested, even if no visible injury exists, and even if the incident appears minor by any objective measure.

The statute explicitly instructs that “it is the intent of the Legislature that domestic violence be treated as a criminal act rather than a private family matter.” That legislative intent has real-world consequences:

The victim cannot “drop the charges.” Charges are brought by the State of Florida, not by the alleged victim. Even if the complaining party recants entirely, the prosecution can proceed (and often does) on other evidence including 911 recordings, officer observations, and photographs
Officer discretion is severely limited. If an officer has probable cause — meaning they believe domestic battery is more likely than not to have occurred — arrest is the required response in most circumstances. Mediating and leaving is generally not an option
Both parties can be arrested. Florida law allows for dual arrests when officers find mutual aggression. Both people in the home can be taken into custody simultaneously
Prior relationship matters, not current status. Florida’s domestic violence statutes cover current and former spouses, people who share a child, current or former household members, and people in dating relationships — regardless of whether they still live together

The practical effect is that a call to 911, made in anger, made by a neighbor, or made in a moment that quickly de-escalated, can trigger an arrest that neither party wants and that cannot be undone by the time cooler heads prevail. Understanding this is the first step to navigating what comes next.

The First 24 Hours: A Timeline

The period immediately following a domestic violence arrest in Florida is governed by a rigid procedural sequence.

The No-Bond Hold: Why You Cannot Just Post Bail

This is the piece that catches families most off guard. In most criminal arrests in Florida, a bond amount is set at booking, and the arrested person can be released within hours by paying that bond or using a bondsman. Domestic violence arrests do not work this way.

Under Florida Statute Section 741.2901(3), a person arrested for domestic violence shall be held in custody until brought before the court for First Appearance. No amount of money, no matter how large, can secure their release before that hearing. No bondsman can post bail because no bail has been set. The person is legally required to remain in custody until a judge sees them, which must happen within 24 hours of arrest under Florida Rule of Criminal Procedure 3.130.

What this means practically: if someone is arrested at 11 PM on a Friday, they will almost certainly spend the weekend in jail before seeing a judge, because “within 24 hours” in practice can stretch to the next available First Appearance docket. First Appearance hearings in Broward County occur daily, including weekends, but the timing depends on when in the day the arrest occurred and how quickly booking is processed.

What Happens at First Appearance