Fort Lauderdale Criminal Attorney Blog

March 17, 2025

St. Patrick’s Day DUIs in Fort Lauderdale: What You Need to Know

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

Every March 17th, Fort Lauderdale comes alive with shades of green, Irish tunes and the clink of celebratory drinks. St. Patricks’ Day is a time for fun and festivities here in South Florida, complete with parades and parties. However, St. Patrick’s Day also typically sees a sharp rise in drunk driving arrests. If you or someone you love is now facing a DUI charge after a St. Patrick’s Day celebration, it’s unwise to count on a stroke of good luck to protect your future.

At The Ansara Law Firm, our Fort Lauderdale criminal defense attorneys believe your future is worth protecting, and we won’t let you face the criminal justice system alone. We’ve seen firsthand how a single DUI arrest can impact a person’s life. But we’ve also helped many individuals navigate Florida’s legal system, preserve their rights, and move forward with strength and dignity.

The Reality of St. Patrick’s Day DUIs in Fort Lauderdale

According to the National Highway Traffic Safety Administration (NHTSA), St. Patrick’s Day consistently ranks among the top holidays for alcohol-related crashes. Nationally, there were 290 people killed in alcohol-impaired crashes during the St. Patrick’s Day holiday – from 6 p.m. March 16th to 6 a.m. March 18th – between 2018 and 2022. Drivers who are young (21 to 34), male, and driving at night were overrepresented in the crash statistics.

Florida is no exception to this troubling trend. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports March consistently sees a spike in DUI arrests and alcohol-related crashes, especially mid-month during St. Patrick’s Day celebrations. (Spring break festivities undoubtedly play a role as well.)

Law enforcement agencies across the state, including those in Fort Lauderdale and throughout Broward County, ramp up DUI checkpoints and saturation patrols around this time of year specifically for that reason. So even if you aren’t involved in a crash, you’re more likely to get arrested for a DUI around this time simply because police are specifically on the lookout for impaired drivers.

Florida DUI Laws and Penalties

If you’re arrested for DUI in Fort Lauderdale, it’s essential to understand the legal definitions and potential penalties. Under Florida Statute F.S. 316.193, a driver can be charged with a DUI if they:

Have a blood-alcohol concentration (BAC) of 0.08% or higher, or
Are under the influence of alcohol or drugs to the extent that their normal faculties are impaired.

That last bit is somewhat subjective. As a DUI defense lawyer can explain, law enforcement officers will use their own personal observations, as well as information gleaned from field sobriety tests, in determining whether one’s “normal faculties are impaired.” Unlike breathalyzer tests, field sobriety tests (such as the walk-and-turn and the horizontal gas nystagmus test) are not mandatory and you can decline to submit to them.

For a first-time DUI in Fort Lauderdale, penalties include:
Up to 6 months in jail (or up to 9 months if your BAC is 0.015% or higher OR if a minor child was in the vehicle at the time of your arrest)
Fines between $500 and $1000 (or up to $2,000 if your BAC is 0.15% or higher)
License suspension for 6 months to 1 year
Probation for up to 1 year
50 hours of community service
Vehicle impoundment for 10 days

Beyond the clear legal consequences, a DUI conviction can have other lasting repercussions on your life. These include: Continue reading

March 10, 2025

Common Misconceptions About Fort Lauderdale Domestic Violence Cases

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

Domestic violence charges in Fort Lauderdale can have life-altering consequences — but many of our clients walk through the doors burdened with myths and misunderstandings of how these cases work under Florida law. Separating fact from fiction is essential when navigating the criminal justice system.

Hiring an experienced criminal defense lawyer is crucial to protecting your future, but it’s also important to become informed about some of the most common misconceptions about domestic violence cases.

Misconception #1: Domestic Violence Charges Can Be Dropped by the Alleged Victim

One of the most widespread misunderstandings in domestic violence cases is that the alleged victim can simply “drop the charges.” In Florida, the reality is that once an arrest is made for domestic violence, the case becomes the responsibility of the State Attorney’s Office, not the alleged victim. Even if the accuser wants the case dismissed, the prosecutor can – and often does – pursue charges regardless.

Under Florida Statute 741.28, domestic violence includes assault, battery, sexual assault, stalking, kidnapping, or any criminal offense resulting in physical injury or death to a family or household member. Once law enforcement determines there is probable cause, an arrest is typically mandatory. The state may use evidence such as 911 recordings, witness statements, medical reports, or photographs, even if the accuser is unwilling to testify.

Misconception #2: A First-Time Offense Isn’t a Big Deal

Many people underestimate the seriousness of a first-time domestic violence charge. Florida law imposes strict penalties even for first-time offenders. A misdemeanor domestic battery conviction under Florida Statute 784.03 can carry up to one year in jail, a year of probation, mandatory completion of a 26-week Batterer’s Intervention Program (BIP), and fines.

More importantly, a domestic violence conviction cannot be sealed or expunged—even if it is your first offense. A permanent criminal record can affect employment, housing, custody rights, and immigration status. In some cases, a no-contact order will be issued, forcing you to leave your home or stay away from your children.

Misconception #3: If There Was No Injury, It’s Not Domestic Violence

Another misconception is that physical injury must occur for a charge to qualify as domestic violence. In reality, even minimal contact—or the threat of it—can result in charges. Florida law intentionally defines domestic violence broadly. For example, pushing, grabbing, or throwing an object (even if it misses) may constitute battery or assault.

In State v. Hearns, the Florida Supreme Court in 2007 reaffirmed that acts of violence do not need to result in physical harm to be prosecutable under domestic violence statutes. What matters is the intent and context of the act—not the severity of the injury.

Misconception #4: A Conviction Is Guaranteed if the Police Made an Arrest

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