Fort Lauderdale Criminal Attorney Blog

October 9, 2024

How a Broward DUI Conviction Can Impact Your Professional License

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

If you’re a licensed professional in Florida and have been charged with driving under the influence (DUI), the potential consequences extend far beyond fines, license suspension, or jail time. One of the most significant impacts you may face is the threat to your professional license, which can directly affect your livelihood. Whether you’re a healthcare provider, lawyer, teacher, or hold another type of professional certification, a Broward DUI conviction can trigger disciplinary actions by your licensing board.

As a Fort Lauderdale criminal defense attorney experienced in handling DUI cases, I understand how vital your professional license is to your career and future. Here, we’ll explore how a DUI charge or conviction can impact your professional standing in Florida and the strategies that can be employed to minimize these adverse effects.

How Does a DUI Impact Professional Licenses?

In Florida, many professions are regulated by licensing boards, which set strict ethical and legal standards for their members. When a licensed professional is charged with or convicted of a DUI, it’s common for these boards to conduct their own investigation to determine if the offense constitutes a violation of their regulations. The severity of the impact depends on several factors:

Type of Profession. Different licensing boards have varying levels of scrutiny when it comes to DUI charges. For example, healthcare professionals, including doctors and nurses, are often held to particularly high standards, and a DUI may be seen as a risk to patient safety. Lawyers, educators, real estate agents, and financial professionals may also face disciplinary action after a DUI.
Type of DUI Charge. A first-time misdemeanor DUI may lead to lesser consequences compared to a felony DUI. A felony DUI is typically charged when the offense involves repeat offenses, injury, or death, and carries more severe penalties, both in criminal court and with licensing boards.
Aggravating Factors. Certain circumstances can increase the severity of the DUI charge and the likelihood of professional consequences. For instance, a DUI with a high blood alcohol content (BAC), a minor in the vehicle, or an accident resulting in injury can have a more substantial impact on your professional license.
License Renewal and Disclosure. Most professional boards require licensees to disclose any criminal convictions, including DUIs, when renewing their license. Failing to report a conviction can result in even more severe penalties than the DUI itself, including license revocation.

Potential Consequences from Licensing Boards

If you’re convicted of a DUI in Broward County, you could face several types of disciplinary action from your professional licensing board, including: Continue reading

October 5, 2024

How Broward Domestic Violence Charges Can Impact Child Custody

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

One of the most pressing concerns for many criminal defense clients facing Broward domestic violence charges is how it could potentially impact child custody. It’s important to understand that in addition to criminal case restrictions and penalties, domestic violence charges and convictions can significantly affect your ability to gain or maintain custody of your children.

Family courts in Florida prioritize the safety and well-being of children above all else. Although these cases are separate (with domestic violence charges generally being handled in criminal court and child custody matters handled in civil court), allegations of domestic violence can result in severe consequences for parents – even before criminal conviction.

Working with an experienced domestic violence criminal defense lawyer, you may benefit from well-planned defense strategies that can help minimize the negative impact in both criminal and civil courts.

The Connection Between Domestic Violence and Child Custody

In Florida, family courts are obligated to consider the best interests of the child when determining custody arrangements. Florida Statutes § 61.13 specifically direct judges to consider domestic violence as a key factor when making custody decisions. Even allegations of domestic violence, whether they result in a conviction or not, can impact the court’s view of a parent’s fitness to care for their child.

Here are the primary ways domestic violence charges can affect child custody: Continue reading

September 30, 2024

Can a Broward Domestic Violence Charge Be Dropped?

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

One of the most common questions I get as a criminal defense attorney representing clients against Broward domestic violence allegations is, “Can the charges be dropped? What if the victim no longer wants to press charges?”

While it might seem straightforward that a case should be dropped if the alleged victim changes their mind, the reality is far more complex. In Florida, domestic violence cases are treated seriously, and decisions to prosecute are ultimately made by the state — not the alleged victim.

While this is technically true in pretty much all criminal cases, prosecutorial discretion in domestic violence cases very often errs on the side of moving forward with the case even when it’s against the alleged victim’s wishes. That’s because it’s coercion and manipulation are well-known patterns in domestic violence cases. It’s true that the state’s case may be weaker if the victim won’t cooperate, but that doesn’t mean they can’t still win.

Can Domestic Violence Charges Be Dropped?

In Florida, domestic violence charges are brought by the state. That means that once an arrest is made, the case is in the hands of the prosecutor. The alleged victim’s wishes are taken into consideration, but they do not have the power to “drop” the charges themselves. Even if the alleged victim no longer wants to pursue the case, the state attorney’s office may still choose to move forward with prosecution.

Prosecutorial Discretion

Florida operates under what is known as prosecutorial discretion. This means that after reviewing the evidence, the prosecutor decides whether or not to continue pursuing charges.

Domestic violence cases, in particular, are treated with caution due to concerns about the safety of the alleged victim and the possibility of coercion. Prosecutors are trained to recognize situations where an alleged victim might feel pressured to recant their story or withdraw their desire to prosecute.

The State of Florida has a vested interest in preventing domestic violence and protecting victims, so even if the alleged victim refuses to testify or wants to drop the case, the prosecutor may proceed.

The prosecution can rely on other forms of evidence, such as: Continue reading

September 15, 2024

Misdemeanor vs. Felony DUI in Florida: What’s the Difference?

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

If you’ve been charged with driving under the influence (DUI) in Fort Lauderdale, you may be wondering whether you are facing a misdemeanor or felony charge. The distinction between the two is crucial, as it can greatly impact the penalties you face and the long-term consequences on your life. As a Fort Lauderdale criminal defense attorney, I often get asked about this difference and how it affects the defense strategy.

What Is a Misdemeanor DUI?

In Florida, most DUI charges are classified as misdemeanors. This is especially true for first-time offenders. A misdemeanor DUI generally occurs when someone is caught driving with a blood alcohol concentration (BAC) of 0.08% or higher or is under the influence of alcohol, drugs, or a combination, without causing significant harm to others.

September 7, 2024

Understanding Florida Domestic Violence Laws: What Every Fort Lauderdale Defendant Should Know

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

As a Fort Lauderdale criminal defense attorney, I’ve represented many individuals facing domestic violence charges. I understand the serious legal consequences that these charges can bring. If you or someone you know has been accused of domestic violence in Fort Lauderdale, it’s critical to understand the legal framework surrounding these cases.

Florida’s domestic violence laws are designed to protect victims — also provide avenues for a robust defense if you are wrongfully accused or if the circumstances are not as clear-cut as they may initially seem.

Here’s what every defendant should know about domestic violence laws in Florida and how a skilled Fort Lauderdale criminal defense attorney can help navigate these complex cases.

What Constitutes Domestic Violence in Florida?

Under Florida law, domestic violence is defined as any assault, battery, stalking, kidnapping, false imprisonment, or other criminal offense resulting in physical injury or death of one family or household member by another family or household member. This broad definition covers a wide range of actions that can be considered domestic violence, including:

Physical Assault: Hitting, pushing, slapping, or otherwise physically harming a partner, spouse, or family member.
Threats of Violence: Threatening harm, even if no physical contact occurs.
Stalking or Harassment: Repeatedly following or contacting someone in a way that causes fear or distress.
Kidnapping or False Imprisonment: Restricting someone’s freedom to leave a location or situation.

Domestic violence laws in Florida also apply to people who share or have shared a dwelling as a family, including spouses, former spouses, co-parents, and individuals who are or were in a dating relationship. This broad scope means that even disputes between people who aren’t married but live together or have a child together can lead to domestic violence charges.

Penalties for Domestic Violence in Florida

August 22, 2024

Digital Forensics in Fort Lauderdale Domestic Violence Cases

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

In today’s digital age, technology plays a significant role in legal proceedings, including domestic violence cases. Digital forensics is the process of uncovering and interpreting electronic data. It’s become crucial to evidence-gathering in Florida criminal cases.

As a Fort Lauderdale domestic violence lawyers, we recognize it’s important for defendants to recognize how digital forensics can impact their case. We also know DV cases in particular tend to deal with a lot of sensitive information. Florida sunshine laws mean that your case is a matter of public record. That said, we’re diligent in helping clients protect their privacy in these matters as much as possible.

The Role of Digital Forensics in Domestic Violence Cases

Digital forensics is the fancy term we use to describe collecting, preserving, analyzing and presenting digital evidence from varying electronic devices and online platforms. In domestic violence cases, this evidence may include:

Text messages and emails (communications scrutinized for evidence of harassment, abusive language or threats).
Social media posts (comments, posts, photos, messages that may provide insight into relationship dynamics or provide proof of alleged instances of abuse or threats).
Phone records and call logs (establish patterns of communication and corroborate or refute claims made by either party).
GPS data (location to verify a person’s location, presence/absence at certain places and times, etc.).
Audio and video recordings (capture alleged incidents or alleged abuse or interactions between parties).

Courts can subpoena this information, of course, but you don’t have to make it easy for prosecutors to build a case against you. Do your best to secure your devices and accounts with strong passwords. Regularly update your privacy settings. Backup sensitive data and use encrypted communication channels. Your communications could still end up in court, but these measures could potentially lessen that likelihood.

When Digital Evidence is Used Against You in a Broward DV Case

August 8, 2024

Character Witnesses Key in Broward Domestic Violence Cases

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

Character witnesses can play a pivotal role in domestic violence trials, offering testimony that speaks to the defendant’s moral character, behavior and reputation in the community. As our Broward domestic violence defense lawyers can explain, these insights serve to provide the court with a broader perspective of who the defendant is beyond the charges they face.

It humanizes them. They aren’t just a case number or one of the hundreds of other defendants they’ve seen that month. Especially when the case relies heavily on he-said-she-said evidence, bringing in other perspectives of the defendant’s character can potentially mitigate the penalties he or she is facing.

Character witnesses won’t necessarily be brought into every domestic violence case. But it can be part of a smart criminal defense strategy, even if it only slightly softens the court’s perception of the defendant.

Character Witness Role

Character witnesses are brought in to testify about a person’s personality, behavior and overall character. Their testimony serves to refute the prosecution’s portrayal of the defense as a perpetrator of domestic violence, suggesting instead that the alleged behavior was out-of-character for the defendant. This sort of context spotlights the defendant’s positive attributes, bolstering their credibility and potentially even casting doubt in the minds of the judge or jury.

Character witnesses are most commonly: Continue reading

August 2, 2024

Verifying Fort Lauderdale Domestic Violence Restraining Orders Will Soon Get Easier

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

A new Florida statute going into effect Oct. 1, 2024 will make it easier for law enforcement officers to verify whether you’re in violation of a Fort Lauderdale domestic violence restraining order.

The new law allows recipients of Florida protection orders to carry a single, wallet-sized card, called “Hope Cards,” to prove the valid status of an active restraining order.

As our Broward criminal defense lawyers can explain, those who secure a domestic violence protection order in Florida are generally expected to carry a physical copy of that order around at all times in order to quickly demonstrate to law enforcement that validity of the order. Otherwise, the police have to spend some time combing through the system to find and verify it. The problem with this, according to many victims’ advocates, is that those orders can easily be 9-10 pages long. They aren’t convenient to tuck into a purse or pocket.

Having an electronic copy is better than nothing, but they don’t have the benefit of a seal of the clerk of the court. Police can’t make an arrest for violating an order until they first verify that the order exists and is current.

Enter the Hope Cards.

What Hope Cards Will Mean in Florida Protection Order Violation Cases

They’re wallet-sized cards that are issued by the Clerk of Courts. More durable and convenient than keeping the whole order on hand.

Florida isn’t the first state to do this. Montana was the first. Half a dozen others followed. The cards cost about $40 each, but the state has received $705,000+ in funding to get it started. Grants and private donations may cover the rest.

As far as what this means for defendants accused of violating a domestic violence restraining order in Fort Lauderdale: Probably not much. Having that card on hand could result in faster turnaround on arrests. It could maybe result in more arrests and convictions if that faster turnaround means officers are able to follow up sooner and, in doing so, preserve certain evidence of relevance that they may not have otherwise. But that’s a lot of “ifs.”

Penalties for Violation of Fort Lauderdale Restraining Order

July 9, 2024

Fort Lauderdale Domestic Violence Attorney Details Most Effective Defenses

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

Fort Lauderdale domestic violence arrests are among the more common Broward County criminal offenses.

In a single recent year, there were more than 5,600 reported allegations of domestic violence in Broward – with 450 each from Fort Lauderdale and Hollywood Police Departments, according to FDLE.

But an allegation doesn’t equal an automatic arrest, and nor does an arrest equal an automatic conviction. You must take the charge seriously, of course, but the proof burden is on prosecutors — and domestic violence cases are notoriously tough to prosecute, particularly when the defendant has a good attorney. There are several strategies that can be employed by a highly-skilled Fort Lauderdale domestic violence attorney which have proven extremely effective in minimizing the fallout this will have to your life.

It Starts With Fact-Finding

To determine which strategy will be most effective, a Fort Lauderdale criminal defense lawyer is likely going to want to know more about:

Did the alleged victim have any wounds? If so, what was the nature of those wounds? Were they old or new? Were they examined by a medical doctor – and when?
Did you make any incriminating statements – to witnesses, to police, in jail, etc.? (We always urge clients as much as possible to ZIP IT – before, during, and after arrest. Defendants almost never explain their own way out of a jam. Let your attorney do the talking.)
Was there a 911 recording? Surveillance footage? Cell phone recordings? If so, to what extent does it undermine your case?
What was the condition of the scene when police arrived? Any evidence of a violent episode?
What was the emotional state of both parties when police arrived? Did either party appear intoxicated?
Does the accused have any history of violence, either toward the accuser or others?
What were the officer’s observations? Which version of events does it seem to support?

Once we have all this information, we’ll explore which domestic violence defense strategy makes the most sense for your Broward domestic violence charges.

Fort Lauderdale Domestic Violence Defense Strategies

July 3, 2024

Penalties for a Fort Lauderdale DUI Arrest

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

A Fort Lauderdale DUI arrest has the potential to do more than halt your driving privileges. It can result in jail time, major fines, and close the door to many opportunities – including those years down the road that may not even be on your radar yet. It can be tough to wrap your mind around the fact that one mistake made in a moment of poor judgment can have such a serious and lasting impact – but it’s true. The best way to minimize a negative outcome and long-term implications (some of which you may not have even realized existed) is to hire a Fort Lauderdale DUI defense attorney.

While driving impaired is often a one-time error for a lot of people, it’s something police in Broward County come across a fair amount. According to the Florida Department of Law Enforcement (FDLE), there are roughly 1,300 DUI arrests in Broward in an average year. Along with assaults, drug arrests, and theft, it’s among the top 5 most common criminal charges filed in Broward County.

Florida DUI Statutes

F.S. 316.193 is the primary Florida DUI statute. It spells out the criteria for determining driver impairment and the potential penalties.

One of the first things people want to know after a DUI arrest is, “Am I going to jail?” The answer is, “Probably yes, at least for booking. But how long you stay there – and the seriousness of the other penalties you face thereafter – depends on a number of factors that are going to be specific to your case.”

If it’s your first offense, you’re over the age of 21, don’t have a BAC of 0.15% or higher and you didn’t cause an accident, hurt anyone, or have a child under 18 in the car, you’re most likely facing a second-degree misdemeanor. You’ll be looking at fines ranging from $500 to $1,000, up to 6 months in jail, up to 1 year of probation, 50 hours of community service, vehicle impoundment, possible interlock ignition mandate, and completion of a DUI substance abuse course. Continue reading