Fort Lauderdale Criminal Attorney Blog

August 10, 2015

Bretherick v. Florida – Stand Your Ground Immunity is Defense Burden

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

The Florida Supreme Court has once again taken on the issue of the controversial “Stand Your Ground Law,” ruling explicitly that the burden is on the defendant to prove he or she is entitled to immunity under this statute.

In Bretherick v. Florida, defendant had argued the onus was on the prosecution to show why such immunity did not apply. Amicus curiae briefs were filed with the court by the National Rifle Association of America and Florida Carry, Inc. in support of defendant.

The district court denied defense motion to dismiss on these grounds. Florida’s Fifth District Court of Appeal then affirmed that by finding it was the defendant who had a burden to prove, by a preponderance of the evidence, at the pretrial evidentiary hearing, that he or she is entitled to immunity. However, the 5th DCA then certified the question to the state supreme court for review as a matter of great public importance. Justices with the Florida Supreme Court agreed with the 5th District panel.
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August 6, 2015

Cohen v. Florida – Phone Call Gets Man 25 Years Prison

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

Violations of probation in Florida can be extremely serious matters.

Many criminal cases are resolved through plea agreements that offer plaintiff an opportunity to avoid a lengthier jail or prison term by submitting to community control (i.e., probation). However, a person who does not abide by the terms of that probation could face severe repercussions – up to and including imposition of the full sentence they would have otherwise faced on the previous charges.

This is why probation violation cases need to be handled by an experienced criminal defense attorney. The stakes can be enormously high, and it’s not a risk you want to take.
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August 3, 2015

Parents Criminally Charged When Children Access Guns in Florida

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

A father in Davie recently came under police scrutiny after he allegedly shot his 12-year-old daughter on accident while teaching her about gun safety. Police decided ultimately not to arrest him.

The girl was admitted to a local hospital with a gunshot to her left forearm, and the injury wasn’t considered life-threatening. The injury reportedly occurred when the father was trying to show her how to safely draw a firearm from his pocket.

Investigation is still ongoing, and while police haven’t charged him, that decision will be reviewed by the state attorney’s office. Other parents in similar situations have not evaded criminal charges.
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July 28, 2015

South Florida Father Sentenced to 5 Years Prison for Shaken Baby

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

For the death of his 5-month-old son as a result of violent shaking, a Lake Worth man will serve five years in prison after pleading guilty to manslaughter.

Initially, defendant had been charged with first-degree murder and faced up to 30 years in prison. Defendant’s wife, the child’s mother, supported defendant and the two even went on to have another child, a daughter, after the death of their son.

This may have prompted prosecutors to agree to a plea deal with much lesser prison time than what he could have served. As part of the deal, prosecutors dropped the first-degree murder charge and child abuse charge in exchange for a guilty plea to manslaughter. Even that charge carries a possible prison sentence of up to 15 years. That he had no prior criminal record, authorities say, also factored into the agreement for him to serve less time.
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July 23, 2015

South Florida Embezzlement Arrests After $80k Stolen

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

Two insurance underwriting company employees were arrested in Hollywood, accused of embezzling at least $25,000 but possibly as much as $80,000 from the firm.

The workers, age 31 and 41, are accused of taking some customer’s monthly cash premiums and pocketing them, while at the same time recording the payment was made to the business.

Problems arose, however, when deposits fell short of the recorded amounts. One woman is accused of taking $16,000 and another $7,000. Another $1,700 was paid by a customer to one of the women, though he could not remember which. Detectives say the investigation is ongoing, and it’s probable more charges will be filed as more information becomes available.
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July 14, 2015

Moss v. Florida – New Trial in Sex Crime Case After Evidence Error

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

A Florida man convicted of burglary of an occupied dwelling and sexual battery will receive a new trial after an appeals court agreed the trial court wrongly entered evidence of statements he made to authorities prior to his arrest.

In Moss v. Florida, the state’s 1st DCA found there was sufficient evidence to show defendant exercised his right to remain silent during the second questioning.

The law affords suspects in criminal cases the right to remain silent. However, thanks to ill-advised and over-simplified television programs, there is vast misunderstanding as to what exactly these rights are and when and how they may be invoked.

A “Miranda Warning” as it is called, is derived from the First Amendment protection against self-incrimination. This advises suspects what they cay can be used against them in court, that they have the right to consult a lawyer, that the lawyer can be present during questioning, that a lawyer represent them free of cost if they can’t afford one and that they have the right to stop answering police questions at any time. This warning must be provided when a person is interrogated while in police custody (a situation in which a reasonable person in suspect’s situation would not feel free to leave).
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July 10, 2015

“High-End” Prostitution Ring Leader Gets 3 Years Federal Prison

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

A man who reportedly directed a high-stakes prostitution ring in South Florida – one with ties to a law firm tainted by a huge Ponzi scheme scandal – has been sentenced to three years in federal prison.

The 51-year-old defendant admitted guilt for arranging encounters with prostitutes from his “high-end adult escort agency” to wealthy clients throughout South Florida and in other cities. Some of the women employed by the operation were Florida natives, although some were recruited from some Eastern European countries.

Posing as tourists, the women were housed in various locations across the Pompano Beach area, but on occasion traveled on “tours” in cities like Chicago, Washington, D.C. and Baltimore, where sexual encounters with various clients were arranged.
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July 10, 2015

Family Jailed in Botched Florida Shoplifting Attempt

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

A mother and her two adult children were arrested after an apparent attempt at group shoplifting ended in violence, with two workers alleging they were spat on and battered.

The incident reportedly happened in Sunrise, where authorities arrested a 59-year-old woman, her 27-year-old son and her 20-year-old daughter.

According to news reports:
The family members allegedly began hiding items inside the 20-year-old’s pink purse. The trio then walked to the front of the store, where police allege they attempted to leave without paying for the hidden merchandise.
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July 8, 2015

Rapper “Diddy” Avoids Felony Charge Following Coach Attack

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

Rapper and music mogul Sean “Diddy” Combs will avoid felony charges after an incident in which he allegedly swung a kettlebell weight during an angry confrontation with one of his son’s college football coaches.

Initially, Combs was arrested on a number of serious crimes, including battery, making criminal threats and assault with a deadly weapon.

In California, where this incident occurred, the crime of “assault” is what is known as a “wobbler,” which means prosecutors have the discretion to decide whether to file the charge as a felony or misdemeanor, based on the totality of the circumstances.

Some factors they may consider include:
–Prior criminal history
–Whether anyone was injured
–Strength of the evidence Continue reading

July 6, 2015

Wiechert v. Florida – Proving Value of Property in Theft Cases

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

In many Florida theft cases, a key point in determining one’s sentence upon conviction is proving the value of the items allegedly stolen.

For example, a person who steals less than $300 worth of valuables may be charged with petit theft, which is a second-degree misdemeanor. However, once the value exceeds that amount, it becomes a third-degree felony, punishable by up to five years in prison. (This is true unless items are stolen from a residence, in which case the threshold is just $100.)

Per F.S. 812.014(2)(c)(1), other aggravating factors may enhance the level of crime and subsequent penalty. For instance, if the stolen item was a firearm or was taken from a law enforcement officer or vehicle, the punishment is likely to be much harsher.
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