Attorney Richard Ansara

September 15, 2016

Florida Man Arrested by Federal Authorities for Online Threats

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

A Florida man has been arrested by the FBI on federal charges for allegedly making Facebook threats against the LGBTQ community at events in both Wilton Manors and nearby Fort Lauderdale, according to The Sun-Sentinel.

Fifty-year-old Craig Jungwirth is accused of violating federal statutes on interstate commerce when he reportedly made reference to the Pulse nightclub massacre in Orlando and made numerous threats against LGBTQ events planned over Labor Day weekend. Additionally, he was charged with driving on a suspended license, an unrelated offense.

A six-page FBI affidavit that formed the basis for the arrest accuses Jungwirth of sending communication that threatened to kidnap or injure another person. A conviction on the federal charge could result in up to five years in prison, a $5,000 fine or both. He was taken to jail in Seminole County, but is facing charges in federal court. Continue reading

September 6, 2016

Patterson v. Florida – Due Process Implications of Destroyed Evidence

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

The Florida Supreme Court has sided with state prosecutors over a criminal defendant in a due process dispute that created conflict between Florida appellate courts.

In the case of Patterson v. Florida, the state high court sided with the 1st District Court of Appeals, which found no due process violation in a case where testimony was admitted from state experts who physically examined evidence prior to its destruction, where a defense expert didn’t have the same opportunity. The 1st DCA had ruled it was only a due process violation if the destruction of evidence happened in bad faith. However, the 4th DCA, when faced with the same issue in Lancaster v. State, a 1984 case, the court had ruled that where destroyed evidence was potentially useful to the defense, this is a due process violation, regardless of whether the destruction was in bad faith.

The state high court in reaching this conclusion relied on the 1988 U.S. Supreme Court case of Arizona v. Youngblood, which held the state’s loss or destruction of evidence that’s potentially useful to the defense violates due process only when done in bad faith. In the Patterson case, the court ruled there was no due process violation because there was no evidence of bad faith. Continue reading

August 6, 2016

Murder Sentence of Florida Man Convicted as Teen Reviewed

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

Earlier this year, the U.S. Supreme Court ruled that people sentenced to life in prison as minors deserve to have their cases reviewed to determine whether there is any chance they may in fact be eligible for parole.

Now, the effect of that retroactive split 6-3 decision is that courts are beginning to take on these sentencing reviews of decades-old cases.

Our Fort Lauderdale defense attorneys know this type of situation requires a legal team with extensive experience. Even though the entire case isn’t being retried, many of the considerations that will need to be weighed will involve delving into decades-old circumstances. We would look to see how we might counter any aggravating factors raised by the prosecution and how to effectively present any mitigating circumstances that may serve to lower the final sentencing. Continue reading

June 1, 2016

ProPublica: Racial Disparity Alleged in Florida Criminal Risk Assessment Tools

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

The study of predicting which criminals are more likely to commit future crimes has been one of great interest for many years, and it’s given birth to computerized systems in the U.S. known as “criminal risk assessment tools.” Criminologists say there is a public interest in recognizing which individuals may be more dangerous before it is decided how long their sentence should be and when or whether they should be released.

Prior to the 1970s, these predictions routinely factored race, skin color and nationality. The following decade, as the country was in a midst of a crime wave, lawmakers imposed many mandatory minimum sentences and removed discretion from the hands of prosecutors and judges. That meant there was less important to evaluate individual offenders, but then states started grappling with overflowing prisons and jails. And that’s where criminal risk forecast has swung back into routine use.

As detailed in a recent ProPublica article, dozens of computerized risk assessments are being used nationally – including right here in Broward County. These programs made by for-profit firms weigh dozens of various factors. However, the researchers found that these scores have been cited repeatedly by judges at sentencing hearings, and what’s more, the results tend to be skewed along racial lines. Black defendants are often deemed to have a much higher risk assessment, even when the crimes are similar and the statistics are controlled for other factors. Continue reading

May 26, 2016

Florida Death Penalty May be Doomed

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

The death penalty in Florida may be on its last leg.

Recently, the Florida Supreme Court nixed the state’s practice of having a judge – rather than a jury – decide a person’s fate in a death penalty case. Then there was the judge in Miami who struck down Florida’s death penalty law as unconstitutional because the state allows a majority – rather than a unanimous – jury decision to determine whether someone should die for their crimes.

Now, there is yet another hurdle for the state: The only three federally-approved sources that provide the lethal mix of injectable drugs used in Florida executions have withdrawn their use for this purpose.

Pfizer, a huge pharmaceutical manufacturer, has stated it wants its medications to be associated with saving lives, rather than ending them. It argues there is no legitimate medical purpose to execute someone. Continue reading

February 29, 2016

Florida Manslaughter Charges Dropped for Ansara Law Firm Client

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

South Florida Defense Attorney Richard Ansara of The Ansara Law Firm successfully defended a client charged with manslaughter following a 2013 fatal shooting in Boca Raton.

As The Sun-Sentinel recently reported, Palm Beach County Circuit Judge Glenn Kelley dismissed the second-degree felony case against 25-year-old client Joshua Henry of Pompano Beach. Henry originally faced up to 15 years in prison. He is now a free man.

Ansara aptly argued that the events resulting in the death of Justin Holt, 22, were the result of a “tragic accident,” not criminal action. Continue reading

January 29, 2016

New Broward Mental Health Diversion Off to Start, But a Slow One

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

Following a scathing report criticizing treatment of mentally ill defendants who languish sometimes for years in the criminal justice system (and six times longer than a person with comparable charges in regular court , the Broward State Attorneys Office devised a partial solution: A mental health diversion program that would get people out of the criminal justice system.

The idea, modeled after a program launched in Miami-Dade in 2008, focuses on treatment – rather than incarceration – for those who are mentally ill. Non-violent offenders without lengthy rap sheets who have been diagnosed with a severe mental illness would be vetted by the state attorneys office. Those accepted would receive housing support, therapy, medication management and other assistance. Those who successfully complete the program (in six months to a year) would be allowed to have the criminal charges dropped.

It’s a start, critics say, but so far, the program has accepted just one applicant. What’s more, even when it reaches capacity at 60 defendants, that’s not going to make much of a dent when there are an estimated 1,200 cases overflowing in felony mental health court. Plus, there is no guarantee of assistance to those who are already enmeshed in the system, charged with minor felonies. Continue reading

January 26, 2016

Florida Man Acquitted of Stalking to Face Additional Charges

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

A man from Boca Raton who was acquitted last fall of felony stalking charges involving a neighbor is now facing additional stalking charges involving a former business partner.

Ahmad Dastjerdi, 55,was found not guilty of third-degree felony stalking in September after leaving about five dozen profanity-laced voicemail messages on his neighbor’s phone. Although the target of those messages stated they made him fear for his safety and that of his family, jurors ascertained after three days of testimony that it amounted only to misdemeanor harassment. He was given the maximum sentence allowable under state law for that charge – 60 days in jail – but he evaded a possible five-year prison sentence with his acquittal on the more serious felony charge.

Now, Dasterjedi is facing similar charges. He is accused of one count of feony aggravated stalking. He was arrested and jailed, but the judge set his bail at $5,000, provided he remains on house arrest with a GPS ankle monitor while he awaits trial. He’ll be allowed to leave his residence for work. He also is not allowed to have access to any weapons and he can’t have any contact with the alleged victim, his former business partner. Continue reading

January 6, 2016

Report: Mentally Ill Lost in Broward Courts Shuffle

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

It should come as little surprise that persons who are mentally ill comprise a significant portion of the incarcerated population. A recent report by the Treatment Advocacy Center indicated that American prisons and jails house an estimated 360,000 inmates with mental illness – or about 10 times the number of mentally ill patients in state psychiatric hospitals.

Now, the South Florida Sun-Sentinel has taken a look at that issue from a micro perspective, analyzing how it has affected those specifically in Broward County.

The crux of what reporters discovered is this:

Those charged with minor felonies in Broward’s mental health court face punishment even when they are never found guilty;
These individuals spend six times longer in the criminal justice system than those in regular court;
About one-third of these individuals spend five years or more in the criminal justice system – even with no conviction at all!

November 27, 2015

Florida Hit-and-Run Captured on Electronic Devices

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

Most criminal lawyers will tell you eye witness testimony is incredibly unreliable. There are often many ways to successfully challenge eye witness accounts in court.

However, it can be much more challenging when the “witness” is a camera. In this digital age, where everyone has a smartphone, surveillance cameras are everywhere and even traffic signals come equipped with the ability to capture images, that’s becoming an increasing reality in many cases.

This was underscored recently in the case of a Sunrise hit-and-run crash last month. Continue reading