Articles Posted in Attorney Richard Ansara

In some Fort Lauderdale felony defense cases, the defendant can be ordered to pay restitution and compensation to any victims who may be involved.

In traffic cases, if you are or were an insured driver, depending on your policy, it’s possible that your insurance company may cover your restitution costs. If you weren’t insured or if the insurance won’t cover that amount, you will be expected to pay it out-of-pocket. This is separate from any compensation you may be compelled to pay as part of any civil lawsuits brought against you by the victims.

Keep in mind that if you are found guilty in the criminal case, that information can be used against you in subsequent civil action. Another reason to invest in an experienced Fort Lauderdale defense lawyer.
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One of the smartest things a person can do if stopped by a police officer is decline consent to a search – be it of your vehicle, your home or your persons.

It may not prevent the search from taking place. It may not even prevent your arrest. But clearly refusing a search will provide your Fort Lauderdale defense attorney with grounds upon which to request a suppression of evidence. If evidence is suppressed, it can’t be used against you and you have a better chance of seeing the charges dismissed or significantly reduced.

Relevant grounds for suppression would be if the officer failed to follow lawful procedure in conducting the search after consent was refused. However, if you consent to the search – as police will no doubt pressure you to do – all bets are off. By consenting to a search, you effectively waive your right to fight it later.
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In a move that could have sweeping effects on a broad range of criminal defendants, lawmakers in Florida are weighing a move to broaden protections for unborn children. What’s more, unlike many other similar measures, pro-choice advocates seem unlikely to fight the action, which means its chances of approval are much higher.

The new law would make it a separate crime to cause injury or death to an unborn child – regardless of the fetus’ stage of development.

Fort Lauderdale criminal defense attorneys know this could end up resulting in major complexities and complications in cases ranging from allegations of DUI to domestic violence.
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Two young teenagers are facing felony stalking charges in Florida following the suicide of a classmate who was reportedly bullied by the two girls via social media for more than a year.

Having recently wrote about a number of stalking cases in our Fort Lauderdale criminal defense lawyer blog, we have noted a trend in which juvenile defendants are increasingly being charged with this crime in connection with their activities online.

Bullying has always been around, but there are a number of reasons why it is seemingly more prevalent today. For one thing, ever-advancing technology allows everyone to remain in constant contact through a variety of outlets. For a teen with a smartphone, messages can be fired off instantaneously to Facebook, Twitter, YouTube, as well as through e-mails and text messages. That means two things: One, the targets of these actions feel like they can never get away from their aggressors. Two, the evidence against the alleged bullies is now incredibly easy to obtain, all right there in a single device.
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A criminal traffic defendant in Ohio this month was victorious in her appeal against a trooper who had stopped her and subsequently arrested her for DUI, reckless operation and failure to drive within marked lanes.

The grounds for her appeal? The trooper lacked a “reasonable, articulable” suspicion upon which to stop her. The appellate court agreed, and her conviction was reversed.

Fort Lauderdale criminal defense lawyers are well aware of the fact that reasonable suspicion can play a key role in whether an officer had the right to stop a defendant in the first place.
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Earlier this month, the U.S. Supreme Court released a 5-4 decision in the Maryland v. King case, which held that law enforcement officials have the right to collect DNA samples during the booking process from those arrested for serious offenses.

Our Fort Lauderdale criminal defense lawyers know this sparked a firestorm of controversy across the country in relation to privacy rights and whether the government was going too far in collecting biological data from people who had yet to be convicted of any crime.

But here’s the reality: State police agencies in Florida were already doing this. It’s just that now they have stronger backing from the high court.

What’s even more troubling is the fact that, largely under the radar, an expanding number of local law enforcement agencies have begun amassing their own DNA database of potential suspects.

The phenomenon was recently chronicled by The New York Times, which pointed out that the practice is largely unregulated and that samples are often secured without donors’ knowing it. In some cases, individuals aren’t even suspects in any crime at the time. In some cases, they are victims.

The perfect example: A man calls to report that his home has been burglarized. Police ask if he will submit to a DNA sample so that his biomarkers can be excluded during the course of the investigation. The victim’s samples are then stored in the department’s criminal suspect’s database. It’s stored there indefinitely and can be scanned at any time in relation to future or past crimes – all without the donor having any knowledge whatsoever that the sample is being used this way.

It’s a trend that is expected only to accelerate after the ruling in Maryland v. King.

It’s tough to say exactly how many agencies have begun their own databases. We do know that New York City has about 11,000 crime suspect profiles. Orange County, California has about 90,000 profiles. And in Central Florida, a number of law enforcement agencies have worked together to pool their DNA databases so they have a larger sample upon which to draw.

Of course, this begs the question: Why not just use the state and federal DNA databases, which are better regulated and have more samples overall?

The answer is, first of all, that local law enforcement agencies still do tap federal and state databases to cross-reference their samples. However, many police officials say it’s costly and time-consuming.

Plus, those databases don’t have profiles for lower-level offenders. These individuals might not have DNA samples that end up in the larger databases for years, when they are caught committing a higher-level crime.

Of course, while it may be semi-effective in the short-term for solving some cases, this practice of collecting samples for future, undefined investigative use raises serious Fourth Amendment concerns regarding unlawful searches.

In Central Florida, the police chief in Palm Bay said the samples have been used to produce some 1,000 matches in the last several years, mostly for low-level property crimes like burglary.

However, individuals prosecuted after DNA samples were taken unwittingly or unwillingly and not in accordance with state or federal law could potentially make a strong case to have that evidence suppressed in court.
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The suicide of young computer genius Aaron Swartz sent shock waves throughout the country, as it was an immense loss of incredible talent. The 26-year-old would have been looking toward a very bright future – but for the fact that he was facing up to 35 years in federal prison and $1 million in fines – for downloading academic records for which he should have paid.

Our Fort Lauderdale criminal defense attorneys believe that if there is anything to be learned here, it is this: We must work aggressively to curb the increasingly common practice of both federal and state criminal prosecutors to pile on every imaginable charge – no matter how over-the-top it seems with regard to the crime – in a simple effort to win at any cost.

Certainly, we understand that prosecutors can’t stop doing their job in anticipation of every scenario in which someone may harm themselves in the face of serious charges. However, the potential punishment didn’t fit the crime here – and prosecutors well knew it.

In fact, they often know exactly what they’re doing when they heap countless charges on a defendant in an effort to make something stick. They will stretch the law to make broad interpretations so they can fit the scenario at hand.

There are some basic reasons why they do this. By piling on a mountain of charges, they give themselves a strong starting point for plea deal negotiations. They know full well that many of these charges won’t be able to withstand the scrutiny of a trial. But they have no intention of actually taking them to trial. What they want to do is apply pressure to the defendant so he or she will plead guilty to the lesser charges.

In doing this, prosecutors can secure convictions without having to endure the cost, time and effort of going through a trial.

For defendants, though, the practice is inherently unfair. They have a choice to plead guilty, regardless of the circumstances, or take the gamble of going to trial and facing potentially years or decades behind bars if they lose.

It’s no wonder that only 3 percent of cases in federal criminal courts actually went to trial in 2010 – the most recent year for which numbers are available and a marked decrease from what it was even just a few years ago. Local and state court statistics follow similar trends.

It represents a shift from the strong, ethical standard of years’ past. It used to be that if a prosecutor piled on 40 or 50 charges to a fairly straightforward case, a judge would toss it out. Today, though, that’s the norm.

Even prosecutors will admit that it happens routinely, though some say it is primarily young, ambitious prosecutors who are most likely to engage in this tactic. But a defendant can’t control the prosecutor who takes his case.

The stakes couldn’t be higher, which is why defendants – particularly those in federal or felony cases – need to invest smartly in an experienced criminal defense attorney who is prepared to fight for you. If that means calling the prosecutor’s bluff on having those non-supported charges stick at trial, we are prepared to do that.
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It truly sounds like a creative episode of CSI: law enforcement officials using “water bullets” to catch those suspected of crimes.

However, our Fort Lauderdale criminal defense lawyers have learned this is more than a good television show plot. As it turns out, the Fort Lauderdale Police Department has initiated a water marking pilot program that is being closely monitored by law enforcement agencies across the country.

It’s not actually “water,” and it’s not just police who are being encouraged to use it. It’s a liquid substance called SmartWater CSI, and it leaves a semi-permanent mark on either a person or property that is visible only with the use of a special ultraviolet light. The idea is to arm store clerks, homeowners and property owners in general with these “guns.” The anticipation is that valuable property can be marked with the liquid solution for later proof of identification or that suspects may be squirted with the substance as later proof that they were the individual involved.

Primarily, city police have said, their goal will be to use it in efforts to combat property crimes. Patrol units will actually be carrying ultraviolet light detectors, while residents in certain neighborhoods will be given the liquid solution kits.

Administrators for the company that sells the product have already placed numerous signs in the area, warning that the technology is being used.

The liquid, comprised of certain earth minerals, reportedly contains microdots that hold identification numbers that a technician would be able to see under a special microscope. The markings last on a person or property for up to five years and may be next to impossible to remove during that time, company leaders say.

Yearly subscriptions are reportedly being sold for $200. For this, buyers would receive the liquid, registration information and warning signs. There are even special solutions available solely for boats and vehicles.

Businesses could also access sprinkler systems that would mark anyone who entered, giving police an option to identify an individual potentially weeks or even months after an incident.

Of course, our criminal defense lawyers would point out that if DNA technology has taught us anything, no technology is infallible. Theoretically speaking, an individual may be able to obtain another person’s spray solution and frame an innocent individual.

There are also Fourth Amendment considerations that haven’t been answered. For example, the U.S. Supreme Court is right now weighing whether police officers must first get a warrant before obtaining a blood sample from a suspected drunk driver. So what should be the protocol for putting a suspect under a UV light?

We know that officials in England have been using this technology for roughly 15 years now, and there has reportedly been a successful prosecution rate as a result. But local officials concede such technology has not yet been tested in the U.S. legal system – meaning it may be rife for challenges.

That position has some officials back-tracking to say it’s more of a deterrent than an actual crime-fighter. For example, the demand for stolen property may be decreased markedly if scrap yards and pawn shops are wary of buying SmartWater-marked items. (Though we would argue too that this could cut down on the ability of legitimate owners to hawk these items.)

Regardless, there are sure to be some test cases arising. If you are among those individuals arrested following the use of SmartWater technology, call us today.
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Late last year in the Florida Panhandle city of Escambia, a man was sentenced to five years in prison for third-degree felony cocaine possession as a habitual offender.

Our Fort Lauderdale criminal defense lawyers know on the surface, this case is fairly common and not likely to garner much attention – but for the fact of how his arrest was initiated.

It started with something called a “consensual encounter.” These are situations when police are allowed to approach you, without probable cause, and engage you in a voluntary conversation about anything. The problem is most people don’t realize the difference between a “consensual encounter” and a stop made with reasonable suspicion. But the fact is, there is a major difference in terms of your rights.

The Florida Supreme Court has classified police encounters in three distinct categories: consensual, investigatory and arrest. With a consensual encounter, it can be initiated by either party for any reason and can be terminated by any party for any reason without any consequence. However, you are not free to go if the encounter is investigatory or you are under arrest. But here’s the key: investigatory encounters and arrests can’t be initiated by police officers absent a well-founded and articulable suspicion of criminal activity. Countless criminal cases have been tossed because the officer did not have that reasonable suspicion prior to conducting a search or interrogation.

But if an officer argues it was simply a consensual encounter, as opposed to an investigatory encounter, he or she doesn’t have to prove any reasonable suspicion. And that’s what happened in this case in northern Florida.

The officer stopped the defendant, who was riding his bicycle along the roadside. The officer conceded he had no reason to stop the man, other than that he hadn’t met him before and wanted to make his acquaintance. When the man stopped, he appeared nervous and started to fidget. He had a pocket knife on him. The officer then conducted a search, where he found the cocaine in the man’s shirt pocket. He was subsequently arrested, convicted and sentenced to five years in prison.

Upon appeal, the defendant’s lawyers argued that conviction should be tossed, as the stop wasn’t valid in the first place. However, the appellate court upheld the conviction on the basis that the encounter the officer initiated was a consensual one.

The problem is that even if a police officer is extremely polite, many people don’t feel they have any choice but to stop and speak with him or her. Officers have guns. They have handcuffs. They have cruisers that you can’t open from the inside and they can call back-up at any moment. It can be incredibly intimidated and lead people to believe they don’t have a choice but to talk. And an officer will probably not tell you outright that the encounter is “consensual.”

So how can you avoid getting caught up in such an encounter and potentially incriminating yourself?

The key is to be as clear and explicit as possible. You have to be assertive with regard to your rights. If a police officer stops you for a conversation, you need to politely but firmly make it clear that you have no interest in talking – about anything. In many cases where the encounter is consensual, the officer will simply move on. If, however, he or she proceeds to detain you, the case will eventually end up in court and your defense attorney will have strong grounds on which to challenge the arrest. If the officer had no reason to stop you and you have made it clear that you don’t wish to speak to him, the evidence obtained during that stop legally can’t be used against you.
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The majority of those who have been jailed in Broward County are there for relatively minor crimes, and many have yet to be convicted. It’s a rotating population, but some are apparently staying for longer than they should, and an outside consultant has recommended jail officials trim their numbers by about 500.

Fort Lauderdale criminal defense lawyers know this is good news (though it won’t be official until court-ordered) but we don’t want this to lull people into a false sense of complacency.

When you’ve been arrested and booked into jail, it creates a definite urgency. You want to get out. You want to get this handled and you want to move on. But when you are released within hours or sometimes not booked at all, there is a tendency to view the situation as not being as serious.

In cases of domestic violence allegations or a DUI arrest, this could not be further from the truth. Both of these instances have the potential to harm your career, your family relationships and your future. This is why no matter how much time you are actually in jail following an arrest, your very first call needs to be to a criminal defense attorney.

What’s happening in Broward is actually part of a long history of overcrowding. Of course, this is an issue at incarceration facilities across Florida and the country, but Broward is unique due to a civil lawsuit filed nearly four decades ago. That suit, Jonas et al v. Stack, filed by the ACLU, was filed on behalf of inmates in the crowded facility. The result was that an outside consultant regularly monitors jail population levels. If it gets too high, he or she can recommend to a judge that population reduction measures are taken.

The sheriff has said he is at the mercy of the courts, who ultimately decide who stays in jail and who is granted a bond. If a judge approves the recommendations set forth by the consultant, this could give your attorney more leverage to negotiate a lower bond. And, of course, anytime jail overcrowding is an issue it can provide your attorney with leverage when negotiating to keep you out from behind bars.

About 60 percent of those arrested in Broward are released from jail within three days. Seventy percent are released within one week. However, it’s the rest that are of concern to the consultant. Many of these individuals are not violent, but rather can’t afford to pay even the low bond amounts set by the court. A recent analysis of booking reports indicated that about 800 inmates were held for more than five days on bonds that were less than $100.

Even more troubling, the consultant found that of the approximately 5,145 inmates housed in Broward County jails on any given day, about 265 are later found to have been arrested without probable cause. Their average jail stay? More than 70 days.

The majority of alleged crimes committed by inmates are: marijuana possession, probation violations, domestic violence, DUI, theft, resisting arrest without violence and possession of cocaine.
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