Fort Lauderdale Criminal Attorney Blog

January 20, 2020

Fort Lauderdale Domestic Violence Defense Lawyers Discuss Uptick in Arrests During Super Bowl

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

Super Bowl Sunday, slated for February 2nd in Miami this year, has historically been tied to an uptick in Florida domestic violence arrests. Given that numerous football players themselves have been arrested in high-profile domestic violence incidents, the NFL in recent years has begun devoting valuable Super Bowl commercial air time to promote anti-domestic violence public service announcements.

Of course, the Super Bowl itself isn’t responsible for a higher-than-average number of domestic violence arrests anymore than Memorial Day is responsible for a higher-than-average number of DUI arrests. It’s true that emotions are running high for many fans during the game, but alcohol is probably the bigger culprit in many cases.

An Fort Lauderdale domestic violence arrest can come as a shock for those involved, especially if both parties got physically involved. It’s easy to accuse someone in the heat of the moment, but those statements can be difficult to walk back before real damage is done. It should be noted that the alleged victim’s preference of dropping the matter is almost entirely out of their hands by the time police arrive. Police will investigate the matter and take suspects into custody if they believe there is evidence a crime has occurred. Prosecutors are ultimately the ones who decide whether to pursue domestic violence charges. They may take into account the victim’s preference or willingness to cooperate, but that alone won’t dictate whether a case moves forward. In fact, victims can be compelled by subpoena to testify against their will. Continue reading

December 15, 2019

Report: Hundreds Serving Time for Florida Drug Crimes No Longer Against the Law

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

More than 1,000 inmates in Florida’s prisons are serving time for drug crimes that are either no longer illegal under state law or for which sentencing has been substantially reduced. That’s according to a report by The Tampa Bay Times, where reporters took a hard look at how long-running minimum mandatory sentences for non-violent drug crimes in the Sunshine State have adversely impacted individuals, families and entire communities. Those sentencing guidelines have largely been eased, but as our Broward criminal defense attorneys can explain, the new standards have little impact for someone already convicted, sentenced and serving time.

Some are calling for state lawmakers to address the issue, describing these inmates as in a state of “legal purgatory.”

The problem dates back to the 1990s, when cocaine addiction was wreaking havoc on South Florida communities. At the time, Florida had the highest rate of violent crime in the country. It was the “get tough on crime” era, and lawmakers enacted measures that would impose severe minimum mandatory penalties for repeat violent offenders AND those convicted of drug trafficking. At the time, lawmakers said they were after the drug lords – not people carrying a few ounces of illegal substances for personal use.

What ended up happening, however, was that those who were not drug lords were swept up as well. People with chronic pain and addiction to opiods who had run out of their monthly medication would turn to the streets – and be labeled drug traffickers for the amount they carried. Continue reading

November 15, 2019

“Alexa, Did He Do It?” Florida Police Search Smart Speaker Device History in Criminal Investigation

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

Authorities investigating a Broward County slaying secured a search warrant to access recording history on an Amazon Echo device present at the crime scene. A 43-year-old man has been arrested for the Hallandale Beach homicide of his 32-year-old girlfriend in mid-July. Police want to know whether the popular voice-controlled smart speakers at the home where she died may provide clues as to what happened, the Sun Sentinel reported.

Broward County criminal defense lawyers have been keenly attuned to police and prosecutors’ increasing reliance on evidence derived from new media and technology – from smartphones to drones – in criminal cases.

This is the latest example, and it raises some interesting legal questions about privacy and the extent to which authorities can access the details of conversations that happen in your own home or in personal messages. Continue reading

October 10, 2019

“Can I Be Charged Criminally for Things I Post on Social Media?”

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

The internet has been revolutionary, allowing us to connect with others – locally and across the globe – in real time in a way that’s never before existed in human history. But it’s not been without its complications, at least where application of the law has been concerned – and that includes criminal law.

Although many online interactions and exchanges – however heated – can be safely considered “free speech,” its bounds aren’t limitless. In fact, communications over the internet may in some cases be at higher risk of crossing the criminal threshold because they lack the benefit of context, inflection or familiarity of face-to-face or even phone conversations.

Florida criminal defense attorneys know law enforcement agencies are increasingly keen to solicit and investigate tips of threats made online, particularly in the wake of several mass shootings. Some agencies have said that dozens of potential shootings were stopped by this heightened vigilance in the wake of shootings in Dayton and El Paso.

Still, many of those charged find themselves bewildered that words, images or videos posted to a Facebook page or Instagram account might potentially have them facing jail time. Continue reading

October 1, 2019

Consequences of an Underage DUI Arrest in Florida

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

The State of Florida allows for no exceptions when it comes to driving under the influence of alcohol or drugs. In the best-case scenario it’s a mid-level misdemeanor, unless your Fort Lauderdale DUI defense attorney can help you plead down the charge or possibly succeed in having the case dismissed altogether.

Intoxicated drivers under age 21 generally don’t face consequences any more serious than those who are of-age, but the definition of “impairment” for underage drivers holds them to a much more stringent standard.

Anyone over 21 is considered to be intoxicated with the blood-alcohol concentration of 0.08, as measured either by a breathalyzer or blood test. But for drivers under 21, a BAC of just 0.02 is enough to be deemed impaired. It should be noted that those with even lower BACs than these can be arrested for DUI in Florida if, per F.S. 316.193, it is established that his/her normal faculties are impaired. Continue reading

September 29, 2019

Police in Florida Target Those En Route to CA for Smelling of Weed

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

Florida passengers en route to California are being arrested after authorities at local airports detect the smell of marijuana on them. California, as most are now aware, is one of the handful of states that now allows the cultivation, sale and possession of marijuana for recreational use. Florida law is much more stringent, allowing sale, use and possession only for medicinal use, as recommended by a physician.

VICE.com reports on criminal investigations and civil forfeiture actions lead by the Broward County Sheriff’s Office’s narcotics and money laundering task force that target passengers on their way to California.

While in criminal cases, the burden of proof is on prosecutors to prove one’s guilt beyond a reasonable doubt. In a civil forfeiture action, however, it’s the property owner who has the burden of proof to show the cash or other property to establish that those funds or properties weren’t being used for criminal drug activity. That often deters people from filing counterclaims to retrieve their items. Law enforcement appears to count on the assumption that people won’t pursue retrieval of their property. Continue reading

September 23, 2019

Florida Stand Your Ground Defense Case Ends in Manslaughter Verdict

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

Florida’s “Stand Your Ground” self-defense law was recently tested by a jury, which found the defendant guilty of manslaughter for killing another man following an argument over a parking spot last year.

Fort Lauderdale criminal defense lawyers understand the local sheriff’s office didn’t initially arrest the suspect, citing the Stand Your Ground law. The defendant was white and armed, while the man he killed outside a convenience store was black and unarmed, setting off racial tensions. Authorities did arrest the defendant three weeks later when prosecutors decided to charge the defendant with manslaughter.

He now faces up to 30 years in prison, per F.S. 782.07. He had been free on bond pending trial, but was taken into custody after the verdict. Defendant was reported by his defense attorneys to be “mystified” by the verdict, given that the sheriff’s office initially stated publicly he’d committed no crime, but then prosecutors began to pursue him so aggressively.

The defense lawyers intend to appeal, believing the state attorney’s office filed the charges to appease pressure from political activists.

September 15, 2019

Do I Have to Give Police My Cell Phone Passcode?

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

With the proliferation of smart phones – each containing a great deal of personal information. In some cases, that information can be incriminating. Courts across the U.S. have been attempting to find common legal ground on the issue of whether persons should be compelled to reveal their cell phone passcodes if it could unlock potentially self-incriminating information.

This summer, our Fort Lauderdale criminal defense attorneys wrote about the recent ruling by the California Supreme Court ruled attorneys can subpoena private social media posts where they are pertinent to a criminal case.

Now, Florida’s 1st District Court of Appeal has sided with a criminal defendant who fought against being fought to comply with an order requiring him to supply prosecutors with his cell phone password. This is welcome news for Florida defense lawyers, but it does conflict with a previous state appellate court ruling, making the issue ripe to be heard by the Florida Supreme Court. Continue reading

September 8, 2019

Florida Man Whose Case Ended Juvenile Life Sentences Loses Key Appeal

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

After he was sentenced to life in prison at age 16 for a non-murder felony, Terrence Graham argued the injustice all the way to the U.S. Supreme Court – and won. Because of that case, teens convicted of felonies that did not involve a homicide cannot be locked up for life without parole. Doing so, the U.S. Supreme Court ruled, amounts to cruel and unusual punishment because youths change. For better or worse, one is rarely the same person at 36 that they were at 16.

But the namesake of the landmark 2010 ruling in Graham v. Florida is still locked up – nearly a decade after that ruling and having served more than 15 years behind bars. He recently lost an important appeal in his ongoing bid for freedom. The loss of this appeal means he’ll be behind bars for at least another six years.

At 16-years-old, he and two others robbed a restaurant in north Florida, beating a manager with a metal pipe in the process. After pleading guilty, he spent one year in jail and was placed on probation. The following year, he was arrested for home invasion robbery, F.S. 812.135, a first-degree felony that carries a possible life sentence if a firearm is used. Because of the prior felony, he was sentenced to life in prison. Continue reading

August 25, 2019

Nursing Home Workers Charged With Manslaughter in Florida

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

Manslaughter is the killing of another human being without malice aforethought. That means a person may not have intended for the other person to die (unlike homicide/murder), but nonetheless that was the result of one’s conduct, usually reckless or criminally negligent. It can stem from crimes like driving drunk, criminal assault or neglect. In these cases, it is not necessary to prove intent.

Recently, several nursing home employees were arrested on charges of manslaughter, pursuant to F.S. 782.07, following the deaths of 12 elderly patients who overheated in sweltering conditions with no air conditioning after Hurricane Irma struck South Florida in 2017.

Manslaughter is considered aggravated when it involves the death of an elderly person or disabled adult due to culpable negligence without lawful justification. Culpable negligence, as noted in Florida Standard Jury Instructions, is defined as a course of conduct that shows reckless disregard for human life or for the safety of individuals exposed to it that displays recklessness or wantonness. Continue reading