Fort Lauderdale Criminal Attorney Blog

June 24, 2019

CBD is Legal in Florida Now… Right? Palm Beach Police Say Not So Fast

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

Cannabidiol oil, better known as CBD, is touted in Florida stores as a means to alleviate anxiety and depression. But a dose of it with a little too much THC could have you feeling a different kind of anxious – in a South Florida jail cell.

Criminal defense attorneys in Palm Beach know this probably has a lot of folks confused. After all, the 2018 Farm Bill legalized commercial hemp and the CBD that is derived from it. Hemp is used to make a wide range of goods and products, from textiles to soap. CBD is a derivative of hemp which is a type of cannabis, but unlike it’s cousin marijuana, hemp has little-to-no THC (tetrahydrocannabidiol). This is the psychoactive extract of the drug, meaning that’s what makes a person feel that euphoric high.

But while federal the latest Farm Bill removed commercial hemp and CBD from the list of federally-controlled substances, there are two things to keep in mind:

The U.S. Food & Drug Administration (FDA) still prohibits CBD for use in food, beverage and cosmetics products. (Many business owners are flouting this rule, and currently do so at their own risk.)
State marijuana laws are a patchwork, and not every state allows CBD oil. In Florida, you could still run into trouble with CBD if it contains any trace amount of THC (the federal limit 0.03 percent) and you don’t have a doctor-recommended state-issued marijuana patient card.

June 11, 2019

Footage From Police-Gifted Doorbells Are Being Used for Surveillance

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

Police call it a “modern-day neighborhood watch,” a proliferating network of surveillance cameras affixed to the doorbells of private residences. Florida criminal defense lawyers are increasingly wary, citing concerns about privacy – especially because police from here to Houston have been “gifting” these devices to homeowners – using taxpayer money – with the caveat that they must turn these devices over to police upon request (something Amazon – the company that acquired the firm for $1 billion last year – said it will be “cracking down on”).

This was at least the case in Houston, and criminal defense attorneys recognize that it raises the question of possible violations of citizens’ Fourth Amendment right against unreasonable search and seizures. If any arrests were made based on footage police demanded an unwilling homeowner fork over, it’s plausible that evidence could be suppressed.

CNet reports more than 50 local police departments have been partnering with the manufacturer of these “smart doorbells” to give them away free, cheaply or with a $3-a-month “subscription service” that allows police to tap into these feeds whenever they want. In some neighborhoods, police can tune in to watch – and record – what’s happening in real time on surveillance footage. Continue reading

May 29, 2019

Summer Parties Lead to South Florida Arrests for Underage Alcohol Possession, Service

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

It’s summertime, school’s out (or soon-to-be) and throughout South Florida, teens and young adults are celebrating – fairly often with substances they aren’t legally allowed to have or consume (namely, alcohol).

As Fort Lauderdale criminal defense attorneys can explain, these scenarios can result in several different criminal charges:

Unlawful possession of alcohol by a person under age 21, per F.S. 562.111.
Unlawfully selling, serving or giving alcohol to a person under age 21, per F.S. 562.11.
Open house party where host knows or should know alcohol will be served to minors, per F.S. 856.015.

There are also potential civil consequences if the minor becomes impaired and somehow hurts themselves or is involved in an underage DUI car accident that injures themselves or others. Those cases will be handled by the civil justice system, separate from any criminal charges. Continue reading

May 25, 2019

No Easy “Get-Out-of-Jail-Free” Cards, But Fort Lauderdale Defense Lawyers Beneficial at Bail Hearings

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

Cash bail has long been integrated into the Florida criminal justice system as a means of assuring those released from jail post-arrest/pre-trial show up to court, and that risk to the community is minimized.

But criminal justice reform advocates, like those at the ACLU, are calling for an end to the cash bail system, saying it results in disparate outcomes on the basis of income.

Criminal defendants in Florida may be jailed for days, weeks or even months pending trial, and public defenders say many are strong-armed into accepting plea deals on lesser charges – even when they were innocent – just to secure their release from jail.

Who Gets Bail in Florida Criminal Cases?

May 16, 2019

Fort Lauderdale Defense Lawyer: Should You Talk to Police if Questioned?

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

If you are questioned by police in connection with suspicion of a crime, should you talk? What if you’re innocent? Even if you aren’t, won’t it look worse if you refuse to cooperate?

As a Fort Lauderdale defense lawyer, we generally assert that where possible, communication with law enforcement in almost any circumstance should be polite – but extremely brief. The exact amount of information to divulge – or not – can be tricky, especially if you are sure they could glean the information elsewhere. If you have any doubt, politely but firmly decline to offer any further information before speaking to an attorney.

The main thing to keep in mind: Information gleaned against your will or without your cooperation might be successfully challenged later by your attorney with a motion to suppress. However, information you offer freely can be much more difficult for your attorney to suppress. Continue reading

May 9, 2019

DUI on a Lawnmower? Florida DUI Defense Lawyers Discuss Other Applicable Vehicles

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

A Florida DUI arrest of a man driving a lawn mower has raised questions about the type of “vehicle” on which one might be arrested for DUI in Fort Lauderdale.

Local news reports are that a Haines City police officer was inside a business when a loud crunch from outside indicated someone had struck his cruiser. He walked outside to find a 68-year-old man operating a lawn mower with trailer attached that had crashed into the police vehicle. The man allegedly told the officer he’d be drinking, but denied causing any damage. After his breath-alcohol concentration was measured at 0.241, he was arrested for DUI and his lawnmower impounded.

As our Fort Lauderdale DUI defense attorneys can explain, while police are generally more concerned about drunk driving in traditional motor vehicles because of their potential for injurious and fatal damage, it is true a person can be arrested for operation of a number of different “vehicles,” pursuant to F.S. 316.193. Continue reading

April 28, 2019

Report: South Florida Cops Have Used Sneak-and-Peek Cameras for Years

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

The intense media spotlight of the vigorous Florida criminal defense case being mounted following the Boca Raton prostitution arrest of billionaire NFL team owner Robert Kraft has revealed some interesting facts about South Florida police use of secret surveillance cameras. One of the main takeaways for those facing criminal charges in Florida is that in the few instances the legal bases for these cameras are challenged, those challenges are often successful.

The Sun-Sentinel reported that while use of so-called sneak-and-peek or delayed-notice warrants have increased over the last decade (more in criminal drug cases than prostitution busts), it’s not something judges see every day or more than maybe a few times a month. However, when there were solicitation of prostitution charges involving these types of warrants, it was only with rare exception that prosecutors didn’t drop the charge after defendants successfully finished minimal penalties (i.e., paying small fines, completing community service).

Further, very few of those defendants even sought a motion to suppress evidence garnered as a result of these warrants – despite their questionable legality. For instance, in the Boca Raton cases, only one other defendant besides Kraft has challenged the warrant – and in that case, prosecutors dropped the charge before there was ever a hearing on that issue. Continue reading

April 25, 2019

When Am I Entitled to a “Free” Criminal Defense Attorney?

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

In both federal and state criminal cases and even some civil case, the law (thanks to the U.S. Supreme Court decision 55 years ago in Gideon v. Wainwright) affords defendants the right to representation by a criminal defense attorney – even for misdemeanors. It is only when the individual is unable to afford a defense lawyer that one is appointed for the defendant (i.e., a public defender). The question of whether one can afford a lawyer is answered by determining one’s “indigent” status.

The question of one’s indigent status is one many of us don’t give a second thought to, but it’s made front-page headlines of late because of the recent high-profile case of the questionable indigent status of accused Parkland school shooter Nicholas Cruz. The 20-year-old is accused of carrying out one of the deadliest mass school shootings in U.S. history, killing 17 students and teachers. He has reportedly confessed and faces the death penalty.

Initially, he was appointed a Florida public defender after being deemed indigent. However, Law.com now reports he is anticipating a $432,000 life insurance policy payout following the recent death of his mother. His Broward defense attorney is now seeking to be removed from the case, arguing state law prohibits service of public defenders for defendants with financial means to higher a private Florida criminal defense attorney. The lawyer, with 40 years of experience, pointed out the defendant is now wealthier than most of those serving on his defense team and he has never had a client with access to as much money as Cruz. The average public defender in Broward County earns about $62,000. Continue reading

April 19, 2019

Florida DUI Defense Lawyer Answers: Are Roadside Blood Tests Legal?

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

Law enforcement officers wishing to obtain a blood sample of a driver suspected of being impaired would be wise to get a warrant. However, the latest practice of so-called “e-warrants” is making that process much easier, a fact our Fort Lauderdale DUI defense attorneys want to make individuals aware.

When it comes to sobriety testing during traffic stops of suspected impaired drivers, there are a few things a Florida DUI defense lawyer will want you to know in advance: Continue reading

April 4, 2019

Florida Supreme Court Overturns Homicide Conviction Finding Defense Theory Not Disproved

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

The Florida Supreme Court recently overturned the first-degree murder conviction for a 2013 crime committed when he was a teenager. He was supposed to be in prison until he was in his 70s. Now, assuming he gets no further time, he’ll walk out in his 40s.

That’s a rare outcome. Fort Lauderdale homicide defense lawyers know that the best defense is an early one. That means the first few minutes, hours, days and weeks after serious criminal charges are filed can be absolutely critical to building your case and discrediting the one brought by the prosecution.

Think about it: Police interrogation stops the moment you make a clear, unambiguous request to have an attorney present. (If not, whatever you say thereafter will probably be inadmissible in court.) That’s less of your own word they have to twist against you (your silence can’t be used as evidence of guilt). The sooner your attorney is on board, the better the odds of gathering key evidence, witness statements, surveillance video and more. Finally, negotiation of charges is more likely to take place in those early stages, before charges are even finalized.

Contact Fort Lauderdale Homicide Lawyer as Soon as Possible