Fort Lauderdale Criminal Attorney Blog

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

March 31, 2019

South Florida Defense Attorney’s Take: When One Defendant’s Trash is a Prosecutor’s Treasure

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

The saying goes that one man’s trash is the next man’s treasure, basically meaning that we all place different value on material goods. But in the case of a South Florida defense attorney, it’s more likely to refer to the fact that you’re literal trash may be the treasure of a prosecutor seeking to put you behind bars.

With the proliferation of DNA evidence as key to prosecutions, digging through a suspect’s trash has become a growing source of evidence for many state and federal attorneys. Generally speaking, unlike the contents of your home or even a DNA test of your own bodily fluids, once your trash is carried to the garbage for disposal, it becomes fair game for law enforcement authorities to access – without a warrant. As established in the 1978 federal case of U.S. v. Crowell by the U.S. Court of Appeals for the Fourth Circuit, you have no reasonable expectation of privacy per the Fourth Amendment for the garbage you place outside for collection. In fact, so-called “trash pulls” have become a veritable treasure trove for some narcotics units in Florida. In some cases, it even becomes the basis for securing a search warrant on your actual home.

However, it’s not unheard of for police agencies to get too hasty in their quest to gather evidence sufficient for probable cause to secure a warrant to fail to obtain adequate evidence prior to requesting that warrant. For example, simply finding cocaine residue or marijuana seeds in the bottom of a trash bin may in fact be insufficient, thus leading to an affidavit that is deficient for the warrant that is ultimately signed. Based on the fruit of the poisonous tree doctrine, that could mean everything that is found thereafter is inadmissible (if your criminal defense lawyer files a motion to suppress) – and may result in an entire case being tossed. Continue reading

March 25, 2019

Florida Criminal Defense Lawyer: When is Case Delay Worthy of Dismissal?

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

If you are accused of a crime in Fort Lauderdale, you are guaranteed the right to a speedy trial. That means that criminal cases can be successfully dismissed if there are prosecutorial delays that violate a defendant’s due process right to a speedy trial. But what is the exact period of time that triggers a violation of this due process right? Your Fort Lauderdale criminal defense attorney should closely examine the facts of your case to ascertain whether a motion to dismiss under a due process argument makes sense.

Generally, your criminal defense attorney will need to prove one’s defense is compromised by the delay and the prosecutor had not good reason justifying the delay OR that the prosecution has been delayed beyond specified limits.

There are two basic types of speedy trial rights for Florida criminal defendants.

Statutory speedy trial. These are afforded according to Rule 3.191 of the Florida Rules of Criminal Procedure. These require one’s trial takes place within a very specific time window – 90 days for a misdemeanor and 175 days for a felony.
State/federal constitutional protection under the Sixth Amendment. These provide for a speedy trial even if your statutory remedy er state law has been waived, effectively mandating due process protections.

Your Fort Lauderdale criminal defense team may well advise you NOT to seek a speedy trial; that may not be in your best interests, particularly in complex felony cases where the stakes are high, testimony is conflicting, discovery is extensive and expert witness testimony is warranted. However, if your case has sat on the back burner for an extended period of time, your defense lawyer may be wise to file a motion to dismiss due to a delay by the prosecution. This is not as uncommon as one might think, particularly in cases involving extensive delays in processing laboratory work. Continue reading

March 13, 2019

Rude Gesture to Police: Inadvisable, But Not Illegal, Federal Judge Rules

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

Our Fort Lauderdale criminal defense attorneys generally advise clients that when interacting with law enforcement, one should be firmly quiet – but generally polite. That last part is more for your benefit than theirs; police officers have a fair amount of discretion, and you risk greater scrutiny and harsher treatment when you’re rude.

However, as revealed in a recent ruling by the U.S. Court of Appeals for the Sixth Circuit, you technically do have a right to be rude.

In Cruise-Guylas v. Minard, a federal appeals court held it is within your Constitutional rights to make uncouth gestures at police officers. That doesn’t make it a good idea, and as the appellate court ruled, it may violate The Golden Rule. Nonetheless, that doesn’t make it sufficient grounds in itself for a traffic stop. Continue reading

March 4, 2019

Hidden Cameras Used by Florida Law Enforcement Come Under Fire

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

The hidden cameras used in a South Florida prostitution sting are drumming up nearly as much discussion as news of a billionaire sports team owner’s arrest for solicitation of prostitution. According to reporting and analysis published in The Sun Sentinel, the question is whether allegations of sex trafficking are sufficient to surreptitiously record individuals on private property. Fort Lauderdale criminal defense lawyer know such a move is a significant leap in terms of privacy rights – one that was first introduced in the wake of 9/11, the U.S. war on terror and The USA PATRIOT Act. The fact that it has seeped into domestic criminal investigations for is indeed concerning – and legally questionable.

Hidden Cameras Purportedly Capture Human Trafficking

New England Patriots owner Robert Kraft has pleaded not guilty to charges of solicitation of prostitution after he was allegedly captured twice on hidden cameras earlier this year entering a day spa in Jupiter that authorities say was a front for a human trafficking ring and soliciting sex.

This practice of placing hidden cameras on private property without the knowledge or consent of owners in order to conduct secret searches are allowed by so-called “sneak-and-peek warrants.”

But legal scholars, along with many South Florida criminal defense lawyers, are skeptical that such practices are legal. One University of Miami law professor who spent a quarter century as a federal public defender said not only had she never seen it used in all those years, she considered it “very, very troubling.” And while human trafficking is indeed a serious criminal issue, that wasn’t the basis on which law enforcement secured the warrant initially – it was basic prostitution, a misdemeanor.

The concern is that there are few limitations for which law enforcement can employ this strategy. This was by no means a case of terrorism or a matter of national security. Continue reading

February 28, 2019

Florida Medical Marijuana: Does it Impact Vehicle “Sniff-and-Search”?

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

Florida has allowed possession and sale of marijuana for medicinal purposes since 2014 per the Compassionate Use Act, with expanded qualifying conditions effective in 2017, per the passage of Amendment 2. Miami marijuana defense attorneys at The Ansara Law Firm know many communities, including Broward and Miami-Dade, “decriminalized” the possession of small amounts of marijuana, though departments do still have discretion to issue citations and, in some cases, make arrests.

What impact, if any, do Florida’s medical marijuana laws have on vehicle searches predicated on the distinct smell of the drug?

In one case following a Miami marijuana arrest, a man is asserting a novel defense: A motion to suppress evidence found when police searched his truck and discovered a stash of marijuana based on violation of constitutional right against unlawful search and seizure. The Miami Herald reports the argument hinges on the state’s legalization of marijuana for medicinal purposes, which the attorney says means the odor of marijuana in and of itself is no longer cause for reasonable suspicion of a crime, which would otherwise be the foundation for a lawful search. Continue reading