Fort Lauderdale Criminal Attorney Blog

December 30, 2018

Miami DUI Arrests Down Overall, But Defense Lawyers Expect a Spike on New Year’s Eve

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

Some are crediting the presence of ride share companies like Uber and Lyft (also referred to as transportation network companies, or TNCs) with driving down the number of DUI arrests and crashes in Miami. The City of Miami reported Miami DUI arrests dropped by nearly one-third over the last four years. Miami-Dade Police report DUI arrests are down a stunning 65 percent in the same period. While roughly 1,500 DUI arrests made annually between 2013 and 2015, The Miami Herald reports DUI arrests clocked in just shy of 600 last year.

Miami DUI arrest lawyers know that while it’s true many are increasingly relying on ride share services, we nonetheless see a spike of DUI collisions and traffic stops on New Year’s Eve and New Year’s Day, long noted to be one of the booziest of the year. Annually at the end-of-year holidays, the Florida Highway Patrol steps up its, “Drive sober or get pulled over,” campaign, specifically aiming at drivers under the influence of alcohol and/ or drugs.

Even if it’s your first drunk driving arrest in Florida – or your first arrest ever – you can expect it will cause you grief personally, professionally and, of course, legally. Limiting your statements to investigating officers is wise until you have spoken with a Miami criminal defense lawyer – a fact you will want to state calmly but firmly to police who try to question you about where you have been, where you’re headed, what alcohol you have consumed or even whether you have. Blood-alcohol or breath-alcohol tests are compulsory under Florida’s implied consent law, and if you do refuse, it will mean an automatic one-year license suspension. Continue reading

December 22, 2018

Despite Legalization for Medical Use, Florida Marijuana Arrests Soar

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

Two years ago, Floridians overwhelmingly approved a ballot measure to legalize marijuana for medicinal purposes, and since then, more than 1000,000 prescriptions for the drug have been written. And yet, Miami drug crime defense lawyers know arrests for recreational use and possession have been soaring statewide.

In Sarasota county, for instance, Sarasota Magazine reports arrests for recreational use of the drug shot up by 35 percent in 2017 compared to 2010. Marijuana arrests rates this year suggest the trend is continuing on an upward swing. The county sheriff insists those figures are misleading because marijuana in most cases was a secondary offense, meaning those individuals weren’t directly targeted for recreational marijuana use. There is some evidence to dispute this. But while some areas such as Broward and Miami-Dade have made it more of a civil infraction than a criminal offense, police still have a wide amount of discretion when deciding whether to make an arrest or issue a ticket or warning. Some expect it could take another decade or more before Florida legalizes recreational marijuana.

In the meantime, a first-time arrest for possession of marijuana won’t lead to a criminal conviction, but defendants often are required to go through a diversion program that can cost hundreds of dollars in fines and other costs, probation, substance abuse counseling and community service. Continue reading

December 14, 2018

Defense Lawyer: Florida Sex On The Beach Can Land You in Prison

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

In Florida, sex on the beach is typically understood as a cheeky, sugary cocktail with peach schnapps. It’s romanticized in a classic scene in the 1950s film, “From Here to Eternity.” However, having actual sex on a beach in Florida can land you in handcuffs (and not in a good way). As a Fort Lauderdale defense lawyer, it seems an important fact to address because locals and tourists alike continue to run afoul of public indecency and lewd lascivious laws – and prosecutors don’t seem intent to cut them any slack.

Most recently, a married couple from Vermont vacationing on Sanibel Island were arrested by police, who had received complaints the pair were naked on the beach. Officers saw the woman naked in the water, summoned her over to them and gave her a towel. The husband walked up and asked why they could not be naked, as “we are all human.” Officers explained Sanibel is not a nude beach, and it’s against Florida law to be on a public beach with no clothing. Witnesses said they pair may have been having sex. The two were arrested on charges of indecent exposure. F.S. 800.03 states it is unlawful to exhibit one’s sexual organs in public (or on private premises so near as to be seen by those on public property) in a manner that is vulgar or indecent. It’s a first-degree misdemeanor, punishable by up to one year in jail. (Mothers breastfeeding babies does not count.)

Although these two were charged with a misdemeanor, Fort Lauderdale defense attorneys have seen prosecutors pursue felony charges for Florida sex on the beach. Continue reading

December 7, 2018

Florida Juvenile Defense Lawyers: An Appellate Split on Smartphone Passcode Protection

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

As Florida juvenile defense attorneys, we have seen an increasing number of criminal cases wherein the contents of one’s smartphone have become exceedingly relevant. It’s not just teens who have become reliant on smartphones of course. The Pew Research Center reports 95 percent of Americans own a cellphone of some kind and 77 percent have a smartphone, up from 35 percent in 2011 when researchers conducted the first survey of smartphone ownership. Juvenile criminal defense attorneys in Fort Lauderdale know that because these devices contain a wealth of personal data on each owner, it has raised all sorts of complex legal questions about privacy and evidence collection in the course of a criminal investigation and prosecution.

One question now poised for review by the Florida Supreme Court is whether a defendant’s smartphone passcode – unique to each person and the only way by which content on that device can be accessed – can be compelled by police or prosecutors. Two Florida appellate courts are split on the issue.

However, the tide may turn in favor of personal privacy protection, given the ruling by the 11th U.S. Circuit Court of Appeals (the federal appellate court that covers Florida), which ruled forced decryption of a smartphone amounted to violation of a defendant’s constitutional Fifth Amendment right against self-incrimination. Continue reading

November 30, 2018

Fort Lauderdale Criminal Defense Attorney: Competency of Witnesses in Trial

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

Witness testimony is perhaps one of the most powerful – and fallible – types of evidence presented in a Florida criminal trial. One of the most important jobs of a Fort Lauderdale criminal defense attorney is not just to examine the potential weakness in that testimony, but also the competency of each witness.

As established in the 1928 Florida Supreme Court case of Crockett v. Cassels, a witness must be competent in order to testify in a trial, meaning he or she must be both capable and qualified. That means, as noted in the 1990 case of Rivet v. State and as outlined in in F.S. 90.603, that one is has both sufficient intellectual capacity to understand the nature and obligation of the oath and the ability to perceive, remember and communicate accurate sensory perceptions to the court. This ability is presumed unless proven otherwise by competent evidence. Witnesses may be disqualified if they are unable to:

Communicate to the jury;
Understand the duty to tell the truth;
Perceive and remember events.

A person’s immaturity (being a child) and mental illness or mental disability won’t necessarily disqualify a witness, but as a Fort Lauderdale criminal defense attorney can explain, courts are required to carefully consider one’s threshold in intellectual ability when weighing whether to allow them to testify. Continue reading

November 22, 2018

Fort Lauderdale Defense Lawyer: Stolen Car Conviction Requires Evidence Defendant Knew Property Stolen

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

If you are arrested on possession of any type of grand theft, the state needs to show at least some evidence you knew the property was stolen, or else evidence you are unable to “satisfactorily explain” why you are in possession of property recently stolen. F.S. 812.022 states there is an inference that one in possession of recently-stolen property knew or should have known that property was stolen “unless satisfactorily explained.” Part of the job of a Fort Lauderdale defense lawyer in a grand theft case will be to show that if you are in possession of recently-stolen property, you did have a satisfactory explanation for it.

The inference is one that is rebuttable, and it’s important your Fort Lauderdale defense lawyer do so because grand theft, as outlined in F.S. 812.014, is a felony charge. Theft of a motor vehicle, assuming it wasn’t damaged, is a third-degree felony, punishable by up to five years in prison. Numerous variables can result in heightened penalties for Florida auto theft, but it’s a serious offense for anyone – including a juvenile.

Fort Lauderdale Defense Lawyer Challenges Inference of Guilt in Possession of Stolen Property Conviction

This issue arose on appeal a few years ago in a juvenile criminal case a few years ago before Florida’s 3rd District Court of Appeal. In C.T. v. State of Florida, an adjudicatory hearing was held in late 2016 on the question of whether defendant juvenile knew or should have known the car hew was driving when he was pulled over by police was stolen. Continue reading

November 15, 2018

Appeal Waiver in Criminal Plea Bargain at Issue in Case Before SCOTUS

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

Plea bargains, as Fort Lauderdale criminal defense attorneys can explain, have rapidly become the standard resolution in most criminal cases, both at the state and federal level. The U.S. Supreme Court estimates more than 9 in 10 federal and state criminal cases are resolved by plea bargain. This rise has resulted in the previously uncommon practice of defendants appealing convictions for charges on which they already pleaded guilty. So now many prosecutors insist defendants sign appeal waivers as part of the deal.

The Supreme Court of the United States (SCOTUS) is now reviewing a case that stems from this very issue. The outcome in Garza v. Idaho could well impact how criminal plea bargains are resolved both in federal court and within Florida state courts. It’s one most criminal defense attorneys, prosecutors and judges are watching carefully.

The defendant alleges that his trial lawyer’s counsel was inefficient because when he refused to file an appeal as defendant requested, citing the waiver. The court is being asked whether the defendant needs to prove prejudice in order to establish his lawyer’s counsel was not effective. Back in 2000, the SCOTUS ruled in Roe v. Flores-Ortega that prejudice by an attorney can be presumed if a lawyer doesn’t file an appeal at the behest of a defendant. However, given that the case is almost 20-years-old and didn’t involve an appellate waiver, new questions have bubbled to the surface about whether this standard still fits. Continue reading

November 3, 2018

Fort Lauderdale Criminal Defense Lawyer: Justice is Blind, But the Jury Isn’t

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

Fort Lauderdale criminal defense lawyers know that while the appearance of a defendant shouldn’t matter in a criminal trial, it inevitably does. In fact, it’s relatively standard good practice for criminal defense attorneys to initiate some alteration of one’s looks in preparation for trial. Usually, that’s something as simple as a haircut, a beard trim, wearing glasses, a collared shirt with a tie. We may even instruct them on how to sit at the defense table, where to look and advice on their general demeanor. We do this because the reality is judges and jurors are human, and they formulate quick judgments of a person that can be difficult to set aside, particularly when damaging evidence is presented. It’s tougher to “picture” a clean-cut, sharply-dressed defendant carrying out certain criminal acts than it is for one who is heavily bearded and bedraggled.

While most appearance changes are subtle, it’s not unheard of for them to be dramatic. Recently, VOX detailed the altered appearance of a New York defendant, identified as a member of a far-right group (labeled a hate group by the Southern Poverty Law Center), who stands accused of participation in a violent assault on leftist protesters. Specifically, he’s accused of body slamming, repeated punching and stomping on a protester. His charges include assault, attempted gang assault, criminal possession of a weapon and rioting.

At his first court appearance, the accused showed up with long hair, a scraggly beard, an orange t-shirt and overalls. Less than a week later, at a second court appearance, he was almost shockingly unrecognizable. His hair was neatly trimmed and slicked back, his beard shaved. He wore a pressed black suit and tie that covered his heavily-tattooed arms and black-rimmed glasses. Although the transformation is startling, it’s one potential jurors won’t ever see. They’ll only ever know him in his new look. Continue reading

October 28, 2018

Florida Supreme Court Rejects Daubert Expert Testimony Standard

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

In a split 4-3 decision, the Florida Supreme Court soundly rejected the Daubert standard of evidence for expert witness testimony – the one used in federal courts and adopted by many state courts, in favor of the less stringent Frye standard, the older method that prior to 2013 had been the standard in the Sunshine State.

What does this mean for Fort Lauderdale criminal defendants? It will be relevant both for them as well as for plaintiffs in civil cases. The Daubert standard establishes a rule of evidence (found in Federal Rules of Evidence 702) that pertains to the admissibility of an expert witness’s testimony, stemming from the 1993 U.S. Supreme Court ruling in Daubert v. Merrell Dow Pharmaceuticals. It holds that a witness can only be qualified as an expert if he or she has the knowledge, skill, experience, training or education that is considered a baseline to form that opinion. Testimony must meet a specific list of criteria, and the judge acts as the gatekeeper. Those whose opinions fail to meet that proof burden can be excluded.

Frye, meanwhile, is less stringent, considered a general acceptance test for scientific evidence requiring that one’s expert opinion, if based on a scientific technique, can only be admitted where that technique is “generally accepted as reliable in the relevant scientific community.” Continue reading

October 22, 2018

Can You Lawfully “Toss the Drugs” in Florida Drug Case?

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

There are many scenarios wherein panicked people “toss the drugs” – when they are being chased by police, when law enforcement is at their door, when they fear they are about to be searched. What we are obliged to inform you as criminal defense attorneys is that if you make any attempt to tamper with evidence under Florida law (which is essentially what “tossing the drugs” is in these scenarios), you would be facing a third-degree felony charge (up to five years in prison) for this alone, per F.S. 918.13.

It really is often a bad idea, and you’ll likely never hear an ethical Broward criminal defense attorney give you the green light to “toss the drugs,” – whether for yourself or a loved one.

However, the outcome of a 1999 case of Stanton v. State, wherein a conviction for cocaine possession was overturned, is worth a mention in this context. Continue reading