Fort Lauderdale Criminal Attorney Blog

September 12, 2018

Florida Frequently Ground Zero for Emerging New Fraud Types

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

Many new types of fraud are either born or become big-time in Florida – South Florida in particular. A top agent for the Internal Revenue Service speculated it was a combination of factors: Beautiful weather and beaches a lot of people in general. Older folks – especially vulnerable to almost all kinds of fraud – often retire here. Florida also truly embodies the U.S. “melting pot,” with organized crime sprouting up from all ethnic groups.

The Federal Trade Commission reported earlier this year that Florida is the scam capitol of the country (based on both crime statistics and complaints made directly to the commission) with seniors the primary prey – at least in terms of dollars. Although there were more younger people who reported losing money to fraud, victims over 70 sustained higher median losses.

Whatever the reason, our Fort Lauderdale fraud attorneys know crimes of fraud, often referred to as “white collar crimes,” are often penalized severely, with defendants facing either state or federal charges, the distinction usually being the method of the scam, how much money it involved and whether it affected people in other states. Continue reading

September 5, 2018

Florida Criminal Defense Lawyer View: Smartphones and 5th Amendment

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

Eyes may be “windows to the soul,” but could it be said that smartphones contain the “contents of our minds”? That’s what one criminal defense attorney recently argued before a state appellate court, asserting that police investigators executing a search warrant on her smartphone – and prosecutors’ effort to hold her in contempt of court when she refused – were a violation of her 5th Amendment rights.

The trial court agreed, and recently, so did the Indiana Court of Appeals, in a split opinion noting smartphones today are “truly as close as modern technology allows us to come to a device that contains all of its owner’s conscious thoughts, and many of his or her unconscious thoughts as well. So when the state seeks to compel a person to unlock a smartphone so that it may search the phone without limitations, the privacy implications are enormous.”

It’s a case that has raised some very interesting questions about how we navigate well-established constitutional protections for those accused of crime. In the case conclusion here, the majority wrote that courts will probably be continually faced with these kinds of issues that deal with the intersection of rapidly-evolving technology and law. Here, compelling a defendant to unlike her iPhone under threat of contempt and imprisonment is an unlawful violation of her Constitutional Fifth Amendment right against self-incrimination. (In other similar cases nationally, it’s the 4th Amendment’s protections against unreasonable search and seizure that have been cited.) Revealing a smartphone passcode, the court ruled, and prosecutors failed to meet the requirements of the “foregone conclusion doctrine” by describing with reasonable specificity why the information defendant should be compelled to produce and why. (It should be noted that without a passcode, even cellphone makers like Apple can’t extract data from the device, as the encryption key is tied to the passcode. After 10 failed attempts, the phone locks up and might even erase all contents therein. Continue reading

August 30, 2018

Florida Sealing and Expungement: How a Fort Lauderdale Defense Lawyer Can Help

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

You may be aware that sealing and expungement is available for certain first-time offenders convicted and adjudicated guilty. Did you also know it’s important for those found NOT guilty to seal and expunge their records too?

This specifically involves cases where a defendant reaches a plea deal that involves a judge withholding adjudication, meaning the defendant isn’t formally convicted. However, the arrest will still pop up on a Florida criminal background check, which all but eliminates whatever benefit might have been derived from avoiding conviction in the first place. Florida law – specifically F.S. 943.053 – makes adult criminal history records public (with special restrictions for access) unless those records have been sealed or expunged. This encompasses not just your conviction and/ or case disposition, but your original arrest and charges. That’s why it’s so important after a case outcome wherein adjudication was withheld to determine whether you qualify for expungement or sealing of your record. The benefit of this is you can legally deny/ fail to acknowledge an arrest covered by that record (with exception for those seeking a change in immigration status or certain types of jobs, such as with a law enforcement agency or the Department of Children and Families).

The Fort Lauderdale criminal defense attorney team at The Ansara Law Firm can help you with both. It can be a somewhat confusing process, but markedly less so when you hire a lawyer to help you navigate it. (Note that Florida allows for automatic expungement of certain juvenile records when the minor reaches age 21, though you’ll want to check with an attorney to be certain and determine if other action must be taken.) Continue reading

August 22, 2018

Florida’s Medical Marijuana Law Doesn’t Make Trafficking Legal

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

Marijuana became legal in Florida for limited medicinal purposes last year, and a number of communities have been decriminalizing possession (or at least giving law enforcement discretion in whether to arrest or issue a civil citation). However, there are strict limitations on how far these laws go, and they won’t necessarily protect you from drug trafficking charges.

You will need to speak with an experienced Fort Lauderdale criminal defense lawyer to determine what legal strategy will result in the best possible outcome in your case. Decline to give a statement to law enforcement until you have done so. Continue reading

August 15, 2018

Florida Prosecutors Push for Tough Drug Offender Sentences

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

A South Florida physician was recently convicted in the opioid overdose of a 34-year-old woman, with a jury finding him guilty of charges that included conspiracy to possess with intent to distribute furanylfentanyl resulting in death. Prosecutors alleged the orthopedic surgeon was the source of counterfeit oxycodone pills distributed across South Florida. He’s facing up to life in prison.

Prosecuting doctors and other health care providers criminally for the overdose deaths of patients is one of the ways law enforcement and prosecutors are taking a hard line against accused drug offenders. In one study analyzing the U.S. Drug Enforcement Administration’s data presented in its Cases Against Doctors report, Florida ranked No. 5 nationally for the most physician arrests (4.3 per 10,000 doctors) and the same for overdose deaths (23.7 per 100,000). More than 70 percent of these doctor drug arrests in Florida involved opioids, including oxycodone and hydrocodone. Alprazolam (also known as Xanax) accounted for 11 percent. Opioids were also cited in 40 percent of fatal drug overdoses nationally in the last two years.

The priorities of drug enforcement in Florida have shifted, from illicit drugs like marijuana, cocaine and heroin to illegal distribution of controlled medications. This isn’t to say law enforcement won’t arrest still arrest you for possession of marijuana, but our Fort Lauderdale drug arrest attorneys know far more resources have been dedicated in recent years to these deadlier drugs, identified by public health officials as an epidemic. Continue reading

August 8, 2018

Is it Legal for Police to Search My Smartphone in Florida Without a Warrant?

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

Police and other law enforcement officers are increasingly asking people to turn over their cell phones, whether in the course of a traffic stop, after a motor vehicle collision or in the course of investigating the crime. A record number of people in America now have smartphones – nearly 80 percent according to Pew Research Center, which further noted among 18-to-29-olds, smart phone ownership exceeded 92 percent.

It should be obvious why investigators want to get their hands on these devices: They are a treasure trove of information and can make their jobs a whole lot easier. It’s hard to imagine even just a few short years ago, cell phones were solely verbal and texting communication devices. Now, they contain scores of sensitive and personal information, including calendars, emails, personal and professional contacts, music files, verification of recent purchases, bank records, public social media engagement (including personal messages) work files, browser history of recent websites and of course saved photos and videos. This is not information you want – or usually that they never need – to see.

As Fort Lauderdale criminal defense attorneys at The Ansara Law Firm can explain, the 4th Amendment to the U.S. Constitution protects people from unreasonable searches and seizures. There are numerous reasons why cell phone information should remain private – not the least of which for a potential defendant is the fact that it could give police and prosecutors key evidence against you. But even if you have nothing to hide, it’s generally unwise to simply hand your phone over on request. Plus – you aren’t required to do so unless the officer has a warrant. Continue reading

July 30, 2018

Interviewing Suspect Absent Defense Lawyer Results in Tossed Conviction

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

Criminal defendants in Florida have the right to a defense attorney in any criminal proceeding. It’s one of the fundamental rights guaranteed by the U.S. Constitution (the Sixth Amendment in particular), with the U.S. Supreme Court applying this right to state-level criminal proceedings in the 1963 case of Gideon v. Wainwright. Further, deprivation of a defendant’s right to a criminal defense attorney or denial of a choice of attorney absent good cause should result in the reversal of a criminal conviction, per the U.S. Supreme Court’s 2006 ruling in U.S. v. Gonzalez-Lopez.

Unfortunately, the government (law enforcement investigators in particular) do not always go to great lengths to fulfill this duty to make counsel available – particularly at key times pre-trial, such as during questioning and interrogation.

That’s reportedly what happened recently in a case, Baskin v. State that resulted in a Florida homicide conviction in Manatee County. According to Sunshine State News, Florida’s 2nd District Court of Appeal reversed the conviction and ordered a new trial for a man convicted of second-degree murder and sentenced to 30 years in prison for the death of a woman in Bradenton in 2012. Authorities, in the course of their investigation, reportedly discovered decedent had been romantically involved with defendant and that he was a frequent guest in her apartment, where her body was discovered. Continue reading

July 22, 2018

Amid Immigration Crackdown, Strong Criminal Defense More Important Than Ever

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

There is an inherent interplay between criminal and immigration law that has recently come under an intense spotlight since the Trump administration has taken a hard line on immigration policies,. This includes aggressive action by immigration authorities to initiate proceedings against those with decades-old criminal convictions for non-violent crimes. In the past, that usually involved recent convictions for felonies – violent crimes in particular – and typically only undocumented immigrants.

However, as the Miami Herald reported recently, even documented immigrants, such as those holding green cards who have green cards and are long-time residents, aren’t immune. In fact, this is now policy per new guidelines passed earlier this month by U.S. Citizenship and Immigration Services have indicated that immigrants who abuse any program that is related to acceptance of public benefits can be brought before an immigration court and subject to removal if evidence of fraud or willful misrepresentation is established. Under this new guidelines, immigration officials actually have expanded authority to issue Notices to Appear, which is what starts the whole deportation process.

Since the 2010 U.S. Supreme Court case of Padilla v. Kentucky, criminal defense lawyers have been required to advise non-citizen clients about the possible immigration consequences that may result from acceptance of a guilty plea. Failure to do so amounts to a violation of one’s Sixth Amendment guarantee of effective counsel. A violation on this front can be grounds for post-conviction relief, including possibly a modification of one’s criminal sentence or a new trial. Continue reading

July 15, 2018

Officials to Re-Evaluate Florida Marijuana DUI Campaign

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

Since the passage of Amendment 2 in 2016, Florida lawmakers have been trying to weed through the state’s already-complex marijuana statutes to hammer out new rules for growing, processing, distributing and possessing/ using the plant. Some individual cities have adopted their own ordinances with regard to recreational marijuana, which has led to many people being confused about what’s legal and what isn’t in Florida.

What we can say for certain is that Amendment 2 did NOT:

Alter Florida’s drug possession laws;
Change the fact that you can be arrested for driving under the influence of marijuana – medical or not;
Grant permission for the public consumption/ smoking of the drug;
Have any impact on federal law, which expressly prohibits marijuana possession and distribution, regardless of purpose.

July 5, 2018

Can I See What’s In Your Trunk?: Consent Searches in Miami-Dade County

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

Many times a person is pulled over on what the police call a routine traffic stop and end up finding weapons, drugs, or other contraband. However, if the police did not have probable cause to search the vehicle, or another valid reason to search the vehicle, experienced Miami criminal defense attorneys can move to have all of the evidence excluded from trial after filing a motion to suppress evidence.

The Fourth Amendment to the U.S. Constitution gives people the protection from having their persons, homes, papers, vehicles, and other possessions searched without a warrant, probable cause, a reasonable suspicion (in some cases), or another legally-valid reason to conduct the search. If an officer witnesses a traffic infraction, which may constitute the suspected violation of a traffic ordinance, the officer has a right to stop the vehicle. At this point, the officer has a right to run the suspect’s license plate to find out if the car is reported stolen, and to see who the owner of the vehicle is. The officer can also request proof of insurance, registration, and the driver’s license of the operator of the motor vehicle. Continue reading