Fort Lauderdale Criminal Attorney Blog

June 5, 2018

Florida’s 3rd DCA: Keep All Elements of Your License Plate Visible, Or Risk Traffic Stop

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

A recent decision by Florida’s Third District Court of Appeals makes it clear that police have the right to stop you for license plate framing that obstructs ANY portion of the words on the plate. That means police have yet one more reason to initiate traffic stops (which can lead to additional charges).

In Florida v. Pena, Attorney General Pam Bondi and Assistant Attorney General Christina Dominguez argued for the state, citing in particular the statute F.S. 316.605(1), which states that license plates must keep plainly visible and legible at all times 100 feet from the front or rear “all letters, numerals, printing, writing and other identification marks upon the plates regarding the word ‘Florida,’ the registration decal and the alphanumeric designation.”

Defendant in this case alleged the Miami traffic stop was illegal – and the trial court agreed, meaning any other evidence gleaned thereafter would be inadmissible. However, the 3rd DCA reversed. Continue reading

May 28, 2018

Broward Law Enforcement Leads State in Red Flag Law Gun Seizures

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

Under Florida’s controversial new “red flag” law, passed after the deadly shooting at a Parkland High School, law enforcement agencies in Broward lead the state in arrests for violations.

The Red Flag gun law was passed March 5th, designed to allow local law enforcement agencies to seize weapons from individuals who suffer from emotional or mental health issues or those who display certain problem behaviors that indicate posing a direct danger to others. Florida is one of just a few states to pass such a law, and many have been critical of it as a knee-jerk reaction.

From the standpoint of a criminal defense lawyer, the concern is individuals who have committed no crimes may be targeted by law enforcement in a manner that not only infringes upon their Second Amendment rights, but could make them vulnerable to arrest – not only for this, but potentially other unrelated charges. Throughout this process, our goal is to ensure our client’s Fourth Amendment rights (shielding against unreasonable search and seizure) are fiercely protected. It is unlawful for any evidence obtained from a lawful search to be introduced into court (this evidence is often referred to in legal terms as “fruit of the poisonous tree”). These searches may lead to evidence used to assert another crime – but only if that evidence was gleaned lawfully. Continue reading

May 21, 2018

Possible Spike in Broward Sex Crime Arrests as Assault Kits Increasingly Being Tested

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

The Broward County Sheriff’s Office has come under scrutiny after it was revealed a man arrested on charges of sexually assaulting a juvenile last year was charged earlier this month with armed kidnapping and sexual battery of another person in 2003. That case had remained cold for 15 years.

At the time, the woman reported to police she was walking on South State Road 7 one night in late December when an unknown man approached with a gun and threatened to shoot her if she struggled or made a scene. She then said the man forced her to a nearby car dealership and sexually assaulted her repeatedly inside a vehicle. The woman survived the attack, reported it to police and a rape kit was performed and submitted to the crime laboratory at the Broward County Sheriff’s Office. But nothing happened. Defendant has a lengthy criminal record and documents from the Hollywood Police Department show their agency received a crime lab report from Broward in 2006 indicating a routine search of their national DNA database had returned a possible lead in the 2003 case with this particular defendant. It’s unclear why neither agency followed up.

A 2014 audit of practices at the Hollywood Police Department, according to NBC Miami, revealed the agency had dozens of sexual assault evidence kits stowed away in a locked evidence room, rather than submitted to a crime laboratory. Once the audit was finished, two arrests were made in the two dozen cases that were reviewed. The chief reported at the time that he was establishing a special unit solely to handle rape kit analysis. Continue reading

May 14, 2018

How the Cosby Conviction Could Change the Rules Criminal Defense Tactics

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

Comedian Bill Cosby’s conviction for aggravated indecent assault was born of a set of highly unique circumstances. It involved a civil case deposition that was previously sealed. It involved a high-profile defendant. It involved a previous agreement not to prosecute (one the Pennsylvania DA simply ignored). But perhaps one of the most important unique elements of this case is the testimony from previous victims.

While the case isn’t likely to serve as an exact blue print for how we might expect future sexual assault investigations to go, but we could well see a difference in criminal defense lawyer strategies. Attitudes both inside and outside the courtroom toward accusers and alleged victims of sexual assault and harassment are changing in the er of #MeToo.

Take for instance the fact that when this case first went to trial, none of Cosby’s other accusers (and there are many) were allowed to testify because, as the court reasoned, those incidents had nothing to do with the specific accusations against the defendant in this incident. Andrea Constand accused the star of drugging and sexually assaulting her at his mansion in 2004. Constand is gay and was in a relationship with a woman at the time of the incident, despite Cosby’s insistence that this encounter – and several others prior – were consensual. Continue reading

May 5, 2018

Fighting Conviction Following Florida Prostitution Arrest

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

A county commissioner in his 70s has been immediately suspended by the governor following his arrest on multiple misdemeanors alleging prostitution. The commissioner, from Hernando County, reportedly wrote the governor and asked he be suspended effective July 17th – significant because that’s the day after which it would be too late to put his elected seat on the ballot this year. Gov. Rick Scott chose instead to remove him from the post right away.

The Miami Herald reports the commissioner was arrested for:

One count operating a location for the purposes of lewdness, assignation or prostitution;
Two counts purchasing services from a person engaged in prostitution.

Both of these are violations of different parts of F.S. 796.07, which prohibits prostitution and related acts. A first offense for any of this is considered a second-degree misdemeanor, punishable by up to 60 days in jail. But for many individuals, like this defendant, the problem is less about the jail time (though two months in jail could easily cost one his or her employment) or even the maximum $5,000 fine. The more troubling aspect is the permanent stain on his or her criminal record record. Continue reading

April 28, 2018

Florida Opioid Death Defendants Face Manslaughter or Murder Charges

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

As Florida – and the rest of the country – have been grappling with a crisis of opioid addiction, law enforcement and prosecutors have been pursuing criminal action against those who make these drugs available. Drug-dealing has never been legal, but increasingly, prosecutors are going after doctors, pharmacists and others with murder charges against those who distribute drugs that lead to fatal overdoses.

Recently though, a circuit court judge in Central Florida has tossed several first-degree murder charges against dealers accused of doling out a fatal dose of fentanyl, based on the fact that the cases were reportedly initiated under a faulty legal premise. As The Orlando Sentinel reports, several other defendants are now seeking to have their homicide cases dismissed. The state attorneys office has sent notice to attorneys and judges in similar cases of the ruling, as it could have a direct bearing on pending criminal cases in that region – and potentially throughout the state.

It was only last October, Gov. Rick Scott signed off on a law that would add fentanyl to the list of illicit drugs for which dealers could be charged with murder in the event of a deadly overdose. Maximum penalties per F.S. 782.04, the state’s murder statute, could include either life in prison or execution. Continue reading

April 20, 2018

New Florida “Red Flag” Law Allows Police to Seize Guns, Arrest Those Who Refuse

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

Following the mass shooting at a South Florida high school in February, Florida became the sixth state to pass a so-called “red flag law,” something numerous other states are also examining.

Sometimes also referred to as a “risk warrant law,” this measure approved by state legislators last month give police officers the authority to temporarily remove guns and ammunition from individuals who display warning signs of violence to themselves or others. Floridian Sen. Marco Rubio has said he plans to introduce similar legislation at the federal level that would allow close family members and law enforcement the ability to obtain a court order to bar future gun sales to someone who might pose a threat. Backers of red flag laws say they can help drive down the number of gun-related injuries and deaths, including suicides. Opponents say they deprive citizens of their Second Amendment rights without due process.

Before Florida, five other states (Washington, Oregon, Indiana, Connecticut and California) had laws on the books enabling officers to seize firearms after receiving notice that a person with access to deadly weapons may pose a danger to themselves or others. It’s not clear exactly how effective these laws are (it’s difficult to opine the number of crimes prevented). We do know that in Connecticut, an average of seven guns were seized from every one person targeted from 1999 to 2013. Continue reading

April 12, 2018

Fewer Florida Death Sentences Post-Unanimous Jury Rule

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

It’s been a year since the U.S. Supreme Court deemed Florida’s process of deciding death penalty cases unconstitutional for the second time.

Florida had a long-standing practice of allowing imposition of the death penalty without the unanimous support of a jury. Before the 2016 ruling in Hurst v. Florida, courts here only required a recommendation of a simple majority of jurors (7-5), though the decision was ultimately up to the judge. Not Ok, ruled the U.S. Supreme Court, finding it a violation of the Sixth Amendment. The state legislature revised the rules, deciding at least 10 out of 12 jurors needed to agree in order to impose the death penalty. Last year, the U.S. Supreme Court ruled that still wasn’t good enough, as it violated the Eighth Amendment’s provision against cruel and unusual punishment. Juror input and consensus is mandatory in capital cases.

Now, the Tampa Bay Times reports that since those two rulings, there have been “far fewer” convicted murderers sentenced to death in the state. Continue reading

April 7, 2018

FHSMV Doles $5M to Warn Public About Penalties for Driving High

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

Marijuana use is gaining acceptance in a growing number of states across the country, and it’s even approved in Florida for limited medicinal uses. Many municipalities have decriminalized personal possession, but that doesn’t mean people can use it with impunity – particularly on the roads.

In fact, nothing about F.S. 316.193, Florida’s driving under the influence statute, has been altered to allow drivers operating vehicles under the influence of marijuana to do so with any greater freedom. But the increased popularity has led the Florida Department of Highway Safety and Motor Vehicles to allocate $5 million to a public service campaign to warn people of the consequences for driving while high. The “Drive Baked, Get Busted” initiative is an attempt to discourage people from driving after they have smoked or otherwise consumed marijuana. The campaign has already started cropping up on billboards and on local television and radio broadcasts statewide.

The state is specifically targeting motorists 18 to 34, as well as those 55 to 74. Additionally, authorities plan to start collecting data on positive drug test results gleaned in traffic crash investigations, with the goal of helping policymakers ascertain how frequently drug use plays a part in crashes and other traffic offenses. These tests are likely to be similar to what are used in roadside tests used to ascertain sobriety, except they would likely use urine as opposed to breath. But as our criminal defense attorneys know well, the challenge here – and with prosecutions of drivers accused of DUI marijuana – is how to ascertain if someone is actually under the influence, or merely consumed marijuana at some point recently. Continue reading

March 28, 2018

Florida Arrest Diversion Bill Considered by State Lawmakers

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

Florida lawmakers are considering a pre-arrest diversion program – something many counties and judicial circuits already offer – that would be uniform throughout the state. HB 1197 and companion bill SB 1392 would create two separate pre-arrest diversion programs in each judicial circuit in Florida.

The measure calls for a diversion program for adults and another for juveniles. The basic goal is to offer certain misdemeanor offenders the opportunity to complete community service, drug treatment and other requirements in lieu of sending their case down the criminal justice pipeline. Those who fail to successfully complete the diversion program requirements would be adjudicated through the typical process. However, those who are successful would have the opportunity to avoid a criminal record entirely, and could have record of their arrest sealed or expunged.

The bill would grandfather in existing diversion programs, so long as it was operational before the measure passed and new programs will be allowed so long as the state attorney determines it will be in compliance with the state law. Supporters of the measure say that while many circuits do already have such programs, the lack of consistency is problematic. Introducing a uniform framework with specific guidelines for law enforcement and prosecutors will streamline the process. Continue reading