Fort Lauderdale Criminal Attorney Blog

December 11, 2017

South Florida Fraud Conviction Results in Years in Federal Prison

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

The Federal Trade Commission released a report earlier this year revealing Florida ranks No. 1 for complaints of fraud, and No. 2 for identity theft – the No. 1 fraudulent practice. From January through December last year, there were 270,000 complaints of fraud, amounting to 1,306 complaints of fraud per 100,000 population.

So it’s no real surprise that our criminal defense attorneys are handling an increasing number of cases involving defendants accused of some type of fraud. As the FTC notes, the most common categories of fraud were:

Debt collection fraud;

Imposter scams;
Identity theft;
Phone & mobile fraud;
Bank and lending fraud.

These offenses can be charged at either the federal or state level, though they are more often federal cases because of the fact that many extend across state lines. Such was the case out of Fort Lauderdale involving four men accused of mail fraud. The Sun Sentinel reports the men were accused of participating in a sweepstakes mail fraud scheme that conned more than 100,000 people out of $25 million. Continue reading

December 4, 2017

Driver Gets 12 Years Prison for Fatal Bicycle Accident in South Florida

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

A Palm Beach County man accused of DUI manslaughter and leaving the scene of a fatal bicycle accident received a sentence of 12 years behind bars, following his conviction on the latter charge this summer. He’d been acquitted of DUI manslaughter, the Palm Beach Post reported.

This case was in the headlines for a number of reasons, most obviously because it involved the death of a 65-year-old bicyclist. However, there was more to it. Initially, the defendant’s girlfriend, who had been in the passenger seat, agreed to tell officers at the scene that she had been the one driving. The pair reportedly made the decision due to the fact her boyfriend had a prior conviction for driving with a suspended license, and they knew whatever sentence was to be received was harsh. She spent more than a year on house arrest before providing prosecutors with evidence – both emails and text messages shared between the pair – that indicated his alleged guilt.

The DUI manslaughter charge was a difficult one to prove from the outset because responding officers never tested defendant’s blood-alcohol concentration at the scene of the crash, given that they did not believe him to be the driver. However, a change in Florida law pursuant to hit-and-run crashes means drivers who flee the scene of a deadly crash, per F.S. 316.027, face the same minimum mandatory sentence – four years – as someone convicted of DUI manslaughter, per F.S. 316.193. The change in law was meant to serve as an incentive to possibly impaired drivers to remain at the scene of serious crashes and render aid, as required by law. Continue reading

November 29, 2017

Florida Racial Profiling Alleged in Pedestrian Citations

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

A new report co-published by the Florida Times Union and journalism non-profit ProPublica revealed strong evidence that the sheriff’s office in Jacksonville has been racially profiling people of color for pedestrian citations. While such tickets might seem a minor annoyance, the disproportionate way in which they are reportedly being doled out raises serious concerns that the department could be disparately deploying justice. If it’s happening with pedestrian tickets, it’s not an enormous leap of logic to suppose it may be happening when it comes to other offenses too.

Our traffic ticket defense lawyers know that a simple allegation of racial discrimination won’t necessarily stand up as a defense in court. While it could be grounds to file a civil rights lawsuit, in criminal or traffic courts, the main issue will be the reasonable suspicion to stop the individual and the strength of evidence of a crime or violation.

As far as these citations, Florida has a wide range of 28 different statutes pedestrians are required to follow. There are prohibitions on everything from jaywalking to crossing the street against a red light. Local ordinance in Jacksonville also allows ticketing for crossing the street at anything other than a right angle, crossing at a yellow light or not walking on the left side of the road that lacks a sidewalk. The sheriff’s office insists it must vigorously enforce these provisions because Florida has the highest rate of pedestrian deaths in the country. That is true, of course, but the journalists discovered the laws aren’t being applied unilaterally. Continue reading

November 22, 2017

FBI Concedes Hair Analysis Flaws in Criminal Cases That Spanned Decades

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

The U.S. Department of Justice, as well as the FBI, made an official acknowledgement that almost every examiner in the FBI’s elite forensic unit provided testimony that was inherently flawed in nearly all trials wherein they offered evidence against defendants in criminal cases for more than 20 years prior to 2000.

The Washington Post reported that specifically, of the 28 examiners who worked for the microscopic hair comparison unit, all but two overstated the forensic matches of the evidence in a manner that bolstered prosecutors more than 95 percent of the time – and that is just of the nearly 270 trials that have so far been reviewed by the Innocence Project and the National Association of Criminal Defense Lawyer. Within those cases, 32 inmates were sent to death row and 14 have either already been executed or they died in prison. Although the DOJ was quick to point out that this doesn’t mean there weren’t grounds for defendant to be convicted, but federal and state prosecutors in almost every state and D.C. are being issued notifications so they can determine whether there are grounds for appeals. Four defendants were exonerated prior to the review.

Our Fort Lauderdale criminal defense lawyers know this is huge, not only for these defendants who may be involved, but because juries often give great weight to the evidence and testimony presented by forensic experts. And yet, this isn’t the first time these scientific methods have been called into question. It requires a great deal of skill and experience to challenge this kind of evidence, but findings like this give us even more tools to do so. Continue reading

November 15, 2017

Benefits of Getting Your Florida DUI Reduced to Reckless Driving

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

Following a Fort Lauderdale DUI arrest, the primary goal of our DUI defense attorneys is to challenge the charge outright and secure a dismissal or not guilty verdict. However, when the unfavorable evidence is substantial and chances of that are slim, we may adjust our strategy to negotiate with prosecutors, requesting to amend the charge from DUI to the less serious offense of reckless driving.

This is precisely what golf pro Tiger Woods did after his Florida DUI arrest in Palm Beach County earlier this year. Authorities arrested him after he was reportedly found passed out at the wheel of his vehicle. He was accused of intoxication with prescription drugs and marijuana. There was no alcohol in his system. He would later release a statement saying he was attempting to self-medicate to relieve pain from a previous back surgery and insomnia.

By pleading down to reckless driving, F.S. 316.192, as opposed to DUI, F.S. 316.193, defendants can avoid many of the negative consequences that accompany the more serious charge. Continue reading

November 5, 2017

Court to Decide if Evidence Errors Require Drug Convictions to be Tossed

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

Multiple drug convictions could be overturned, if a state high court decides the trial court erred in allowing certain evidence to be considered.

Although this is an out-of-state case, errors in evidence admission aren’t rare. The question is whether evidence errors ever warrant a reversal. Trial courts do have broad discretion in deciding when to exclude or allow evidence. That’s why appellate and state supreme courts don’t take such decisions lightly. Still, they will occasionally reverse convictions if relevant evidence prejudicial to defendant was allowed for consideration when it shouldn’t have been or if relevant information helpful to defendant was suppressed or excluded erroneously.

The appellate courts will consider whether the evidence is of consequence or material. If it’s not key to the case and the question of guilt or innocence, the court likely won’t take a drastic step like reversal. In criminal cases, they will also look at whether there was prosecutorial abuse, including inappropriate arguments to jurors or mischaracterization of applicable law. Continue reading

October 31, 2017

No Broward Domestic Violence Charges Against NFL Player

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

The state attorney’s office announced in a recent memorandum they would not press charges against Miami Dolphins NFL player Jarvis Landry for an alleged incident of domestic violence in Broward County last spring.

The football player had been under investigation since the alleged incident in April.

The decision by the state attorney several months later underscores how these types of investigations work, and why it’s to your advantage to consult with an experienced criminal defense attorney as soon as possible after your arrest. Continue reading

October 21, 2017

Note to Florida Defendants: Don’t Try to Crowdfund Your DUI Restitution

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

In cases that result in drunk driving convictions, a judge may assign varying penalties, depending on things like defendant’s prior criminal record and whether anyone was injured. In some cases that result in direct injury to another person, the court may order restitution. This is money paid by defendant to the victim in order to compensate for certain losses.

It is separate and apart from any civil liability action that may be taken by victim(s). Victims can sue a drunk driver in civil court to obtain compensation for things like medical bills, lost wages, loss of life enjoyment, pain and suffering, etc. The circumstances under which restitution may be compelled are spelled out in F.S. 775.089.

If a judge in a criminal case orders you to pay restitution, it would be unwise to seek the public’s help in paying it. The reason is that while the intention is to compensate the victim, criminal courts are concerned with penalizing poor choices. That means the person who commits the crime is responsible to pay the penalties for that violation. Recently, a man convicted of two counts of DUI manslaughter in Texas raised ire and generated headlines when he created a GoFundMe account to help pay his court-ordered restitution following a conviction for a crash that killed to highway workers. At the time, defendant’s blood-alcohol concentration was 0.118, more than double the legal limit. Continue reading

October 14, 2017

Tow Truck Driver Arrested for Fatal Florida DUI Crash That Killed Three

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

A tow truck driver in Ocala was arrested recently in connection with a January crash that claimed the lives of three people – a 61-year-old former congressional candidate, his wife and adult son. Investigators with the Florida Highway Patrol have alleged the truck was under the influence of drugs. He has been charged with three counts each of DUI manslaughter and vehicular homicide.

As most commercial drivers know, the standards they must abide are even more stringent than those faced by other drivers.

For instance, while F.S. 316.193 states a driver may be in violation of the per se bodily-alcohol concentration anytime it meets or exceeds 0.08, commercial drivers can face a number of administrative (and employment) consequences for driving with a BAC of 0.04 or higher. Continue reading

October 5, 2017

Florida DUI Plea Deal Crumbles After Defendant Late to Court

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

One of the benefits of having an experienced criminal defense lawyer who is knowledgeable not only about statute, but also about local procedures, policies and players is you have an inside track on what you can generally expect from certain judges, prosecutors and courthouse rules. Some judges may have a reputation for strict adherence to certain dress codes, while others may be a bit more relaxed. Courts are often foreign to many criminal defendants, so knowing exactly what to wear, when to arrive, how to act and how/ when to address the court is important.

One thing you will find most judges lack patience for is tardiness. Being on time is essential, and if you don’t have a very good reason for being late or missing a court appearance, you could face serious consequences. It could even result in an additional arrest.

Recently in South Dade, a defendant in a DUI with serious bodily injury case was slated to take a plea bargain, but all that fell apart and she is now facing many more years behind bars – because she was late to court, and the judge was frustrated with her behavior afterward. Continue reading