Fort Lauderdale Criminal Attorney Blog

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

September 29, 2017

“Selfies” Can Cause You Serious Trouble in Your Criminal Case

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

Everyone loves a good selfie. A Miami man known to his friends as “Cuban Harry” was no different. With more than 36,000 followers on Instagram, he was enmeshed in the South Florida hip-hop scene, and regularly posted about his exploits.

Pictures showed him flashing gold grills, body tattoos, blowing out smoke and aiming guns. One of his most popular poses, though, was with his hands clasped around a cup of what he called, “Purple Drank.” Celebrated by Southern rappers, the liquid is a type of brewed cough syrup and other substances.

But now, say prosecutors, he is facing criminal charges for more than simply sipping on the drink. He is accused of manufacturing and distributing it illegally. Some of his customers were rappers, others just regulars in the scene. Prosecutors alleged defendant rounded up a gang of young men who would rob stores for the ingredients necessary to make the drink. Continue reading

September 20, 2017

Prior Crimes Can Impact Your Sentence

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

Police recently arrested a hit-and-run suspect in Sunrise after the man allegedly struck a bicyclist who was on her way home fro work. The suspect comes to court as an experienced defendant, as this offense represents his sixth traffic violation just this year, including prior misdemeanors and felony counts. That was double as many as he had in 2015, when he was cited three times for traffic crimes, including a single-car crash.

According to The Miami Herald, he also has prior offenses for resisting arrest without violence, possession of marijuana, possession of drug paraphernalia and speeding. He is now facing a felony charge of leaving the scene of an accident with serious injuries. Per F.S. 316.027, it carries a maximum penalty of five years in prison. He is just 21-years-old.

In order to qualify as a “serious injury,” alleged victim must have suffered a physical condition that creates a substantial risk of death, serious personal disfigurement or a protracted loss or impairment of an organ or bodily member. Continue reading

September 7, 2017

Sheriff Promises Arrests for Outstanding Warrants at Hurricane Shelter

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

While monster Hurricane Irma threatens the Florida peninsula after battering the Bahamas, Floridians everywhere are making plans either to evacuate or hunker down. Those who choose to stay (or are unable to leave) may have only one option from this Category 5 behemoth – a designated shelter.

As our criminal defense lawyers in Fort Lauderdale understand it, one Florida sheriff has made the controversial decision to announce deputies would be checking IDs at the door, and not only would sexual offenders be denied access, but anyone with a warrant would be arrested on site.

The Polk County Sheriff announced days ahead of the storm that anyone who shows up at a hurricane shelter with an active warrant will be “escorted to the safe and secure shelter called Polk County Jail.” It should be noted the deputies have no way of knowing the underlying purpose of the warrant – whether it’s a violent felony offense or a non-violent misdemeanor. Continue reading

September 2, 2017

The Nurse, The Deputy and the Warrantless Blood Draw

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

In an explosive video that went viral recently, a Utah nurse is manhandled and arrested by a sheriff’s deputy, irate that the charge nurse refused to take a blood sample from an unconscious patient absent a warrant. He threatened her with charges like obstruction of justice. However, such charges won’t prevail when the officer’s initial directive was unlawful.

As our criminal DUI defense lawyers in Fort Lauderdale well know, the nurse was absolutely in the right. As the nurse states correctly in the video, from a constitutional standpoint, a person’s blood is his or her property. Any non-consensual search or seizure of it is subject to approval from a judge in the form of a warrant, barring exigent circumstances.

In this case, no such circumstances existed because, first of all, the badly-burned, unconscious patient in question, a truck driver, was not suspected of any wrong-doing. In fact, he is believed to be the victim of a drunk driver who swerved into the trucker’s lane of traffic, causing the rig to burst into flames, resulting in serious injury to the trucker. (The suspected impaired driver died at the scene of the crash.) Continue reading

August 25, 2017

Fake Credit Card Arrests in Florida Spike

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

A number of recent criminal cases in South Florida have involved counterfeit checks.

Florida Statute F.S. 817.60(6) deals specifically with forgery of credit cards. Violation of this statute is punishable under F.S. 817.67, which classifies it as a third-degree felony, punishable by up to five years in prison.

A strong criminal defense is required in these cases. Continue reading

August 20, 2017

Can I Legally Keep a Gun in My Car in Florida?

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

We all know the Second Amendment to the U.S. Constitution guarantees Americans the right to own weapons. However, that freedom is not without restriction, and it’s important to understand how state law may restrict your rights.

It’s common in Fort Lauderdale, Miami and West Palm Beach for gun owners to keep their firearms in the vehicle.

You should know that keeping your firearm in your vehicle is as legal as keeping it in your house – so long as it isn’t concealed. Continue reading

August 15, 2017

Pleading Down to Reckless Driving After Florida DUI

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

Recently, pro-golfer Tiger Woods agreed to plead guilty to reckless driving and enter a diversion program, in exchange for prosecutors dropping DUI charges against him.

ESPN reports the Florida DUI arrest occurred after Woods was found sleeping in his sports car, allegedly under the influence of sleeping medication and painkillers. No alcohol was found in his system. Following the diversion program, he will have the opportunity to ask the judge to expunge the reckless driving conviction.

As our DUI defense attorneys can explain, this is a somewhat typical outcome in a case like this in cases where:

Defendant has no prior criminal record;
Defendant did not harm anyone or cause property damage;
Prosecutors may not have the strongest case (i.e., intoxication via drugs is tougher to prove than alcohol impairment);
One is represented by an experienced attorney.