Fort Lauderdale Criminal Attorney Blog

April 2, 2017

Will Sessions Revive the “War on Drugs”?

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

After decades, it seemed there was finally a general bipartisan consensus – even if unspoken by some – that the so-called, “War on Drugs” was a failed one. Formally kicked off and coined in 1971 by President Nixon, it began with a primary focus on drug addiction treatment. However, it morphed over the next decade with the Reagan’s, “Just Say No” campaign to one of heavy-handed enforcement, including harsh minimum mandatory penalties on even low-level, non-violent drug offenders.

But there was a recognition over time that this hyped enforcement did little to curb drug use, didn’t make communities safer and actually had a disproportionate impact on lower income and minority communities. In the last decade, there has been a reversing trend that once again focuses on treatment and has peeled back some of the tougher penalties for low-level drug crimes. Marijuana is now legal in most states (including Florida) for medicinal purposes and in a handful of states for recreational use and sales.

However, some are concerned that new U.S. Attorney General Jeffrey Sessions may be preparing to crack down once more. Sessions has a long history of disdain for drug use and drug users. Still, some thought it unlikely he would return to policies that had proven unpopular and ineffective. Still, some of his recent comments seem to indicate he may not back down. Continue reading

March 29, 2017

Intoxication Defense Presented in Broward Domestic Violence Trial

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

The intoxication defense is not one that is often used in criminal cases because it is rather difficult to successfully assert. The crux of it, though, is that a defendant, due to intoxication, did not understand the nature of his or her actions or know what he or she was doing, and therefore had limited culpability.

The defense typically only applies in very limited circumstances, and often depends on whether intoxication was voluntary or not and the level of intent required by statute for the particular charge at issue.

Recently in Broward County, a defense lawyer on a domestic violence case revealed his intent to assert the intoxication defense on behalf of a U.S. Air Force veteran who served overseas and was suffering severe post-traumatic stress disorder, back pain and depression at the time of the alleged incident. Continue reading

March 22, 2017

Marijuana Laws May be Disparately Enforced on College Campuses

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

Marijuana laws are rapidly evolving around the state – including here in Florida, where voters agreed to widen access to medicinal pot. At the same time, four other states were added to the list of those that now allow recreational marijuana use (bringing the total to eight).

But while the state marijuana laws in this country vary wildly, there are two things you should know that apply everywhere:

Marijuana is illegal under federal law.
Most college campuses still do not allow it.

Take, for example, University of Massachusetts-Amherst. A spokesman for the university recently told USA Today that while marijuana was legalized statewide for adults to possess, sell and use for recreation, it’s still not allowed on campus. Because it’s illegal at the federal level, it’s barred on campus and considered a violation of student code, similar to possession of alcohol. Continue reading

March 21, 2017

Former Military Contractor Convicted of Sex Trafficking in Florida

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

A South Florida computer expert starting out his decade-long sentence for a conviction of espionage has just been found guilty again, this time of underage sex trafficking.

The Miami-Herald reports defendant was accused and ultimately convicted of exploiting girls who were underage – between 13 and 16 – for sex while he was working in Honduras for the U.S. Department of Defense. The crimes allegedly occurred between 2010 and 2014. Now 36, the former West Palm Beach native faces a minimum mandatory additional 15 years in prison, with the possibility of being handed a life sentence.

In a classic case of “what not to do when you’re facing serious felony charges,” the man represented himself during the Miami-based federal trial, which lasted for a month. The proceedings were marked by bizarre episodes. For example, although defendant was born and raised in the state of New York and spoke fluent English, he demanded the court provide him with a Spanish interpreter to help translate the proceedings. Continue reading

March 17, 2017

Florida Cops: Spring Break Patrols Will be in Full Force

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

Spring break in Florida is something of a rite of passage for many college students across the country. They flock here for a brief, sunny respite from the mid-semester doldrums and flood the state’s beaches and bars.

Many communities thrive off this yearly influx of younger visitors. However, state and local police are issuing stern warnings about what is expected of visitors here and what kinds of enforcement actions they can expect.

In particular, police are focused on:

Public drinking
Drinking and driving
Underage consumption of alcohol

March 15, 2017

Selfie Leads Florida Police to Alleged Reckless Rider

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

Technology has made our communications and interactions instantaneous. It’s become second-nature to document almost every waking moment – from what we’re eating for breakfast to conflicts at work to expressions of affection, amusing observations and plans.

But the platforms on which we share these insights and information aren’t as private as we might think. Law enforcement agencies and prosecutors have gotten very adept at scouring these sites for evidence that may help bolster a criminal case. That could include identification of a suspect or evidence that might be used against a known person or both. People need to be very mindful of this fact when they go to post anything on the internet – even in seemingly closed communications.

Recently, The Sun Sentinel reported Hollywood police officers were able to track down a man who evaded police with active lights-and-sirens on an all-terrain vehicle while riding down the highway during a, “Bikes Up, Guns Down” event in January. This was an impressive feat considering the officers didn’t know the man’s name, the ATV didn’t have a plate number on it and the man lived 1,150 miles away and returned home shortly after the incident. How did they do it? A cell phone selfie-style video. Continue reading

March 9, 2017

Florida Supreme Court Affirms Ban on Open Carry of Firearms

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

In a divided and controversial ruling, the Florida Supreme Court upheld a longstanding ban on people openly carrying firearms in public.

The court disagreed with passionate arguments by supporters of the Second Amendment, instead ruling 4-2 that the state law doesn’t impede the exercise of the core right to bear arms. Rather, the law only regulates one manner of how a person can bear arms. The court’s decision is an affirmation of the findings by the 4th District Court of Appeal, which in 2015 decided against a man arrested for open carry of a gun in a holster in St. Lucie County.

Defendant in the case, Norman v. Florida, specifically challenged the constitutionality of F.S. 790.053, the state’s open carry law, which has been in effect since 1987. The statute holds that except as otherwise provided, it’s against the law for anyone to openly carry on or about his or her person any gun or electric weapon or other device. In order to be lawfully carrying a gun, one has to be licensed to carry a concealed firearm and the firearm has to be adequately concealed. Continue reading

March 6, 2017

Breathometer Maker Faces Sobering Truth: It Doesn’t Work

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

Makers of a device called the “Breathometer” promised that their product could help drinkers determine when they’d had too much to drive.

The product concept was first pitched on the television show, “Shark Tank,” and it involved an app-supported smartphone device that would help consumers make smarter decisions about whether to refrain from driving after consuming alcohol. By breathing into the app device attached to their phone, users would be able to tell whether they were over the legal limit of 0.08 alcohol concentration.

However, the Federal Trade Commission recently slammed the company, ultimately negotiating a settlement, amid charges the device didn’t actually work as promised. Specifically where the FTC was concerned, the company lacked the scientific evidence to support the claims made in advertising. Continue reading

March 1, 2017

Florida Lawmakers: Scrap Minimum Mandatory Sentences for Non-Violent Offenses

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

Florida Senate committee members unanimously voted on a measure that would eliminate mandatory minimum sentences in 118 crimes where such requirements currently exist. Members of the Senate Criminal Justice Committee say mandatory minimum sentencing guidelines, a holdover from all those “tough-on-crime” initiatives, passed SB 290, which gives judges more discretion in sentencing on non-violent offenses (save for drug trafficking).

The decision came as lawmakers noted that thousands of people are being locked up in the state every year for decades-long sentences that are costing taxpayers an inordinate amount of money, ruining lives and doing very little to keep anyone safe in the long-run. In fact, these efforts may be counter-intuitive to public safety because they leave those hemmed up in the system with very few resources or supports once released after spending a much of their life in prison.

Take for example the case of a woman serving a 25-year sentence at the Homestead Correctional Institution for selling less than 40 pills in exchange for $300. Minimum mandatory sentencing guidelines required the judge to impose the maximum penalty of 25 years. She won’t be released until 2023. By then, her incarceration will have cost taxpayers more than $450,000. Continue reading

February 28, 2017

South Florida Teen Charged as Adult in Fatal Crash Faces Re-Trial

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

The boy was just 15-years-old in November 2015, allegedly driving a stolen Mustang convertible at reported speeds of up to 120 mph as he tried to evade the police officers chasing him, lights flashing.

At the same time, a woman was on her way to pick up her own teenager, a 16-year-old girl who was in dance class. She never saw the convertible that crossed through that intersection. The 46-year-old woman, a mother of two, was ejected from the vehicle and died instantly, according to The Sun-Sentinel. The crash occurred at the intersection of Palmetto Park Road and Northwest Second Avenue, after the teen reportedly ran a red light.

Prosecutors have direct-filed the teen as an adult on charges of vehicular homicide, fleeing the scene of a fatal crash and driving without a license. If convicted on all charges, he faces up to 25 years in prison. His first trial took place in January and ended in a mistrial. Jurors reportedly deliberated for more than nine hours and still were unable to reach a unanimous verdict. Continue reading