Fort Lauderdale Criminal Attorney Blog

November 10, 2016

Teen Arrested for Fatal Hit-and-Run Crash in Coral Springs

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

He’d just turned 18 and, according to police, was celebrating this milestone with a joyride in a stolen BMW late last month. But in those predawn hours, the teen is accused of using his cell phone and not paying attention to the road, causing him to slam into a sport utility vehicle, killing the other driver, age 39.

Now, that teenager is facing criminal charges that could lock him up for longer than he’s been alive.

Prosecutors have charged Gregory Holt with a series of charges, including failure to stop at the scene of an accident involving death, failure to render aid, vehicular homicide and driving without a license involving death. The collision occurred Sept. 25th, and a Broward judge recently set bond for the teen in the amount of $175,000. Prosecutors had been asking that he be held for at least $250,000. A passenger with Holt, who was not injured in the crash, was the one who told investigators Holt was using his phone and being inattentive to the road, and may also have been smoking marijuana and drinking alcohol. The vehicle had allegedly been stolen from a home in Coconut Creek that had been rented through Airbnb for a party that had a turnout of 150 people (unbeknownst to the owner). Continue reading

November 6, 2016

Kranchick v. State – DUI on Cough and Cold Medicine

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

People get coughs and colds all the time, and most don’t think twice about taking some medicine and getting behind the wheel. Unfortunately, this can result in serious consequences if you are pulled over or involved in an accident and deemed to be “under the influence” of these substances.

F.S. 316.193 prohibits motorists in Florida from “driving under the influence.” Most people define that by the second provision of the statute, which indicates that a person may be considered impaired if his/ her breath-alcohol level exceeds 0.08 or more grams of alcohol per 210 liters of breath (or 0.08 or more grams of alcohol per 100 milliliters of blood). However, the first part of that law says that one can be arrested on this charge if they are under the influence of any chemical substance that results in impairing a person’s normal faculties. This can, indeed, include cough and cold medicine. The penalties can be just as severe as if you chose to drink and drive.

As an example, take the recent case of Kranchick v. State, which was one such matter out of South Carolina. The facts giving rise to this case began in January 2002. It was about 3 p.m. and defendant lost control of her passenger vehicle while traveling eastbound on the interstate. According to court records, she swerved off the road, overcorrected and then slammed into the rear of a bobtail truck. That impact sent the truck spinning into the median, over the guardrail cables and into the path of a tractor trailer. The tractor trailer struck the smaller truck, causing the later to overturn onto its roof, killing the driver and severely and permanently injuring his passenger and the driver of the tractor-trailer. Continue reading

November 2, 2016

Report: Marijuana Arrests Outnumber Those for Violent Crimes

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

The so-called, “War on Drugs” has been an irrefutable failure in so many respects, to the point many states and municipalities have been actively working to de-criminalize possession of marijuana and related non-violent offenses. However, this does not meant that those caught with the substance can expect a break.

The Marijuana Policy Project, a pro-marijuana advocacy group, reports that since June 2015, numerous cities and counties in Florida have taken marijuana policy into their own hands to reduce the chances that consumers of marijuana are going to be arrested or jailed. Those include measures taken by: Miami-Dade County, Miami Beach, Hallandale Beach, Key West, West Palm Beach, Broward County, Wilton Manors, Palm Beach County, Volusia County, Orlando, Tampa, Osceola County, Alachua County and Port Ritchie. (Specifically here in Broward County, commissioners voted unanimously to give police the option to issue a $100 civil fine rather than arrest those caught with 20 grams or less of the drug. However, police still have the choice to make an arrest, at their discretion.)

But the question is whether laws like this are actually making a real dent. According to a new report by The Human Rights Watch, there continues to be a drug possession arrest in the U.S. every 25 seconds. Continue reading

October 29, 2016

Florida Hit-and-Run Arrest of Community Leader

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

A Florida hit-and-run arrest has shocked a local community where the defendant, 37-year-old Jarvis Kendrick, is a well-known leader in the area. He’s regarded as a philanthropic businessman who serves on numerous boards and committees.

Now, Kendrick stands accused of a first-degree felony after authorities say he struck and killed a 74-year-old woman with his pickup truck and left her for dead before concocting an elaborate story to cover his tracks.

Authorities say that had Kendrick simply stopped and rendered aid, as required under F.S. 316.027, he likely would not have faced any charges. Now, he’s looking at a maximum 30 years in prison. Continue reading

October 25, 2016

Florida Supreme Court Rejects Dippolito Appeal, Case Set for Second Trial

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

The high-profile murder-for-hire plot case of Dalia Dippolito is slated for a second jury trial before the end of the year, now that the Florida Supreme Court has refused to hear a request from defendant to toss out the charges.

In the matter of Dippolito v. Florida, justices gave no explanation for the denial, saying only it was denied upon review. A circuit judge had denied her dismissal request earlier this year. Florida’s Fourth District Court of Appeal rejected her request without even holding a hearing.

The bizarre case out of Boynton Beach has raised all sorts of issues about entrapment and whether the alleged plot was ever real to begin with. According to ABC News, Dippolito is accused of concocting a scheme to kill her former husband when they were just newlyweds. She reportedly, with the help of a friend, helped to hire a “hit man,” who was actually an undercover detective, to kill her husband. Continue reading

October 21, 2016

Hit-and-Run Suspect Arrested in Florida After Insurance Agent Tips Troopers

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

Failure to remain at the scene of a crash in Florida is not merely a minor traffic offense. It can result in high-level felony charges accompanied by severe penalties. It’s an offense for which defendants would do well to consult with an experienced criminal defense lawyer – the sooner the better. Making any statement to a law enforcement officer, insurance agent or other third party before talking to your lawyer could put your freedom and your future in jeopardy.

A Florida hit-and-run arrest was recently made in Hillsborough County (near Tampa) after an insurance agent contacted the Florida Highway Patrol after a customer reported damage to his vehicle.

According to Fox 13, a 56-year-old man from Clearwater was arrested at his home the day after a crash that killed 17-year-old Ashley Perdomo. Investigators say she had just left her shift that night at the El Unico Supermarket. As she crossed the street, investigators say a vehicle driven by Nikolaos Konstantinou struck her around 8 p.m. Konstantinou reportedly failed to stop. Continue reading

October 17, 2016

Sealing, Expunction of Juvenile Record in Florida Worth the Time, Expense

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

In Florida, you may be entitled to have your juvenile record sealed or expunged, depending on the circumstances in your case. Typically, this is a one-time deal, unless a judge determines a subsequent arrest is related directly to the arrest that was already sealed or expunged. Although there are some cases that can be expunged automatically and without the aid of an attorney, it is best to discuss your legal options with a lawyer.

You want to make sure it’s done right because a juvenile record can affect:

Where you live;
Where your family is allowed to live;
Where you can go to school;
Where you can apply for a job;
Whether you can obtain financial aid for college;
If you/ your family are eligible for welfare assistance.

October 13, 2016

Lionel Tate Case Conjures Regrets From Prosecutor, Judge, Defense Attorney

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

In 2001, a Broward County boy became the youngest ever in American to be sentenced to life in prison. That was 15 years ago.

Recently, a number of those who were involved in the Lionel Tate case, including the judge, the prosecutor and the defense attorney, convened as part of a panel before the Broward County Crime Commission’s conference on juvenile and adolescent violence. They were there to discuss the landmark case, which involved a 12-year-old boy who in 1999 killed a 6-year-old girl whom his mother had been babysitting. He was reportedly attempting to imitate the pro-wrestling moves that he had seen on television.

An appellate court overturned Tate’s murder conviction in 2004, finding it wasn’t clear he had understood the charges. That led to a plea deal in which he agreed to plead guilty to second-degree murder in exchange for a sentence of 10 years probation. Those who were involved in the criminal case say they lacked clear guidelines for how they were supposed to handle matters like this. They had never before faced this type of circumstance, and the courts didn’t offer much guidance. Continue reading

October 9, 2016

Prosecutorial Misconduct by Withholding Evidence Now a Felony in California

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

Prosecutors in California who withhold exculpatory evidence or tamper with evidence in a criminal case will now face felony charges themselves. The recent law, signed by that state’s Governor Jerry Brown, allows a penalty of up to three years’ prison time for prosecutors who withhold evidence that defendants could use to exonerate them. Before this law passed, such actions were criminal, but they were only considered misdemeanor crimes.

Officials say the measure was necessary in light of a growing number of cases wherein people have been wrongfully convicted at least in part because prosecutors abused their power and position. The measure follows a high-profile case in Orange County where a prosecutors in a murder case was found to have repeatedly violated defendant’s rights by not turning over key evidence. Although the court overseeing the matter did not find the prosecutor had engaged in willful misconduct, he was nonetheless removed from the case.

There are allegations from the public defender’s office in that region that corrections officers have for years violated inmates’ rights with an illegal jailhouse informant program that prosecutors tried to hide. This involved using the testimony of fellow inmates in exchange for leniency in their pending cases – while not disclosing this deal at trial. A number of high-profile criminal cases have collapsed as a result. Prosecutors are now saying if the law applies to them, it should apply to defense lawyers too. Continue reading

October 5, 2016

Florida Homicide Arrest Made in 26-Year-Old Cold Case

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

A South Florida domestic violence arrest recently led to a reportedly huge break in a 26-year-old cold case.

Joseph Zieler, 54, was arrested in August for allegedly shooting his adult son with an rifle. His was not seriously hurt, but Zeiler was facing a felony charge nonetheless. Because this was a violent felony charge, Zieler’s DNA was entered into CODIS (Combined DNA Index System). Lab workers reported a “hit” – on a double homicide/ sexual assault that occurred in Cape Coral way back in 1990.

According to The News-Press, police believe Zeiler, who was 25 and lived in the area at the time, killed 11-year-old Robin Cornell and 32-year-old Lisa Story, at their home in Cape Coral. Story was the roommate and friend of Robin’s mother, Jan Cornell. Continue reading