Fort Lauderdale Criminal Attorney Blog

September 6, 2016

Patterson v. Florida – Due Process Implications of Destroyed Evidence

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

The Florida Supreme Court has sided with state prosecutors over a criminal defendant in a due process dispute that created conflict between Florida appellate courts.

In the case of Patterson v. Florida, the state high court sided with the 1st District Court of Appeals, which found no due process violation in a case where testimony was admitted from state experts who physically examined evidence prior to its destruction, where a defense expert didn’t have the same opportunity. The 1st DCA had ruled it was only a due process violation if the destruction of evidence happened in bad faith. However, the 4th DCA, when faced with the same issue in Lancaster v. State, a 1984 case, the court had ruled that where destroyed evidence was potentially useful to the defense, this is a due process violation, regardless of whether the destruction was in bad faith.

The state high court in reaching this conclusion relied on the 1988 U.S. Supreme Court case of Arizona v. Youngblood, which held the state’s loss or destruction of evidence that’s potentially useful to the defense violates due process only when done in bad faith. In the Patterson case, the court ruled there was no due process violation because there was no evidence of bad faith. Continue reading

September 2, 2016

Court: Cops Can’t Stop You Just Because Your State Has Legal Weed

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

Drivers in states where marijuana is legal cannot be pulled over in other states by cops who make assumptions based on solely on the origin of the license plate. That’s according to a ruling by federal justices with the U.S. Court of Appeal for the Tenth Circuit.

Mind you, this ruling – Vasquez v. Lewis and Jimerson – is technically only applicable in the Tenth Circuit, which covers the six states of Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah, plus those portions of the Yellowstone National Park extending into Montana and Idaho. However, given that this is not an issue that has arisen at this level in other jurisdictions, it’s likely to have set a clear precedent on the constitutionality of such practices. Some have referred to policing in this manner as, “license plate profiling.”

It’s not as major of a problem here in Florida because not many other nearby states have allowed legal marijuana, even for medicinal purposes. But that’s not to say someone traveling from Washington or Colorado might not get the side eye from law enforcement here. Based on the reasoning of the 10th Circuit, this is wrong. Continue reading

August 31, 2016

Goodman v. Florida – DUI Manslaughter Case Questions Forwarded to Florida Supreme Court

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

Florida’s Fourth District Court of Appeal recently denied Wellington polo magnate John Goodman’s motion for a rehearing in his DUI manslaughter case. However, the court did submit several questions “of great importance” to the Florida Supreme Court.

In Goodman v. Florida, Goodman asked the court to rehear his evidence regarding the testing of his blood following a fatal accident in 2010 that killed 23-year-old recent college graduate Scott Patrick Wilson. Goodman allegedly was drunk at the time of the collision and reportedly left the scene of the crash without calling emergency services. Wilson’s vehicle was later found overturned in a canal, where he drowned.

Goodman had been convicted two years later of DUI manslaughter and failure to remain at the scene of the crash. However, that conviction was later tossed due to juror misconduct and the case retried. Goodman testified he wasn’t drunk, and insists his vehicle malfunctioned and that was the cause of the crash. This was despite the fact that his blood-alcohol level was reportedly more than twice the legal limit some three hours after the crash, according to the testing that was done on his blood. He was ultimately convicted again, sentenced to 16 years in prison and fined $10,000. Continue reading

August 25, 2016

Conflicting Rulings on Red Light Cameras in Florida Courts

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

When it comes to red light cameras, states have come to different conclusions about them. According to the Governors Highway Safety Administration (GHSA), 21 states plus the District of Columbia have laws that permit some form of red light camera use, while 10 states prohibit use of them. Another 19 states haven’t decided one way or the other.

So it makes sense, then, that jurisdictions in Florida haven’t come to a clear consensus either. The state allows the cameras and cities can make up their own minds about how to implement them. The traditional penalty for red light running is $125 and three points on your license. Paying a red light camera ticket will result in a $158 fine, but no points on your license. But now, even the courts have taken sharply different stances on the issue.

In Florida v. Jimenez, Florida’s Third District Court of Appeal has held that the red light camera program in Aventura does not violate a state law that prohibits farming out law enforcement responsibilities to private companies. The issue was whether the review of red light camera footage by the private companies that provide, install and maintain the cameras crosses the line. Personnel for these firms first review the footage and then forward perceived violations to local law enforcement, which also reviews and then decides whether to issue a ticket via mail. Continue reading

August 21, 2016

Authorities Arrest 6 in South Florida Drug Trafficking Ring

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

Two stolen prescription pads. That’s all authorities say was needed to forge 140 prescriptions for approximately 17,250 doses of powerful prescription drugs, which were then resold on the streets of South Florida, likely for tens if not hundreds of thousands of dollars.

Authorities allege the group operated in Boynton Beach throughout 2015. The U.S. Drug Enforcement Administration (DEA) has filed hundreds of charges in the case – including 112 counts against a single 29-year-old woman from Pompano Beach. She and another woman, 25, of Lake Worth were medical assistants at Bethesda Health who allegedly stole the prescription pads from the office of Dr. Edyta Mularczyk, an internist in Boynton Beach. Investigators are accusing them and four others – ages 52 to 62 – of drug trafficking and RICO conspiracy charges. Warrants have been issued for four other individuals, including three from Fort Lauderdale. (Two of those already arrested are from Fort Lauderdale as well.)

It is alleged the group wrote prescriptions for drugs such as oxycodone and morphine, and then sold those drugs on the black market. Warrants for their arrest say the missing prescription pads was the first red flag, though it’s not clear if that was initially reported to police. What staffers began to notice, however, was that the number of prescriptions filled by certain patients aroused suspicions. For example, in one case, a single patient filled 19 prescriptions for powerful pain medications over the course of just a few months. Continue reading

August 18, 2016

9th Circuit: Feds Can’t Pay to Prosecute State-Sanctioned Marijuana

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

U.S. prosecutors were dealt a significant blow recently with a decision by justices with the U.S. Court of Appeals for the Ninth Circuit, in their decision regarding 10 consolidated appeals of persons facing federal marijuana charges. What the court ruled was that prosecutors can’t use federal tax dollars to prosecute individuals who were acting in accordance with state-approved marijuana laws.

The ruling follows a 2014 Congressional amendment that strips the Department of Justice of the right to interfere with the state-level implementation of medical marijuana laws. Prior to this, it was not uncommon for federal prosecutors to aggressively pursue those who operated medical marijuana cultivation operations, medical marijuana dispensaries and manufacturers of certain marijuana-infused products.

When this law was passed, numerous people who were being prosecuted by the federal government on these types of charges asked the courts to dismiss their cases, arguing their actions were in compliance with state law. For example, one group of defendants (there were 10 in all in the consolidated appeal) operated a number of L.A. marijuana dispensaries were criminally charged by the feds with distributing more than 100 marijuana plants. The court remanded those consolidated cases back to the lower court for consideration of whether defendants were in fact in compliance with state statutes. If they were, the charges against them should be dismissed. Continue reading

August 14, 2016

Domestic Discord, Violence Was Cause of Fatal Shooting in South Florida, Police Say

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

A 20-year-old woman reportedly engaged to a 62-year-old man was shot dead, as was a 50-year-old male friend, allegedly by her fiance who police say was jealous.

Authorities told the Sun Sentinel that George McCray, who has a long list of prior felony convictions, shot the pair after discovering the two talking outside victim Sania Copeland’s apartment. This was around 8 a.m. McCray allegedly returned five hours later to carry out the shooting.

According to family members, McCray had told Copeland that if he couldn’t have her, no one could.

McCray is now charged with two counts of murder and being a felon in possession of a firearm. Continue reading

August 9, 2016

Grand Theft Auto v. Carjacking: Both Serious Felony Crimes in Florida

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

There have been a number of recent high-profile cases of theft of motor vehicles in South Florida in recent weeks, with defendants in each case facing serious penalties.

Still, it’s important to note that grand theft auto and carjacking, while both major crimes, are inherently different, which means the approach of prosecutors and defense attorneys will be different as well.

Grand theft auto, as codified in F.S. 812.014, is a third-degree felony, punishable by up to five years in prison and a maximum five of $5,000. It’s on par with theft of a firearm or commercially-farmed animal or a controlled substance. The offense may be bumped up to a second-degree felony if the vehicle involved costs more than $20,000 (but less than $100,000), in which case the penalty is increased to a possible 15 years maximum in prison. Carjacking, meanwhile, is codified in F.S. 812.133, is a life felony if a firearm is used; Otherwise, it’s considered a first-degree felony, punishable by up to 30 years in prison. Carjacking is the act of taking a motor vehicle either by force, violence, assault or putting in fear. Continue reading

August 6, 2016

Murder Sentence of Florida Man Convicted as Teen Reviewed

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

Earlier this year, the U.S. Supreme Court ruled that people sentenced to life in prison as minors deserve to have their cases reviewed to determine whether there is any chance they may in fact be eligible for parole.

Now, the effect of that retroactive split 6-3 decision is that courts are beginning to take on these sentencing reviews of decades-old cases.

Our Fort Lauderdale defense attorneys know this type of situation requires a legal team with extensive experience. Even though the entire case isn’t being retried, many of the considerations that will need to be weighed will involve delving into decades-old circumstances. We would look to see how we might counter any aggravating factors raised by the prosecution and how to effectively present any mitigating circumstances that may serve to lower the final sentencing. Continue reading

August 2, 2016

Report: Bank Robbery Suspects Increasingly Women

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

Bank robbery has historically been a man’s game. Even dating back to the days of “Pretty Boy Floyd” and “Baby Face Nelson,” bank robberies generally involved men who organized a hostile takeover of the entire bank, holding up the entire business at gunpoint, forcing managers to open the vaults, taking hostages and engaging in gun battles with police.

Women, if they were ever involved, usually almost always were accomplices, either driving the getaway car or helping out in some other capacity.

But bank robberies today look very different, and increasingly, it is women who are facing down the charges. The Sun-Sentinel reports this is largely due to the fact that these crimes are no longer as violent as they once were. In fact, it often isn’t necessary to wield a gun or to even necessarily have one. Continue reading