Fort Lauderdale Criminal Attorney Blog

May 2, 2016

Trio Arrested for Illegal Racing in Pembroke Pines

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

Three men were arrested in separate instances of alleged street racing in Pembroke Pines over the course of a weekend. All three men are reportedly from Miami-Dade, but the charges stemmed from separate situations, police said.

According to The Sun-Sentinel, street racing has been a problem in the area, particularly on U.S. Highway 27 South, north of the Broward/ Palm Beach County line.

In this case, authorities say the first incident occurred on a Friday night, shortly before 10 p.m. A police officer was traveling on Northwest 172nd Street when a silver Honda and a black Honda went whizzing by. They were both speeding side-by-side, the officer observed. The officer turned around and pulled over the silver vehicle.

As it turned out, the 22-year-old driver, Adrian Alberto Santiago, of Miami, reportedly had a suspended license. He was also wanted on a misdemeanor warrant for possession of marijuana in Broward County. The officer placed him under arrest, at which point Santiago reportedly voluntarily turned over a gram of marijuana that he had hidden in his pocket. He was charged with unlawful race, marijuana possession, violating probation on a grand theft conviction and a third-time violation of driving with a suspended license – a felony. Continue reading

April 30, 2016

Prosecutors Drop Broward Felony Mental Health Court Cases After Report

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

Criminal cases against dozens of people that have been languishing in Broward County’s felony mental health court have been dropped by prosecutors following the publication of “Trapped,” an investigating by The Sun Sentinel.

Reporters learned that people facing minor felony charges in mental health court spent six times as long in the criminal justice system as those whose cases proceeded in regular court. For a system design specifically to avoid this, it was deeply troubling. In fact, it wasn’t just defense attorneys who were concerned. Mental health advocates and even prosecutors agreed something had to be done about mental health court.

The court started out in 2003 with good intentions. The idea was to give them access to treatment in preparation for trial. But in practice, what happened was many were too ill to face the criminal justice system. And while Broward prosecutors had the authority to drop the charges at any point, very few actually did. That meant people were spending years locked up for crimes they had not even been convicted of. Continue reading

April 26, 2016

Broward DUI Manslaughter Conviction: 4 Years Prison

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

A Weston man recently pleaded guilty to killing a pedestrian last year while driving drunk. Bryce Samartino, 23, pleaded guilty to DUI manslaughter in the death of 66-year-old Elourdes Ostange, a mother of 10.

In exchange for entering a plea, as opposed to taking his case to trial, he was given the minimum mandatory sentence of four years in prison. An attorney representing the victim’s family said her survivors expressed their wishes for leniency to prosecutors because this was “a tragedy for everyone involved.”

Although four years is still a substantial amount of time, per F.S. 316.193, the charge of DUI manslaughter carries a maximum 15-year prison sentence – which means the outcome could have been much worse for the defendant. The case is an example of how the express wishes of the victims, as well as other mitigating factors, can play a role in sentencing. This is true whether you choose to enter a plea deal or take your Broward criminal case to trial. Continue reading

April 21, 2016

Florida Child Neglect Arrest of Allegedly Drunk Father

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

Parenting is no easy feat, as any caregiver can attest. However, anytime one assumes the responsibility of caring for a child, failure to provide certain basic services and protection can result in criminal charges – namely, child neglect.

Unlike child abuse, which involves actively inflicting physical or mental injury on a minor, child neglect in Florida involves a failure or omission to provide children with basic care, supervision and services necessary to maintain the child’s physical and mental health.

Per F.S. 827.03(e), that could mean failure to provide food, nutrition, clothing, shelter, supervision, medicine and medical services that a child would need or that a reasonable person would consider essential for that child’s well-being. It could also mean failure to take reasonable steps to protect a child against abuse, neglect or exploitation. Continue reading

April 17, 2016

One-Year-Old Boca Raton Gang Rape Case Hinges on DNA Evidence

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

The alleged gang rape of a Florida Atlantic University student at last year’s “South Florida Oil Spill” party remains unsolved as event organizers prepared to host the party again this year. It will be the seventh annual for the event, in which 600 to 800 college students from across the state pack into a party spot and pay a $30 flat-rate for all-you-can-drink and live music.

According to the Sun Sentinel, it was at this event at the Wayne Barton center just two miles off campus in Boca Raton last year that a young woman, separated from her friends while dancing in the center of the gym, was allegedly dragged off the dance floor, guided briefly onto the main stage and then pulled into an enclave to the left of the stairs. There, she would later tell authorities, the men pulled a curtain over her head and took turns raping her.

Today, there are no suspects and no arrests, but authorities say they are hoping for a break in the case, which at this point will hinge on DNA evidence. When the woman was taken to the hospital – hours after the alleged attack – there were traces of semen found inside her. At this point, that may be the only way to identify those allegedly involved. Continue reading

April 13, 2016

Boating Under the Influence Plea Deal in Florida

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

A woman from Hallandale Beach has accepted a plea deal stemming from charges filed in 2013 after she allegedly operated a boat under the influence and slammed into a bridge, killing her boyfriend.

The Sun-Sentinel reports Marcella Hewett, 52, pleaded no contest to charges of manslaughter while boating under the influence of alcohol and tampering with evidence. For this, she will serve seven years in prison. Prosecutors later said the fact that she had no prior criminal record likely meant the most she would serve if convicted at trial was between 10 and 13 years.

Her defense lawyers apparently believed the evidence was strong enough to instead opt for negotiation of a plea bargain. Continue reading

April 9, 2016

DUI, Hit-and-Run Charges for Hollywood Man

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

A Hollywood man has been arrested for DUI and hit-and-run after he allegedly caused a fatal crash and then failed to remain at the scene.

According to The Sun-Sentinel, 53-year-old Gabriel Tommie could be facing up to 5 years in prison.

Officials report defendant was driving a pickup truck in January when he reportedly struck a vehicle at the Stirling Road and South University Drive intersection. The driver of the other vehicle involved in the crash was reportedly injured, but Tommie left the scene. Continue reading

April 7, 2016

Delray Beach Arrest for LSD Trafficking

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

A man in Delray Beach is charged with trafficking some $2,000 worth of acid to an undercover informant in Boca Raton, according to The Sun-Sentinel.

Authorities say 28-year-old Rusty Hoyman repeatedly sold “large amounts” of both LSD (lysergic acid diethylamide) and MDMA (better known as ecstasy) to the information from January through March.

The confidential informant reportedly revealed to authorities that Hoyman was trying to sell a 100-dose “sheet” for $650 in January. The informant, by that time working closely with detectives, purchased the sheet and then turned the drugs immediately over to police. There were two more reported undercover buys in February and March. Continue reading

March 30, 2016

Woman Accused of Revenge Porn Against Ex-BFF

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

Typically when we talk about “revenge porn,” it’s an act of cyber sexual harassment committed by former romantic partners. The majority of cases involve men posting sexually suggestive or explicit photographs of their former wives or girlfriends.

But in a recent case out of Illinois, it involves a woman who is accused of posting private sexual images of her former best friend since grade school.

The Daily Beast reports the 38-year-old defendant, Stephanie Kaczmarek, is charged with unlawful dissemination of private sexual images – also known as “revenge porn” – a felony in Illinois. Police announced her arrest earlier this month. Continue reading

March 26, 2016

Broward Sex Crimes Dating Back 20 Years Now Prosecuted

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

“Justice delayed is justice denied,” goes the old saying.

And this is as true for a defendant as it is the victim. That’s because when cases are filed five, 10 or 20 years or more after an alleged crime, it becomes exceedingly difficult to challenge the veracity of the charges. Witness memories fade. People retire. Others die. Receipts that might have verified or disproved certain elements are gone. Records are trashed.

That’s why if you are accused of a Broward sex crime that involves years-old allegations, you must hire an experienced defense attorney to help ensure your rights are protected.

One such case was recently reported by The Sun Sentinel, involving a Pembroke Pines defendant accused of raping one child and molesting another two decades ago. Continue reading