Fort Lauderdale Criminal Attorney Blog

January 6, 2016

Report: Mentally Ill Lost in Broward Courts Shuffle

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

It should come as little surprise that persons who are mentally ill comprise a significant portion of the incarcerated population. A recent report by the Treatment Advocacy Center indicated that American prisons and jails house an estimated 360,000 inmates with mental illness – or about 10 times the number of mentally ill patients in state psychiatric hospitals.

Now, the South Florida Sun-Sentinel has taken a look at that issue from a micro perspective, analyzing how it has affected those specifically in Broward County.

The crux of what reporters discovered is this:

Those charged with minor felonies in Broward’s mental health court face punishment even when they are never found guilty;
These individuals spend six times longer in the criminal justice system than those in regular court;
About one-third of these individuals spend five years or more in the criminal justice system – even with no conviction at all!

January 2, 2016

Florida DUI Defense: Auto-Brewery Syndrome

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

File this one under “strange but true”:

A New York woman recently successfully warded off a DUI conviction after presenting evidence in court that her body brews its very own alcohol. You read that correctly. This woman reportedly blew a blood-alcohol level that was more than four times the legal limit, despite having consumed nowhere near that level of alcohol.02

Despite this extremely high amount of alcohol in her blood, she was not exhibiting any of the typical symptoms of alcohol consumption when she got to the hospital. Although her blood-alcohol level would suggest she was nearing a coma-state, hospital officials wanted to release her immediately because she didn’t seem drunk at all.

Her defense lawyer was at first puzzled. The woman herself insisted she had only consumed four drinks over a six-hour period when she met her husband at a local bar/grill. Experts opined that at that rate, a woman of her size would have a blood-alcohol level of somewhere between 0.01 and 0.05 by the time she was driving home. She should have been well below the legal limit of 0.08. Continue reading

December 28, 2015

Police: Thieves Accused of Stealing Christmas Gifts in Fort Lauderdale

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

Fort Lauderdale police detectives say two teen suspects channeled their inner Grinch recently when they broke into a home on Northwest 17th Avenue and made off with a pillowcase stuffed with Christmas gifts.

Authorities say the two, 19-year-old Qwavon Jones and a 16-year-old who was not named due to his age, were caught after neighbors called police to report they heard glass shattering at a home nearby. Police arrived quickly thereafter, allegedly spotting the two as they ran and hopped a fence while holding the pillowcase. After a brief foot chase, the two were apprehended. Authorities later surmised the two gained entry to the home by smashing a rear window and climbing inside.

South Florida Sun Sentinel reports the two were charged with grand theft, burglary of an unoccupied dwelling and resisting an officer without violence. Investigators say they discovered not only unwrapped gifts inside the pillowcase, including purses and shoes, but also a myriad of jewelry and rings inside the pockets of each. The homeowner later identified the items as belonging to him. In total, the value of the items was placed at $2,000. Continue reading

December 26, 2015

Former Sheriff Deputy Guilty of Receiving Child Pornography

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

He had just turned 22 and his love interest was 15. Years ago, it might simply have been considered a Romeo-and-Juliet story.

But this is modern day, and he was a Pasco County Sheriff’s deputy and that 15-year-old was legally a child. That meant the short video clip the teen sent to his older paramour of himself engaged in a personal sex act was child pornography.

For this exchange and for driving to meet that teenager, fired deputy Matthew Bondi, a Deerfield Beach native, has pleaded guilty to a federal child pornography charge, as codified in 18 U.S.C. 2252(a)(2). By knowingly receiving a visual depiction of a minor engaged in sexually explicit conduct, he committed a crime formally classified as sexual exploitation of a minor. Now that he has pleaded guilty, Bondi faces a minimum of five years and a maximum of 20 years in federal prison. The Sun-Sentinel reports he is expected to be sentenced early next year. Continue reading

December 21, 2015

Troopers Suspect Drunk Driving in Fatal Crash on I-75 in Oakland Park

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

The driver who rear-ended an Oakland Park food truck in September, causing fatal injuries to one of the passengers, is believed to have been under the influence of alcohol, according to investigating troopers with the Florida Highway Patrol.

According to a newly-released search warrant obtained by The Sun-Sentinel, driver Joseph Decaro Jr., co-owner of a Bonefish grill in Plantation, told the trooper he was taste-testing holiday martinis with the bartenders just an hour before the crash. Decaro, who has not been arrested or charged with any crime as of this writing, allegedly told the trooper he had left work about a half hour prior to the crash and had nothing to drink a half hour before he left the restaurant.

Authorities say Decaro was operating an F-150 truck when he rear-ended a food truck in which 54-year-old Patsy Jane D’souza was riding. She wasn’t wearing a seat belt and was ejected onto the highway, where she died. The 48-year-old food truck driver suffered minor injuries.

Decaro, 45, of Miami, reportedly told the investigating troopers on scene that he and his staff were instructing bartenders on how to make certain martini drinks to ensure they were properly mixed. As he described it, he consumed, “A sip of this one, a sip of that one. Make another one, sip of this one, sip of that one.” Continue reading

December 17, 2015

Florida Deputies: 11-Foot Alligator Killed, Ate Hiding Burglary Suspect

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

A 22-year-old suspected burglar was found deceased in a Brevard County pond (which is more like a lake) near where he is believed to have hid as police with K-9 units pursued him ten days earlier. The cause of death? An 11-foot alligator, which was aggressively guarding the man’s corpse as authorities approached.

According to Bay 9 News, Matthew Riggins had notified his girlfriend that he and another man were in the Barefoot Bay community with the intent to commit house burglaries in the middle of the night on Nov. 12 and Nov. 13th. But a resident called the Brevard County Sheriff’s Office around 2 a.m. to report that two men wearing all black were walking behind houses in the neighborhood.

Authorities responded to the scene, but the two men took off on food. Deputies deployed a helicopter and a K-9 unit, but they couldn’t find the men. Meanwhile, according to the Orlando Sentinel, Riggins called his girlfriend to report he was hiding because the authorities were after him. He indicated he would probably be laying low for a few days. That was the last anyone spoke to him. Unfortunately, it seems he was laying low near a very large and aggressive alligator. Continue reading

December 14, 2015

Federal Judge Sentences Former Army Recruiter to 12 Years for Illegal Sexual Contact With Teens

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

For sex and sexual contact with two 17-year-old girls, a 30-year-old former Army recruiter will serve 12 years in federal prison, following a plea agreement for which child pornography charges were dropped.

Jose Nieves Jr., from Sunrise, pleaded guilty to two counts of enticing a child to engage in sexual activity. Per 18 U.S. Code 2422, coercion and enticement, any person who persuades, induces, entices or coerces anyone to travel interstate to engage in any sexual activity (including prostitution) can be charged with this offense, for which the minimum penalty is 10 years and the maximum is 12 years.

However, by agreeing to plead guilty to these charges, he was able to evade conviction on the production of child pornography charge, as codified in 18 U.S.C. 2251, sexual exploitation of children. This statute punishes anyone who entices a minor into sexual conduct for purposes of producing visual depictions of such conduct to between 10 years and life in prison. Continue reading

December 9, 2015

Florida Judge Sentences Probation Violator to 60 Years in Prison

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

A Florida probation violation is a serious matter that, depending on the circumstances, can result in reinstatement of the original maximum penalty, which may include years in prison. In fact, one might end up being sentenced to years behind bars for doing something that, had they not been on probation, would have been perfectly legal.

That’s why people tend to take these matters less seriously; they don’t see their offense as being egregious. But the courts can and do often take a very different stance.

Take for example the recent case of Herbert Smith, the 23-year-old Broward County man who was just sentenced to 60 years in prison for driving on a suspended license – a violation of his probation. This was not only much in excess of what defense lawyers were arguing, it was 47 more years than what prosecutors were requesting. According to the South Florida Sun-Sentinel, the stunning sentence has sparked outrage within the community, as family members have garnered 19,000 signatures in a petition to remove Broward Circuit Judge Matthew Destry. However, that’s not how the system works. Judges are elected, and the only way to remove one before an election is via a formal process overseen by the Florida Supreme Court. Continue reading

December 5, 2015

False Teeth Fraud Inquiry Morphs Into Child Porn Investigation in Sunrise

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

Marino Vigna was a dentist who primarily treated geriatric patients suffering from dementia in nursing homes throughout Southeast Florida.

The Florida Attorney General’s office launched an investigation back in 2012 when they received information indicating the dentist may have been engaging in fraudulent billing practices. There were allegations he was charging for services he never completed. In other cases, there were instance in which it was alleged patients had dental work completed when it wasn’t necessary.

In search of billing records that might support these assertions, state investigators seized several office computers in June of this year. These included hard drivers and business records. But when they opened those records, they allegedly found something else entirely: Child pornography. Continue reading

December 1, 2015

Smart v. Florida – Rape Trial Will Continue After Juror Misconduct

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

When a prospective juror in Palm Beach County stated in front of 70 others that a rape case defendant didn’t deserve a fair trail and ought to be “hung outside,” it was opined by the judge to be an attempt to get out of jury duty.

The judge said it won’t work. It’s possible the juror may face sanctions for his remarks in a courtroom this past July. The comments were made in response to a question by the judge. Still, the judge agreed to grant a defense motion to excuse all 70 prospective jurors, despite objections from prosecutors that it wasn’t necessary.

Now, the judge has ruled the case will continue with another attempt at trial. Attorneys for the defendant, 54-year-old Frederick Lincoln Smart, had argued the trial shouldn’t go forward at all because there was a deadline to hold the trial by no later than Aug. 6th. Smart filed a demand for a speedy trial, which meant there was only 50 days in which to commence the trial under Fla. R. Crim. P. 3.191(b). Continue reading