Fort Lauderdale Criminal Attorney Blog

September 14, 2015

Felony Stalking Conviction in Florida Requires Credible Threat

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

It was a neighborhood dispute turned ugly. Even the defense attorney for one of those involved would concede his actions were criminal. But he insisted the more than five dozen phone calls, containing “disgusting and vile messages,” were misdemeanor rather than felony offenses.

A Palm Beach County jury agreed.

Now, rather than face up to five years in prison under F.S. 784.048 (3), felony stalking, he was convicted of a misdemeanor and sentenced to the maximum 60 days in jail – minus credit for three days already served.

The primary difference between felony stalking and misdemeanor stalking is the idea of a “credible threat.” Even the defendant’s attorney called him “jerk” and the content of the calls “disgusting.” But he chalked it up to the man’s “odd sense of humor.”
Continue reading

September 9, 2015

U.S. v. Martinez – Florida Threat Conviction Overturned

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

The federal conviction of a South Florida woman for violation of 18 U.S.C. 875(c), making threatening communication, has been overturned in light of the June U.S. Supreme Court decision in Elonis v. U.S..

Essentially, what the court said in Elonis was that it is not enough in a criminal case to prove the defendant’s actions were negligent. That is, it’s improper to use the standard of what a reasonable person would do or believe under the same circumstances. Rather, in order to convict a person of this criminal charge, there must be a finding that the wrongdoing must be conscious to the criminal. In essence, “What the defendant think does matter.”

This was an important ruling for the fact that to hold a personal criminally accountable for mere negligence is borderline unconstitutional. This is not to say individuals can’t be criminally charged for negligent acts, but under this particular statute, courts are required to prove subjective intent in order to secure a conviction.
Continue reading

September 6, 2015

Wright v. Florida – Felony Firearm Conviction Challenged

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

Florida is fairly permissive with regard to firearm purchase and possession, but there is a major exception: Felons. In the state of Florida, it is illegal for those convicted of felonies to possess firearms and/or ammunition.

There are two general exceptions to this. The first is when a convicted felon has his or her civil rights restored AND firearm authority restored through the state Clemency Board. It’s not enough that one receives a general restoration of rights. In order to restore firearm authority, an application has to be filed, and there is a waiting period of at least eight years from the date the sentence expired. The second allowance is when the firearm qualifies as an antique gun per F.S. 790.001(1).

The definitions of “possession” and “antique” were central in the case of Wright v. Florida, in which a man convicted of being a felon in possession of a firearm and ammunition appealed that conviction in Florida’s 4th District Court of Appeal.
Continue reading

September 2, 2015

Penalties for Florida DUI Manslaughter Widely Vary

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

If you kill someone in a drunk driving accident in Florida, you will serve prison time if convicted. But how much time may come down to a number of factors, which include not just the individual facts of the case, but the disposition of the survivors, the strength of your defense attorney’s case and, interestingly, where the conviction happens.

This is according to a recent Miami Herald article, which analyzed why some DUI manslaughter convictions receive such widely varying sentences.

Per F.S. 316.193, the minimum mandatory sentence available in Florida for DUI manslaughter is four years. That’s the least amount of time a judge can give you. The most is 30 years per charge. The statewide average out of 400 DUI fatality cases in Florida since 2012 was just under 10 years.

But some areas had a reputation of being harsher than others. Broward is one of those.
Continue reading

August 31, 2015

Tucker v. Florida – Stale Information in a Search Warrant

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

In a criminal investigation, if law enforcement waits too long following the issuance of a search warrant to make an actual search or if they wait to long to act on certain information pertaining to a criminal act, the warrant or information could be deemed “stale.”

That means even if the warrant was valid or the information was sufficient to establish probable cause, a defendant may challenge this evidence if the delay was unreasonable, and therefore no longer supported by probable cause.

Most courts agree that warrants are stale 10 days after they are issued, but there are often subjective factors the court may consider.
Continue reading

August 25, 2015

Florida DUI Motion to Suppress Blood Test Results Reversed

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

Florida’s 5th District Court of Appeals ruled recently the trial court in Florida v. Kleiber incorrectly applied the strict compliance standard in granting a DUI defendant’s motion to suppress blood test evidence.

DUI blood test evidence is critical in any case wherein a person is alleged to have driven drunk. Where the evidence itself cannot be challenged on its validity or merits, a DUI defense lawyer may seek to suppress the evidence from being considered by the court in the first place.

There are a number of ways to do that, and the strategy is going to be case-specific.

Here, defendant, a 25-year-old firefighter, was arrested by the Florida Highway Patrol in 2012 after a collision a year earlier on I-75 near Wildwood. Around 4:30 a.m., defendant allegedly rear-ended a vehicle in front of him on the highway. That other vehicle overturned multiple times and collided with a fence. The other driver, 29, and his 20-year-old passenger were rushed to a local hospital in critical condition. The 20-year-old woman later died.
Continue reading

August 23, 2015

Arrest on Cruise Ship for Battery of a Minor

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

Millions of people flock to Florida and its surrounding waters for an escape from the daily grind. But for some, the “vacation mindset” leads to lowered inhibitions and the assumption that consequences won’t be forthcoming.

However, as one Ohio man learned recently, one doesn’t evade the law simply because a crime occurs on vacation.

The 30-year-old was arrested at a Florida port, shortly after the cruise ship on which he was a passenger docked. Authorities alleged he had battered and threatened a 13-year-old boy who made sexual overtures toward his niece. He was charged with child abuse, assault, battery and false imprisonment of a child.
Continue reading

August 18, 2015

Driver Sentenced 30 Years for Crash That Killed Five

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

Back in 1996, a man in West Boca caused an auto accident that resulted in the deaths of five Boca Raton teenagers. The following year, he would receive a 15-year prison sentence.

Three years later, another man in West Boca killed six senior citizens in a crash. He too would later receive 15 years for his crime.

But now, in 2015, a 23-year-old in Riviera Beach has been sentenced to 30 years for the exact same crime: Vehicular homicide.
Continue reading

August 14, 2015

DUI Manslaughter Arrest in Pompano Beach Crash

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

Statements made to police detectives from a hospital bed will make it difficult for a man to build a solid defense following a fatal car accident in Pompano Beach in June.

The decedent in the case was working with one other as a driver/delivery person on a car hauler. The workers stopped on South Dixie Highway on June 23rd to drop off a vehicle to a business there. The workers parked the semi-truck on the far right lane of the roadway. The flashing hazard lights were turned on. They lowered the ramp in the rear and were working on unloading the vehicle from the lower ramp.

Decedent was standing inside near the back of the trailer trying to unchain another vehicle. Meanwhile, according to police, defendant driver was operating his vehicle in the right lane. He reportedly did not stop or swerved as he approached the stopped truck. Instead, he drove right up the ramp. He struck decedent with the front bumper of his vehicle, and decedent was launched through the front of defendant’s vehicle.
Continue reading

August 10, 2015

Bretherick v. Florida – Stand Your Ground Immunity is Defense Burden

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

The Florida Supreme Court has once again taken on the issue of the controversial “Stand Your Ground Law,” ruling explicitly that the burden is on the defendant to prove he or she is entitled to immunity under this statute.

In Bretherick v. Florida, defendant had argued the onus was on the prosecution to show why such immunity did not apply. Amicus curiae briefs were filed with the court by the National Rifle Association of America and Florida Carry, Inc. in support of defendant.

The district court denied defense motion to dismiss on these grounds. Florida’s Fifth District Court of Appeal then affirmed that by finding it was the defendant who had a burden to prove, by a preponderance of the evidence, at the pretrial evidentiary hearing, that he or she is entitled to immunity. However, the 5th DCA then certified the question to the state supreme court for review as a matter of great public importance. Justices with the Florida Supreme Court agreed with the 5th District panel.
Continue reading