Fort Lauderdale Criminal Attorney Blog

June 20, 2015

New Florida Hit-and-Run Proof Standard Creates Prosecutor Challenges

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

Defense attorneys for a Dania Beach cab driver had always insisted he was innocent of the fatal hit-and-run of a homeless man. Prosecutors nabbed the wrong man, and the evidence pointed to a perpetrator still on-the-loose.

However, Broward State Attorney’s Office leaders insist they have the right man. The problem, they say, is the new precedent set by the Florida Supreme Court in Florida v. Dorsett, which shifts the standard of proof in hit-and-run cases when it comes to knowledge that someone has been hit. Before Dorsett, prosecutors needed only to show accused knew or should have known he or she had struck someone. But now, they must prove the accused’s knowledge of this fact beyond a reasonable doubt.

Here, they say, they simply couldn’t meet this proof burden.

According to news reports of the case, the former taxi driver was alleged to have killed a 62-year-old homeless man, who was allegedly laying intoxicated in a southbound lane of a highway in Dania Beach.
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June 15, 2015

Florida Gang Enhancement Increases Possible Sentence

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

Florida law enforcement and prosecutors are extremely tough on individuals whose alleged criminal activities are believed to have been committed in connection with gang activity.

F.S. 874.04 is the statute that governs gang-related offenses and enhanced penalties. A gang enhancement essentially boosts whatever the level of the underlying crime to the next degree of seriousness. So for example, a second-degree misdemeanor would be increased to a first-degree misdemeanor. That could mean an extra six months in jail. A third-degree felony, which would normally be punishable by a maximum five-year prison sentenced, is increased to a second-degree felony, punishable by up to 15 years in state prison.

In order to be considered a gang-related offense, there must be a finder of fact that defendant committed the alleged offense for the purpose of promoting, furthering or benefiting the interests of a criminal gang. In order for an enhancement to apply, prosecutors have to show beyond a reasonable doubt the activity was gang-related.
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June 11, 2015

Defining Child Abuse in Florida

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

Recently in Boynton Beach, a woman was arrested for aggravated child abuse. Her 15-year-old daughter was reportedly found bleeding with numerous marks on her head and arms after she’d allegedly been beaten with a belt.

Although the relationship between the woman and the girl was redacted from the police report, it is indicated the woman allegedly found a boy in her room and began hitting her with a belt as punishment. At least, that’s the story the girl told police. The woman denied knowing how the bruises came to be on the girl’s body.

This might seem a clear case of child abuse: Strike a child, get arrested.
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June 6, 2015

Report: Illegal Drugs Made in China, Trafficked in Florida

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

Four people in South Florida have been arrested for trafficking in synthetic drugs that were reportedly ordered from a group of Tampa residents from suppliers in China, who then shipped the drugs to various locations throughout South and Central Florida.

According to the Sun-Sentinel’s recent report, the operation allegedly netted the four Florida-based traffickers funneled millions of dollars worth of synthetic marijuana into the state.

The substance goes by the street name “Spice,” and its a concoction of chemicals whose effects are supposed to mimic those of marijuana.
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June 1, 2015

Kendrick v. State – Crimes, Cell Phone Location Data and The Fourth Amendment

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

The Fourth Amendment to the U.S. Constitution protects citizens from unreasonable searches and seizures. The law requires that with only a few exceptions, law enforcement officers have to get a warrant before they can conduct a search and seizure upon a suspect.

Most modern technology we enjoy today – cell phones and computers in particular – did not exist when these protections were written. That means legislators and the courts are constantly trying to keep pace in determining how and when these laws apply and what exactly constitutes a “search” in the digital sphere.

Cases like the recent Kendrick v. Florida, before Florida’s First District Court of Appeal, underscore this point.
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May 29, 2015

Milam v. Commonwealth – Unlawful Entry by Officers

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

Police officers may not enter one’s dwelling, absent consent by owner or a warrant, except in the most extreme circumstances. Such a case might involve the reasonable belief that someone inside is in danger.

Beyond that, any evidence collected as a result of unlawful entry – no matter how powerful – may not be used against a defendant in a court of law.

This point was underscored yet again in the recent case of Milam v. Commonwealth, wherein officers entered a fraternity house connected to a Kentucky university without a warrant.
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May 27, 2015

Youth Justice Bill to Limit Juvenile Convictions Passes Florida Senate

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

A measure that would inject some common-sense into the impossibly stringent sentences imposed on young, non-violent offenders in Florida is gaining widespread support.

Passing by a vote of 37-1 in the Florida Senate, HB 99 would increase the use of civil citations for juveniles who run afoul of the law for crimes like trespassing or shoplifting. It would also grant law enforcement officers discretion to simply issue a warning and notify parents if a juvenile admits to committing a non-violent misdemeanor. The law even allows repeat misdemeanor juvenile offenders to participate in the civil citation diversion program, as opposed to limiting the option to first-time offenders.

The twin bill in the state senate is SB 378.

The effect of this legislation on the lives of minors could be huge.
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May 23, 2015

DUI Manslaughter Defendant Gets No Jail Time

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

One of the key pieces of evidence in many criminal Florida DUI cases is the breathalyzer test, typically conducted with a brand of machine known as the “Intoxilyzer.” It is designed to measure a person’s blood-alcohol content by analyzing particles released in one’s breath.

But the science behind the machines has been sketchy, and there have been more than a few successful challenges to admitting this evidence. This can have a profound impact on a case, as evidenced by the recent outcome in a South Florida DUI manslaughter case.

According to news reports, a fatal accident in Bonita Springs in 2011 set off an emotional, four-year legal battle. Much of it was centered on whether the court should allow the results of the driver’s breathalyzer test, which indicated she had a blood-alcohol level of between .138 and .146 – nearly twice the legal limit of .08.
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May 21, 2015

Reed v. Pettit – Sobriety Checkpoint Arrest Challenged

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

Although the constitutionality of sobriety checkpoints has been challenged repeatedly across the country, it has consistently been upheld.

That being said, police agencies are held to strict standards regarding how these operations must be carried out.

Those include officers having a valid reason for establishing the checkpoint (high number of DUI arrest or alcohol-related accidents in a certain area). There must also be a specific plan regarding which vehicles will be stopped (i.e., every third car, every other car). Any deviation from that plan must be explained and may be grounds to challenge a subsequent arrest.
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May 14, 2015

Implied Consent Means Punishment for Refusal to Submit to Alcohol Testing

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

Florida law requires drivers arrested for a DUI to take a breath, urine or blood test if the arrest is lawful and the officer has probable cause to believe you are under the influence of alcohol or drugs. Defendants may be asked to take more than one test and in order to be in compliance with the law, have to agree to all of them.

Refusal to submit to these tests will result in a one-year license suspension for the first-time offense, and that refusal could be used against you in criminal court.

There is much debate about whether refusal to testing actually helps a case. First of all, the license suspension is mandatory, regardless of whether you are later convicted of a Florida DUI. Also, the state is not required to show your blood-alcohol level was 0.08 percent or higher, which the legal limit for 21-and-over drivers. The state can use other circumstantial evidence to secure a conviction, including the fact that you refused the drug or alcohol testing. They might also point to officer observations of glassy eyes, slurred speech, the smell of alcohol or behaviors behind the wheel that might indicate intoxication. It’s worth noting too that in the event of an accident, investigators can force you to undergo alcohol testing involuntarily, so long as they first obtain a warrant signed by a judge for it.
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