Fort Lauderdale Criminal Attorney Blog

February 27, 2015

Domestic Violence Charges Against George Zimmerman Dropped

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

George Zimmerman is the man most prominently known to America as the neighborhood watch leader who fatally shot unarmed black teen Trayvon Martin in Central Florida in 2012.

Although he was acquitted of murder in the case, the 31-year-old hasn’t stayed out of trouble, mostly with regard to violent ends to his volatile romantic relationships. First it was his estranged wife, who accused him of threatening him and her father with a gun as they retrieved her belongings from their shared home. Then there were several accusations from ex-girlfriends that he’d gotten violent during break-ups. Last year, one ex-girlfriend reported to police he’d pointed a shotgun at her head and locked her out of their house.

Most recently, it was alleged he threw a wine bottle at an ex-girlfriend who had just moved out with her 5-year-old son. Zimmerman was arrested on a charge of aggravated assault. However, prosecutors have since announced they will not proceed with prosecution.
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February 21, 2015

Pregnant Woman Gets 15 Years for DUI Manslaughter that Killed Another Pregnant Woman

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

A defendant in a DUI manslaughter case was five months pregnant with her fourth child when she received a sentence of 15 years for killing a pregnant woman outside a hotel in Fort Lauderdale three years ago.

Family members of the decedent, who was seven months pregnant with a son at the time of her death, called defendant’s decision to get pregnant with the criminal trial pending an act of manipulation intended to curry favor with the judge.

If that was the intention, it doesn’t seem to have been effective. Prosecutors sought 20 years for the crash, in which both mother and unborn child were killed. The judge handed down a sentence of 15 years, followed by 15 years of probation plus a permanent loss of driver’s license.
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February 14, 2015

Sobriety Eye Tests Under Fire in DUI Cases

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

Police officers swear the eyes never lie, at least when it comes to the horizontal gaze nystagmus exam.

The test is routinely used by police officers who suspect a driver is drunk as part of the field sobriety exam. It involves having a suspect follow a small object, such as a pen, with their eyes as the officer slowly moves it horizontally in front of them. The suspect is asked to do so without moving his or her head.

What the officer watches for is an involuntary jerking of the eyes, which is referred to as a nystagmus.
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February 7, 2015

Crimes of Accessory – When Helping a Friend Hurts You

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

There is a popular, viral meme that states something to the effect: “A good friend will bail you out of jail. A best friend will be sitting next to you in the cell.”

It’s intended to elicit a chuckle, but the reality is, helping a friend or family member commit a crime – or covering for him after – is no laughing matter. Particularly in cases of felonies, those who assist in committing crimes or covering for someone, can face serious penalties.

A recent example of this was seen in the federal case of U.S. v. Marion, where a defendant pleaded guilty to a charge of accessory after the fact. He reportedly helped his cousin hide from a shooting and carjacking spree that left one man dead and several other people traumatized.
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January 28, 2015

Florida DUI Checkpoints Prompt Viral Video

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

DUI checkpoints occur nearly every day across the country, and up to several times a week in Florida. While some states refuse to allow them, sobriety checkpoints have been deemed constitutional by the U.S. Supreme Court and the Florida Supreme Court. Still, they continue to raise the ire of some drivers who insist they are an infringement on their liberties.

It was in this vein that a series of complied videos shot in recent Florida checkpoints went viral.

The clips show drivers approaching a DUI checkpoint. Each have a document placed in a clear, sealed bag outside that hangs outside their driver’s side window.

The document has the following text: “I remain silent. No searches. I want my lawyer.” The sign further instructs officers to place any citation under the windshield wiper. As the driver is neither required to sign a ticket or physically hand the officer his or her license, the note instructs officers the driver will not roll down the window. However, the paper does indicate, “I will comply with clearly-stated lawful orders.”
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January 21, 2015

State v. Daszkal – Teen Avoids Prison in DUI Manslaughter Case

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

A teen driver who confessed to police he had consumed marijuana just prior to a fatal crash that claimed the life of a 65-year-old motorcyclist two years ago will not go to jail, according to a new report by the Sun Sentinel.

This is an interesting case because F.S. 316.193 holds that a person convicted of DUI manslaughter, the charge the teen was facing, will serve a minimum mandatory sentence of at least four years in prison. That’s the minimum. As a second-degree felony, the law allows for up to 15 years of prison time on each count.

The caveat here is the teen won’t be convicted of DUI manslaughter. Instead, a plea deal struck in negotiations between his legal defense team and prosecutors involves reducing charges to reckless driving causing serious injury and a minor marijuana possession charge.
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January 17, 2015

Smith v. Florida – New Trial for Drug Defendant for Improper Testimony

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

A man previously convicted of drug dealing has been given another trial, after Florida’s First District Court of Appeal ruled certain testimony from a law enforcement officer was improperly admitted.

According to court records in Smith v. Florida, an officer, over the objection of defense counsel, detailed the “typical” drug dealing patterns and likened them to the actions of defendant.

Citing the 2010 ruling in the case of Austin v. State, justices ruled this was improper. Specifically, it “invaded the province of the jury” with the suggestion that an inference should be drown from the facts before them to the general patterns of criminal behavior. It serves to unfairly prejudice defendant.
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January 9, 2015

Fort Lauderdale DUI Manslaughter Cases in Court

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

Prosecution in a number of DUI-related deaths in Fort Lauderdale has recently made headlines, with authorities seeking harsh penalties for convicted defendants.

Courts in Florida are given broad discretion in terms of sentencing in a DUI manslaughter case, thought there is a minimum mandatory sentence of four years in prison, per F.S. 316.193. Depending on the circumstances, one could serve a maximum of 15 to 30 years on a single charge (the latter reserved for first-degree felony cases in which defendant caused the crash while drunk and then also fled the scene without rendering aid as required by law).

Prior to last year, some defendants may have had incentive to flee, as penalties for a fatal hit-and-run were far less than those for DUI manslaughter. If the person could hide from authorities long enough for their blood-alcohol content to diminish, they had a good chance at a reduced penalty. That’s no longer true, following the passage of the Aaron Cohen Life Protection Act, which increased the minimum mandatory penalties for fatal hit-and-run to align with those for DUI manslaughter.
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December 31, 2014

New Year, Clean Slate: Seeking Expungement in Florida

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

As we look to a new year, some may wish to explore the possibility of a clean slate. That is, to have their criminal record expunged so it no longer hinders their ability to secure a job, student loans or other opportunities.

You may have heard recently of celebrity Mark Wahlberg seeking a pardon for a felony assault charge he committed in 1988 in Boston as a 16-year-old. It’s worth noting a pardon and an expungement are two different things. Having one’s record expunged in Florida requires certain criteria be met, and the process is completed judicially through the courts. Meanwhile, a pardon is granted by an official within the executive branch.

Wahlberg, for instance, is one of dozens seeking a pardon from the outgoing Massachusetts governor. In that state, the governor recently expanded guidelines to make it easier for people to apply for pardons, commutations or reductions in prison sentences.
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December 19, 2014

Shoplifting Charges, Theft Allegations Up Amid Holidays

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

Tis the season for giving – and also for taking. Theft in its various forms inevitably spikes during the holidays, when more opportunities present themselves.

From retail theft to package theft to identify theft – there is always more of it in December and January. Law enforcement agencies have responded to this by initiating special operations to target such offenders, particularly those involved in organized retail crime.

For example, “Operation Holiday Steals” was a three-day sting involving partnerships with the Broward County Sheriff’s Office, local police, U.S. Homeland Security, the U.S. Secret Service and some two dozen large-scale retailers, including Target, Walgreens, Macy’s and Sports Authority. The stores sent their best loss prevention administrators to work with law enforcement in order to identify and arrest some of the area’s top retail crime offenders. Several banks and financial firms helped with detection of stolen credit cards and credit card fraud.
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