Fort Lauderdale Criminal Attorney Blog

April 4, 2015

Williams v. Florida – Importance of Chain of Custody

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

In criminal prosecutions in Florida, the state has to establish a “chain of custody” for certain kinds of evidence in order for it to be admitted.

Prosecutors have to show that what they are offering into evidence is exactly what they purport it to be. For example, the drugs being shown to the judge and jury are exactly the drugs that were found on the defendant, or the pieces of clothing are the exact garments that were stolen from a given store in a shoplifting case.

In order to prove that those items are one in the same, prosecutors have to show who had possession of those items at all times between the time they were seized by law enforcement until the time of trial. This is the “chain of custody.” It’s the reason why storage of evidence is often critical in criminal cases, particularly when certain exhibits may have been altered or tested. A break in the chain of custody could result in suppression of evidence, which is typically an advantage for the defense.
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March 31, 2015

Florida Supreme Court: No Life Sentences for Juveniles

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

The Florida Supreme Court recently ruled all Florida juveniles convicted of homicide and sentenced automatically to life imprisonment must now be resentenced under a new law passed last year.

The ruling addresses the issue of retroactivity for Miller v. Alabama, which was a U.S. Supreme Court decision that barred life sentences for juvenile killers.

There are approximately 250 state prisoners in Florida currently serving life sentences for homicides committed before their 18th birthday. Legislators passed a law last year to conform to the Miller decision, but it was only applicable to murders committed after July 2014. For two decades prior, state law mandated juveniles convicted of first-degree murder should receive an automatic life sentence.
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March 27, 2015

Green v. Florida – Officer Testimony in Drug Case Challenged

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

In the recent case of Green v. Florida, a man convicted of trafficking cocaine appealed on several grounds, most notably for the fact the court allowed officers to testify he was arrested in a high-crime neighborhood.

Although the Fourth District Court of Appeal upheld conviction, it wrote to address this particular issue (rejecting without comment claims of entrapment and improper admission of hearsay evidence).

According to court records in the case, agents with the Bureau of Alcohol, Tobacco and Firearms established an undercover operation an economically depressed neighborhood which authorities had designated as “high crime.” An undercover agent worked as manager of the store. The operation was reportedly established to address violent crime, with a focus on drug crimes and firearms violations. A multi-agency task force identified this neighborhood as a target for enforcement using crime mapping statistics.
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March 23, 2015

DUI Manslaughter Arrest in Davie Crash Case

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

For the death of a 6-year-old boy and injuring three others, a 20-year-old Davie man is facing serious felony charges that could send him to the prison for the next 35 years or more.

According to news reports, the suspect, who was 19 at the time of the wreck, had a blood-alcohol level that was 0.21, which is nearly three times the legal limit of 0.08 percent. He was also allegedly driving between 90 and 108 miles per hour on a road with a designated speed limit of 45 miles per hour.

He allegedly changed lanes several times in the moments before the crash. As he approached an intersection, he did not slow at all, and collided with another vehicle shortly before midnight. The 6-year-old was in that other vehicle, in the center of the rear seat.
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March 19, 2015

Extortion Charges for Broward Officer Accused of Threatening Ex

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

“Extortion” sounds like one of those charges that might commonly be associated with 50s-era mob bosses.

However, we are seeing an increasing number of extortion charges filed with the advent of technology.

Our increasing reliance on technology makes companies vulnerable to threats of targeting their websites or databases if they don’t comply with some demand. Secondly, there is more personal – sometimes even embarrassing – information available with just a few keystrokes. The ease with which that information can potentially be disseminated publicly has created a situation where such threats carry significant weight.
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March 12, 2015

Broward Jury Acquits Man Who Grew Marijuana for Medicine

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

For the first time in the history of the Sunshine State, a jury in Broward County acquitted a man for growing a Class I illegal substance based on his argument of medical need.

Defendant was the first in Florida to argue medical need in a marijuana case, despite the fact the drug remains illegal for all purposes.

Dozens of others states in recent years have passed legislation allowing exceptions to the federal prohibition on the drug for those with a proven medical need. Now, there are even a few states who allow the drug to be sold and possessed for recreational purposes. Florida is not one of those states. Last year, a bill that would have legalized marijuana for medicinal purposes in Florida was narrowly defeated, though it is expected to be reintroduced at the next election.
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March 9, 2015

Vacatur of Prostitution Convictions in Florida

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

For a long time, the stigma of prostitution primarily stung those arrested for selling their bodies. However, there is a growing awareness that in many of those cases, those individuals may not have had a choice in the matter.

Because of this, and the fact that a prostitution conviction can have a negative effect on so many aspects of one’s future and opportunities, the state of Florida, among others, offers an avenue of relief for some. It’s a little-known remedy known as a “vacatur of conviction.” Essentially, it allows victims of human trafficking to have their convictions vacated entirely.

It’s different from having one’s record expunged or pardoned.
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March 6, 2015

Florida DUI Arrest Consequences Severe

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

Following a Broward Circuit judge’s conviction for driving under the influence in Boca Raton, it was agreed she would suffer additional sanctions.

Those included a 20-day, unpaid suspension from the bench, a public reprimand and a $5,000 fine As well, she must undergo an evaluation for alcohol abuse and addiction and has to complete any recommended treatment, per the contract she holds with the Florida Lawyers Assistance Program. The Florida Judicial Qualifications Commission gave the judge 20 days to file a formal response to those recommendations, which are then forwarded to the Florida Supreme Court for final approval or rejection.

The decision stems from a conviction several months ago on two misdemeanor counts – driving under the influence of alcohol and reckless driving. Defendant judge was sentenced to house arrest for 20 days, and then one year of probation. Although this is the second DUI conviction the judge has received, the panel held the incidents were not reflective of her work, considering the first arrest occurred in 1988. Additionally, the panel found the most recent arrest did not affect her work on the bench, as her colleagues continue to hold her in high regard.
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March 3, 2015

Florida v. Dorsett – Standard of Proof in Hit-Run Cases Rises

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

In the last handful of years, state lawmakers have handed down increasingly tougher laws pertaining to leaving the scene of a crash – particularly when it involves a fatal crash. Those efforts include a measure last year that increased the penalty for leaving the scene of a deadly crash to a minimum mandatory four years in prison, same as what a defendant would receive for DUI manslaughter.

However, a recent Florida Supreme Court decision slightly turns the tables back in favor of defendants. The case is Florida v. Dorsett, and what the court ruled is that prosecutors have to show defendant had “actual knowledge” of a crash in order to secure a conviction for hit-and-run.

This new hurdle to prosecution is based on the principle that a driver can’t intentionally leave the scene of a crash he doesn’t know has occurred.
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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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