Fort Lauderdale Criminal Attorney Blog

July 6, 2015

Wiechert v. Florida – Proving Value of Property in Theft Cases

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

In many Florida theft cases, a key point in determining one’s sentence upon conviction is proving the value of the items allegedly stolen.

For example, a person who steals less than $300 worth of valuables may be charged with petit theft, which is a second-degree misdemeanor. However, once the value exceeds that amount, it becomes a third-degree felony, punishable by up to five years in prison. (This is true unless items are stolen from a residence, in which case the threshold is just $100.)

Per F.S. 812.014(2)(c)(1), other aggravating factors may enhance the level of crime and subsequent penalty. For instance, if the stolen item was a firearm or was taken from a law enforcement officer or vehicle, the punishment is likely to be much harsher.
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July 3, 2015

Fort Lauderdale DUI Arrests Spike on July 4th Holiday

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

This Independence Day, travel experts estimate some 35 million people are going to travel by car to BBQs, pools, beaches, parades and firework shows.

Many people celebrate these occasions with booze. In fact, authorities say in 2013, Americans cracked open some 68 million cases of beer over the July 4th holiday. That’s more than on any other holiday of the year, including New Year’s Eve and St. Patrick’s Day.

So long as those imbibing are adults and those driving are sober, there’s really no issue. But problems arise when people get behind the wheel after drinking. Every year, it’s estimated some 200 people in the U.S. are killed in drunk driving crashes every July 4th. The National Highway Traffic Safety Administration reports 40 percent of all highway deaths over the course of the holiday weekend are attributed to impaired driving.
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June 29, 2015

Report: South Florida Communities May Lower Marijuana Possession Penalties

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

A number of cities are weighing local proposals to reduce the penalties for low-level possession of marijuana. The measures would effectively decriminalize possessing the drug in small amounts for personal possession.

So far, council members in Miami Beach and commissioners in Miami-Dade County have offered preliminary support for an action that would reduce possession of cannabis from a misdemeanor to a civil offense. Hallandale Beach commissioners are also weighing a similar proposal.

Instead of offenders facing jail time and a criminal record, they would instead be cited for a civil infraction and fined $100.
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June 27, 2015

Hodgkins v. State – Florida Murder Conviction Overturned

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

A man convicted of murder will soon be released after the Florida Supreme Court ordered the lower court to enter acquittal, upon finding DNA evidence of defendant’s DNA under victim’s fingernails was not enough proof of guilt.

The court ruled the state had not met its burden of proof in this capital case, which required the state to present competent, substantial evidence.

In Hodgkins v. State, defendant was on death row when justices with the Florida Supreme Court reviewed the case on appeal.
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June 24, 2015

Robbery Charges in Deerfield Beach for Drug Store Heist

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

Two men in Deerfield Beach are facing robbery charges after their purported plan to hold up a local pharmacy was foiled by a task force of law enforcement that included Palm Beach Sheriff’s Office detectives, a violent crime task force, officers with several local police departments (including Fort Lauderdale) and the FBI.

Although they never actually set foot in the store, authorities say their plans were clear and both suspects provided investigators with a detailed confession, which will undoubtedly be used against them in court. Even if the case never makes it to the trial phase, they may have made it difficult for their defense lawyer to obtain an advantageous plea deal.

There are two important lessons gleaned from this case. The first is that an attempt to commit a felony can be accompanied by the same penalties as if one had actually carried out the crime. Secondly, speaking to law enforcement investigators without an attorney present can seal your fate with extensive prison time. A confession is one of the most powerful tools a prosecutor has, and there is no reason for a defendant to offer up that kind of assistance against his own best interests.

According to news reports of the incident, authorities with the task force were staking out the location after receiving a tip of possible criminal activity planned at that location.
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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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