Fort Lauderdale Criminal Attorney Blog

July 14, 2015

Moss v. Florida – New Trial in Sex Crime Case After Evidence Error

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

A Florida man convicted of burglary of an occupied dwelling and sexual battery will receive a new trial after an appeals court agreed the trial court wrongly entered evidence of statements he made to authorities prior to his arrest.

In Moss v. Florida, the state’s 1st DCA found there was sufficient evidence to show defendant exercised his right to remain silent during the second questioning.

The law affords suspects in criminal cases the right to remain silent. However, thanks to ill-advised and over-simplified television programs, there is vast misunderstanding as to what exactly these rights are and when and how they may be invoked.

A “Miranda Warning” as it is called, is derived from the First Amendment protection against self-incrimination. This advises suspects what they cay can be used against them in court, that they have the right to consult a lawyer, that the lawyer can be present during questioning, that a lawyer represent them free of cost if they can’t afford one and that they have the right to stop answering police questions at any time. This warning must be provided when a person is interrogated while in police custody (a situation in which a reasonable person in suspect’s situation would not feel free to leave).
Continue reading

July 10, 2015

“High-End” Prostitution Ring Leader Gets 3 Years Federal Prison

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

A man who reportedly directed a high-stakes prostitution ring in South Florida – one with ties to a law firm tainted by a huge Ponzi scheme scandal – has been sentenced to three years in federal prison.

The 51-year-old defendant admitted guilt for arranging encounters with prostitutes from his “high-end adult escort agency” to wealthy clients throughout South Florida and in other cities. Some of the women employed by the operation were Florida natives, although some were recruited from some Eastern European countries.

Posing as tourists, the women were housed in various locations across the Pompano Beach area, but on occasion traveled on “tours” in cities like Chicago, Washington, D.C. and Baltimore, where sexual encounters with various clients were arranged.
Continue reading

July 10, 2015

Family Jailed in Botched Florida Shoplifting Attempt

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

A mother and her two adult children were arrested after an apparent attempt at group shoplifting ended in violence, with two workers alleging they were spat on and battered.

The incident reportedly happened in Sunrise, where authorities arrested a 59-year-old woman, her 27-year-old son and her 20-year-old daughter.

According to news reports:
The family members allegedly began hiding items inside the 20-year-old’s pink purse. The trio then walked to the front of the store, where police allege they attempted to leave without paying for the hidden merchandise.
Continue reading

July 8, 2015

Rapper “Diddy” Avoids Felony Charge Following Coach Attack

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

Rapper and music mogul Sean “Diddy” Combs will avoid felony charges after an incident in which he allegedly swung a kettlebell weight during an angry confrontation with one of his son’s college football coaches.

Initially, Combs was arrested on a number of serious crimes, including battery, making criminal threats and assault with a deadly weapon.

In California, where this incident occurred, the crime of “assault” is what is known as a “wobbler,” which means prosecutors have the discretion to decide whether to file the charge as a felony or misdemeanor, based on the totality of the circumstances.

Some factors they may consider include:
–Prior criminal history
–Whether anyone was injured
–Strength of the evidence Continue reading

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.
Continue reading

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.
Continue reading

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.
Continue reading

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.
Continue reading

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.
Continue reading

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.
Continue reading