Fort Lauderdale Criminal Attorney Blog

September 26, 2014

Blood Evidence Questioned in Florida DUI Manslaughter Case

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

Five counts of DUI manslaughter have been dropped against a South Florida man accused of causing a crash while high on marijuana. Prosecutors simply said there was not enough evidence to support those charges, but the move comes after serious questions were raised about the veracity of the blood test analysis taken hours after the crash, while defendant was in the hospital.

The Riveria Beach crash suspect still faces five counts of vehicular manslaughter – and a possible 75-year prison sentence if convicted on each of those charge. But with the question of impairment now off the table, our Fort Lauderdale DUI defense lawyers know those charges too could be even tougher to prove.

The case first began last year, when the 22-year-old was allegedly high on marijuana while driving off an I-95 exit ramp onto Blue Heron Boulevard when he lost control of the vehicle and struck another, causing all five occupants in the other vehicle to crash and die. The deceased were all friends – a 14-year-old, two 17-year-olds and two 22-year-olds.
Continue reading

September 25, 2014

Florida v. Wiggins – Video in DUI Case Refutes Key Officer Testimony

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

More than ever, our criminal justice system relies on technology to aid in the fact-finding (or disputing) process. From DNA analysis to reviewing the contents on a computer hard drive, our Fort Lauderdale DUI defense lawyers know the ability to tap into technology plays a vital role.

However, it’s still not the only element courts will consider. Recently, Florida’s First District Court of Appeal weighed whether trial court’s review of a hearing officer’s decision to uphold a driver’s license suspension for refusal to submit to a breath or blood analysis was legally sound. Although one justice dissented, the court found the trial court erred in engaging in what amounted to a whole new review of the video evidence, as opposed to simply reviewing whether there was reasonable factual evidence to support the conclusion.

Although the driver’s license has been revoked, he may still have a strong chance of succeeding at his criminal trial with the discrepancies between the video evidence and officer testimony pointed out by the trial court in State of Florida, Department of Highway Safety and Motor Vehicles v. Wiggins.
Continue reading

September 20, 2014

Lane v. Florida – 2nd DCA Suppresses Evidence in “Consensual Encounter”

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

Consensual encounters with police have been the subject of numerous Florida court decisions and muchpublic debate. A central point in these discussions is whether such an encounter is ever truly consensual, where one of those parties is armed and has a great degree of authority.

Our Fort Lauderdale criminal defense attorneys know it can be difficult for the subject of these encounters to differentiate between a consensual encounter, where one is free to go, and a non-consensual encounter, where one is essentially detained.

The reason the difference is important is an officer does not need to have reasonable suspicion or probable cause to initiate a consensual encounter with a member of the public. Whatever answers or evidence you offer during these exchanges can’t be challenged on due process grounds because they were given of your own free will. If you aren’t sure whether a police encounter is consensual, the best way to find out is to ask, “Am I free to go?” If so, it is likely consensual. Take advantage of the opportunity to exit the scene, so as not to make any potentially incriminating statements.
Continue reading

September 10, 2014

Florida v. Parker – Motion to Suppress Order Reversed

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

A former Florida college student’s decision to speak with a detective regarding two alleged sexual assaults he allegedly committed at a party the night before will be used against him in court.

Initially, the trial court granted a defense motion to suppress those statements, meaning they couldn’t be used in court, on the grounds the detective failed to respond appropriately to the defendant’s question of, “Can you just tell me if I need a lawyer or something?” Now, that decision has been reversed by Florida’s 1st District Court of Appeal in Florida v. Parker.

Here’s a tip: If you ever are in doubt about whether you need a defense lawyer, get one. At least seek a consultation with an attorney. Our Broward County criminal defense lawyers know no good ever comes from a suspect asking a law enforcement officer for legal advice.
Continue reading

August 30, 2014

Drug-Free Zone Law Challenged in Florida’s 4th DCA

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

Drug-free zone laws in Florida are designed to make children and communities safer by limiting sales of illegal substances near schools, daycare centers, parks and churches. Per Florida Statute Section 893.13(1)(e), those caught selling certain narcotics within 1,000 feet of such facilities could face penalty enhancements. In some cases, it may be considered a first-degree felony, accompanied by a minimum mandatory 3-year prison sentence, regardless of one’s prior criminal history.

These laws are a holdover of the Reagan-era “War on Drugs,” and some states and municipalities have called for a repeal of these laws, as they are harsh, do little to curb drug crimes and are often applied inequitably. So far, however, our Broward criminal defense lawyers haven’t seen any indication Florida’s legislature intends to do comply.

Still, there are situations under which a “drug-free zone” enhancement can be effectively challenged. A recent example is an appeal before Florida’s 4th DCA of two defendants, tried jointly and convicted, of trafficking oxycodone within 1,000 feet of a church. The cases, Lemaster v. Florida and Wilder v. Florida, stemmed from a November 2011 arrests of two individuals on the first-degree felony charge of possession with intent to sell in, on or within 1,000 feet of a physical place of worship at which church or religious organization regularly conducts religious services. The pair were convicted of this and other charges.
Continue reading

August 20, 2014

Branson v. Rodriguez-Linares – Domestic Violence Injunction for Cyberstalking

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

A domestic violence injunction is intended in Florida as a means of protecting individuals from harm by those who have previously shown aggression or other dangerous tendencies.

Most often, people think of injunctions or restraining orders as being granted when a paramour physically attacks his love interest. It’s true this is often the case. However, what we are increasingly seeing is domestic violence injunctions granted in cases where no violence is reported, but rather the defendant is accused of “cyberstalking.”

Our Fort Lauderdale domestic violence injunction defense attorneys know the burden of proof is lesser with requests for protection than for criminal conviction. It’s not uncommon for an injunction to be granted, even when there is no criminal conviction or even arrest for the underlying actions alleged. With a cyberstalking allegation, it’s possible one could have an injunction against them without ever touching or even talking to the person filing the request.
Continue reading

August 15, 2014

Parker v. State – Florida Drug Conviction Overturned Due to Improperly-Admitted Gun Evidence

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

A defendant convicted of multiple drug charges in Fort Lauderdale has had that conviction reversed, and the case remanded for retrial, on the grounds that prejudicial evidence was admitted into in error. Further, Florida’s Fourth District Court of Appeal found the trial court erred in a number of rulings that were unfairly harmful to the defendant prior to his conviction.

Fort Lauderdale drug defense lawyers recognize that in the course of an arrest, evidence may be uncovered that police deem relevant at the time, but for purposes of trial are found to be more prejudicial than probative. This kind of evidence must be omitted from the record, so as to not unfairly prejudice the defendant.

One of the most common examples has to do with gun-related evidence. Jurors can make a host of assumptions based on evidence of a gun found on the defendant, but those assumptions could be unfair if the gun wasn’t an element of the crime accused.
Continue reading

August 5, 2014

Villalobos v. State – Florida DUI Manslaughter Conviction Reversed

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

In a case in which a traffic death is alleged to have been caused by a drunk driver, it’s imperative for the accused to secure an experienced attorney dedicated to relevant challenges at every phase in the process. One of the most important phases is voir dire, in which lawyers are given the opportunity to delve more deeply into each jury panel member’s history, to gain a better understanding of individual background as well as possible group dynamics.

Fort Lauderdale DUI defense lawyers recognize that when formulating a defense strategy to maximize the potential for success in the courtroom, effective voir dire is critical. We seek to show the jury that the accused is a multi-dimensional person, and we want to make sure each juror is open to that, as well as the concept that the accused is innocent unless proven guilty by the facts.

This is true regardless of the crime alleged, though it’s especially important when the accused is facing the possibility of decades behind bars. And it’s always a responsibility we take very seriously.
Continue reading

July 25, 2014

Romanyuk v. State – Florida Prescription Drug Conviction Overturned

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

Florida’s Second District Court of Appeal recently found in Romanyuk v. Florida that a trial court wrongly denied jury instructions requested by the defense in a prescription drug criminal case.

The case resulted in a conviction, which per the new ruling is now reversed. Our Broward criminal defense lawyers see this as a relevant issue at a time when law enforcement agencies throughout the state are cracking down on prescription drug crimes. While it’s true that some individuals may possess these substances illegally, the vast majority are prescribed by a doctor and are legitimate.

This case involves a defendant who found herself in a series of unfortunate circumstances, and was targeted by law enforcement as a result.
Continue reading

July 16, 2014

State v. Teamer – Vehicle Color Discrepancy Not Grounds for Traffic Stop

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

Acquiring a new paint job on your car isn’t grounds for police officers in Florida to pull you over.

This might seem a common-sense conclusion, but it was one recently decided by the Florida Supreme Court in State v. Teamer, where officers tried to use such logic to justify a stop that ultimately led to a drug trafficking arrest and conviction.

Fort Lauderdale drug defense lawyers see this ruling as an important one in that it narrows the circumstances under which police can claim a legitimate stop based on non-criminal activity.
Continue reading