Fort Lauderdale Criminal Attorney Blog

May 30, 2023

Will I Still be Prosecuted for Florida Domestic Violence if the Alleged Victim Won’t Cooperate?

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

This is arguably one of the most common questions I get asked as a Fort Lauderdale domestic violence defense lawyer.

The short answer is: Probably.

That said, without the cooperation of the alleged victim, the foundation for the prosecution’s domestic violence case is undeniably weakened. If the alleged victim is actively helping the defense team, that can even further diminish the odds of a conviction. All of that could mean reduced charges or penalties.

However, it doesn’t automatically mean you’re out-of-the-legal-woods. Because it is such a common phenomenon for the alleged victim in these cases to refuse to cooperate with police or prosecutors, answer questions in deposition, or testify in court, the justice system has established a few workarounds (so-to-speak).

For one thing, while most assault and battery cases practically require the cooperation of a victim in order just to make an arrest, that’s not so in domestic violence situations. In fact, F.S. 741.29 states without no equivocation: “The decision to arrest or charge SHALL NOT require the consent of the victim or consideration of the relationship of the parties.” Furthermore, in section 4(b) of that same statute, the law holds that if there’s probable cause to believe two or more people committed a misdemeanor or felony, the officer has to make a determination about who was the primary aggressor. And then from there, the law says that “arrest is the preferred response only with respect to the primary aggressor,” (emphasis mine) and not with the other individual who acted reasonably to protect or defend themselves or someone else.

Secondly, as outlined by the U.S. Department of Justice, prosecutors have a literally playbook of strategies to employ when they’re prosecution domestic violence cases without a victim. Continue reading

May 20, 2023

“How Much Jail Time Will I Face for Passing Bad Checks in Florida?”

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

It’s not uncommon for someone to lose track of their budget and inadvertently overdraw their account when paying a bill. Making a mistake isn’t a crime. Where you will run into legal trouble though is when you know your funds don’t have money and you make the payment anyway.

The term “worthless checks” may be a bit obsolete, as most of our transactions these days are digital. But that doesn’t make it any more lawful to withdraw money from an account with full knowledge that:

There were insufficient fund in the account.
That account doesn’t exist.
That account was closed.
They intentionally engaged in an act that would cause the recipient financial institution to issue a “refer to maker.” This is when the funds initially clear the maker’s account, but then are later flagged for fraud. Most common scenario is someone steal’s another person’s debit card information.

Although these can seem like minor offenses, the reality is that in Florida, they can be felonies. If you’re charged with passing bad checks in Florida, it is vital that you contact an experienced Broward financial crimes defense lawyer. We can help you fight charges like credit card fraud, forgery, embezzlement, worthless checks, identity theft, and more.

How Does Florida Define “Bad Checks” as a Crime?

F.S. 832.05(2)(a) states that it is a crime for someone to issue, make, delivery, draw, utter, draft, or use a debit card to exchange money – knowing full well there isn’t enough money in that account to cover the cost. Both individuals and businesses have a responsibility to avoid paying for goods, services, or other things of value with worthless checks.

(Similarly, if you deposit a check knowing that the funds from the account the check is drawing from are insufficient, that’s also a bank fraud crime under F.S. 832.05(4)(b).

For most people, overdraft of an account is an honest mistake. But if you tend to play fast-and-lose with your balance – even just knowing there’s a chance you might overdraw – that could result in legal consequences.

There are two exceptions to this: Continue reading

May 10, 2023

Does Florida Have a “Romeo & Juliet Law”?

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

Young love can be a beautiful thing. Unless, of course, one of you is older than 18 and the other isn’t. Then, it could be a criminal thing. Statutory rape, to be exact.

As our Fort Lauderdale criminal defense lawyers can explain, Florida does have a so-called “Romeo & Juliet law,” but it’s not a catch-all for every consensual relationship situation between legal adults and teenagers. It also won’t protect you from criminal charges or conviction. It’s merely a means for the defendant to petition the court not to have to register as a sex offender.

Prior to 2007, the law in Florida was that ANY sexual relations between a minor and someone over the age of 18 was statutory rape – regardless of consent. A conviction meant the older party in the relationship would automatically have to register as a sex offender – and suffer all the lifelong complications that come with that, including difficulty with employment, housing, parental rights, and more.

In 2007, an exemption was introduced – what we refer to as the “Romeo & Juliet law,” codified in F.S. 943.0435.

What’s the Age of Consent in Florida?

First thing’s first: The age of consent for sexual relations in Florida is 18. Minors younger than that are by-and-large considered incapable of consenting to sexual activity.

There a few limited exceptions. Per F.S. 794.05, a minor who is 16 or 17 can consent to sexual intercourse with someone under the age of 24. In that case, no crime is committed. Same with consensual teen relationships between individuals 13 to 17 when there is no more than a 4-year age gap.

However, once the older half crosses the threshold of their 24th birthday, sexual intercourse with a 16 or 17-year-old becomes statutory rape, a second-degree felony punishable by up to 15 years in prison.

Scenarios that would be considered statutory rape under Florida law:
A sexual relationship between a 15-year-old and 18-year-old. (Second-degree felony.)
A sexual relationship with a 17-year-old and a 24-year-old. (Second-degree felony.)
A consensual sexual relationship between a 13-year-old and a 17-year-old. (Even though they’re both teenagers and it’s consensual, the older teen can be charged with lewd lascivious conduct if they’re 4+ years older than their younger paramour. It might literally come down to the month they were each born in. Though if that’s true, the defense might be in a stronger position to negotiate a dismissal or far reduced charge.)

If an adult travels to meet the minor for sex after making arrangements over the phone or internet, this is a second-degree felony – even if you never actually met up. If you’re 21-or-older and impregnant someone under 16, that’s a third-degree felony (contributing to the delinquency of a minor).

No one under 16 can consent to sex.

One (rare) exception is… Continue reading

May 1, 2023

Greater Use of Remote Technology Expected in Certain Florida Criminal Proceedings

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

We all know the legal world takes a bit more time than most to catch up to technological trends. Sometimes, this is a good thing; developing policy, procedure, and law on the basis of brand new tech that we still don’t fully understand the long-term implications of could have major unintended consequences. Sometimes, it’s perhaps less positive – particularly when we’re relying on standards and technology that’s been rendered obsolete or even archaic by current standards.

Recently, it was announced by the Florida Bar Association that the Board of Governors would be considering a proposed rule amendment that would compel judges to use remote technology in non-evidentiary hearings that last 30 minutes or less – unless they can show good cause why an in-person meeting is necessary.

What does this mean for defendants in Florida criminal cases? Mostly this is a win for everyone.

Some of the anticipated outcomes include: Continue reading

April 28, 2023

Is Evidence of Prior Bad Acts Admissible in Florida Domestic Violence Cases?

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

Defendants in Florida domestic violence cases should understand that while they still have the rights of most other criminal defendants, the justice system does deviate in its approach and practices in several respects with these cases. For example, you’re still presumed innocent until proven guilty, but if there is a protective order issued in conjunction with your arrest, you may be compelled to forfeit your right to carry firearms while that order remains in place. Another example is with regard to what type of evidence is allowed to be considered.

Prior bad acts of misconduct are generally not admissible in court to show that a defendant acted in conformity with misconduct on any occasion. In other words, you can’t just point to something else bad a person did – especially if they were never convicted of it – and assert or insinuate that the person’s bad character indicates a greater propensity to commit the crime in question. Just because you made a poor choice or acted badly in the past doesn’t necessarily mean you are guilty of the crime before the court.

There are some exceptions where it may be relevant to establish one’s motive, identity, mistake, intent, or common modus operandi. But in domestic violence cases, which tend to turn on the issue of credibility AND victims often refuse to testify, Florida courts are increasingly allowing evidence of prior bad acts of a defendant to be considered.

April 23, 2023

Can I Claim Self Defense in a Florida Domestic Violence Case?

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

Recently, a man in Florida was arrested after allegedly shooting his live-in girlfriend four times in the back. Upon arrest for first-degree murder, he told police his actions were in self-defense.

How likely is it that one can be successful in a claim of self-defense in Florida domestic violence cases?

As our Fort Lauderdale domestic violence defense lawyers can explain, it may be possible to successfully argue self-defense in a domestic violence case in Florida, but it will depend on the circumstances.

Domestic violence, as defined in F.S. 741.28, is defined as any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense that results in physical injury or death of one family or household member by another family or household member. (Note: Family or household member can mean not just spouses, but former spouses, those related by blood or marriage, people who presently reside together as if a family or once resided together as a family, and people who have a child in common regardless of whether they’ve ever lived together before.)

What Do I Need to Argue Self-Defense?

To argue self-defense in a domestic violence case, you will need to show that you acted in reasonable self-defense or defense of others. This means that you believed you or someone else was in imminent danger of harm and that your response was proportionate to the threat. Continue reading

April 12, 2023

Florida Legalizes Concealed Carry of Firearm Without Permits

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

With the signature of Florida Gov. Ron DeSantis on April 3rd, 2023, Florida strengthened its citizens Second Amendment rights by allowing individuals to carry a concealed firearm (starting July 1st) without requiring purchase of a concealed carry permit. The measure makes Florida the 26th state to decriminalize concealed carry of a firearm without a permit or any requirement for special training.

This is a big deal because current law makes carrying a concealed firearm without a permit could be as serious as a third-degree felony. A conviction for this offense carries a penalty of up to 5 years in prison and a $5,000 fine. That’s a serious weapons charge which could substantially impact one’s life for the worse. Until now, obtaining a Florida concealed carry permit previously required four hours of classroom time, firearm instruction, and passing a reasonable test. Those without a permit were required to keep their lawful firearms in a locked container. Concealed carry permits allowed individuals to keep their gun under their clothing, filing cabinet, or vehicle glove compartment.

In order for these new protections to apply, the law requires that the individual:

Be a U.S. citizen.
Be at least 21 years of age or older.
Have no disqualifying felony convictions or convictions for any crime relating to violence or drug abuse and no conviction for misdemeanor domestic violence offenses.

The state *may* also deny these protections to individuals on the basis of a history of drug and/or alcohol abuse, commitment to a mental institution, or dishonorable discharge from the military.

And although the law doesn’t technically take effect until July 1st, our Fort Lauderdale criminal defense lawyers understand there will not be legal penalties imposed on individuals between now and then for carrying a concealed firearm in public – so long as they aren’t in a prohibited area. Continue reading

April 6, 2023

Can a Fort Lauderdale Defense Lawyer Help With My Suspended License?

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

Having a revoked or suspended driver’s license in Florida – whether as a result of traffic violations or a DUI – can complicate your life logistically in so many ways. Not being able to legally drive is more than a minor inconvenience. It can make it tougher to attend school, maintain employment, care for your children, and carry out basic, everyday tasks. If your driver’s license has been suspended, working with an experienced criminal defense lawyer is imperative to protecting your rights while advocating for minimal driving restrictions.

As a longtime Fort Lauderdale criminal defense lawyer, I am able to help clients regain their driving privileges and advocate for a reduction of license suspension or revocation periods. I can also help clients charged with:

What is the Process for Florida Driver’s License Suspension?

There are many reasons the State of Florida can suspend your driver’s license – and they can do so without a preliminary hearing if there is sufficient evidence of wrongdoing pursuant to F.S. 322.27. Continue reading

March 28, 2023

Can Florida Police Lie to Juvenile Suspects During Questioning?

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

While there are laws against perjury in all states, police in Florida are allowed to lie to suspects – including juveniles – during questioning. Any confessions obtained during these deceptive interactions can be used against the defendant.

Recognizing that juveniles are especially vulnerable when faced with these types of interactions (and often taught to trust police), one Florida lawmaker has filed a bill that would render the confession of a juvenile inadmissible if it was obtained by police using deception.

Frankly, SB 890 is unlikely to pass. A similar measure last year failed unanimously, and this one does not yet have a companion bill in the state House.

But it does bring up an important point that our Fort Lauderdale criminal defense lawyers often must broach with suspects who opt to speak with police before asking for a lawyer: That it’s almost always a very bad idea. This is especially true for custodial interrogations involving juvenile suspects. We would agree that they are deserving of some additional legal protections, but as of now, they don’t have it.

There is a common – and generally judicially accepted – practice by law enforcement to lie without consequence to suspects during questioning. They make false promises of lighter sentences in exchange for confessions. They misrepresent the evidence in order to get them to confess. They’ll say a co-defendant has confessed when in reality they haven’t. These tactics are even more problematic in the context of juvenile cases because youth are more vulnerable – physically and psychologically. They are more susceptible to suggestibility. This has been known to lead to false confessions – especially with kids and teens.

Just take the case of the Exonerated Five, previously known as the Central Park Five – each told by police that their friends had already implicated them in a crime and that they’d face death unless they confessed. They did confess – each giving completely different stories – only to later be exonerated.

When there is a confession or self-incriminating statement given to police during interrogation, it almost inevitably leads to a conviction or plea. That is why so many Florida criminal defense lawyers are so adamant about suspects avoiding interrogation without their attorney present. Continue reading

March 18, 2023

Why One Man’s Trash is a Florida Prosecutor’s Treasure

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

Most people don’t give their trash a second thought once they’ve brought it to the curb. However, the contents of that garbage can be life-altering for suspects in criminal cases. As our Broward criminal defense lawyers can explain, so-called “trash pulls” are an increasingly common means for police and prosecutors to obtain incriminating evidence in cases – ranging from drug offenses to sex crimes to identity theft to murder. The practice is particularly popular with narcotics squads and sex crimes divisions.

Evidence obtained from discarded trash bags can be used to obtain a search warrant into your home, your office, and your person. DNA gleaned from the contents of one’s trash – on cigarette butts, bottle tops, plasticware – can be tested and used to make a case. Seeds, stems, or traces of cocaine can be used to justify a search warrant where the cops may have otherwise had clearly insufficient evidence.

Knowing that your garbage may be the target of police attention isn’t something at the forefront everyone’s mind, but it’s something to be mindful of if you know you’re the subject of a criminal investigation.

Isn’t Going Through Someone’s Trash an Invasion of Privacy?

The main question that arises in “trash pull” cases is whether digging through someone’s refuse is a violation of privacy. However, the courts have ruled time and again that there isn’t a reasonable expectation of privacy.

For example, in the 1981 case of Stone v. State, Florida’s 1st District Court of Appeal held that a defendant did not have a reasonable expectation of privacy when he placed items in a sealed, opaque trash container on his own property. In that case, police got a tip that the defendant was dealing cocaine. A police detective rode along with garbage collectors one day, and took custody of several twist-tied garbage bags from the suspect’s home that were otherwise headed for the landfill. When the contents of those bags were later examined, police found controlled substances residue. Those findings formed the basis of a search warrant, during which time police found further evidence to base a drug trafficking arrest. The defense argued the evidence gleaned from the garbage was inadmissible because it was unlawfully obtained. But the court held that items in a garbage bin set to be gathered and discarded by garbage collectors is considered abandoned property. Abandoned property is that which one intends to forever part with. When a person abandons their property, there is no reasonable expectation that it will remain private. Continue reading