Fort Lauderdale Criminal Attorney Blog

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.
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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.
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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.
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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.
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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.
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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.
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July 8, 2014

Tolbert v. State – Wrongful Admission of Firearm Evidence Sends Case Back to Court

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

It’s been estimated by the Pew Research Center that some 37 percent of Americans – or more than one-third – own a firearm or have a firearm in their home owned by someone else.

While the laws governing their use, sale and storage have become more restricted over the years, the fact remains these weapons are legal. What’s more, our Fort Lauderdale criminal defense attorneys know that evidence of gun possession – absent a clear connection to a crime – is not admissible in criminal court to be used against the defendant.

This issue recently arose before Florida’s Second District Court of Appeal in Tolbert v. State, where justices cited the 2011 Florida Supreme Court decision Agatheas v. State as a guide.
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July 1, 2014

U.S. Supreme Court: Warrant Needed for Cell Phone Search

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

In May, the Florida Supreme Court issued a ruling in Smallwood v. Florida in which justices held police in this state would need a warrant before searching a person’s cell phone.

Now, in a new decision handed down by the U.S. Supreme Court, the same is true nationwide.

Our Fort Lauderdale criminal defense lawyers know that the greatest significance of the Riley v. California case in the wake of the Smallwood ruling is that these rights have been solidly cemented. The Riley case sets a precedent and leaves defendants less vulnerable to a challenge on this issue.
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June 29, 2014

Constant v. State – 3rd DCA Remands Single-Witness Case Back for Trial

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

Fort Lauderdale criminal defense lawyers have long known that eyewitness identifications in criminal cases are fraught with all kinds of potential problems. Setting aside those who have motivation to lie, memory errors are a major issue when someone’s reputation and future is at stake.

Extensive research by legal and psychology scholars has made it clear that memory is fallible, subject to suggestion, bias and other outside factors.

So when a criminal case is based in large part on the foundation of eyewitness testimony, defense lawyers have an obligation to carefully question these accounts. In the recent case of Constant v. Florida, Florida’s Third District Court of Appeal reversed a robbery conviction and remanded a case for a new trial, following evidence that there were prosecutorial errors in the single-eyewitness case.
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June 22, 2014

State v. Jones – Case Felled by Fruit of the Poisonous Tree Doctrine

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

When a traffic stop is predicated on illegal pretenses, everything police discover as a result becomes void and barred from the courtroom.

This is the basis for the “fruit of the poisonous tree” legal doctrine, and our Fort Lauderdale criminal defense lawyers know that it is intended not only to serve as a protection for the accused, but also to encourage police officers to have legitimate reasons before initiating a traffic stop. Otherwise, they recognize their efforts will be for naught.

This point was illustrated recently in the case of State v. Jones, which was reviewed by Florida’s First District Court of Appeal.
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