Fort Lauderdale Criminal Attorney Blog

January 17, 2015

Smith v. Florida – New Trial for Drug Defendant for Improper Testimony

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

A man previously convicted of drug dealing has been given another trial, after Florida’s First District Court of Appeal ruled certain testimony from a law enforcement officer was improperly admitted.

According to court records in Smith v. Florida, an officer, over the objection of defense counsel, detailed the “typical” drug dealing patterns and likened them to the actions of defendant.

Citing the 2010 ruling in the case of Austin v. State, justices ruled this was improper. Specifically, it “invaded the province of the jury” with the suggestion that an inference should be drown from the facts before them to the general patterns of criminal behavior. It serves to unfairly prejudice defendant.
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January 9, 2015

Fort Lauderdale DUI Manslaughter Cases in Court

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

Prosecution in a number of DUI-related deaths in Fort Lauderdale has recently made headlines, with authorities seeking harsh penalties for convicted defendants.

Courts in Florida are given broad discretion in terms of sentencing in a DUI manslaughter case, thought there is a minimum mandatory sentence of four years in prison, per F.S. 316.193. Depending on the circumstances, one could serve a maximum of 15 to 30 years on a single charge (the latter reserved for first-degree felony cases in which defendant caused the crash while drunk and then also fled the scene without rendering aid as required by law).

Prior to last year, some defendants may have had incentive to flee, as penalties for a fatal hit-and-run were far less than those for DUI manslaughter. If the person could hide from authorities long enough for their blood-alcohol content to diminish, they had a good chance at a reduced penalty. That’s no longer true, following the passage of the Aaron Cohen Life Protection Act, which increased the minimum mandatory penalties for fatal hit-and-run to align with those for DUI manslaughter.
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December 31, 2014

New Year, Clean Slate: Seeking Expungement in Florida

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

As we look to a new year, some may wish to explore the possibility of a clean slate. That is, to have their criminal record expunged so it no longer hinders their ability to secure a job, student loans or other opportunities.

You may have heard recently of celebrity Mark Wahlberg seeking a pardon for a felony assault charge he committed in 1988 in Boston as a 16-year-old. It’s worth noting a pardon and an expungement are two different things. Having one’s record expunged in Florida requires certain criteria be met, and the process is completed judicially through the courts. Meanwhile, a pardon is granted by an official within the executive branch.

Wahlberg, for instance, is one of dozens seeking a pardon from the outgoing Massachusetts governor. In that state, the governor recently expanded guidelines to make it easier for people to apply for pardons, commutations or reductions in prison sentences.
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December 19, 2014

Shoplifting Charges, Theft Allegations Up Amid Holidays

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

Tis the season for giving – and also for taking. Theft in its various forms inevitably spikes during the holidays, when more opportunities present themselves.

From retail theft to package theft to identify theft – there is always more of it in December and January. Law enforcement agencies have responded to this by initiating special operations to target such offenders, particularly those involved in organized retail crime.

For example, “Operation Holiday Steals” was a three-day sting involving partnerships with the Broward County Sheriff’s Office, local police, U.S. Homeland Security, the U.S. Secret Service and some two dozen large-scale retailers, including Target, Walgreens, Macy’s and Sports Authority. The stores sent their best loss prevention administrators to work with law enforcement in order to identify and arrest some of the area’s top retail crime offenders. Several banks and financial firms helped with detection of stolen credit cards and credit card fraud.
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December 14, 2014

Report: Florida Cornerback Avoids Criminal Charges for DUI Hit-and-Run

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

In the wee hours of the morning in early October, the starting cornerback at Florida State University was returning from a celebration of his team’s victory. Meanwhile, in the opposite direction, a teenager was returning home from his shift at the Olive Garden.

The football player reportedly entered the oncoming lane. Both vehicles were totaled. While Florida law requires any driver involved in a crash to remain at the scene, the football player and his two friends allegedly fled on foot.

This was serious. First of all, DUI in and of itself is a considerable offense, punishable per F.S. 316.193 with up to six months in jail, a $1,000 fine and possible ignition interlock installation for a first-time conviction. Involvement in a wreck with property damage while drunk is a first-degree misdemeanor, punishable by up to one year in jail. Causing serious bodily injury in a DUI crash is a third-degree felony, punishable by up to five years in prison. Then there is the hit-and-run aspect, which per F.S. 316.027 carries a five-year prison term if the crash resulted in injury and a 30-year prison term if the crash resulted in death.
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December 7, 2014

Florida Domestic Violence Arrests Up Over Holidays

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

The number of domestic violence reports, arrests and shelter resident counts increase every year around the holidays.

Experts who study the issue point to a number of potential factors: More frequent bouts of depression, loneliness, family tension, alcohol consumption and more time spent indoors and at home. It’s also a time when estranged relatives, ex-husbands, ex-wives, ex-boyfriends and ex-girlfriends are more likely to be invited to family gatherings, and there is a heightened risk of a confrontation.

Additionally, no-contact orders are far more likely to be violated, as people try to set aside differences to make the holiday better for children and other loved ones. Unfortunately, even if both parties consent to the contact, it’s still illegal so long as the court recognizes the order as valid.
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November 29, 2014

Florida v. Henderson – Court Rejects 4th DUI as “Isolated Incident”

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

A woman arrested for her fourth DUI while still on probation for the third had not committed an “isolated incident” warranting a downward departure on sentencing, Florida’s Fifth District Court of Appeal ruled recently.

It was the second time the case of Florida v. Henderson had been before the appellate court for sentencing issues.

The first time, the trial court sided with defense, ruling a downward departure sentence was warranted because of non-statutory mitigators. Appellate court disagreed and remanded. Then, trial court decided that because her fourth DUI was her first felony DUI, the incident was “isolated,” and therefore a downward departure sentence was allowed. The trial court imposed the original sentence. Appellate court again reversed, meaning defendant now faces up to five years in prison.
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November 24, 2014

Ten Years Prison for Four-Time DUI Offender in Wrong-Way Crash

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

Many people think of a DUI arrest as something of an inconvenience. They know they’ll likely lose their license for a time, incur hefty fines and court costs and will probably need to hire a lawyer if they hope to negotiate lighter penalties.

However, for those convicted of multiple DUIs or for involvement in crashes that result in serious injury or death, the outcome is often much more grim. These are felony cases requiring intervention from an experienced and dedicated legal advocate.

Depending on the circumstances, defendants could face between 5 to 30 years in prison. These charges are not a mere inconvenience – they are potentially life-altering.
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November 14, 2014

Long v. Florida – Felony Conviction Reversed for Inherent Prejudice of Jury

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

It’s inevitable that everyone carries their own personal feelings, attitudes and beliefs which color their perceptions of the world around them.

Jurors are no different. It is expected that attorneys and judges, though the voire dire process, will be able to identify some of those biases and determine as best as possible whether that person can still objectively evaluate the evidence.

But not all prejudice is internal. As the recent case of Long v. Florida reveals, external factors occurring at or during trial could improperly influence a juror’s decision.
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November 7, 2014

Florida, Ohio Issue Conflicting DUI Breathalyzer Rulings

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

Florida and Ohio courts both recently were tasked with weighing the viability of breathalyzer results as key evidence in criminal cases alleging driving under the influence of alcohol. Both courts came up with different answers.

The news isn’t good for those arrested for DUI in Florida.

In Vuong et al. v. Florida Department of Law Enforcement, Florida’s Fourth District Court of Appeal was not swayed by the claims of 41 DUI defendants from Palm Beach County. They claimed the administrative code governing the state’s top law enforcement agency was too vague and failed to provide sufficient guidance for approval and use of the standard Intoxilyzer 8000 breath test instrument.
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