Fort Lauderdale Criminal Attorney Blog

January 25, 2014

U.S. v. Guzman – Never Consent to a Search

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

One of the smartest things a person can do if stopped by a police officer is decline consent to a search – be it of your vehicle, your home or your persons.

It may not prevent the search from taking place. It may not even prevent your arrest. But clearly refusing a search will provide your Fort Lauderdale defense attorney with grounds upon which to request a suppression of evidence. If evidence is suppressed, it can’t be used against you and you have a better chance of seeing the charges dismissed or significantly reduced.

Relevant grounds for suppression would be if the officer failed to follow lawful procedure in conducting the search after consent was refused. However, if you consent to the search – as police will no doubt pressure you to do – all bets are off. By consenting to a search, you effectively waive your right to fight it later.
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January 20, 2014

Christian v. Wellington – Overcoming a Mountain of Evidence

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

There is a tendency among criminal defendants facing serious felony charges to assume they have few options.

Pressured by prosecutors and busy public defenders, defendants may be be quick to accept a less-than-advantageous plea deal, simply because they assume there is little chance of successfully fighting the charges at trial.

But here is what our Fort Lauderdale defense attorneys want you to know: No matter what evidence is stacked against you, never conclude the rap is unbeatable. In many cases, there are factors that can matter more than the evidence.
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January 14, 2014

Medlock v. Trs. of IN Univ. – Dorm Room Rights

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

For many college students, dorm life is the first taste of freedom and adulthood. But a dorm room is not exactly like a private residence when it comes to searches.

What you need to understand is that while you are protected against unlawful searches and seizures from police, the school still owns your residence. Fort Lauderdale criminal defense lawyers encourage students to assert their right to withhold consent for dorm searches, with the understanding that without consent, law enforcement officials generally must have a warrant before searching your room. The school, however, may be allowed to search regardless of your approval.

The case of Medlock v. Trs. of IN Univ. stems from the search of a dorm room that led to the arrest and expulsion of a sophomore. The criminal drug charges were eventually dropped and the student was admitted back to the school.
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December 26, 2013

DUI Manslaughter Arrest Requires Experienced Defense

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

Outrage was spurred after a 16-year-old drunk driver received 10 years of probation following a fatal wreck in which four people were killed and two seriously injured.

A psychologist at the trial testified that the teen, who lived on his own in a home purchased by his father, suffered from “affluenza,” and was the entitled product of wealthy parents who reportedly never allowed him to suffer any consequences for his actions.

The teen driver was reportedly traveling 70-miles-per-hour in a 40-mile-per-hour zone when he collided with the broken down vehicle of a teen girl, whom two families had stopped to help. Two of the teen’s passengers reportedly suffered severe and permanent brain injuries. The defendant’s blood-alcohol content reportedly measured at 0.24 three hours after the crash, and prescription drugs were found in his system.

The teen could have faced up to 20 years behind bars for his DUI manslaughter arrest.
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December 20, 2013

Navarette v. California – Traffic Stops Based on Anonymous Tips

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

The Fourth Amendment well establishes that before a police officer can initiate a traffic stop, he or she must have reasonable suspicion that a crime has been committed or is about to be committed.

But in the case of Navarette v. California, the question is what obligation does a patrol officer have to corroborate anonymously provided information relating to reckless drivers. The U.S. Supreme Court has agreed to take on this issue, with oral arguments slated to for late next month.

The resulting decision is likely to have a great impact on whether Broward DUI defense lawyers will have additional grounds on which to challenge the evidence against our clients.
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December 15, 2013

Holidays Rife With Domestic Violence Allegations in Florida

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

Glittering lights may adorn the outside of many homes this time of year.

Too often though, that facade betrays the darker reality of what is occurring behind closed doors.

There is no question that the number of domestic violence charges in Browardand elsewhere spike during the holiday season. Contributing factors include financial pressures, unrealistic expectations and often, the increased consumption of alcohol. Also during this time, couples who might be on the brink of breaking up will try to hold it together through the first of the year – only to find tensions rise to the breaking point and beyond.
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December 10, 2013

Social Media as Criminal Evidence in DUI: ‘2 Drunk 2 Care’

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

These days, people have become accustomed posting almost every element of their lives on social media. There are vacation photos, music choices and even snapshots of daily meals.

But this atmosphere of over-sharing has in some cases led to the casual and sometimes bold admittance of involvement in criminal activity.

A recent South Florida drunk driving arrest may well illustrate this, if the reports prove true.
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November 27, 2013

Florida Lawmakers Seek Expansion of Fetus Protections

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

In a move that could have sweeping effects on a broad range of criminal defendants, lawmakers in Florida are weighing a move to broaden protections for unborn children. What’s more, unlike many other similar measures, pro-choice advocates seem unlikely to fight the action, which means its chances of approval are much higher.

The new law would make it a separate crime to cause injury or death to an unborn child – regardless of the fetus’ stage of development.

Fort Lauderdale criminal defense attorneys know this could end up resulting in major complexities and complications in cases ranging from allegations of DUI to domestic violence.
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November 20, 2013

Stalking Allegations on the Rise in Florida

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

Years ago, a bad break-up might linger in your mind for a few weeks or months, giving way to the occasional pang of rejection or regret only every so often.

Even if forgetting wasn’t fully possible, it was easier back then to let go.

Our Fort Lauderdale criminal defense lawyers know it’s much tougher these days because updates on virtually anyone’s ex are available with just a few clicks. Social media connections are such that it may seem you are never truly able to disconnect and move on. This is compounded by the fact that we all have such instantaneous access to voice our immediate anger and frustrations – in some cases very publicly. It’s no wonder that cases of harassment and aggravated stalking have risen in recent years.
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November 10, 2013

Domestic Violence Arrest: “He Kept Walking Into My Knife”

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

An argument over a pot-gobbling pooch ended with a South Florida model in handcuffs after telling deputies her boyfriend had repeatedly walked into the knife in her hand.

The 26-year-old was arrested for domestic battery in Dania Beach after responding deputies took note of a couple small knife cuts to the boyfriend’s head and face and another cut across his hand. He was not seriously injured and did not require hospitalization.

Although reporters described the judge as “bemused” as he read aloud the incident report before the court during the defendant’s first appearance, a charge of domestic battery is no laughing matter.
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