Fort Lauderdale Criminal Attorney Blog

September 20, 2013

Florida Juvenile Traffic Offenses: Potential for Long-Lasting Consequences

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

Police in Boynton Beach recently arrested a 14-year-old girl and a 35-year-old man after the two were stopped in a stolen vehicle, which was being driven by the underage, non-licensed girl.

Authorities say the girl was invited by the man to drive the vehicle after the two met at a party in Delray Beach. The girl would later say she had no idea the vehicle was stolen.

Our Palm Beach juvenile defense attorneys know that while this young driver could potentially be barred from obtaining a driver’s license until she’s 18, this does appear to be a situation in which a youth was strongly influenced by an older individual. That could factor into the judge’s determination of how harshly she should be treated. It’s plausible an argument could even be made that she was a victim in this case.
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September 15, 2013

Spate of Florida DUI Arrests Involve Parents

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

With the start of the school year comes a heightened risk of Florida DUI arrests, not just for newly-minted teen drivers, but parents as well.

While the summer months can be spent lazily at the beach or grilling out at home by the pool, the school year is packed with child-oriented activities. That includes not just ferrying younger children to-and-from school, but also to all sorts of sporting an extracurricular activities.

These demands will have parents out and about more. Even moderate consumption of alcohol or the controlled consumption of prescription medications or over-the-counter drugs could expose parents to the potential for a DUI.
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September 3, 2013

Florida Road Rage Case Could End in Felony Conviction

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

An alleged case of road rage in Boca Raton has resulted in a Coconut Creek man facing felony charges of aggravated assault after authorities say he pointed a gun at another driver on I-95.

Our Fort Lauderdale criminal traffic defense lawyers know that a recently-passed Florida law, which went into effect July 1, 2013, penalizes drivers who prompt road rage with slow driving.

A person poking along at more than 10 miles below the speed limit in the left lane of a multiple-lane highway or road while another vehicle is approaching from behind will face a $60 fine. The ticket received will also have the same effect on one’s driver’s license as a speeding ticket, which could inevitably drive up insurance rates.
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August 25, 2013

“Reasonable Suspicion” Key in Many Florida Criminal Cases

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

A criminal traffic defendant in Ohio this month was victorious in her appeal against a trooper who had stopped her and subsequently arrested her for DUI, reckless operation and failure to drive within marked lanes.

The grounds for her appeal? The trooper lacked a “reasonable, articulable” suspicion upon which to stop her. The appellate court agreed, and her conviction was reversed.

Fort Lauderdale criminal defense lawyers are well aware of the fact that reasonable suspicion can play a key role in whether an officer had the right to stop a defendant in the first place.
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August 20, 2013

Florida Drug Sentencing Severe, Despite Calls for Change

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

When U.S. Attorney General Eric Holder stood before the world and promised that his office was committed to curbing “draconian” minimum mandatory sentences for lower-tier drug offenders, it sounded awfully familiar to many Floridians.

For years, a bi-partisan coalition of activists in the state have been trying without success to overhaul Florida’s minimum mandatory drug laws. Our Fort Lauderdale drug crime defense attorneys know that recent analysis shows that a mandatory, three-year drug sentence in the state costs taxpayers nearly $58,500, while a combination of treatment and work release over that same time frame costs less than $20,000.

Crime in Florida is the lowest it’s been in more than four decades. Yet, our prison population continues to balloon with large numbers of first-time offenders, mostly arrested after undercover busts for trafficking in small amounts of drugs.
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August 10, 2013

Florida Marijuana Arrests Racially Disparate

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

Not only are arrests for marijuana possession in Florida astronomically high, they also reveal a stark racial bias, according to a recent report issued by the American Civil Liberties Union.

Our Fort Lauderdale criminal defense attorneys understand that while the national average revealed that blacks were four times as likely to be arrested for marijuana-related crimes than their white counterparts – despite equal usage rates – there were places in Florida where blacks were 10 times more likely to face criminal marijuana charges.

Federal law classifies marijuana as a Schedule I narcotic, highly addictive and with no redeeming medicinal properties. Of course, this classification has been heavily refuted by medical and policy scholars, but as of right now, it remains. Some 18 states have approved it for medicinal use and a number have also decriminalized possession of small amounts for recreational use. However, the sunshine state is among them, and possession of marijuana in Florida, assuming it’s less than 20 grams, is a first-degree misdemeanor, punishable by up to one year in jail. Possession of anymore than 20 grams of marijuana in Florida is a third-degree felony, punishable by a maximum 5 years in prison. In either case, you will also face a two-year suspension of your driver’s license.

These are serious consequences with the very real potential to destroy a person’s future. And for what? The ACLU points out that between 2001 and 2011, the vast majority of marijuana-related arrests and expenses were related to crimes of possession, as opposed to distribution or trafficking. What’s more, these arrests revealed incredible racial bias that has actually crept upward in recent years.

Nationwide, blacks are 3.73 times more likely to be arrested for marijuana possession than whites. Here in Florida, blacks are 4.2 times more likely than whites to be arrested for marijuana possession.

Put another way, in 2010, there were 866 black people arrested for marijuana possession per population of 100,000. Meanwhile, there were 208 white people per 100,000 arrested for marijuana possession.

The counties with the largest disparities included:
Sarasota (blacks were 10 times more likely to be arrested);
–Martin (9.8 times more likely);
–Pinellas (7.1 times more likely);
–Alachua (6.6 times more likely);
–Nassau (5.9 times more likely).

In Miami-Dade, blacks were 5.4 times more likely to be arrested for marijuana crimes. In Broward, they were 3.7 times more likely and in Palm beach County, they were 4.8 times a more likely target.

Prosecutions for marijuana possession in Florida have tapered off only slightly since 2008, but only after rising dramatically from 2001 to 2007.

Arrests for marijuana possession account for 41 percent of all drug arrests in Florida and the state spend nearly $229 million enforcing marijuana possession laws in 2010.

There are numerous defenses our attorneys might employ, depending on your situation. We might argue:
1. Illegal search and seizure (police never had the right to search your property in the first place, and therefore can’t use the evidence found against you);
2. Lack of knowledge (you didn’t know the substance was in your possessions);
3. Constructive possession (the drug was found in a place where more than one person had access, and prosecutors can’t prove it was yours and not the other person’s);
4. Overdose defense (you are immune from prosecution if we can show the drug was only found due to your seeking help for someone experiencing a drug overdose).
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August 5, 2013

Fleeing From Florida Police Almost Never Goes as Planned

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

Had the 30-year-old driver stopped immediately for the Delray Beach police officer who attempted to pull him over late last month, he would probably have probably been arrested for driving without a valid license.

It’s likely he would have also gotten a citation for driving without a seat belt. He probably also would have been charged with possession of marijuana, as he had a small baggie in the console of his vehicle.

Instead, our Fort Lauderdale criminal defense lawyers have learned, he chose to flee. It did not turn out well for him, or especially other motorists.

Now, he is facing a number of felony charges, including driving without a license causing serious injury or death, fleeing causing serious injury or death, failure to remain at the scene of a crash and reckless driving causing bodily injury. Additionally, he’s charged with resisting an officer and possession of marijuana.

This is all going to add up to a potentially lengthy sentence if convicted. We’re talking about:

—Florida Statute 316.027, Crashes involving death or personal injuries. Failure to remain at the scene of a crash with personal injury is a third-degree felony, punishable by a maximum five years in prison.

—Florida Statute 316.192, Reckless driving. When someone is driving recklessly and such action results in serious bodily injury to another, it’s also a third-degree felony, punishable by five years in prison.

—Florida Statute 322.43, Driving while license suspended, revoked, canceled or disqualified. This is normally a second-misdemeanor, punishable by up to two months in jail for a first-time conviction. It’s bumped up to a third-degree felony if it’s a third or subsequent conviction for the same offense or if while driving on a suspended license, one carelessly or negligently operates a motor vehicle in a manner that results in serious injury or death.

—Florida Statute 316.1935, fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding. If you flee from a police officer with wanton disregard for public safety and cause someone to be seriously injured or die, it’s a first-degree felony, punishable by up to 30 years in prison.

So just with the felonies, we’re talking about a situation where someone went from facing maybe a year or two behind bars – tops – to facing more than 45 years in prison.

We can’t purport to know exactly what was going through this defendant’s mind. However, what we do know is that past similar cases almost always involve fear and panic. This man didn’t want to go back to jail, a place he’d been some two dozen times since 2000.

Here’s what reportedly happened:
An officer in Delray Beach reportedly attempted to pull this man over for failure to wear his seat belt. It was shortly after 8 p.m. on a Tuesday. The officer didn’t turn on his overhead lights until the defendant reportedly attempted to suddenly speed away, presumably after noting the officer following him.

The driver reportedly sped away at speeds of up to 50 miles-per-hour in a 25-mile-per-hour zone. He blew through a stop sign. At that intersection, a 39-year-old woman was driving her 11-year-old son home from a haircut. The vehicles collided. The fleeing driver ultimately struck a utility pole, which broke in half and knocked out power to the surrounding neighborhood.

The 11-year-old suffered minor injuries, as did the fleeing driver. The mother, however, suffered critical, life-threatening injuries. She is expected now to recover, but she may continue to be in the hospital for some time in intensive care.

The fleeing driver jumped out of his vehicle and ran. An officer chased him on foot and soon caught him. He was booked into Palm Beach County Jail, with a bond set at $65,000.

The bottom line is that fleeing almost always makes the situation worse. This man might have been arrested anyway, but he could have spent the money he’s now shelling out on bond for an experienced attorney and been much better off. The fight for his freedom is now much further uphill.
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July 30, 2013

Florida’s “Bong Ban” May be Weak, but Charges Still Possible

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

You may have heard that starting on July 1, a new law went into effect in Florida that aims to ban the sale of certain drug paraphernalia, such as bongs, pipes and rolling papers routinely used to smoke marijuana and other controlled substances.

However, our Palm Beach criminal defense lawyers recognize that the measure is likely to be largely lackluster in terms of immediate impact. Still, it’s a mistake for store owners and marijuana users to brush this off by thinking it will have no impact whatsoever. Charges are still possible – in fact, probable, if you aren’t careful.

The new law, introduced as House Bill 49, makes it a first-degree misdemeanor, punishable by up to one year in jail, for any retailer to willfully or knowingly sell drug paraphernalia. Second and subsequent violations are boosted to a third-degree felony, punishable by up to five years in prison, a $5,000 fine, loss of a driver’s license, their business and the right to vote.

The way the law was originally penned, it was supposed to ban smoking devices made of ceramic, metal, acrylic, glass, plastic, wood or stone, with or without screens. It would have included all water pipes, bongs, ice pipes, electric pipes etc. Technically, the law only allows pipes made of corn cob, clay, meerschaum or briar.

But the law, as it is detailed in Florida Statute 893.147, is incredibly vague. The first version of the law did not have the “knowingly or willfully” provision. Adding this clause makes a huge difference in terms of enforcement. Unless law enforcement can prove that a shop intentionally sold a pipe to someone for the explicit purposes of drug use, they don’t have a case.

So what this means is that the items listed are only illegal if they are sold, used or intended/designed for use in a specific manner consistent with consumption of controlled substances.

For the most part, shops that sell these devices were already very careful about refusing sale or service to individuals who made references to illegal drug use. In some cases, stores have written policies posted on the doors saying that if a customer states or even infers that the product is going to be used to consume illegal drugs, he or she will be turned away.

Mostly, what the law does is give store owners a very strong incentive to follow this rule.

As far as those purchasing the materials, it’s not illegal unless you are using it for the purposes of consuming illegal drugs. So the pipe, bong, rolling papers, etc. are not considered drug paraphernalia unless they are either found with drugs or drug residue.

While marijuana is legal for medicinal purposes in 18 states plus the District of Columbia, Florida is not among those. Florida Statute 893.147 holds that it is illegal to use, possess, manufacture, deliver, transport or advertise drug paraphernalia. This is a first-degree misdemeanor.
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July 20, 2013

Broward Shoplifting Arrests Likely with Taskforce Creation

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

The Fort Lauderdale theft of some $100,000 in merchandise from two area electronics stores is being potentially linked to other retail thefts in Florida.

Our Fort Lauderdale criminal defense lawyers recognize that this incident comes on the heels of an announcement by local, state and federal authorities that a comprehensive retail task force is in the works.

According to federal officials, retail thefts nationally result in losses of approximately $30 billion and affects most storefront retail businesses to some degree.

The new task force, which is going to include deputies from the Broward County Sheriff’s Office, will target the many different types of retail theft crimes, from individuals who line their pants-pockets with tin foil to throw off anti-theft sensors to organized theft rings that have been known to drive off with containers packed with merchandise.

The recent electronics store burglaries are one example of what authorities are targeting. According to news reports, the first incident happened at a store on North Federal Highway, where a pair of individuals gained entry after store hours by cutting a hole in the roof. From there, they forced open several display cases and reportedly heisted about $30,000 worth of electronics.

The second incident, which occurred at another branch of the same business, this one on Southeast 17th Street, happened when two individuals broke in through a wall the store shared with another business. Once again, the pair targeted the display cases, this time making off with about $90,000 worth of electronic merchandise.

Similar incidents have been reported in Largo, and detectives say the incidents could be connected.

Another recent example was the case of a couple in Palm Beach County who were arrested after attempting to steal nearly $2,400 worth of baby formula from a large chain store retailer.

Then there was the Hialeah couple accused of stealing some $36,000 in children’s products. Their scheme involved purchasing expensive, big-ticket items one day. They would then return a few days later, pull these items off the shelves and then return to the register for cash using the original receipt.

The methods reportedly run the gamut, from robberies at gunpoint to sophisticated heists.

Task force investigators say these items, often stolen in bulk, are then sold at local flea markets or online.

The National Retail Federation, which cited the $30 billion figure in its latest national survey, has reportedly ranked Miami as 4th in the nation for prevalence of organized retail theft. The organization said many retailers are unprepared to confront those with elaborate schemes. He said the methods have evolved rapidly, and the deterrent actions that were effective even a year ago are no longer working.

While the task force operators say they have little interest in targeting small operations, we are confident that arrests for all types of shoplifting and retail thefts are going to spike in the coming months with the creation of this initiative.

Florida Statute 812.014 holds that anyone who steals property in excess of $100,000 can be charged with a first-degree felony, which is punishable by up to 30 years in prison. Items valued at between $20,000 and $100,000 will be charged with grand theft as a second-degree felony, punishable by up to 15 years in prison. Any theft between $300 and $20,000 can be charged as grand theft of the third-degree, a third-degree felony punishable by up to 5 years in prison.

There are also exceptions to these rules. For example, if you steal a firearm, it might only be worth $200, but according to the law, it will be charged as a third-degree felony.
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July 15, 2013

Palm Beach DUI Manslaughter Charges Facing Teen

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

He is just 19-years-old.

The girl he is accused of killing was just 18.

The two were friends. Our Palm Beach manslaughter defense attorneys understand the boy is facing a second-degree felony charge that could put him in prison for up to 15 years.

It’s a tragic story and unfortunately, regardless of the criminal trial outcome, there are no winners.

What we strive to do is ensure your rights are protected. We know that prosecutors tend to get overzealous in these cases because it’s easy to want to blame someone. We know that the survivors in such an incident will be serving a life sentence no matter what, as the memory of such an awful event will haunt for many years to come.

In this case, the crash occurred in February, though the defendant is just now being charged because it took this long for investigators to process the laboratory results for toxicology as well as the crash scene recreation.

We know that without question, the 19-year-old was behind the wheel when he reportedly drove through a residential neighborhood in Lantana and struck a palm tree. The impact of the crash left the driver with minor injuries. However, the 18-year-old girl, a back-seat passenger, was killed upon impact.

Crash investigators say that as they’ve had a chance to analyze the evidence, it appears the crash was preceded by the driver traveling at speeds of 80 miles per hour in a 35 mph zone. He reportedly drove through a stop sign. Perhaps panicked by his unlawfully passing through the intersection, investigators say the driver swerved right. This caused him to lose control of the vehicle, sideswipe a palm tree and then strike a second palm tree. The impact of this rapidly spun the car and caused both the girl and another 18-year-old passenger, a male, to be thrown from the vehicle.

The other male was well enough, apparently, to leave the scene and run to his home nearby. It’s not clear why he fled.

Paramedics arrived to find the girl dead. The driver and another 18-year-old female, were both transported to a local hospital. Officers said they noted the smell of alcohol on the young driver’s breath.

A blood test of the driver taken at the hospital returned a blood-alcohol level of 0.089 percent. In Florida, a person is legally over-the-limit if his blood-alcohol level is 0.08 percent. However, that is only if the individual is over the age of 21. A driver under 21 is considered DUI if his or her blood-alcohol level is above 0.02 percent.

The toxicology results also reportedly returned the presence of marijuana in the young man’s system, causing investigators to conclude it was a combination of that plus the alcohol that led to the teen’s impairment.

However, our defense lawyers would argue that blood testing of marijuana is not necessarily an accurate determination of intoxication. Just because marijuana is found in one’s blood stream doesn’t necessarily mean they are intoxicated at the time of the test, as the drug remains in the system much longer than alcohol.

The teen was arrested on charges of DUI, DUI manslaughter and vehicular homicide. He is being held in lieu of $160,000 bail.
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