Fort Lauderdale Criminal Attorney Blog

July 15, 2012

Domestic Violence Cases See Uptick In Palm Beach County

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

A 21-year-old woman marked her milestone birthday with an arrest on charges of domestic violence against her mother, according to The Sun-Sentinel.

West Palm Beach defense lawyers understand that in fact, this incident is one of a growing number of domestic violence incidents throughout Palm Beach County, according to News Channel 5.

The details of this particular incident aren’t exactly clear, but from what we can glean from various media reports, the 21-year-old was celebrating her birthday when she reportedly became involved in an altercation with her mother. That fight at some point turned physical.

Police and emergency fire officials were called to the family’s residence around 2 a.m., where they found the defendant reportedly screaming and covered with blood. There was even blood smeared across the front door. Officers reported that as they tried to take her into custody, she punched and kicked at them, and subsequently cursed and spat at fire officials who attempted to treat her. They ultimately covered her face with a shield in an effort to protect them from her saliva and blood.

The woman, who is employed as a caregiver for an autistic child, said she does not remember the incident as described to her.

She was ordered held on $6,500 bond.

FL Statute 741.28 defines domestic violence as any form of assault or battery or stalking or kidnapping or sex offense that results in injury or death of one family or household member against another.

Often when we think of domestic violence offenses, we think of husbands beating their wives. However, the law is actually quite broad in its interpretation. It could mean a child against a parent – even if they aren’t living together – or it could mean girlfriends against boyfriends or it could mean a separated couple who has a child together.

Penalties are going to vary, depending on the specific details of the incident and the severity of the injuries. In this particular case, the woman is facing charges of domestic violence, as well as resisting an officer with violence.

Other recent domestic violence incidents in Palm Beach County include a fatal shooting earlier in June and a woman who was set on fire at a Boynton Beach gas station.

The Palm Beach County Sheriff’s Office is reporting a 10 percent increase in domestic violence calls over the last year. And when we look at victims of domestic violence who have sought shelter with the YWCA, there were about 445 between July 2009 and July 2010. But then last year, that figure jumped to 555.

Domestic violence advocates are blaming the economy. The stresses that come from being out-of-work can lead people to turn to drug and alcohol abuse, which can in turn lead to violence. In other cases, you have people who are simply not good at coping with the burdens that result from unemployment or underemployment, and they end up lashing out at those closest to them.

Whatever the reasons behind your arrest, contact an attorney with a proven record of success in defending domestic violence cases.
Continue reading

July 13, 2012

Teen on Trial for Attempted Murder in Broward Teen Burning

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

A Fort Lauderdale jury will hear very different sides in the trial of a teen accused of attempted second-degree murder of another teen – one who used to be his friend.

Fort Lauderdale juvenile defense lawyers know that when it comes to alleged crimes involving teens, a skilled attorney won’t count on a defendant’s baby face being enough to sway a judge or jury.

Particularly when a juvenile is being tried as an adult – which they overwhelmingly are for crimes like homicide and sex assault – securing a defense attorney with experience becomes critical.

This case involves three teens accused of setting a fourth on fire, causing him to suffer near-fatal burns. He ultimately survived.

The case drew worldwide attention and great sympathy for the alleged victim.

The teens were all in middle school when the alleged crime occurred, but they all faced very adult sentences.

A now-17-year-old pleaded guilty and was given eight years in prison followed by 21 years of probation. A now-18-year-old was given an 11 year prison sentence followed by one year of house arrest and 18 years of probation. Those two have both already pleaded guilty.

The third defendant in the case has decided to go to trial. He could be sentenced to as much as 30 years behind bars if convicted on the charge of attempted second-degree murder, defined in FL Statute 782.04. The main difference between a first-degree charge and a second-degree charge is premeditation. In this case, prosecutors aren’t alleging that the boys necessarily intended to kill their former friend. But it is clear, they say, that the teens intended to harm him.

Prosecutors say that the teen who is currently on trial was angry with the alleged victim over a $40 video game for which the victim had never paid him. Plus, the alleged victim’s parents had one of the suspects arrested several weeks earlier for trying to steal a bicycle from their porch.

In an effort to exact revenge, prosecutors say the teen on trial encouraged one of the others to dump rubbing alcohol on the victim. Then, the other boy light a match and threw it on the victim.

The alleged victim had burns covering about 65 percent of his body, and is said to have only survived because he jumped into a nearby pool. He was reportedly flown by helicopter to a nearby hospital, where he then underwent a serious of surgeries over the course of five months.

The defense doesn’t argue that the victim was seriously hurt. However, the series of events that led to that point, they contend, were very different than what the prosecutor is alleging.

They indicate there was no premeditation, no plan. It was a prank – albeit a stupid one – and they never expected that the victim would be burned, let alone seriously hurt.

What’s more, the defendant who is on trial now never actually touched the victim himself.

Prosecutors say the fact that he orchestrated it is enough to secure a conviction.

What is not in question is that this teen will require an aggressive and skilled lawyer to mount a strong defense in the weight of such evidence.
Continue reading

July 5, 2012

Fort Lauderdale DUI Watch: Suspect Offers Trooper a Bribe

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

What could have been a simple misdemeanor DUI charge has ballooned into a second-degree felony case, after a woman allegedly attempted to bribe a trooper to let her go.

West Palm Beach DUI lawyers understand, according to multiple media reports, the 21-year-old woman is facing felony bribery charges, following the incident in Orlando.

The Florida Highway Patrol trooper reported that he stopped the driver for traveling 12 miles per hour above the posted speed limit, which was 30 miles per hour. At the time, she was driving a newer Nissan Altima.

The trooper said he asked her to exit the vehicle, and she repeatedly refused, even after six requests. The officer then reported that he saw the woman make a move for her ignition. Fearing she was going to make an attempt to flee, he opened her door and yanked her out of the vehicle by her arm.

She fell to the ground.

The trooper then reported at that time that he smelled alcohol around the area of the woman’s face. She was walked to the patrol car, and the trooper said she did so unsteadily. She was then instructed to sit on the front of the police car. As she did so, she reportedly lost her balance again.

In searching her vehicle, the trooper reportedly discovered an empty bottle of liquor.

She refused to undergo field sobriety tests before he placed her in the back of his patrol car. Once he did so, he reported that she offered him multiple times to pay him several thousand dollars to let her get out of the ticket.

Now, what our West Palm Beach DUI defense attorneys believe is important here is the way in which this offer was supposedly made. As evidenced by the dash camera inside the cruiser, what the woman reportedly said was, “Whatever I owe you, I can just pay you in cash.”

This statement alone is quite ambiguous.

The other statements appear more slightly more damning, but there is still the possibility that they could be defended in court. It will be tough for the state to argue she was too drunk to drive but consciously and deliberately committed a felony by offering a bribe.

According to the trooper, the woman told him she had previously been released by an officer for the same offense after she gave him money, and she added, “So there’s no way I could just pay you off, even if I gave you $3,000 right now.”

The trooper reportedly declined.

If the woman has no prior record, one option a defense attorney might consider is pleading to the DUI charge in order to have the bribery charged dismissed. However, it sounds like she may have a solid defense to those charges. She did not take a breathalyzer or field sobriety test, the reason for the traffic stop was marginal and a defense attorney may argue the trooper lacked cause to search her vehicle.

Bribery, as defined by FL Statute 838.015, is the act of offering a public servant some money or other benefit in order to influence their job performance or commit an omission that would be in conflict with his or her official duties. As a second-degree felony, as defined under FL Statute 775.082, it is punishable by up to 15 years behind bars.
Continue reading

June 25, 2012

Fort Lauderdale Fraud Cases Can Pit Families Against Each Other

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

An elderly Cuban exile was convicted recently of medicare fraud. The judge tossed the book at him with a five-year prison term – despite the fact that he is 71, in frail health and remorseful.

Fort Lauderdale defense lawyers know that the thing about this case that really attracted media attention was a theme that actually happens quite often in criminal cases: family members were pitted against one another.

In this situation, it was father against son.

While we all want to believe that there are individuals in our lives who we can trust no matter what, the potential threat of hard jail time on charges such as accessory or perjury can be quite compelling. Law enforcement and prosecutors know this well, and will often do anything they can to compel testimony from every possible witness they can – especially those closest to you.

This is an important point to make because often, one of the key mistakes defendants make in criminal cases is to speak to their loved ones about the charges either in jail or while they are on bond. This is bad idea for two reasons:

1. If you’re in jail, any correspondence should not be considered private. Phone calls are recorded and letters can be confiscated as evidence.
2. Even if you are released, prosecutors may find a way to threaten your loved ones with hefty prison terms if they don’t testify against you.

By refusing to discuss the case with anyone except your Fort Lauderdale criminal defense attorney, you are not only protecting your own interests, you may be protecting your family’s as well because you won’t be forcing them into a tight spot.

So what happened here?

According to The Miami Herald, the defendant allegedly stole millions of dollars from the federal government through kickbacks from referrals to several of his local rehabilitation clinics.

Back in 2010, the son, father and a business partner were indicted for reportedly bribing facilities for the elderly and disabled (nursing homes, home health care companies, etc.) for Medicare referrals. In return, they were reportedly paid more than $6 million for services that either weren’t necessary or were not provided. The alleged scheme occurred between 2006 and 2008.

This man’s clinics reportedly accounted for more than $350 million in Medicare claims. To put this in perspective, that is a fourth of all claims for occupational and physical therapy – in the U.S.

The Federal Bureau of Investigation began digging deeper in 2006 with undercover probe. He was overheard at a wedding reception bragging that he would never be arrested because he had been acquitted of similar crimes two decades ago.

Ultimately, the FBI conducted a sting that involved having an agent pose as a patient recruiter. The agent reportedly received a kickback from the father in an exchange that was videotaped.

When word of the investigation reached the father, he reportedly fled out of the country to Costa Rica. His son was offered a plea deal – serve four years for conspiracy to defraud and cooperate with prosecutors, or else face a heftier sentence.

The father’s defense lawyer called this tactic egregious, particularly considering the fact that this testimony would have occurred just before Father’s Day, had the father not ultimately pleaded guilty.
Continue reading

June 4, 2012

Fort Lauderdale Criminal Defense Watch: When Officers Lie

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

In many Fort Lauderdale criminal defense cases, the defendant may face an uphill battle of overcoming the evidence.

That doesn’t mean it’s impossible to win – it just means you need an experienced Fort Lauderdale criminal defense attorney at your side to do it.

Some of that evidence inevitably is going to include the statements and sworn testimony given by law enforcement officers, whom we as a society trust to be unbiased and honest. Unfortunately, as has been proven time and again, that is not always going to be the case – and it wasn’t for one Fort Lauderdale man who was arrested three years ago.

In fact, the breach of trust was so egregious that following an investigation by the Federal Bureau of Investigations, three officers are facing charges.

Here’s what we know of the case, according to The Sun Sentinel:

A 49-year-old Fort Lauderdale man was arrested back in November 2009 after security officers at the Hilton Hotel in Fort Lauderdale said they saw him burglarize the hotel bar and heist several bottles of alcohol – more than $300 worth.

And in fact, the defendant had reportedly been captured on the hotel’s video surveillance breaking into the bar area on several occasions earlier that year.

In the November case, three officers – ages 29, 32 and 43, one sergeant and two detectives – arrested the defendant after reporting a chase that began at the hotel and ended abruptly in a crash in the neighborhood of Rio Vista. All of the officers filed reports regarding what had happened that night, and provided sworn statements to prosecutors.

According to them, the defendant, who was driving his mother’s Cadillac, attempted to run over the two detectives and actually did slam into the sergeant’s vehicle.

As a result, 11 felony charges were filed against the defendant, including assault of two officers, violent resisting of an officer, battery on a law enforcement officer and involvement in the high-speed chase.

As it turns out, the incident likely did not unfold as the officers had attested that it did.

In fact, prosecutors have now dropped five of those felony charges, although they aren’t saying exactly why, citing the ongoing federal investigation involving the officers, who have been suspended without pay and face charges of official misconduct, perjury, falsifying records and conspiring to commit official misconduct.

The defendant’s mug shot illustrates severe facial injuries. The public defender representing the man said his client was beaten by the officers, who then conspired to lie about their unlawful acts. The officers had said they had to fight him in order to take him into custody after the crash.

It’s possible these officers believed the defendant would be an easy target. After all, he had previous convictions for drugs, grand theft and burglary. He is in jail now not only for the bar burglary and grand theft, but also for reportedly attempting to run down a security guard. He likely was not seen as the most credible witness – particularly when you had three officers testifying against him.

The defendant had maintained, even in correspondence to local media, that the incident did not happen as the officers had explained. But who would believe him?

It’s not clear how the truth eventually came to light. The officers deny the allegations.

Interestingly, two of the officers have also been linked to another criminal case involving Fort Lauderdale police officers. In that case, two officers were arrested on charges of kidnapping and stealing from a suspect they had arrested. While it wasn’t believed the two embroiled in this controversy actually had anything to do with the crime itself, it is believed they may have provided false statements in their defense.

The bottom line is this:

There are good police officers. There are bad police officers.

When you come across one or more of the bad ones, you need a skilled Fort Lauderdale defense attorney to defend your rights and expose the truth.
Continue reading

May 1, 2012

Fort Lauderdale Assault: Is Intoxication a Defense?

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

A Fort Lauderdale assault case is raising the question of whether intoxication is a valid defense for a crime under Florida law.

Fort Lauderdale assault defense attorneys know that, certainly, drugs or alcohol abuse are factors in many crimes. But does it matter whether a person is too drunk or drugged to know that their actions are wrong?

Before we answer that, let’s look at the case in question.

According to The Sun-Sentinel, a Connecticut man is accused of getting into a bar fight in Fort Lauderdale, which resulted in the defendant reportedly biting off the ear of the alleged victim.

Reports indicate that the 29-year-old defendant had been drinking at the bar for about five hours straight. He was belligerent, and started an argument with a stranger who was walking by.

In a video posted to YouTube, the victim is seen attempting to calmly walk away. The defendant charges at him and bites his ear, causing it to become severed from his head. Doctors were not able to reattach it.

The men continued to brawl until an officer broke it up.

The intoxicated man was arrested on charges of assault, a second-degree misdemeanor under FL Statute 784.011, and aggravated battery, which is a second-degree felony under FL Statute 784.045, punishable by up to 15 years in prison.

The ear-biter’s Fort Lauderdale defense attorney has said that his client remembers none of the incident. He was reportedly so intoxicated that he has no recollection of it whatsoever. His attorney also said his client has expressed remorse, and because he does not remember the incident, can offer no motive.

But does the fact that he was so drunk that he had no intent to harm the individual matter?

No. Not likely in this case, anyway.

Prior to 1999, it would have been a valid defense for certain crimes where intent was critical to proving guilt.

But now, under FL Statute 775.051, voluntary intoxication is not a defense. Voluntary intoxication is described as a state of intoxication which was voluntarily brought about. That means that you intentionally consumed alcohol or drugs. Whether or not you intended to become intoxicated, the court believes you knew that to be a risk when you consumed those items, and therefore, you are still considered liable for whatever actions you take after that.

However, just like in English grammar, there are always exceptions.

The exception would be involuntary intoxication. This would be a state of intoxication which can generally be described as having been brought about by the lawful or prescribed consumption of a substance by your doctor that rendered you legally insane. This was decided by the state’s district court of appeals in Miller v. State back in 1995.

So for example, if you are prescribed a drug by your doctor – a drug that you use in accordance with that prescription – and it can be proven that you became unintentionally intoxicated as a result, this can be used as a defense. Now, if you take your legal prescription and the effects are compounded by alcohol consumption, you may lose that legal footing.

It’s important to note that each case is unique, which is why it’s critical to consult with a Fort Lauderdale Assault attorney who can help you explore all possible defenses.
Continue reading

April 27, 2012

Coral Gables DUI Manslaughter Defense: Don’t Speak to Media

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

A Coral Gables DUI manslaughter defense team has advised a recently-released client not to speak to the media about the alleged incident, which resulted in the death of a 13-year-old girl.

Coral Gables DUI manslaughter defense attorneys know this is a smart move, especially when an incident involves media coverage – which is likely to happen anytime a crash results in a death.

It’s important because while you may feel the need to defend yourself in the court of public opinion, where half-truths or flat-out falsehoods may be printed, what you say to a reporter can end up having a negative effect on your criminal case – and that is where all the facts are supposed to come out. If there is negative publicity, you need to let your experienced Coral Gables DUI manslaughter attorney handle it. He or she will know how to defend you – if it’s necessary – without saying anything that could jeopardize your defense in the proceedings.

In this case, the 38-year-old defendant was reportedly driving his girlfriend’s sport utility vehicle on the U.S. 1 busway on April 13 and struck a minvan carrying a family. By some estimates, he was traveling at speeds of over 100 miles per hour. The impact of the crash is said to have ripped the minivan apart.

The SUV driver reportedly tried to keep going, though his vehicle was damaged. He eventually left his vehicle and allegedly started fleeing on foot. He was soon stopped by police.

The 13-year-old girl, who had been asleep in the back seat, was declared dead at the hospital.

In addition to the media picking up the story, the girl’s 16-year-old sister posted a video on YouTube, asking supporters to sign a petition and show up at the courthouse for an upcoming bond hearing.

People responded, and about 250 were there when the driver was granted a bond that exceeded $200,000. That response from the community is likely part of the reason why the judge imparted such a high bond. It was originally set at $1 million. Normally in case of Coral Gables DUI manslaughter, as defined under FL Statute 316.193, the bond is set around $45,000.

Officers who escorted him in the courtroom for his hearing wore vests that were bullet-proof. He was using a walker.

Prior to the judge granting a lesser bond, the defendant’s parents were grilled on their finances and connection to their native Nicaragua. Prosecutors in the case have argued that he may be a flight risk. So now, his passport has been surrendered – as well as his parents’ passports – and he is on house arrest while he awaits trial. That means he must wear a GPS monitoring device, and is not allowed to leave his house for any reason other than doctor or lawyer visits. He also is not allowed to drive or drink any alcoholic beverages.

Outside his parents’ home, media gathered in front as he returned. When reporters tried to approach him, he collapsed. His lawyer has said this was a result of the injuries he sustained, which include broken ribs, a collapsed lung and a punctured liver.

His attorney later told reporters that the defendant will have nothing to say and that he has “forbidden him from opening his mouth.”

If you have been involved in a DUI manslaughter case and have not yet hired an attorney, you should practice this advice in the interim.
Continue reading

April 20, 2012

Fort Lauderdale Fraud or Religious Freedom?

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

Is it Fort Lauderdale fraud or is it an issue of religious freedom?

Fort Lauderdale criminal defense attorneys are closely watching the case involving a family of Roma, fortune-telling gypsies who are accused of defrauding their clientele of some $40 million.

Prosecutors say that the family preyed on clients when they were enduring some of the lowest points in their lives. The indictment spells out the charges, which indicate that the family offered psychic services and “healing” at their Fort Lauderdale shop. The women reportedly told their clients that they could cure diseases, tell the future and ward off bad spirits from bodies and homes, as well as cleans souls and remove curses. They did all this in exchange for jewelry, money and other valuables.

Lawyers for the federal government say this alone wouldn’t be illegal except that the family took valuables, promised to cleanse spirits and remove curses and then give back the items. However, the items were not returned.

Federal agents reportedly seized some $2 million worth of valuables at the home, which included a plush home, luxury cars and gold coins.

However, the family’s Fort Lauderdale defense attorney is arguing that the family’s practice involves rights that are constitutionally protected. Namely, fortune-telling is considered free speech under the First Amendment, and that spiritual healing involves religious freedom.

Defense attorneys are also aiming to sway the federal judge to drop the charges prior to the November trial, underscoring that the Roma have been the subject of much discrimination and even persecution – particularly during the Holocaust, when they were one of the groups who were victims of genocide by the Nazi’s.

In a lengthy document that argues the religious rights of his client, one of the defense attorneys in the case has said his 42-year-old client has aimed to do nothing but help people in accordance with her personally-held beliefs. He said that a court injunction that bars her and the other eight family members from practicing fortune-telling or spiritual healing leading up to the trial has not only cost them their livelihood, it has meant they have been unable to practice their religious beliefs.

In interviews with investigators, his client often talked about religion, the reading of numbers, spirits and God. She essentially believes that she has the power to communicate with spirits – both good and evil. Within the Roma culture, she is reportedly considered to be a highly-regarded healer.

It remains to be seen whether those arguments will hold weight.

One of the victims interviewed by prosecutors said she was encouraged to attend twice-weekly healing and meditation sessions, and was told any money that she contributed for this would be returned three times over. However, that money was never returned.

The defense attorneys are aiming to show that the Establishment Clause of the constitution guarantees this family’s right to practice their beliefs – even if, as courts have previously ruled, that those beliefs aren’t held to be acceptable, logical or consistent to others.

Additionally, accepting money for services is routinely done in other mainstream religions. Think about the offering plate that is passed around at Christian services. These payments for psychic services, the defense attorneys say, were no different.
Continue reading

April 15, 2012

Fort Lauderdale Drug Crime Sentences Hurt by Gov. Scott Veto

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

Those requiring a Fort Lauderdale drug crime defense have been negatively impacted by a stunning veto by Gov. Rick Scott that would have allowed the chance for treatment, rather than extended prison time.

Fort Lauderdale drug crime attorneys are disappointed by the governor’s decision, which even according to The Miami Herald editorial board, defied common sense.

This was a bi-partisan bill with the support of both Republicans and Democrats in the House and Senate. In fact, 152 of 156 lawmakers backed the measure – which, given the intense rivalry on both sides is truly noteworthy.

The bill would have allowed people with drug abuse problems who had committed non-violent crimes to enter into a drug treatment program after they finished half of their original sentence.

Gov. Rick Scott said this would be an affront to victims and an unnecessary exception to Florida’s 85 percent rule, which mandates that prisoners must serve 85 percent of their sentences before they are eligible for release.

However, this was not a situation in which these individuals would have been simply free. They would have remained under intensive supervision and also would have had to toe the line on a host of conditions, which would have included enrollment in career preparation and education programs. Getting into the program, too, would not have been a cakewalk. It would have required the rubber stamp of the judge who sentenced him or her, and they would have remained on probation even after completion.

The Republican sponsor of the bill, Sen. Ellyn Bogdanoff from Fort Lauderdale, said she was profoundly disappointed in the governor’s political move – which frankly, doesn’t even make a whole lot of political sense, given the support it had thus far received. She countered his argument that this was a public safety issue by asserting that these would be strictly non-violent offenders. So we’re not talking about rapists and murderers here. We’re talking about individuals who have a problem and need help.

The governor said that the 40-year low in the state’s crime rate could be attributed to tough sentencing laws. The fact is, however, that other states that less harsh sentencing standards are also seeing a decrease in crime rates – so that argument doesn’t hold weight either.

Cost wouldn’t have been an issue because the program would have been paid for with funds from the existing budget – although it’s been proven that a number of drug treatment programs are actually cheaper than prison.

And it’s not as if these individuals were never going to be released. They would eventually be back out on the streets one way or the other. Why not decrease their chances that they’ll end up incarcerated again by giving them a chance to rebuild their lives?

The truth of the matter is, when you allow a person the opportunity to obtain treatment, you’re decreasing the risk of re-offending – which ultimately saves taxpayers money and is better for society as a whole.

Considering that drug crimes account for more than 26 percent of the inmates in Florida prisons – not to mention that drug abuse is likely to blame for a host of other property crimes and violent crimes – this would have been a win for everyone.

While this veto is a major let-down, it just further underscores the immense importance of securing a skilled Fort Lauderdale criminal defense attorney if you are accused of a crime.
Continue reading

April 9, 2012

Miami Drug Trafficking Suspect Caught After 22 Years

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

After more than two decades on the run, a man convicted of Miami drug trafficking has been arrested in Ecuador, after he himself was the victim of a crime.

Miami drug trafficking defense attorneys understand that much changes in two decades – witnesses’ memories fade or they die, new laws are passed and sometimes repealed, and technology races ahead. If there is a large lapse between the time a crime was committed and a trial, any one of these factors can have an impact on your case – some in your favor, others not.

It’s important that regardless of the circumstances, you have an attorney who is prepared to address these issues.

Reporters noted that in this case, the judge and attorneys from both sides had to spend time researching what the laws were in 1990, when the suspect fled on the eve of closing arguments in his criminal trial for conspiracy to import cocaine. They had to read over type-written paperwork and will need to pull more files from an archive system, which they will have to scan into the updated computerized database.

Here’s what we know of what led them to that point:

The now-50-year-old suspect was reportedly working with some 12 others in a scheme to import a large shipment of cocaine into Miami from Columbia. Their plan was foiled, though, in the fall of 1989 when Coast Guard crews saw the bales of drugs floating in the ocean near a freighter.

The suspect, along with the dozen others, was arrested and put on trial. On the day of closing arguments, he fled to Ecuador. He was convicted on the conspiracy charge, but not on the actual trafficking charge.

The Miami native lived on the run for 22 years, working in construction and having a child with his common-law wife in Ecuador.

He was only arrested after his car was broken into and his wallet stolen. When he went to get a replacement license, he was stopped at a checkpoint where authorities were checking driving documents. He was arrested for carrying no current identification papers. He was then turned over to immigration authorities, who then extradited him to Miami to face his original charges.

In a plea agreement, he pleaded guilty to jumping bond, for which he could face 10 years. On the cocaine conspiracy charge, he faces another 10 years to life. These terms would have to be served consecutively.

His family, who lost a house and $75,000 they had posted for his bond on the original charges, say they have always believed he was not treated fairly in the original trial.

In Florida, drug trafficking definitions and penalties are laid out in FL Statute 893.135. Essentially, you can be charged with drug trafficking if you sell, buy, make, transport or bring into the state a variety of different drugs, including marijuana, cocaine, heroin or illegal pain medications.

The charge of trafficking, as opposed to possession, typically depends on the amount of drug you are caught with, and whether it appears it was intended for sale or personal use.
Continue reading