Fort Lauderdale Criminal Attorney Blog

July 25, 2012

Domestic Violence Allegations Require Fort Lauderdale Defense

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

The arrest of a Florida corrections officer on charges that he battered his girlfriend, once again raises the issue of how an arrest – let alone a conviction – can mar a person’s reputation or destroy a career.

Fort Lauderdale criminal defense attorneys understand that this fact is one reason why domestic violence victims don’t come forward. However, it’s equally the case that spouses of those in law enforcement know how much such an allegation can hurt, and often use it as a form of revenge.

Because responding officers frequently feel compelled to take some form of action and they have little to go on except one person’s word against another person’s, domestic violence arrests are often made without a great deal of evidence. Police agencies want to relieve themselves of any liability if something more serious does occur later on, and therefore, someone is most likely going to jail.

Unfortunately, even if an alleged victim later tries to recant their story, a case can sometimes still move forward.

At the very least, a domestic violence arrest is going to put a law enforcement professional’s career on hold. At worst, it can end it. Having an experienced and aggressive defense lawyer is your best bet for a more favorable outcome.

False allegations most typically arise in situations where the couple is embroiled in a break-up or a situation of infidelity. Some men falsely accused of domestic violence may choose not to fight back because they feel it may be somehow deserved due to the way a relationship is ending. This is a mistake, however. Even being a jerk doesn’t make you a criminal, and a conviction on a charge of domestic violence is going to haunt you for the rest of your life – long after you’ve both moved on from one another.

For those in law enforcement or the military, it can mean the end of a career. For anyone convicted, it can me a revocation of their right to own firearms.

Other false allegations may stem from a situation of self-defense. For example, the female half may attack her boyfriend or husband, who then uses reasonable force to fend her off or protect himself. Police may use that as probable cause to arrest the husband. Medical reports, witness statements, physical evidence at the scene and peripheral circumstantial evidence can sometimes be used to combat allegations in these scenarios.

Another element that may work in your favor could be the consumption of alcohol by the alleged victim. It’s not always an effective defense, but there may be some cases in which it can be proven that an alleged victim’s testimony can’t be considered reliable, based on his or her consumption of alcohol or other substances at the time of the incident.

In the recent case of the Florida corrections officer’s arrest, the pair were reportedly staying at a hotel when they became engaged in a verbal argument. The girlfriend left the room and he later told deputies that he followed her.

The pair continued their argument outside. Witnesses said that when the victim attempted to walk away, the corrections officer reportedly yanked her arm to pull her back toward him. This allegedly caused bruising to her arm. She subsequently was able to walk away.

Nearby witnesses contacted police, who arrested the corrections officer on charges of domestic violence battery, as defined in FL Statute 741.28.
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July 20, 2012

More People Fighting Traffic Tickets in Broward, Palm Beach

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

South Florida traffic tickets are becoming less of a commonality these days, according to a recent report by The Sun-Sentinel. But part of the likely reason behind it has to do with the fact that more people are fighting them.

Palm Beach traffic ticket defense attorneys know that in years past, people might have simply paid the ticket because of the hassle, regardless of whether they were actually at fault. However, a sluggish economy has people counting every dime, and they can no longer afford to simply write it off – particularly when they haven’t done anything wrong.

The newspaper reports that the number of Palm Beach County traffic citations dipped to approximately 370,000 last year. That’s a steep decline compared to the nearly 400,000 issued the year before and the more than 430,000 given out in 2008.

It’s the same story in Broward County, where troopers issued about 480,000 traffic citations in 2011 – a dramatic decrease since 2007, when there were nearly 565,000 issued.

Across the state, there were roughly 4.3 million traffic citations issued last year. Contrast that with the 5.2 million handed out five years ago.

Some have speculated that part of this also has to do with the fact that people are simply driving less. That would agree with figures that also show auto accidents are down across the state. Gas prices and overall falling incomes have kept more people at home, shying away from entertainment activities such as shopping or taking vacations.

Theories abound whether less traffic on the road means that people are less likely to engage in risky driving behaviors. Some also surmise that budget cuts to police services have meant fewer officers on the road and that those officers who remain are less likely to give tickets because they know how much a violation could cost someone.

While it’s true that these might all play at least some role, the fact of the matter is that three years ago the state legislature bumped up fines for traveling between 15 and 19 miles over the speed limit from $198 to $233. Most of those are due within a month. At a time when people are struggling to pay basic expenses such as groceries and gas, they’re less likely to simply fork over the cash. And with insurance companies looking for any excuse to jack up your premiums, fighting a ticket is often the best option.

The decision of whether you should fight a traffic ticket should be discussed with your Fort Lauderdale traffic ticket attorney. Some things he or she may consider include:

1. What exactly are you charged with, and what elements of those violations can be proven?

2. Was the officer’s view of what happened obstructed by either stationary objects or other moving vehicles? You could argue that the officer’s line of sight prevented him or her from clearly seeing the alleged events.

3. Is it possible that the officer stopped the wrong vehicle? Particularly in heavy traffic, there is always the possibility that the officer mistook your vehicle for another similar one. You might be able to prove this particularly if there was some sort of curve in the road, a construction project or simply heavier traffic that could have prevented him or her from clearly identifying which vehicle was at fault.

4. Were speed limit or other traffic warning signs not appropriately visible?

Another element that may work in your favor if you choose to fight the ticket is if the officer simply fails to show up to court. Officers miss traffic court appearances all the time, so this is a real possibility that you may consider. In fact, just hiring an attorney to contest the charges is often enough to win a reduction or dismissal.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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