Fort Lauderdale Criminal Attorney Blog

April 5, 2012

Boca Raton DUI Costs Lantana Police Chief His Job

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

Lantana Police Chief Jeff Tyson is a Boca Raton DUI charge.

Boca Raton DUI defense attorneys understand that while the penalties for these charges can be serious no matter what your profession, those in certain career fields are likely to suffer disproportionately.

Law enforcement officers who are arrested for criminal offenses should immediately retain private legal counsel who is familiar not only with the officer’s bill of rights, but also with how to walk the fine line between being cooperative with your employer and not implicating yourself in a criminal action.

Of course, for those who face job-related consequences, beating the charge in court or successfully seeking a reduction or dismissal of the criminal allegations can go a long way toward protecting yourself.

The first course of action you should take if you are arrested for a DUI in Boca Raton is to contact an experienced defense attorney who will handle every aspect of your case from start to finish.

Law enforcement is one of those fields. Officers are held to a higher standard of conduct, and as such, can be sanctioned or fired by their employer for even misdemeanor criminal offenses.

This is particularly true when the officer hold a high-profile position – in this case, the chief. And the professional sanctions in this case happened swifter than most.

Not even a full day had passed since Tyson had been arrested for drunk driving and hit and run, the town manager had fired him. Noted in that termination letter was the violation of five cited rules, which included conduct unbecoming of an employee, whether on or off-duty.

According to The Sun Sentinel, the off-duty chief had been driving an unmarked police vehicle shortly after 1 p.m. on Military Trail. It was at this time that he allegedly rear-ended an unmarked car belonging to a deputy with the Palm Beach County Sheriff’s Office, who was stopped at the traffic signal in front of him.

The off-duty chief then allegedly sped away, but was stopped a short time later. He was apprehended and given a breath test that indicated his blood alcohol level was almost triple the 0.08 that one is legally allowed to have consumed and still get behind the wheel of a vehicle.

The chief then reportedly tried to downplay the incident, saying he had merely “tapped” and “bumped” the other vehicle. He told investigators he had gone to the doctor’s office earlier that morning and then stopped to visit his sons at a local university and high school.

Yet, investigating officers noted that the chief seemed disoriented and smelled like alcohol. He was asked to participate in a field sobriety test, but he refused. Once at the police station, officers tested the chief, and determined his blood alcohol level was somewhere around 0.23.

When they searched his vehicle, investigators reportedly found a cup containing something that appeared to be alcohol.

In the state of Florida, a DUI conviction can net a jail sentence of up to six months, as well as one year of probation, 50 hours of community service, a license revocation, attendance at DUI classes and a $500 fine.
Continue reading

March 19, 2012

Fort Lauderdale Fraud Case Called One of Largest in State History

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

Two brothers are facing a host of Fort Lauderdale fraud charges after allegations have surfaced claiming they conspired to create phony companies to heist some $3 million from health insurance companies.

This reportedly happened while a brother was out on bond, awaiting trial for an alleged $1.25 billion plan to swindle investors.

The case, which has been called one of the biggest schemes in Florida history, had connections to former Gov. Charlie Crist, and ultimately led to a five-year corruption investigation, spearheaded by the U.S. Justice Department.

Our Fort Lauderdale defense attorneys understand that cases like this can be complicated, and truly require a lawyer who is experienced and well-versed in fraud and conspiracy laws.

Here’s what we know so far about these cases, according to The Miami Herald:

The two brothers had been indicted in 2008 on charges of conspiracy, in which investors were reported to have lost some $840 million in fake life insurance policies. Between 1995 and 2004, they had reportedly sold life insurance policies that were held by individuals who were dying of AIDS. They admitted that they fudged the truth to investors when it came to the life expectancy of the policy holders, and they didn’t tell the truth about how risky the plans were.

The year before that, one of the brothers had accused a doctor and key Republican fundraiser in Broward County of essentially blackmailing him for a $400,000 political donation. In exchange, the fundraiser said he could make sure that his friend, then-Gov. Charlie Crist, could make sure to shut down the federal investigation into his company’s dealings.

That’s what sparked the Justice Department investigation, although not much ultimately came of it. The fundraiser pleaded guilty to charges of income tax fraud, after reportedly admitting to diverting hundreds of thousands of dollars in political contributions into his own pocket. He’s now serving a four-year prison sentence. That fundraiser in turn accused a Fort Lauderdale Democratic senator of accepting more than $80,000. That lawmaker has been indicted on tax violations.

Meanwhile, the other brother in this case is facing allegations that he laundered millions through home purchases up north, while hiding assets from federal investigators and deceiving the court-appointed receiver.

So now, the two brothers are accused of yet another scheme, which occurred while they were out on millions of dollars in posted bond. The indictment indicates they created “shell” companies. Through these companies, the brothers reportedly filed applications for group health insurance. These were sent to Cigna, Blue Cross Blue Shield and Assurant. The latter two agreed to provide coverage – which the brothers were not actually qualified to receive. They then submitted some $3 million in claims, including for surgery required by one of the brothers.

Already, 10 brokers, executives and a doctor who worked with the brothers have been convicted. One was even sentenced to 20 years in prison.

The brothers each face long prison sentences and severe fines and restitution payments.
Continue reading

March 12, 2012

Plea Bargain Rights in Fort Lauderdale Addressed in Supreme Court Decision

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

A U.S. Supreme Court decision handed down this month could significantly increase the rights of those accused of a crime in Fort Lauderdale and throughout the country.

Our Fort Lauderdale criminal defense attorneys understand the case stems from two cases – Missouri v. Frye and Lafler v. Cooper – and ultimately expands a defendant’s right to have an effective attorney throughout the process of plea bargaining.

What’s more, the court ruled that if you have an attorney who acts unethically or gives you advice that is obviously wrong, you could be entitled to another shot at a plea bargain.

The opposition in this case had argued that a plea bargain is not constitutionally protected. However, the fact of the matter is that most court cases result in a plea bargain – about 95 percent. What the court ruled – and what Fort Lauderdale criminal defense attorneys can attest to – is that having a skilled attorney to represent you through this process is critical.

The ruling stems from two different cases. The first involved Galin Frye, a college student from Missouri. He had been arrested and charged with a felony after a fourth time reportedly driving on a license that had been revoked. The state had sent a letter to Frye’s attorney, which had offered to reduce the charge to a misdemeanor if he pleaded guilty and served three months in jail. But the lawyer never told his client about that offer. When time ran out, Frye pleaded guilty with no conditions, and was handed a three-year prison sentence – more than 10 times what he would have otherwise served.

In the second case, a man named Anthony Cooper had been charged with assault with intent to commit murder, following a shooting in which a woman was wounded in the buttocks and thigh. State attorneys in this case offered two plea deals, with a recommended prison sentence of between four and seven years. Cooper’s attorney told him to turn down the offer because state law wouldn’t allow an attempted murder conviction if someone was shot below the waist. This was without a doubt false. Cooper went to trial, was convicted and sentenced to decades in prison.

Justice Anthony Kennedy, in explaining the Supreme Court’s decision, described the criminal justice system as “a system of pleas.” Because so many cases are resolved through the plea bargaining process, it is known to play a central role in the system. In fact, a plea bargain will often determine who goes to jail and for how long. Kennedy went on to say that plea bargaining is not some afterthought within the system – rather, it IS the system.

This new ruling means that you have a right to a competent defense attorney every single step of the way through the judicial process. While this ruling will give defendants some measure of relief if they do receive bad legal advice, the better bet is to hire a skilled attorney from the start.
Continue reading

March 5, 2012

Fort Lauderdale Crimes Targeted with “Peacemaker”

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

Local police have purchased a mobile surveillance unit, dubbed “The Peacemaker,” in an effort to reduce crimes in Fort Lauderdale.

The armored surveillance truck is being touted by a police as an effective crime-fighting tool. However, some have countered that it can be used to intimidate innocent people.

What Fort Lauderdale criminal defense attorneys know is this: If law enforcement has the benefit of taxpayer-funded, advanced technology that can be used to aid the prosecution in criminal cases, anyone who is accused of a crime in Fort Lauderdale needs to contact an experienced Fort Lauderdale criminal defense attorney.

According to the Sun-Sentinel, the Fort Lauderdale Police Department’s “Peacemaker” may be the first to debut in South Florida. The department now has two of them – one an old Brink’s bank truck, was purchased in August.

Another, a converted SWAT vehicle, was paid for last month. The bank truck is covered with police logos and signs that say things like, “Whatcha gonna do when we come for you?” It is equipped with a number of cameras that can record for up to 700 hours that can stream live back to police headquarters for 24-7 surveillance. Officers park it out in front of what they dub as high-crime areas, and say it is a major deterrent for criminal activity. Often, the vehicles are unmanned.

While some residents have applauded the presence of the vehicle, others, like one local motel owner, was quoted in the paper as saying the vehicle was essentially a form of harassment. The hotel owner was arrested in October in a prostitution case, which is still pending, but says she is innocent. She said both the city and police have tried everything to shut her down, but have been unsuccessful because she’s doing nothing illegal.

“Now, they bring this truck to intimidate me and my customers,” she said.

One of her neighbors shared the same sentiment, saying police exited the Peacemaker recently to question a group of young men, one of whom was ultimately charged with loitering.

“We can’t sit outside without being harassed,” he said. “Now we have that truck. Most of us are not doing anything wrong.”

Police say if people are abiding by the law, the truck shouldn’t be a concern, and that it has already alleviated certain neighborhoods from rashes of burglaries and robberies. They counter that every time a person walks down the street, they are watched by up to 30 private cameras owned by businesses. The difference, Attorney Richard Ansara notes, is that those cameras aren’t funded by the government for use in criminal cases.

While the Peacemaker in Fort Lauderdale is likely the first in Florida, that may not last long. A spokesman for the Palm Beach County Sheriff’s Office said while it may not be in the immediate budget, it is something he hopes the agency could deploy sometime soon.

Other agencies that have used in-vehicle cameras in the U.S. include:

— Police in Peoria, Ill. are using an old Brink’s truck they call the Armadillo; They have even added an Armadillo Two.

–Police in Green Bay, Wis., are also using an armored surveillance vehicle, though the name of it is unclear;

–Lafayette, La. police have employed a Crime Suppression Surveillance Vehicle, which they also call an Armadillo;

–St. Louis Metro Police have an armored car that is also equipped with such things at ballistic headlights, and it has the ability to provide live 360-degree of surveillance of several square blocks.
Continue reading

February 29, 2012

Murder at South Florida Nightclubs Alleged to be a Growing Problem

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

Murders at nightclubs in South Florida are becoming more commonplace, according to a new report by the Palm Beach Post.

Fort Lauderdale criminal defense attorneys know that when it comes to prosecuting someone for a murder charge in South Florida, a case must be airtight. Murder is the most serious crime on the books, and punishment can be severe – up to and including the death penalty in Florida.

But when a shooting or stabbing or some other assault is alleged to have occurred at a night club, there are specific challenges, particularly with regard to witnesses.

The newspaper reports that in 2011, there were at least nine shootings inside South Florida nightclubs, more than double that of 2010. Within the past 10 years, 20 people have been killed in nightclubs. Within that decade, Broward had the most gun deaths – 13, including one that was a suicide. Another 42 people were hurt by stray bullets in the last 10 years, some of those with injuries that were life-threatening, though they ultimately survived.

With regard to knife injuries, five people were stabbed to death in South Florida nightclubs over the last 10 years. Four of those instances happened in Broward and one in Palm Beach County. One instance last year involved a man who officers said was so livid over a bar tab that he stabbed one man to death and cut four others at Fishtales in Fort Lauderdale.

Broward Sheriff Al Lamberti was quoted as saying that nightclub fatalities are on the rise. Reports indicate that all of the alleged shooters and most of the alleged victims were males, with the exception of one 17-year-old girl who was shot when a group of men fired into a crowd at a West Palm Beach bar.

One would think that when a crime is alleged to have occurred amid a crowd of people, the perpetrator would be easy to identify. But when a nightclub is the crime scene, Fort Lauderdale criminal defense attorneys know that witness accuracy may be called into question.

First, you have an atmosphere that is dark and loud. The strobe lights are flashing and the bass is pumping hard, drowning out much of the conversation. This is often why people flock to the club – but it is also going to impact the ability of any potential witnesses to accurately recount how events transpired. Patrons may not have clearly seen or heard how a situation unfolded. This is often the case with assault charges in Fort Lauderdale and other more common nightclub crimes.

Also, night club owners often jam-pack their venues for an optimum nightly payout. What that means, though, is that even if someone is standing or dancing just a few feet away, they may not actually see or hear what is going on a few steps behind them.

Another important factor to consider is whether any potential witnesses have been drinking. Alcohol can fog a person’s recollection, and make events seem fuzzy or unclear. It’s important for law enforcement to accurately record how much witnesses had been drinking at the time they provided their statements.

Each element must be carefully weighed by a Fort Lauderdale criminal defense attorney who is prepared to fight for you.
Continue reading

January 28, 2012

Miami Drug Case Makes Its Way to U.S. Supreme Court

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

A significant drug case out of Miami has gone through the Florida Supreme Court and now will be tested by the U.S. Supreme Court, which will determine if drug-sniffing dogs can be used to detect marijuana, the Los Angeles Times reports.

Fort Lauderdale drug cases can range from a misdemeanor possession case to a felony trafficking case. Charges can range from months in jail to decades in prison, depending on the type of drug, quantity, location of where it was found and other factors.

An experienced Fort Lauderdale criminal defense lawyer will tell you that these cases often come down to whether police have probable cause to conduct a search. People who get arrested for these offenses typically are arrested after a stop in their vehicle or in their home after an extensive investigation.

In both scenarios, police must have a reason to investigate the drug crime. They must have a search warrant to get into a person’s house and sometimes even into their vehicle. This requires an officer to get a judge to sign off on a warrant after they’ve provided evidence that they should be able to do a search.

And that’s what this case comes down to. A Miami man was convicted of growing marijuana illegally at his home. Officers got a tip that this was going on and took a drug-sniffing dog to the man’s house. The dog, through its training, indicated there was an odor of marijuana coming from inside the house. Based on that information, police got a search warrant from a judge and busted in, finding 179 marijuana plants inside.

But the case was appealed after the man was convicted. Florida’s justices threw out the evidence against the man, saying that dog sniff tests shouldn’t be allowed at the home of any citizen unless the police had probable cause. Florida prosecutors, however, contend that dogs sniffing for drugs don’t constitute a “search.”

Eighteen states have supported the appeal to the nation’s high court. The Times reports that it usually sides with police in major cases. In a 2011 case, justices ruled that officers in Kentucky didn’t have time to obtain a search warrant and were justified when they broke into house after smelling marijuana. But the justices rejected law enforcement officers’ use of thermal imagers, which can detect marijuana-growing operations from the outside, as a privacy issue.

The case should be heard in April with an expected ruling being issued sometime in June. This will be a major case for drug cases in Fort Lauderdale because it will determine how police can use these drug-sniffing dogs, which have come under scrutiny as unreliable. Fort Lauderdale criminal defense attorneys will certainly be watching to see how this case is argued and what facts are presented to show that drug-sniffing dogs are legitimately trained and why the state thinks they can just take a dog up to a person’s house to seek criminal actions against residents.
Continue reading

January 19, 2012

Marco Rubio Staffer Charged in Florida Domestic Violence Incident

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

A staffer for Florida Senator Marco Rubio was recently arrested and charged with a domestic violence incident in Fort Myers, leading to the man quitting his job, the Associated Press reports.

This incident brings up some key points for people who find themselves dealing with a Fort Lauderdale domestic violence incident. Fighting at home can be caused by excessive use of alcohol or abuse of drugs and can create major problems for both the aggressor an the victim.

Fort Lauderdale criminal defense attorneys recognize that while an arrest can be a difficult thing to defend when dealing with domestic violence, other aspects of this situation can be a problem as well.

What this refers to is a restraining order. Unfortunately, these are somewhat easy to obtain and can put a person labeled as an “aggressor” in these types of cases through the ringer. The Broward County Sheriff’s Office makes it clear that a restraining order is as easy to going to the courthouse with the proper paperwork between 8:30 a.m. and 5 p.m.

A temporary protective order is usually granted first. All that takes is for a person to convince a judge they are in some type of danger. These orders are temporary, but can cause major distractions while active. For couples who live together and have children together, these can cause parents to not be able to see their children or spouses or have to live somewhere else while the order is in place.

A violation of an order can be punished as a criminal offense, even if there is no initial criminal report taken by police officers or sheriff’s deputies. Florida Statutes 741.31, which governs domestic violence situations, tells residents how to obtain an injunction for protection against domestic violence.

But a temporary order is designed to be just that — temporary. Once that is ordered by a judge, the person it is against receives a copy and has the right to a hearing to contest it. It is strongly advised that this person gets legal representation.

Requesting a hearing is well within a person’s rights and he or she should ensure that an experienced Fort Lauderdale criminal defense lawyer is by his or her side at this type of hearing. A permanent order against a person can lead to him or her being shut out of their own home or being banned from seeing family members. A slip-up, even if unintentional, can lead to an arrest. It can be a slippery slope.

In the incident in Fort Myers, the regional director for Rubio in Southwest Florida resigned after initially being placed on administrative leave pending an investigation. Deputies went to the couple’s apartment after the man’s wife called 911 and then hung up. When they arrived, they found the woman’s elbow was swollen and bloody and she was visibly upset.

She told deputies her husband pushed her, causing her to fall on top of a carpet in the garage. He then allegedly rolled her into the carpet and kicked and punched it with her inside. She said she unrolled herself and confronted him. The man allegedly then pushed her against the wall, causing the elbow injury.

Deputies arrested the man at a nearby hotel and charged him with domestic violence battery, despite his wife not wishing to press charges and refusing to get medical treatment. The man’s attorney told the media the allegations are false and that the man and a witness whom she would not name can contradict the police report.
Continue reading

January 12, 2012

Detroit Tigers’ Miguel Cabrera Avoids Jail Time in South Florida DUI

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

All-Star first baseman Miguel Cabrera, who was arrested last year and charged with DUI, recently avoided jail time after entering a no contest plea in connection with a 2011 arrest, the Detroit Free Press is reporting.

DUI in Fort Lauderdale is typically charged as a misdemeanor, which some people mistake for a minor charge. But Fort Lauderdale DUI defense lawyers have seen how a conviction can rip apart a person’s life.

It can kill careers or make qualifying for certain jobs difficult. Some estimates put the cost of a DUI at more than $10,000 after paying the fines and fees, educational classes, bond to get out of jail the first night, towing and impound lot fees and other expenses related to the conviction. This can cause significant financial strain.

And there’s also the stigma attached to such a charge. Newspaper and television news stations are interested today in embarrassing people who get arrested by posting their jail mug shots on their websites. Sadly, these photos can stay online forever, which can damage a person’s reputation. This can lead to family problems as well.

This is why the only way to handle these charges is with an aggressive defense. In Florida, a defendant can face major sanctions, even for a first offense:

-Up to 1 year of probation
-Up to 6 months of jail time
-Mandatory 50 hours of community service
-Up to $1,000 in fines, unless blood-alcohol level is 0.15 or higher, then up to $2,000
-10 days of vehicle impound
-Minimum 180 days driver’s license revocation
-Completion of DUI School

Anyone who thinks these are minor sanctions isn’t paying attention. These can make a person’s life difficult. And while it will still show up on a his record, Cabrera’s recent plea has kept him out of jail.

The professional baseball player was charged last February after police pulled to the side of the road in Fort Pierce to check on his Land Rover, which was on the side of the road and Cabrera was standing next to it. Police said he started drinking from an open bottle of Scotch.

He faced several charges, including DUI and resisting arrest. As part of a plea deal, he was sentenced to one year on probation, lost his driver’s license for six months, had to pay fines and fees, has to serve 50 hours of community service and must attend DUI school and a victim impact panel.

Some may see avoiding jail time as a major victory or a celebrity “getting off easy.” But consider what you would do if you had to complete 50 hours of community service and live for six months without a driver’s license. Those are significant hardships that the average person must take into account. So, while DUI arrests are on the decline in the United States, police are thirsty to make as many arrests as possible to show the public they are doing a good job. That’s why the average citizen driver must employ a strong defense in any DUI case.
Continue reading

January 5, 2012

FDLE Employees Were Paid to Get Drunk, Test Breathalyzers For Ft. Lauderdale DUI Cases

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

Reports out of Sarasota suggest that the state’s version of the FBI, the Florida Department of Law Enforcement, paid its employees recently to get drunk and test the Intoxilyzer 8000 breath test machine in order to use it in the prosecution of thousands of Fort Lauderdale DUI cases.

Fort Lauderdale DUI defense lawyers have become more and more skeptical of breath testing machines as evidence has come out that they are faulty. Lawyers have been able to get judges to write orders allowing them to see how the breath testing machines are manufactured.

This is because DUI cases are the only kind in Florida where the defendant isn’t currently allowed to see how a key piece of evidence works. In murder cases, defendants get to see how blood evidence is collected and tested and those witnesses are available for questioning. In burglary cases, the defense is provided with information about who collected fingerprint evidence and how it was processed.

But in Fort Lauderdale DUI cases, until now, defendants weren’t able to see the workings of breathalyzers, the machines that law enforcement relies upon heavily for arrests and convictions for driving under the influence. This has recently changed, but these machines are still coming under fire.

The Herald-Tribune in Sarasota has been reporting for months how experts testing these machines have seen that they work improperly. In many cases, defendants blew up to 12 liters of breath into the machine, though the human lung can only hold five liters of breath. That called into question hundreds of cases that prosecutors and judges tossed out.

And in Florida, FDLE only allows one type of breathalyzer to be used. And now that it has been questioned as potentially faulty, this raises questions about the thousands of DUI cases throughout the state, including in Fort Lauderdale. Current cases should be examined, as should past cases.

In the most recent news, the newspaper reports that FDLE bought about $300 of booze, snacks and mixers and allowed their employees to get drunk on company time in order to test the devices. The workers were told to drink and then blow into the machines. Their blood was also drawn and sent off to a lab, bringing the taxpayer tab to about $8,000.

FDLE employees testified about the results in a Sarasota courtroom recently in order to try to save the Intoxilyzer 8000 from being shelved statewide. But judges were skeptical because the blood tests have not yet been returned from the lab. DUI defense lawyers questioned the validity of the study since it was highly unscientific.

Fort Lauderdale DUI defense lawyers believe this is a last-ditch effort by the state to convince judges that these machines, which have already been proven to be faulty, are accurate. As more and more pressure is put on the state to replace these machines or ensure somehow they are accurate, it’s possible that cases will be dropped or police will be reluctant to use these as their main piece of evidence.
Continue reading

June 13, 2011

Hollywood Police Department Fires 13 Officers

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

It appears as though the Hollywood City Commission has made some tough decisions at the commission meeting today. Thirteen Hollywood Police Officers have been terminated as well as imposing a ten percent pay cut for all other remaining officers. Additionally, it appears as though the City Commission cut their own salaries by ten percent. Needless to say, the budget cuts come after the City Commission learned that it faced a $10 million dollar budget shortfall rather than the anticipated $8.5 million shortfall.

It has been alleged by the Police and Firefighter Unions that the City Commission has engaged in unlawful negotiations by failing to provide any documentation showing a “financial urgency.”
According to Stephanie Szeto, a Hollywood resident and Police Officer; “we don’t have enough police officers and its getting to be a dangerous city.”

There are many dangers associated with reducing any police force. The obvious danger is that crime may rise due to less police presence. Additionally, without the proper amount of police officers, it is reasonable to conclude that criminal investigations may suffer due to lack of resources. This is especially troubling in cases where a proper investigation would have lead investigators to find evidence of innocence rather than guilt.
Continue reading