Fort Lauderdale Criminal Attorney Blog

April 8, 2009

Fort Lauderdale Judge Frees UBS Client on $12 Million Bond

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

A Florida judge on Wednesday ordered the release on a $12 million bond of an accountant charged with tax evasion in the first prosecution of wealthy U.S. clients of Swiss bank UBS. Steven Michael Rubinstein, who worked for a company in the yacht-building business, was arrested and charged last week with filing a false tax return by failing to disclose the account he controlled at UBS, Switzerland’s largest bank.

U.S. authorities have said there will be other tax evasion prosecutions against American clients of UBS as they wage a legal battle with the Swiss bank to try to force it to give up the names of tens of thousands of Americans suspected of cheating the U.S. government by concealing accounts abroad.

Tax evasion is not considered a crime in Switzerland.

ANSARA RESPONDS
Should this legal battle result in a victory for the United States Government, expect a wave of criminal prosecutions for tax evasion amoung America’s wealthiest.
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April 2, 2009

Broward County DUI Cop Now Charged with Battery

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

A Broward sheriff’s deputy has been charged — and has resigned from his job — after two women reported that he touched them inappropriately after traffic stops last year.

Authorities on Monday charged Charles E. Grady, 39, a deputy for nearly 12 years, with two counts of misdemeanor battery. In addition, prosecutors revealed they have already reduced or dropped charges in dozens of cases in which Grady was involved.

Grady resigned Wednesday. He had been suspended since the allegations were brought to BSO in December, the agency said.

BSO said that Grady had ”inappropriate contact” with two women. Court records state that the first incident happened on Sept. 19 and the second on Dec. 19. Both are alleged to have occurred as part of traffic stops.

ANSARA RESPONDS
Broward County DUI Deputy Charles E. Grady has been charged with two counts of misdemeanor battery. Let me explain what needs to occur in order for an individual to be charged with criminal battery in Florida.
Florida Statute 784.03 states that a battery occurs when a person 1) actually and intentionally touches or strikes another person against the will of the other; or 2) Intentionally causes bodily harm to another person.

March 9, 2009

Plantation Police Oppose New Drug Testing Policy

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

plantation%20police.jpg PLANTATION – Leaders of the city’s police union want to change their contract so officers won’t have to take drug tests without knowing who accused them of abusing drugs.

“I could go to a pay phone right now and say, ‘Officer X is taking drugs?’ ” said Michael Hanlon, president of the police union. Under current rules, the department could force that officer to take a drug test.

“That’s just absolutely unacceptable,” he said. “They don’t have to even provide proof the confidential informant exists.”

ANSARA RESPONDS
It is no secret that drug abuse can occur even within law enforcement. It appears that the Plantation Police Department is grumbling because under these new rules police officers may be drug tested should a “confidential informant” report drug abuse by an officer.

I believe that law enforcement must be held to a higher standard. Law enforcement officers hold extreme power and this fact should not be overlooked. This new policy simply makes more sense than random testing. If an officer has a problem getting drug tested than maybe this is the wrong profession to be in. Why should a police agency have to show an officer “proof” that a confidential informant exist? Last time I checked I am pretty sure that police officers worked for the police agency; not vice versa.

This new policy will allow any individual or perhaps even another officer to anonymously confront an officer’s possible drug use without fear of retaliation. It is no secret that drug abuse among law enforcement officers does in fact occur. Now we have a better policy to address it. Let’s hope the Plantation Police Department does the right thing and ultimately adopts this new policy.

February 24, 2009

Boca Raton woman charged with negligent manslaughter after killing 2

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

BOCA RATON – Florida Highway Patrol charged a 20-year-old Boca Raton woman with two counts of negligent manslaughter and drunken driving relating to a fatal car accident that killed two people.
Daniela Torres was arrested Monday afternoon following a six-month investigation into the crash, which happened on Interstate 95 near Palmetto Park Road in August.

Torres was on her way home from work at a restaurant in Fort Lauderdale and driving about 85 mph when she changed lanes and rear-ended a slower-moving sedan driven by James Andrew Carr, 42. Torres’ Saab pushed the sedan onto a grass shoulder, and it overturned. Carr and passengers Deborah Peterson, 44, and Calvin Braggs were ejected. Carr and Peterson were killed. A witness said she was weaving from the outside lane to the center lane when she hit the sedan.

February 16, 2009

Fort Lauderdale Judge Frees ex-Yankee Jim Leyritz in Fatal DUI Case

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

Former Yankee Jim Leyritz caught a legal break Tuesday when a Broward circuit judge released him from jail.

Leyritz, facing DUI manslaughter charges stemming from the December 2007 crash that killed Fredia Veitch, 30, in Fort Lauderdale. A court-ordered monitoring device showed he drove four times with alcohol in his system since September, a violation of his bond.

Attorneys agreed in court this week that Leyritz should be released from jail because of a technicality that voided the warrant for his arrest that had been signed by Broward Circuit Judge Marc Gold.
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February 2, 2009

Michael Phelps smokes Marijuana: Effects felt in Fort Lauderdale

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

Michael Phelps embarrassed himself again after a triumphant Olympics, this time getting his picture snapped as he inhaled from a marijuana pipe. The photo wound up in a British tabloid Sunday, forcing Phelps to publicly apologize and his handlers to deal with sponsors who are surely none too pleased about the swimmer’s choices away from the pool.

“I engaged in behavior which was regrettable and demonstrated bad judgment,” Phelps said in the statement released by one of his agents. “I’m 23 years old and despite the successes I’ve had in the pool, I acted in a youthful and inappropriate way, not in a manner people have come to expect from me. For this, I am sorry. I promise my fans and the public it will not happen again.”

December 25, 2008

The Law Office of Richard Ansara, P.A. makes the Sun-Sentinel best of 2008

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

I am pleased to announce that the Law Office of Richard Ansara, P.A. has been featured in the Sun-Sentinel 2008 South Florida Highlights.

If you would like to view the South Florida Sun-Sentinel “Best of 2008” please click here.

If you would like to speak with attorney Richard Ansara please visit www.ansaralaw.com.

December 22, 2008

Are Florida Cops Abusing the “Move Over” Law F.S. 316.126?

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

Florida’s “Move Over” law states in part:

316.126 Operation of vehicles and actions of pedestrians on approach of authorized emergency vehicle.–

(b) When an authorized emergency vehicle making use of any visual signals is parked or a wrecker displaying amber rotating or flashing lights is performing a recovery or loading on the roadside, the driver of every other vehicle, as soon as it is safe:

1. Shall vacate the lane closest to the emergency vehicle or wrecker when driving on an interstate highway or other highway with two or more lanes traveling in the direction of the emergency vehicle or wrecker, except when otherwise directed by a law enforcement officer.

ANSARA RESPONDS

This law was enacted with the intent to do one simple thing; prevent Florida law enforcement from being hurt or killed by oncoming vehicles while on a traffic stop. However, critics of the Florida “Move Over” law are alleging that the Move Over law is being abused by Florida Law Enforcement.

It has been referred to as the “Move Over Trap”. An officer will wait on the side of the road with his lights on simply to use the Move Over law as justification to conduct a traffic stop. Florida law enforcement knows that simple traffic stops often turn into arrests for crimes such as drug possession and driving under the influence.

I recently asked a Broward County Sheriff’s Deputy about his thoughts on the Florida Move Over law.
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December 12, 2008

Robbery Suspect Barks at Broward County Judge Hurley

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

James%20Herard.jpg

The man accused of being the shotgun-wielding robber in a two-county string of Dunkin’ Donuts robberies repeatedly barked like a dog at a county judge this afternoon during a court hearing.

“I would suggest you take this more seriously,” Judge John Hurley told James Herard, 19, who replied “ruff” several times. Herard barked again after Hurley explained his rights as a criminal defendant. “I’m going to consider your bark as an acknowledgment of what I just told you,” the judge said.

Police said the five men were responsible for at least four robberies last week, three at Dunkin’ Donuts shops and one at a 7-Eleven.

The most violent occurred at a Delray Beach Dunkin’ Donuts on Nov. 26.

Four gunmen in masks, gloves and hooded sweatshirts blasted four people with shotgun rounds, two in the face. A driver also was shot after flashing his high beams at the robbers as they crossed the street in front of him.

Jackson, Herard and Weatherspoon, who have criminal records of varying degrees, confessed to the robberies, police said.

ANSARA RESPONDS

If you have not seen the actual video of this then you must click here to watch it. This video essentially depicts what a magistrate hearing looks like in Broward County. In Broward County our magistrate hearings, or bond hearing as they are sometimes called are done via video conferencing. They are usually held on the second floor of the Broward Main Courthouse in Fort Lauderdale. The Defendant’s are video conferenced from the Broward Main Jail in Fort Lauderdale to a Judge, in this case Judge John Hurley, who is sitting in the magistrate courtroom in the main Broward Courthouse.

At a magistrate hearing in Broward County the judge is likely to review any available police reports. These reports are usually referred to as probable cause affidavits. The judge will then advise a criminal defendant of all their legal rights such as the right to remain silent, the right to an attorney, ect. At this point the judge will usually make a bond determination based off of various factors such as the crime charged and/or any other factors the judge determines relevant.

Judge John Hurley is a new Broward County Judge. I am not quite sure
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December 7, 2008

Broward County Fort Lauderdale Courthouse to Reopen on Monday after Flood

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

The soggy Broward County Courthouse will reopen Monday, a week after a burst water pipe caused extensive damage to the aging building.

Jurors are to report as scheduled, court officials said. Anyone who was supposed to report for jury duty this past week should not go to the courthouse and instead wait to be contacted by the Clerk of Court’s Office.
While most of the downtown Fort Lauderdale courthouse will be up and running, the building’s phone system won’t be. Sunday night’s burst pipe on the second floor of the Clerk of Court’s Office drenched the building’s communications center, knocking out the phone lines to both the courthouse and the Broward Main Jail.
More than 14,000 court files were damaged and an outside company has been hired to dry them out, Forman said. Courthouse officials have estimated the flooding caused $1.2 million in damage.

ANSARA RESPONDS
I put this article on the blog for my clients and the general public who may be asking themselves, “do I need to go to court tomorrow?” The answer is yes. Last week the Broward County Fort Lauderdale Courthouse was closed due to a water main leak that has destroyed many files. This seems to be a common occurrence at the Broward County Fort Lauderdale Courthouse. It was only months ago that the Courthouse was closed due to an earlier flood.

When something like this happens it makes you wonder what kind of backup systems if any are being used at the Broward County Clerk’s Office.