Broward criminal defense attorney

December 28, 2023

Mitigating Factors for Broward Domestic Violence Defendants

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

A Broward domestic violence conviction can have devastating consequences for a defendant: Jail time, lengthy/expensive batterer’s intervention courses, strict probation rules, no contact orders, child custody/divorce case implications, etc. But even if you were unable to avoid the conviction, a Broward domestic violence criminal defense lawyer may still have another card to play: Mitigating factors.

Also sometimes called “mitigating circumstances,” these are factors that can compel the court to impose a lower sentence – possibly even one that dips below statutory guidelines for the offense.

As your Broward criminal defense lawyer can explain, mitigating factors are not excuses. Unlike affirmative defenses, mitigating circumstances don’t assert that the actions were legally justifiable or support exoneration. Instead, the assertion is that the defendant’s actions can be partially explained/better understood in light of the mitigating circumstances. It’s not saying that the defendant acted legally, but that he/she/they should be shown some mercy in sentencing.

December 7, 2023

Broward Criminal Defense Lawyer Explains Affirmative Defenses

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

You’re likely familiar with the phrase “innocent until proven guilty” or “proof beyond a reasonable doubt.” As a Broward criminal defense lawyer can further explain, these both reference the fact that the burden of proof in Florida criminal cases is on the prosecutor. As outlined in the Fifth Amendment to the U.S. Constitution, it’s a basic civil right to be presumed innocent and to require prosecutors to meet certain standards in order to prove the defendant’s guilt.

But there is a way to still win your criminal case even if the prosecutor does meet the proof burden. It’s called an affirmative defense.

In essence, an affirmative defense doesn’t deny the act occurred, but asserts it was either justified or excusable. It does shift the burden of proof from the prosecution to the defense. But if you have the right evidence, you can obtain a favorable outcome: Acquittal or avoiding trial altogether.

Broward Criminal Defense Lawyer on How Defenses Work

At the start of a case, the most likely strategy for your Broward criminal defense lawyer will be to analyze the flaws in the prosecutor’s case. They’ll be looking for weaknesses in the factual elements the prosecutor must establish if they want to get a conviction. If they can effectively raise reasonable doubt for jurors, there’s no need for additional defense.

An affirmative defense, however, is a different approach. Rather than going after the prosecutor’s evidence, y0uor Broward criminal defense lawyer concedes the basic facts, but insists their client should still avoid conviction. In other words, “Yes, it’s true my client did this. However, there are legal grounds that justify/excuse/prevent a conviction.” At that point, the onus is on the defense team to prove the basis for an affirmative defense.

Common Affirmative Defenses in South Florida Criminal Cases

March 11, 2023

Bill to End Depositions in Some Florida Criminal Cases Would Impact Defense

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

An important part of an effective criminal defense strategy occurs in the discovery phase of the process, when both sides take depositions of witnesses. Depositions are sworn testimony given by witnesses out-of-court. Both prosecutors and defense lawyers use them to gather pertinent information about the case. They are set up in a question-and-answer format, typically with the witness, prosecutor, defense lawyer, and court reporter present. Witnesses are subpoenaed by the court, meaning they must appear and testify even if they don’t want to (though they may plead the Fifth to avoid self-incrimination). Not all information gleaned from the depositions will be allowed to be presented at trial (if the case gets that far), but it gives both sides a good idea of how witnesses will testify.

The idea is to evaluate witnesses, gather information, gain admissions, solidify trial testimony (“lock-in” witnesses to a certain version of events), identify theories and themes, and authenticate documents (such as police records and medical paperwork). witness testimony

Recently, the Florida attorney general voiced support for proposed legislation that would prevent alleged victims in certain types of cases being compelled to testify in depositions. Offenses to which the rule would apply would include:

human trafficking
domestic violence,
aggravated cyberstalking
child custody offenses
human smuggling
lewd/lascivious offenses
child abuse
child neglect
traveling to meet a minor

According to a press release from the state attorney general’s office, SB 1208 and HB 1037 would “help prosecutors secure convictions” in human trafficking and other cases.

From the perspective of a Fort Lauderdale defense lawyer, this raises some alarm bells – specifically with regard to due process rights. Furthermore, the criminal justice system was not set up to make it easy to secure criminal convictions – for good reason. It was always intended that defendants would be presumed innocent until proven guilty by the highest proof standards. The Sixth Amendment guarantees those accused of a crime the right to confront witnesses against him/her in a criminal action. Shielding accusers in a criminal from lawful depositions by defense lawyers may potentially undercut this right.

What Does the Bill Propose?

February 20, 2023

Common Broward Criminal Defense Strategies in Misdemeanor Cases

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

As Broward criminal defense lawyers, we have successfully handled a broad range of Florida criminal case types – from serious felonies to minor misdemeanors. There is no single defense strategy that’s going to work in every situation. That said, there are some approaches more commonly employed than others. If you’re arrested in Fort Lauderdale on a misdemeanor charge, it’s important to seek out a defense attorney who can discuss those that might work best given the facts and realities of your case. Note: Not every misdemeanor defendant is entitled to an attorney (even if you can’t afford one), despite the potential consequences of conviction being substantial and long-lasting. Hiring a defense lawyer – even for seemingly minor issues – is the best way to lessen the blow this whole episode will have on your life long-term.

What Prosecutors Must Prove in Florida Misdemeanors

The exact criteria of what must be established to secure a conviction in a Florida misdemeanor case depends on the charge. Yet in all cases, prosecutors are tasked with showing guilt of the crime alleged beyond a reasonable doubt – which is the highest proof burden their is in Florida law.

As a criminal defendant, one is entitled to the presumption of innocence. However, without an experienced criminal defense lawyer to advocate on their behalf, odds of that person walking away with zero consequences or a slap on the wrist aren’t great.

It’s unlikely your case will go to trial, simply because most these days don’t. Roughly 90 percent of criminal convictions are secured via plea bargains. Prosecutors routinely offer plea bargains to defendants. However, just because it’s a lesser charge than what you initially faced or the consequences are less than the max doesn’t mean that a guilty or no contest plea is wise or in your best interest. You’re far better off if you have a defense attorney who can push back on the prosecution’s case. We can help explain the long-term impact of certain types of convictions, and whether the state’s case is all that strong to start (prosecutors are unlikely to cop to case weaknesses without prodding from the defense). If you’re inclined to accept a plea bargain, it’s still best to have a defense lawyer who can fully assess the particulars and actively negotiate terms most favorable to you.

Criminal Defense Strategies in Broward Misdemeanor Cases

Generally speaking, the goal of a Broward criminal defense attorney is to poke holes in the prosecution’s case, arguing things like lack of evidence, lack of intention/willful violation, or a legal justification for the action. Exactly how we do that will depend on the charge and specific facts.

That said, here are some of the most common defenses we use in Broward misdemeanor cases: Continue reading

December 28, 2022

When False Imprisonment Charge is Part of a Florida Domestic Violence Case

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

Words like “kidnapping” or “false imprisonment” immediately conjure images of a person being bound and blindfolded, unable to escape a cagey stranger’s clutches. But more often, false imprisonment charges in Florida stem from incidents alleged domestic violence. Rather than tying someone up, false imprisonment looks more like forcing someone to stop and just listen to your side of the argument – something that can seem like a reasonable action, especially in the heat of a spirited disagreement. But it’s a felony, and should be taken seriously.

False imprisonment, as defined in F.S. 787.02, is when someone without the legal authority to do so restrains another person against their will. It’s similar to kidnapping, except the latter is more serious and involves moving another person against their will from one place to another while they are confined. Kidnapping also typically involves the intent to to commit another serious offense (i.e., extortion, sexual assault, battery, etc.).

False imprisonment is a third-degree felony, which carries penalties of a maximum penalty of 5 years in prison, 5 years of probation, and $5,000 in fines. It may also result in a permanent injunction (aka restraining order), which can have lasting implications for future employment opportunities, firearm rights, freedom of travel, etc. Kidnapping, meanwhile, is typically a first-degree felony, punishable by up to 30 years in prison. It can even be a life felony if carried out in conjunction with other serious offenses.

Penalties can be more significant for either charge if there are aggravating factors – particularly if it was carried out in conjunction with another serious felony, such as robbery, burglary, sexual assault, child abuse, human trafficking, or exploitation of a minor. Prior convictions can also exacerbate the seriousness of a false imprisonment charge.

What Do Prosecutors Have to Prove in a Florida False Imprisonment Case?

As our Fort Lauderdale defense lawyers can explain, the elements of a false imprisonment charge are:

Intentional imprisonment. That is, the defendant intentionally limited or restricted the other person’s freedom – confining, abducting, imprisoning, or restraining them. It doesn’t necessarily require physical restraint. Coercion, threats of violence, and tricking someone can satisfy this requirement as well.
Lack of consent. The person who is being held does not consent to it. It’s worth noting that children, individuals with cognitive disabilities or impairments, or those who are intoxicated are not able to consent.
No legal justification. If you’re a police officer or nurse, you may have the authority and legal justification to restrain someone against their will under certain circumstances. Same with shop owners or security personnel, but only under certain circumstances. Parents also may have legal justification for restraining minor children.

Examples of False Imprisonment in Domestic Violence Cases

False imprisonment charges sometimes come as a surprise do defendants, particularly if no one was hurt or physically restrained at all.

Some examples of scenarios of false imprisonment in domestic situations:

Grabbing another person and/or blocking an exit so that they cannot leave.
Holding something the other person values without their consent so that they can’t leave (i.e., wallet, keys, pet, child, etc.).
Drugging someone without their consent to restrict their movements.
Locking the car doors during an argument so that a passenger is unable to get out when they want to.
Threatening to hurt someone if they leave a certain location.
Locking someone in a room against their will.

Defenses to Florida False Imprisonment Charges

There are certain defenses to false imprisonment that can be made depending on the relationships between the parties. For example, merchants accused of false imprisonment may detain someone for a reasonable amount of time on suspicion of retail theft. They can only do so long enough to make a reasonable identification, inquire as to whether the person has possession of unpurchased merchandise, and inform a police officer. Similarly, parents and caregivers can defend against claims of false imprisonment where children under 17 are concerned where they are responsible for assuming control of the child’s welfare.

But in the context of domestic violence, some common defenses to false imprisonment charges in Florida: Continue reading

December 15, 2019

Report: Hundreds Serving Time for Florida Drug Crimes No Longer Against the Law

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

More than 1,000 inmates in Florida’s prisons are serving time for drug crimes that are either no longer illegal under state law or for which sentencing has been substantially reduced. That’s according to a report by The Tampa Bay Times, where reporters took a hard look at how long-running minimum mandatory sentences for non-violent drug crimes in the Sunshine State have adversely impacted individuals, families and entire communities. Those sentencing guidelines have largely been eased, but as our Broward criminal defense attorneys can explain, the new standards have little impact for someone already convicted, sentenced and serving time.

Some are calling for state lawmakers to address the issue, describing these inmates as in a state of “legal purgatory.”

The problem dates back to the 1990s, when cocaine addiction was wreaking havoc on South Florida communities. At the time, Florida had the highest rate of violent crime in the country. It was the “get tough on crime” era, and lawmakers enacted measures that would impose severe minimum mandatory penalties for repeat violent offenders AND those convicted of drug trafficking. At the time, lawmakers said they were after the drug lords – not people carrying a few ounces of illegal substances for personal use.

What ended up happening, however, was that those who were not drug lords were swept up as well. People with chronic pain and addiction to opiods who had run out of their monthly medication would turn to the streets – and be labeled drug traffickers for the amount they carried. Continue reading

November 15, 2019

“Alexa, Did He Do It?” Florida Police Search Smart Speaker Device History in Criminal Investigation

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

Authorities investigating a Broward County slaying secured a search warrant to access recording history on an Amazon Echo device present at the crime scene. A 43-year-old man has been arrested for the Hallandale Beach homicide of his 32-year-old girlfriend in mid-July. Police want to know whether the popular voice-controlled smart speakers at the home where she died may provide clues as to what happened, the Sun Sentinel reported.

Broward County criminal defense lawyers have been keenly attuned to police and prosecutors’ increasing reliance on evidence derived from new media and technology – from smartphones to drones – in criminal cases.

This is the latest example, and it raises some interesting legal questions about privacy and the extent to which authorities can access the details of conversations that happen in your own home or in personal messages. Continue reading

April 25, 2019

When Am I Entitled to a “Free” Criminal Defense Attorney?

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

In both federal and state criminal cases and even some civil case, the law (thanks to the U.S. Supreme Court decision 55 years ago in Gideon v. Wainwright) affords defendants the right to representation by a criminal defense attorney – even for misdemeanors. It is only when the individual is unable to afford a defense lawyer that one is appointed for the defendant (i.e., a public defender). The question of whether one can afford a lawyer is answered by determining one’s “indigent” status.

The question of one’s indigent status is one many of us don’t give a second thought to, but it’s made front-page headlines of late because of the recent high-profile case of the questionable indigent status of accused Parkland school shooter Nicholas Cruz. The 20-year-old is accused of carrying out one of the deadliest mass school shootings in U.S. history, killing 17 students and teachers. He has reportedly confessed and faces the death penalty.

Initially, he was appointed a Florida public defender after being deemed indigent. However, Law.com now reports he is anticipating a $432,000 life insurance policy payout following the recent death of his mother. His Broward defense attorney is now seeking to be removed from the case, arguing state law prohibits service of public defenders for defendants with financial means to higher a private Florida criminal defense attorney. The lawyer, with 40 years of experience, pointed out the defendant is now wealthier than most of those serving on his defense team and he has never had a client with access to as much money as Cruz. The average public defender in Broward County earns about $62,000. Continue reading

April 12, 2018

Fewer Florida Death Sentences Post-Unanimous Jury Rule

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

It’s been a year since the U.S. Supreme Court deemed Florida’s process of deciding death penalty cases unconstitutional for the second time.

Florida had a long-standing practice of allowing imposition of the death penalty without the unanimous support of a jury. Before the 2016 ruling in Hurst v. Florida, courts here only required a recommendation of a simple majority of jurors (7-5), though the decision was ultimately up to the judge. Not Ok, ruled the U.S. Supreme Court, finding it a violation of the Sixth Amendment. The state legislature revised the rules, deciding at least 10 out of 12 jurors needed to agree in order to impose the death penalty. Last year, the U.S. Supreme Court ruled that still wasn’t good enough, as it violated the Eighth Amendment’s provision against cruel and unusual punishment. Juror input and consensus is mandatory in capital cases.

Now, the Tampa Bay Times reports that since those two rulings, there have been “far fewer” convicted murderers sentenced to death in the state. Continue reading

January 15, 2017

Future of Florida’s Death Penalty Uncertain as Past Cases Reviewed

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

The Florida Supreme Court – for the second time in as many months – ruled the state’s death penalty law is unconstitutional and can’t be applied to prosecutions that are pending. Effectively, that means death penalty murder trials are on hold for now. The ruling was handed down in a one-paragraph order. Some judges, including chief judge John Galluzzo for Brevard and Seminole counties, have held that the guilt phase of these trials may proceed, so long as the sentencing phase is postponed until after state lawmakers have time to rewrite the statute.

These judges have defended the decisions saying that while the rulings that have been handed down from the Florida Supreme Court may seem confusing, it’s believed capital murder trials could continue, so long as certain defense rights are defended. Specifically, that means that all 12 members of the jury must unanimously agree to recommend the death penalty, rather than simply a majority or having the judge decide, as has been the case in the past with this state.

However, the most recent order handed down by the state supreme court says that Florida’s death penalty law has been invalidated “as a whole.” The court was very clear in saying it cannot be applied to prosecutions that are pending. Meanwhile, the high court’s ruling last month indicated that the state’s death penalty law was so fundamentally erroneous – and had been that way for so long – that more than half the people on death row are likely entitled to new sentencing hearings. That covers more than 200 inmates who are waiting to die on Florida’s death row. Continue reading