Broward criminal defense lawyer

December 16, 2024

When Text Messages Become Evidence: Digital Communications in Broward Domestic Violence Cases

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

As we’re living in a digital age, text messages and social media posts have become central to domestic violence prosecutions. These forms of communication are commonly used to corroborate allegations, establish intent, or prove a pattern of behavior. This digital paper trail can be scrutinized and used against you in court – and they come up a lot especially in Fort Lauderdale domestic violence cases.

If you’re facing domestic violence charges in Broward County, understanding how digital communications are handled as evidence can be important to building an effective defense – and potentially keeping you out of trouble in the future.

The Role of Digital Evidence in Domestic Violence Cases

Text messages, emails, and social media interactions are increasingly relied upon in Florida domestic violence cases to support allegations of abuse, harassment, or threats. These communications can be used in various ways, such as:

Establishing Intent or Threats. A text message threatening harm can be used to demonstrate the accused’s intent.
Documenting Patterns of Behavior. Repeated texts or social media messages can be presented as evidence of harassment or stalking.
Corroborating Testimony. Digital evidence can back up a complainant’s version of events, especially when physical evidence is limited.

While this evidence can seem to create open-and-shut cases, the truth is it’s not always as straightforward as prosecutors may suggest. As experienced Broward criminal defense lawyers can explain, messages can easily be taken out of context, manipulated, or misinterpreted – especially given that slang terms are now evolving at a faster rate than ever (thanks in large part to social media). All of this opens the door for a skilled defense attorney to challenge their validity.

Legal Standards for Admissibility

To be used as evidence in a Broward criminal case, digital communications must meet specific legal standards for admissibility:

Authentication.
Under the rules of evidence, prosecutors must authenticate digital messages by proving they originated from the accused. The Florida Supreme Court has repeatedly emphasized the need for reliable evidence to establish the authenticity of electronic communication. Text messages may be admitted as evidence, but if they lack proper authentication, they may be excluded.
Relevance.
Messages must be directly relevant to the charges at hand. Courts often weigh whether the probative value of the evidence outweighs its potential for unfair prejudice.
Integrity.
The integrity of the evidence must be preserved. Altered or incomplete messages can be excluded as inadmissible.

Common Defenses Against Digital Evidence

An experienced Fort Lauderdale criminal defense attorney can use several strategies to challenge the admissibility or interpretation of digital evidence: Continue reading

August 8, 2024

Character Witnesses Key in Broward Domestic Violence Cases

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

Character witnesses can play a pivotal role in domestic violence trials, offering testimony that speaks to the defendant’s moral character, behavior and reputation in the community. As our Broward domestic violence defense lawyers can explain, these insights serve to provide the court with a broader perspective of who the defendant is beyond the charges they face.

It humanizes them. They aren’t just a case number or one of the hundreds of other defendants they’ve seen that month. Especially when the case relies heavily on he-said-she-said evidence, bringing in other perspectives of the defendant’s character can potentially mitigate the penalties he or she is facing.

Character witnesses won’t necessarily be brought into every domestic violence case. But it can be part of a smart criminal defense strategy, even if it only slightly softens the court’s perception of the defendant.

Character Witness Role

Character witnesses are brought in to testify about a person’s personality, behavior and overall character. Their testimony serves to refute the prosecution’s portrayal of the defense as a perpetrator of domestic violence, suggesting instead that the alleged behavior was out-of-character for the defendant. This sort of context spotlights the defendant’s positive attributes, bolstering their credibility and potentially even casting doubt in the minds of the judge or jury.

Character witnesses are most commonly: Continue reading

May 6, 2024

Broward Defense Attorneys Relieved Florida DUI Bill Dies in House Committee

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

A Florida bill that would have required drivers who refuse to submit to breathalyzers to immediately install ignition interlock devices has died in the House committee.

Broward defense lawyers had been greatly concerned that the proposed Florida DUI law would run afoul of 4th Amendment Due process rights.

HB 39 and its companion bill, SB 260, would have required any driver arrested for DUI who refuses to submit to a lawful breath test to automatically be required to install an ignition interlock device on their vehicle. This would be done at the driver’s own expense – which can cost anywhere from $670 to $1,610 The first refusal would result in a one-year license suspension and subsequent incidents of refusal would result in an 18 month license suspension. The DMV would require such placement before issuing a permanent or restricted driver’s license related to such refusal.

For those who may be unfamiliar, ignition interlock devices are small, electronic devices (about the size of a cell phone) wired to a vehicle’s ignition that require the driver to provide a breath sample negative for alcohol before the car will start. Drivers may also be periodically required to provide a breath sample to ensure they aren’t drinking while driving.

The reason this particular bill rankled Broward defense lawyers is because it appeared to impose a penalty right after arrest – not as a punishment following conviction. People arrested are innocent until proven guilty. This is a fundamental foundation of our criminal justice framework. To impose a penalty on someone incidental to arrest, when they are still presumed innocent, is a violation of due process. Continue reading

February 25, 2024

How Serious is a Sexual Cyberharassment Arrest in Florida?

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

It used to be that nude pictures and sexually explicit videos were almost exclusively found in behind-the-counter magazines, specialty theaters and shops and via pay-per-view cable access. But these days, everyone has a smartphone with a camera, and one recent study found that about 40% of American men and women have sent a sexual picture to someone else at some point in their lives. The actual number is probably a lot higher – which is fine, because such exchanges between consenting adults is perfectly legal.

Where we run into problems is when images are shared or threatened to be shared without the consent of the person depicted. This is known as sexual cyberharassment, or “revenge porn,” and it’s been outlawed in Florida since 2015.

Fort Lauderdale criminal defense lawyer Richard Ansara has successfully represented clients accused of sexual cyberharassment in Florida. Prosecutors have a high proof burden to clear with these cases. No matter how solidly it seems the cards are stacked against you, there are almost always ways a skilled defense lawyer can minimize the fallout.

What Exactly Is Sexual Cyberharassment?

F.S. 784.049 defines sexual cyberharassment as using electronic communication devices to send or publish sexually explicit images or videos of another person without their consent.

A few additional stipulations: Continue reading

January 15, 2024

Broward DUI Lawyer: Proposed Florida DUI Law Sidesteps Defendant Due Process

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

Twin bills in the Florida House and Senate threaten to undercut the due process rights of defendants facing Broward DUI charges. HB 39 and SB 260 would require drivers who refuse to take a breathalyzer to install ignition interlock devices at their own expense – regardless of whether they are ultimately found guilty of violating F.S. 316.193, Florida’s DUI statute.

As a Broward DUI lawyer can explain, the proposed statute is aligned the existing implied consent law, F.S. 316.1932. Essentially, this law establishes that driving is a state-extended privilege, as opposed to a right. Therefore, by operating such a vehicle, the state has the right to impose certain requirements. One of those is that drivers agree to the condition that if they are going to drive, they have impliedly given their consent to submit to approved chemical or physical testing (namely breathalyzer tests) for the purposes of determining whether he/she was driving under the influence of alcohol. Such tests must be incidental to a lawful arrest and administered by a law enforcement officer who has reasonable cause to believe the driver is under the influence.

If a driver in these circumstances refuses to submit to a breathalyzer test, their driver’s license is automatically suspended for one year. This is true regardless of whether they are ultimately convicted of a DUI. For second or subsequent refusals, the suspension is 18 months. Continue reading

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 18, 2023

Why One Man’s Trash is a Florida Prosecutor’s Treasure

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

Most people don’t give their trash a second thought once they’ve brought it to the curb. However, the contents of that garbage can be life-altering for suspects in criminal cases. As our Broward criminal defense lawyers can explain, so-called “trash pulls” are an increasingly common means for police and prosecutors to obtain incriminating evidence in cases – ranging from drug offenses to sex crimes to identity theft to murder. The practice is particularly popular with narcotics squads and sex crimes divisions.

Evidence obtained from discarded trash bags can be used to obtain a search warrant into your home, your office, and your person. DNA gleaned from the contents of one’s trash – on cigarette butts, bottle tops, plasticware – can be tested and used to make a case. Seeds, stems, or traces of cocaine can be used to justify a search warrant where the cops may have otherwise had clearly insufficient evidence.

Knowing that your garbage may be the target of police attention isn’t something at the forefront everyone’s mind, but it’s something to be mindful of if you know you’re the subject of a criminal investigation.

Isn’t Going Through Someone’s Trash an Invasion of Privacy?

The main question that arises in “trash pull” cases is whether digging through someone’s refuse is a violation of privacy. However, the courts have ruled time and again that there isn’t a reasonable expectation of privacy.

For example, in the 1981 case of Stone v. State, Florida’s 1st District Court of Appeal held that a defendant did not have a reasonable expectation of privacy when he placed items in a sealed, opaque trash container on his own property. In that case, police got a tip that the defendant was dealing cocaine. A police detective rode along with garbage collectors one day, and took custody of several twist-tied garbage bags from the suspect’s home that were otherwise headed for the landfill. When the contents of those bags were later examined, police found controlled substances residue. Those findings formed the basis of a search warrant, during which time police found further evidence to base a drug trafficking arrest. The defense argued the evidence gleaned from the garbage was inadmissible because it was unlawfully obtained. But the court held that items in a garbage bin set to be gathered and discarded by garbage collectors is considered abandoned property. Abandoned property is that which one intends to forever part with. When a person abandons their property, there is no reasonable expectation that it will remain private. Continue reading

November 30, 2022

Why Should I Hire a Broward Defense Lawyer for a Misdemeanor?

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

Most folks know that misdemeanors are “minor” offenses (at least in comparison to the more serious felony tier of crimes). However, that doesn’t mean the impact on your life will be minor.

In fact, you can face heavy fines, jail time, and reverberating effects in other areas of your life that have the potential to plague you for years to come.

If you are arrested for a misdemeanor offense in Broward County, it’s important to invest in legal counsel. Our primary goal is usually for our client to walk away without a conviction, but even when that’s not possible, a skilled criminal defense lawyer can help negotiate the charges down to a lesser offense, fight for reduced penalties, and soften the impact on your daily life.

Florida Misdemeanor Penalties

Under the umbrella of misdemeanors, there are two tiers of severity:

First-degree misdemeanors. The maximum penalties for 1st degree misdemeanors in Florida are punishable by up to one year in prison, a maximum fine of $1,000, or both.
Second-degree misdemeanors. The maximum penalties for 2nd degree misdemeanors in Florida are punishable by a maximum 60 days in jail, a fine of up to $500, or both.

(There are also non-criminal violations that are typically issued via citation that carry possible fines and other penalties, but usually no jail time.)

Penalty schedules for misdemeanor and felony offenses are laid out in F.S. 775.082 and schedules are spelled out in F.S. 775.083.

But it’s possible your penalties could even exceed this if certain enhancements apply. This could happen because of aggravating circumstances (you used a gun, the alleged victim was a minor, etc.), you have prior convictions, etc. In some cases, first-degree misdemeanors can be leveled up to third-degree felonies – meaning all of the sudden, you’re facing the possibility of five years in prison and a $5,000 fine.

In addition to this, judges can require completion of costly diversion programs, community service, house arrest, substance abuse treatment and monitoring, loss of driver’s license, etc. Depending on your circumstances and the nature of the offense, a misdemeanor charge or conviction can have a ripple effect on your life – in a pending divorce case, child custody issue, an immigration matter, or with your professional license. You could also be kicked out of school, be disqualified for certain loans, and passed over by certain landlords.

All of this is why hiring a Broward criminal defense lawyer to represent you with your misdemeanor is imperative. The State of Florida does provide you with legal counsel if you cannot afford one yourself – but only if you are facing the possibility of jail time. And while there are many dedicated, experienced lawyers working for the public defender’s office, the amount of time and resources they dedicate to your case is likely to be less than what a private lawyer can devote. When we’re talking about your future, that’s not something you want to skimp on. Continue reading

March 1, 2022

Broward Defense Lawyer Breaks Down Florida Criminal Case Process

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

Navigating the Florida criminal case process is overwhelming for anyone arrested in the Fort Lauderdale area. Working with a dedicated Broward defense lawyer who knows the law, the local players, and the legal strategy most likely to help you prevail is essential.

That said, we do like our clients and their families to have a basic understanding of how the case is going to proceed from start to finish. It’s worth noting that this process is applicable to state-level cases, not federal. Further, every case is different. One thing they all have in common, though, is that studies show the sooner you hire an experienced criminal defense team, the more favorable the outcome. (One analysis found that criminal defense attorneys in one large city helped reduce the murder conviction rate of their clients by 19 percent and reduced the probability of their client receiving a life sentence by 62 percent. Overall time served in prison was reduced by 24 percent.)

Our battle-tested criminal defense team is prepared to go to bat for each and every one of our clients, whether they’re facing felony or misdemeanor charges.

Arrest and Notice to Appear

This marks the start of your Florida criminal case. If an office of the law (typically a police officer or sheriff’s deputy) has probable cause to reasonably believe you committed a crime, they can make an arrest. Sometimes, this is predicated on the basis of an arrest warrant that has been written and signed by a judge. Other times, it stems from evidence gathered while officers are patrolling or responding to specific calls for assistance. Continue reading

February 1, 2022

Do Broward Criminal Defense Attorneys Get Paid if You Lose?

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

If you’re searching Broward criminal defense attorneys for hire, you’re likely wondering how much it’s going to cost. You’ve probably heard at least one attorney advertisement with the phrase, “We only get paid if you win.” Important to note: This does NOT apply to criminal defense lawyers – and for good reasons, which we’ll explain more later.

However, those with limited financial resources still have options.

If you’ve been arrested in Fort Lauderdale, it’s important to both carefully plan your next move and try your best to stay within budget. The right attorney can help you do that. Attorneys are ethically bound to only charge “reasonable” fees for their services. If their charges are excessive, they could face action from the state Bar Association.

Here, we’re going to break down how payments to Florida criminal defense lawyers work and what you can expect when hiring an attorney.

Your Right to Free Counsel

Most people have heard the phrase, “You have the right to an attorney… If you cannot afford one, one will be provided for you at no cost…”

This is part of the “Miranda Warning,” a required statement made prior to custodial interrogations (questioning that occurs after police have arrested or detained someone). However, people mistakenly assume that this right to free legal counsel applies to all criminal defendants. It does not.

Let’s start with the fact that the Sixth Amendment to the U.S. Constitution is what gives criminal defendants the right to counsel – regardless of whether they can afford it – in federal prosecutions. However, most criminal prosecutions in Florida occur at the state level, pursued by state-level prosecutors, who are referred to as state attorneys. The right to counsel was not applied to state prosecutions for felony offenses until the 1963 U.S. Supreme Court ruling in Gideon v. Wainwright. The incorporation doctrine applied this right to state felony cases, but it does not apply for certain misdemeanors.

In Florida state-level prosecutions, you do have the right to a state-appointed criminal defense lawyer if:

You are facing jail time AND
You cannot afford one on your own.

If you can afford to hire your own lawyer, it’s a good idea to do so. We have known excellent criminal defense lawyers working for the Florida Public Defender’s Office. However, they are often carrying heavy caseloads, and may not have a great deal of time to dedicate to your case. Hiring a private criminal defense lawyer is typically to your advantage.

It’s a common misconception that because you aren’t appointed a criminal defense lawyer that you don’t need one. While lower-level misdemeanors may not involve jail time, a conviction can often have a significant impact on your life – one that a qualified criminal defense lawyer can work to substantially mitigate. It is typically to your advantage – financially and otherwise – to hire a Broward criminal defense lawyer even for misdemeanor cases.

Why Can’t Florida Criminal Defense Lawyers Be Paid on a Contingency Fee Basis?

The phrase, “We don’t get paid unless you win” refers to a contingency fee arrangement with an attorney. Continue reading