Broward criminal defense lawyer

September 15, 2020

6 Reasons You Should Never Talk to Police Without a Florida Defense Lawyer

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

As a Broward defense attorney, I generally advise people never to talk to police without a lawyer present. This is true whether you’re innocent or not. Even those who don’t believe they are suspected of a crime should use great caution.

The Fifth Amendment to the Constitution prevents anyone from being compelled in any criminal case to be a witness against himself or herself. You have the right to remain silent. You need to tell them your name, but you don’t need to answer questions about where you’re going, where you came from, what you’re doing, where you live, whether you’re a U.S. citizen or here lawfully. You shouldn’t lie or run. Stay as calm as possible. But be crystal clear that you’re exercising your right to silence. Request a lawyer before you agree to answer any other questions.

Some people are concerned this makes them seem guilty. Especially when they’ve done nothing wrong, it can be tempting just to talk. After all, police can be intimidating and these encounters can cause all kinds of anxiety and most people just want it over with. But here are 6 reasons you really need to refrain from talking to the police at all without your lawyer present. Continue reading

May 25, 2017

South Florida Battery Arrest Can Have Lifelong Consequences

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

Assault and battery arrests in Florida may arise from a quickly-evolving altercation, but have the potential for long-term impact on one’s life.

These cases may be charged by prosecutors as either misdemeanors or felonies. F.S. 784.03 outlines felony battery in Florida as occurring when a person intentionally and actually touches or strikes someone against their will or intentionally causes bodily harm to another person. One can also be charged with a felony if they have a prior battery conviction. As a third-degree felony, it carries a maximum five-year prison term. First-degree misdemeanors, meanwhile, carry a maximum one-year in jail.

One high profile battery arrest in South Florida recently involved an actor in the hit movie, “Straight Outta Compton.” It was the big budget biopic that was about the early life and career of the members of the legendary rap group NWA. The film was about the lives of Dr. Dre, Ice Cube, Suge Knight, Easy-E, and others.
Continue reading

December 10, 2016

Dozens Arrested in Miami for Trafficking Drugs, Guns

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

Federal authorities recently made dozens of arrests in Broward County for alleged trafficking in drugs and guns. In all, officials filed federal charges against 29 defendants in 23 separate cases, which ranged from narcotics trafficking conspiracy, narcotics trafficking and firearms-related offenses. That’s according the U.S. Department of Justice’s Bureau of Alcohol, Tobacco, Firearms and Explosives, which released a statement alleging defendants sold nearly 300 firearms to undercover officers. Among those weapons: AKs, AR-15s, revolvers, pistols, sniper rifles and short barrel rifles. Defendants are also accused of sales of heroin, cocaine, flakka, marijuana and oxycodone to undercover agents.

The release indicates federal authorities worked closely with local officials in Pompano Beach to conduct undercover surveillance and gather intelligence. DEA Special Agent in Charge Adolphus P. Wright said this case is illustrative of the fact that crime is often inter-related, and where there are drugs, there are often illegally possession/ dealing of firearms and other offenses.

Our Fort Lauderdale criminal defense attorneys know that many defendants in these cases are facing numerous federal charges of varying seriousness. These kinds of cases, both because of their complexity and the potential for decades-long prison sentences, necessitate the assistance of an experienced defense lawyer. Continue reading

November 2, 2016

Report: Marijuana Arrests Outnumber Those for Violent Crimes

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

The so-called, “War on Drugs” has been an irrefutable failure in so many respects, to the point many states and municipalities have been actively working to de-criminalize possession of marijuana and related non-violent offenses. However, this does not meant that those caught with the substance can expect a break.

The Marijuana Policy Project, a pro-marijuana advocacy group, reports that since June 2015, numerous cities and counties in Florida have taken marijuana policy into their own hands to reduce the chances that consumers of marijuana are going to be arrested or jailed. Those include measures taken by: Miami-Dade County, Miami Beach, Hallandale Beach, Key West, West Palm Beach, Broward County, Wilton Manors, Palm Beach County, Volusia County, Orlando, Tampa, Osceola County, Alachua County and Port Ritchie. (Specifically here in Broward County, commissioners voted unanimously to give police the option to issue a $100 civil fine rather than arrest those caught with 20 grams or less of the drug. However, police still have the choice to make an arrest, at their discretion.)

But the question is whether laws like this are actually making a real dent. According to a new report by The Human Rights Watch, there continues to be a drug possession arrest in the U.S. every 25 seconds. Continue reading

June 6, 2016

Broward Crime Lab Mismanagement Alleged

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

In November, a Broward County Sheriff’s Office crime lab analyst being investigated for missing drugs resigned. That was almost two years after discrepancies arose with regard to the amount of cocaine evidence she had been working on. When the office came up 0.4 grams short, an independent analyst was asked to re-check her work. By then, the amount had shrunk by 5 grams. Then a random sampling of her work was done, and it was discovered one was off by 12 grams. Her supervisor was forced to resign.

Now, with questions raised about the 5,800+ drug cases she worked during her nine-year tenure at the agency, the Broward New Times is taking a closer look at what it alleges were lax policies and poor oversight at the crime lab.

This is potentially a big deal, as it could result in thousands of Broward drug cases either being reopened or thrown out completely. A few grams may not seem like a major deal, but when it comes to criminal prosecutions, it is significant because it could mean the difference between a misdemeanor and a felony, a few months in prison versus several years. Continue reading

January 29, 2016

New Broward Mental Health Diversion Off to Start, But a Slow One

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

Following a scathing report criticizing treatment of mentally ill defendants who languish sometimes for years in the criminal justice system (and six times longer than a person with comparable charges in regular court , the Broward State Attorneys Office devised a partial solution: A mental health diversion program that would get people out of the criminal justice system.

The idea, modeled after a program launched in Miami-Dade in 2008, focuses on treatment – rather than incarceration – for those who are mentally ill. Non-violent offenders without lengthy rap sheets who have been diagnosed with a severe mental illness would be vetted by the state attorneys office. Those accepted would receive housing support, therapy, medication management and other assistance. Those who successfully complete the program (in six months to a year) would be allowed to have the criminal charges dropped.

It’s a start, critics say, but so far, the program has accepted just one applicant. What’s more, even when it reaches capacity at 60 defendants, that’s not going to make much of a dent when there are an estimated 1,200 cases overflowing in felony mental health court. Plus, there is no guarantee of assistance to those who are already enmeshed in the system, charged with minor felonies. Continue reading