criminal defense lawyer Fort Lauderdale

August 30, 2022

Types of Evidence Used in Broward Domestic Violence Cases

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

If you are arrested in a Broward domestic violence case, you may be wondering what evidence the state might use against you.

As experienced Fort Lauderdale criminal defense attorneys, we know at the outset exactly the sorts of things prosecutors are going to be deep diving for to make their case.

Just like in any Florida criminal case, the burden of proof rests with the prosecution to prove in court that a crime was committed and that the accused is guilty of it. They are held to the highest standard of proof, which is beyond a reasonable doubt. Despite this, they have a fairly good conviction rate for domestic violence cases. According to one study by the Bureau of Justice Statistics, domestic violence sexual assault defendants are more likely to be prosecuted (89 percent) than non-domestic sexual assault defendants (73 percent). Domestic violence defendants were as likely to be prosecuted (66 percent) as non-domestic assault defendants (67 percent), but their conviction rates are substantially higher (87 percent versus 78 percent).

Elements of a Florida Domestic Violence Charge

If you’re facing a charges under F.S. 784.03 (battery and felony battery) what the prosecution basically has to show is:

The defendant actually and intentionally struck the other person against that person’s will.
The defendant intentionally caused bodily harm to another person.

If the prosecution is trying to prove a domestic violence crime specifically under F.S. 741.28, they will need to show the basic elements of the underlying crime (which can include assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment or any criminal offense relating to physical injury) AND that the target was a family or household member. A family or household member can mean a spouse, people related to you by blood or marriage, people who reside together as if they are a family (or who have in the past), or someone with whom you share a child. Unless you share a child together, domestic violence can only be established if the defendant and accuser currently live together as a family or had in the past. 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

May 2, 2016

Trio Arrested for Illegal Racing in Pembroke Pines

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

Three men were arrested in separate instances of alleged street racing in Pembroke Pines over the course of a weekend. All three men are reportedly from Miami-Dade, but the charges stemmed from separate situations, police said.

According to The Sun-Sentinel, street racing has been a problem in the area, particularly on U.S. Highway 27 South, north of the Broward/ Palm Beach County line.

In this case, authorities say the first incident occurred on a Friday night, shortly before 10 p.m. A police officer was traveling on Northwest 172nd Street when a silver Honda and a black Honda went whizzing by. They were both speeding side-by-side, the officer observed. The officer turned around and pulled over the silver vehicle.

As it turned out, the 22-year-old driver, Adrian Alberto Santiago, of Miami, reportedly had a suspended license. He was also wanted on a misdemeanor warrant for possession of marijuana in Broward County. The officer placed him under arrest, at which point Santiago reportedly voluntarily turned over a gram of marijuana that he had hidden in his pocket. He was charged with unlawful race, marijuana possession, violating probation on a grand theft conviction and a third-time violation of driving with a suspended license – a felony. Continue reading

March 15, 2016

Slew of Traffic Offenses Facing Fort Lauderdale Motorcyclist

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

A Fort Lauderdale motorcyclist is facing nearly a dozen charges after police reportedly had to set up a sting just to catch him. Officers had reportedly spotted the 19-year-old morning after morning on a black Honda bike, weaving through morning rush hour traffic, speeding, pulling wheelies and running red lights.

The officers allege this same man, always wearing a GoPro video camera strapped to his helmet, had three times shook his head no and continued on when officers tried to pull him over. On the third such instance, police allege the motorcyclist refused to stop, ran through a red light and waved to the officer, as if inviting law enforcement to chase him down.

But at that point, police couldn’t follow him through the crush of traffic. Department safety policy prohibits officers from chasing down suspects for traffic offenses or minor misdemeanors. Still, police were eager to stop him. So they set up a sting. Continue reading