domestic violence arrest

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 15, 2022

New U.S. Gun Law Targets “Boyfriend Loophole,” Impacting Florida Domestic Violence Convicts

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

A Florida domestic violence conviction can carry many substantial, long-lasting consequences – not the least of which being restrictions on the Second Amendment right to bear arms. This is why it’s so important to work with an experienced Fort Lauderdale criminal defense lawyer from the very start of your case. Even if the evidence seems stacked against you, we may be able to deploy legal strategies that could reduce the charges or lessen the impact.

The high stakes of these cases were recently underscored in the Congressional action to close the so-called “boyfriend loophole” in gun legislation.

Federal law prohibits anyone convicted of domestic violence in Florida or in any other state from possessing guns. However, that provision was only applicable to individuals who were married to, lived with, or had a child in common with the alleged victim. People who were merely dating (not married, living together, or raising a child together) were not subject to this federal provision.

The new bipartisan gun law changes this, closing the “boyfriend loophole.” Proponents of the measure say this was necessary, given that people spend much more time dating now than they did in the past, carrying on romantic relationships for years or even decades without officially tying the knot.

Additionally, the new federal law allows for expanded background checks on young adults purchasing firearms and gives authorities the power to access certain juvenile criminal records. Lastly, the law allows states to use federal funding to enact and enforce “red flag laws” that give authorities the right to remove guns from anyone they suspect may be a harm to themselves or others. This could potentially be someone accused of domestic violence in Florida.

As it stands, 31 states have some rule on the books barring those convicted of domestic violence from possessing guns. Of those, 19 do cover dating partners convicted of domestic violence. Florida does not have any such provision in its laws, so the new federal law will have a direct impact. Those with misdemeanor convictions who have stayed out of trouble for five years may be able to have their gun rights restored. However, there are exceptions for spouses, parents, guardians or co-habitants – all of whom may still face lifetime firearm restrictions.

Florida Domestic Violence Penalties

January 20, 2020

Fort Lauderdale Domestic Violence Defense Lawyers Discuss Uptick in Arrests During Super Bowl

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

Super Bowl Sunday, slated for February 2nd in Miami this year, has historically been tied to an uptick in Florida domestic violence arrests. Given that numerous football players themselves have been arrested in high-profile domestic violence incidents, the NFL in recent years has begun devoting valuable Super Bowl commercial air time to promote anti-domestic violence public service announcements.

Of course, the Super Bowl itself isn’t responsible for a higher-than-average number of domestic violence arrests anymore than Memorial Day is responsible for a higher-than-average number of DUI arrests. It’s true that emotions are running high for many fans during the game, but alcohol is probably the bigger culprit in many cases.

An Fort Lauderdale domestic violence arrest can come as a shock for those involved, especially if both parties got physically involved. It’s easy to accuse someone in the heat of the moment, but those statements can be difficult to walk back before real damage is done. It should be noted that the alleged victim’s preference of dropping the matter is almost entirely out of their hands by the time police arrive. Police will investigate the matter and take suspects into custody if they believe there is evidence a crime has occurred. Prosecutors are ultimately the ones who decide whether to pursue domestic violence charges. They may take into account the victim’s preference or willingness to cooperate, but that alone won’t dictate whether a case moves forward. In fact, victims can be compelled by subpoena to testify against their will. Continue reading

January 3, 2019

Consequences When College Football Players are Arrested for Domestic Violence in Florida

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

A local college football player is facing serious consequences – on and off the field – following his Broward County arrest for domestic violence. The 21-year-old running back, a junior at Florida International University, has been investigation since mid-June, when a woman he was dating filed a report with the Broward County s Sheriff’s Office, claiming he’d choked her. The case was disposed of in August.

In an odd twist of events, investigators opened a second investigation into the same incident that same month and issued a warrant for his arrest. Based on a report from CBS Miami, that warrant remained active, even while the student continued to attend major games in front of thousands of fans for almost the full season – 11 games – up until his arrest just before Christmas. As a result of the charges, he was not able to play in the Bahamas Bowl, the biggest game of the season.

It’s not clear exactly why it took authorities six months to serve the warrant and make an arrest, such a delay isn’t unheard of.

Digging deeper, this South Florida domestic violence arrest touches on a few issues our criminal defense lawyers feel deserve a closer look. Continue reading

May 1, 2017

Hollywood Police Target Domestic Violence Offenders

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

City police in Hollywood are taking aim at those previously arrested for domestic violence, vowing beefed up penalties and scrutiny – up to and including unannounced, uninvited police checks on individual residences.

The Miami Herald reports the letter, an effort initiated by the city police department’s Domestic Violence Unit, is a way of stopping domestic violence acts that may occur in the future at the hands of designated “C list” violators. The city says it is simply targeting repeat domestic violence offenders with the intent to halt the cycle of repeat abuse. They call this approach “focused deterrence.”

There are many, though, who have been highly critical of this approach – including the Broward Public Defender’s Office, which called the tactic an abuse of power. Essentially, they say, the police are punishing and/ or harassing people for an offense that hasn’t yet occurred and may not ever occur. Continue reading