drug defense attorney

August 2, 2019

When Drug Dealing Ends in Death – Florida Criminal Defense Perspective

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

Florida’s penalties for drug traffickers are harsh. With few exceptions, penalties imposed for homicide are much harsher. But increasingly, when drug users die, their dealers are being charged with their murder – thanks to a 2017 Florida law passed unanimously by the state legislature.

For example last year, a 26-year-old father reportedly died one month after moving from Ohio to Florida, where his girlfriend and son were slated to join him weeks later. The medical examiner reported finding a form of opioid fentanyl in his system, at which point his death investigation became a homicide investigation. Several neighbors were interviewed, after which police identified the suspected dealer of the drugs in the decedent’s system. They arranged two undercover buys, after which time he was arrested for selling drugs near a school – a felony. The investigation continued, and the suspect was charged with first-degree murder in the death of the man who had overdosed.

It’s not that defendants in Florida couldn’t be charged with homicide for dealing drugs that someone later died of on overdose after using. Technically, that law has been on the books since the early 1980s, when the War on Drugs was raging. However, it was rarely used in practice, individuals were rarely convicted and it wasn’t until 2017 that fentanyl was added to the list. Now, our Fort Lauderdale criminal defense lawyers have noted an uptick in these types of criminal case. Those facing first-degree homicide charges in Florida overdose cases can, themselves, face the death penalty.

April 2, 2017

Will Sessions Revive the “War on Drugs”?

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

After decades, it seemed there was finally a general bipartisan consensus – even if unspoken by some – that the so-called, “War on Drugs” was a failed one. Formally kicked off and coined in 1971 by President Nixon, it began with a primary focus on drug addiction treatment. However, it morphed over the next decade with the Reagan’s, “Just Say No” campaign to one of heavy-handed enforcement, including harsh minimum mandatory penalties on even low-level, non-violent drug offenders.

But there was a recognition over time that this hyped enforcement did little to curb drug use, didn’t make communities safer and actually had a disproportionate impact on lower income and minority communities. In the last decade, there has been a reversing trend that once again focuses on treatment and has peeled back some of the tougher penalties for low-level drug crimes. Marijuana is now legal in most states (including Florida) for medicinal purposes and in a handful of states for recreational use and sales.

However, some are concerned that new U.S. Attorney General Jeffrey Sessions may be preparing to crack down once more. Sessions has a long history of disdain for drug use and drug users. Still, some thought it unlikely he would return to policies that had proven unpopular and ineffective. Still, some of his recent comments seem to indicate he may not back down. Continue reading

November 15, 2016

Man Who Won $23K Lawsuit Against Florida Sheriff Arrested for Drugs

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

Dontrell Stephens was awarded $23 million earlier this year by a federal jury after he was paralyzed from the waist down when shot by a Palm Beach County sheriff’s deputy after being stopped for riding his bicycle into traffic.

Now, he is facing felony drug charges for reportedly selling heroin, cocaine and marijuana in close proximity to a preschool. Authorities announced the arrest of the 23-year-old Palm Beach County man in a Facebook post with his mugshot and the hashtag “BUSTED.” It was the first arrest the agency announced since it posted news of an arrest in a 40-year-old murder case. A spokeswoman for the sheriff’s office said the announcement on Facebook had “nothing to do with who he is, but was because he was arrested for selling drugs near a day care.”

Right…

She also insisted the agency wasn’t trying to publicize the arrest because they hadn’t issued a press release to the media. Formal press release or not, most reporters do follow the agency’s official Facebook page and would have seen it featured fairly prominently. Continue reading