Fort Lauderdale criminal defense attorney

September 17, 2016

Florida Supreme Court Considers Expert Witness Standard Changes

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

Three years ago, Florida legislators passed a controversial bill that affected almost every kind of court case in the system – including criminal cases. The change involved the standard to which expert witnesses are held in court. Their expert qualifications, their methodology, their testimony – all of this came under greater scrutiny when justices did away with the previous “Frye Standard” and instead adopted the “Daubert Standard,” which is used in federal courts and in most other states.

This was largely deemed a positive move for two groups: Criminal and corporate civil defendants. However, personal injury lawyers and some state attorneys have taken issue with it. The Florida Bar is the group that has asked the Florida Supreme Court to consider reverting back to the Frye Standard.

The Frye standard asks the judge to consider whether to allow expert witness testimony into evidence based only on whether the it represents principles that are considered generally accepted in that particular field. The Daubert standard, meanwhile, requires judges to use a more stringent standard. Judges are asked to allow the expert witness testimony only if it’s based on sufficient facts or data, if it’s the product of reliable methods and principles and the expert witness has applied the methods and principles of the case correctly. Often, this requires something of a mini-trial before the trial. Continue reading

September 15, 2016

Florida Man Arrested by Federal Authorities for Online Threats

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

A Florida man has been arrested by the FBI on federal charges for allegedly making Facebook threats against the LGBTQ community at events in both Wilton Manors and nearby Fort Lauderdale, according to The Sun-Sentinel.

Fifty-year-old Craig Jungwirth is accused of violating federal statutes on interstate commerce when he reportedly made reference to the Pulse nightclub massacre in Orlando and made numerous threats against LGBTQ events planned over Labor Day weekend. Additionally, he was charged with driving on a suspended license, an unrelated offense.

A six-page FBI affidavit that formed the basis for the arrest accuses Jungwirth of sending communication that threatened to kidnap or injure another person. A conviction on the federal charge could result in up to five years in prison, a $5,000 fine or both. He was taken to jail in Seminole County, but is facing charges in federal court. Continue reading

May 9, 2016

Broward Robbery Confession From Defendant’s Twin Stalls Case

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

Tramaine Beard was preparing to stand trial in Broward County for armed robbery when the case took a turn that even Beard’s own criminal defense attorney wasn’t expecting: His twin brother, an ex-felon, was prepared to confess.

But as the jury selection was getting underway, defendant excused himself for a restroom break – and disappeared. The judge issued a bench warrant for his arrest while his attorney called his cell phone and tried to convince him to come back to court.

That’s unlikely to be the end of this strange story, with numerous twists and turns as reported by The Sun-Sentinel. 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

February 17, 2016

Florida Official Accused of Keying Car in Neighbor Spat

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

Ron Cacciatore is a man who has spent his life in Broward law enforcement. He worked for years as an undercover agent, targeting drug traffickers. He took on high-profile, influential members of organized crime. He even spoke at one about about running for Broward sheriff himself.

But now, he’s on the other side of that coin. The 62-year-old, who currently serves as the head fraud investigator at the Broward Property Appraiser’s Office, was recently accused of taking a key to vandalize the car of a 73-year-old neighborhood association president, who has been sparring with his 43-year-old stepdaughter.

This is according to The Sun-Sentinel, which alleges the source of this quarrel spans a full five years – and the tenure of two association presidents. In all this time, there have been reports of conflicts between those involved that resulted in hair-pulling, biting and restraining order filings. And now, reportedly, it’s culminated in vandalism by a high-ranking county official and retired lawman. Continue reading

February 1, 2016

Broward Marijuana Citation Program to Launch

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

Broward County leaders are pressing ahead with lesser penalties for marijuana possession, plunking down $175,000 to launch a civil citation program and hire a coordinator who will steer it.

Previously, arrests for marijuana possession in Fort Lauderdale resulted in a misdemeanor charge, punishable by up to one year in prison. Now, anyone caught with less than 20 grams of the drug (or its derivatives, such as hashish) may instead receive a civil citation. Twenty grams is about 3/4 of an ounce. The fine schedule is $100 for the first ticket and $250 for the second and $500 for the third.

A person who receives a citation would have the option to instead opt to do community service, successfully complete a drug treatment program or appeal, as opposed to paying the fine. Continue reading

December 21, 2015

Troopers Suspect Drunk Driving in Fatal Crash on I-75 in Oakland Park

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

The driver who rear-ended an Oakland Park food truck in September, causing fatal injuries to one of the passengers, is believed to have been under the influence of alcohol, according to investigating troopers with the Florida Highway Patrol.

According to a newly-released search warrant obtained by The Sun-Sentinel, driver Joseph Decaro Jr., co-owner of a Bonefish grill in Plantation, told the trooper he was taste-testing holiday martinis with the bartenders just an hour before the crash. Decaro, who has not been arrested or charged with any crime as of this writing, allegedly told the trooper he had left work about a half hour prior to the crash and had nothing to drink a half hour before he left the restaurant.

Authorities say Decaro was operating an F-150 truck when he rear-ended a food truck in which 54-year-old Patsy Jane D’souza was riding. She wasn’t wearing a seat belt and was ejected onto the highway, where she died. The 48-year-old food truck driver suffered minor injuries.

Decaro, 45, of Miami, reportedly told the investigating troopers on scene that he and his staff were instructing bartenders on how to make certain martini drinks to ensure they were properly mixed. As he described it, he consumed, “A sip of this one, a sip of that one. Make another one, sip of this one, sip of that one.” Continue reading

December 5, 2015

False Teeth Fraud Inquiry Morphs Into Child Porn Investigation in Sunrise

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

Marino Vigna was a dentist who primarily treated geriatric patients suffering from dementia in nursing homes throughout Southeast Florida.

The Florida Attorney General’s office launched an investigation back in 2012 when they received information indicating the dentist may have been engaging in fraudulent billing practices. There were allegations he was charging for services he never completed. In other cases, there were instance in which it was alleged patients had dental work completed when it wasn’t necessary.

In search of billing records that might support these assertions, state investigators seized several office computers in June of this year. These included hard drivers and business records. But when they opened those records, they allegedly found something else entirely: Child pornography. Continue reading