Fort Lauderdale defense attorney

November 8, 2023

Could Florida Gun Possession Under Domestic Violence Restraining Order be Legalized?

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

The U.S. Supreme Court is poised to decide whether to uphold a federal law that prohibits individuals subject to a domestic violence restraining order from possessing firearms.

The case is U.S. v. Rahimi, and it involves a Texas man accused of striking his girlfriend during an argument and later threatening to shoot her.

As Fort Lauderdale criminal defense lawyers who have represented defendants in matters of domestic violence, domestic violence restraining orders, and unlawful firearm possession, we’ve been watching the case closely. Although it comes down to federal law (18 U.S.C. §922(g)(8)) and we primarily handle state-level cases, there could certainly be some ripple effects if the justices err on the side of the right to bear arms.

Despite the conservative bend on the bench and the fact that justices expanded gun rights last year, many legal scholars are concluding it unlikely justices will go against the grain on this federal law in the Rahimi case. A federal appellate court in that matter struck down a 1994 federal ban on firearms for those under court order to stay away from their partners or spouses.

Whatever they decide, it could have implications for lots of other cases – including a pending matter involving President Joe Biden’s son, Hunter Biden. The younger Biden is facing criminal charges for purchasing a firearm while addicted to drugs, something that is also prohibited under federal law, though less commonly enforced as the domestic violence restraining order restriction.

As noted during the SCOTUS oral arguments, the existing federal background check system has blocked some 75,000 gun sales to those subject to domestic violence protection orders over the last 25 years.

What the Federal Law Says

The federal law says it’s unlawful for a person who has a protection order (a Florida judgment of injunction for protection of domestic violence meets this definition) in effect to possess guns or ammunition, to ship or transport guns or ammunition interstate, to receive any that have been so shipped or transported, or to have any that have been seized returned to them. The respondent in that case must be identified as an “intimate partner” (spouse, ex-spouse, co-parent, or person who lives/has lived together with victim). There are exemptions for police and active military members who who are required to possess service firearms as part of their job.

If a person is convicted of a domestic violence offense, they are permanently disqualified from possessing a gun or ammunition – and there’s no official use exemption in that case. Even if the case is expunged, the court can still retain that firearm prohibition.

Violate the federal firearm law on this, and you’re facing up to 10 years in federal prison and/or a $250,000 fine.

However, as our Fort Lauderdale defense attorneys can explain, even the repeal of the federal law wouldn’t necessarily mean these prohibitions would magically disappear. That’s because we still have state firearm restrictions for domestic violence injunctions with which to contend.

Florida Firearm Possession Rules for Subjects of Domestic Violence Injunction Continue reading

August 15, 2023

Defense Strategies in Fort Lauderdale Domestic Violence by Strangulation Cases

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

The charge of domestic violence often conjures up images of bruises, black eyes, and broken bones. But one of the most serious Florida domestic violence offenses often leaves no marks at all.

If you are arrested for domestic violence by strangulation in Fort Lauderdale, it’s important to understand that this charge is much more serious than a typical domestic violence battery case. Florida lawmakers made the point of carving out an entirely separate statute for the offense of non-fatal choking or strangulation. Rather than being a misdemeanor punishable by up to 12 months in county jail, (as most domestic violence charges are), F.S. 784.041 makes domestic violence strangulation a third-degree felony, which is punishable by a maximum of 5 years in state prison.

It does not require proof of great bodily harm, permanent disability, or permanent disfigurement (which IS required for other domestic violence battery incidents to be charged as a felony). In 2019, a Florida district appellate court ruled in Lopez-Macaya v. State that there’s no need to prove the victim suffered actual great bodily harm – only that the defendant’s alleged actions created the risk of great bodily harm.

Despite the fact that only 50 percent of alleged strangulation victims have visible injuries and only 15 percent have injuries that can be photographed at the time police respond, officers are often quick to make an arrest on this charge if the accuser makes the allegation. That can mean you’re facing a felony despite very little evidence, but you still need to take the possibility of conviction very seriously because prosecutors aren’t likely to tread lightly. That’s because this act is singled out as a major red flag that domestic abuse has escalated to the point of a potential fatality. Continue reading

February 27, 2023

Fort Lauderdale Criminal Defense Lawyer Explains Upside of “Withholding Adjudication” in Florida

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

If you’re arrested in Broward County, you might qualify for a Florida criminal case outcome that involves “withholding adjudication.” As a Fort Lauderdale criminal defense lawyer can explain, this is a type of case outcome that isn’t a conviction – but it isn’t an acquittal or dismissal either. If you’re likely to be convicted, a judge’s decision to withhold adjudication can be a preferrable outcome. However, if you’re innocent and/or there’s strong evidence supporting your defense, it may not be in your best interest to agree to an outcome of withholding adjudication.

It’s really important if prosecutors offer a plea deal in a criminal case that involves withholding adjudication that you confer first with an experienced South Florida criminal defense attorney who can explain how this is likely to play out in your case, and whether it’s wise given the unique circumstances of your situation. There are many scenarios for which fighting the charges or agreeing to plead guilty to a lesser charge is actually your best option.

What Does It Mean to Withhold Adjudication?

Essentially, withholding adjudication is a means of suppressing judgment. Per F.S. 948.01, judges in Florida are empowered to withhold adjudication for certain offenses and certain defendants. A person whose case ends in the judge withholding adjudication will face some sanctions (which will include probation), but not a formal conviction (unless they violate certain terms of the agreement).

This option is generally extended in cases involving:

First-time offenders.
Individuals not likely to re-offend.
Victims who were not seriously injured.
Those NOT facing first-degree felony, life felony, or capital felony charges.
Defendant is NOT facing a third-degree domestic violence charge – unless the prosecutor has made a special request OR the court finds there are mitigating circumstances (per F.S. 775.08435).
Defendant is NOT facing a DUI charge.

Although adjudication withheld can technically be granted for those facing second-degree felonies and third-degree felonies, it’s generally unlikely unless there are mitigating circumstances and the defendant has no history of prior offenses.

Adjudication withheld does NOT mean that the charges have been dropped (i.e., a nolle prosequi). Only the state attorney’s office can do that. Furthermore, while it’s technically a means to avoid conviction, some out-of-state commercial and government organizations may not recognize a “withhold” issued in Florida. Instead, they view it akin to conviction. As to whether you’re required to disclose these cases in paperwork for employment, financial assistance, housing, etc., it depends on how the question is asked. If the question is, “Have you ever been arrested or charged with a criminal offense?” your answer may still need to be “Yes.” If the question is whether you’ve been convicted, you can safely answer “no,” at least where this specific charge is concerned.

It’s also worth pointing out that if the case for which you’re seeking to have adjudication withheld involves a civil traffic violation that you’re hoping won’t show up on your commercial driver’s license record: No dice. Federal law – specifically 49 CFR 384.226 – prohibits this.

Benefits to Adjudication Withheld in Florida

All that said, having a criminal conviction “withheld” can be a best-case-scenario alternative outcome in cases where there’s strong evidence to support conviction. Our Broward criminal defense attorney team will try to do all we can to advocate for adjudication withheld in cases where it makes good sense to do so. Continue reading

January 30, 2019

Defense Attorneys: LGBTQ Partners Can be Arrested for Domestic Violence in Florida

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

When it comes to domestic violence arrests and prosecutions, the State of Florida does not discriminate or give a pass to those in same-sex relationships. F.S. 741.28 defines domestic violence as any assault, battery, sexual violence, stalking, kidnapping or false imprisonment involving a family or household member by another. The law expressly states this is to be interpreted to include spouses, former spouses, persons related by blood or marriage, people living together as if they are a family or have in the past or those who have a child together, regardless of whether they were ever married or not. Florida was one of the first states to establish precedence in case law ensuring civil protection orders would be available in LGBTQ relationships.

Fort Lauderdale domestic violence defense attorneys know this is not to say it hasn’t been something with which law enforcement here hasn’t struggled to an extent; The Department of Children and Families has had to expressly identify gay men and lesbian women as a special population with unique needs that may require tailored responses from responding authorities. But despite the U.S. Supreme Court’s 2015 ruling the 14th Amendment guaranteeing same-sex couples the right to a legally-recognized marriage in each state, some regions of the country are still grappling with how to align this with narrow criminal statutes that in some cases were written with the intention to delegitimize these relationships. When there is conflict or alleged violence in LGBTQ relationships, it can lead to confusion for all parties about their rights and where things stand.

In South Carolina, one of just three states noted by the American Bar Association’s Commission on Domestic Violence to expressly exclude same-sex couples from obtaining civil protection orders against one another, prosecutors are considering bypassing a series of magistrate rulings dismissing domestic violence charges involving gay and lesbian couples for lack of probable cause. The magistrates, all from the same county, cite state law defining a “couple” as consisting solely of one man and one woman. That state law was struck down as unconstitutional in 2017, and affirmed in a state attorney general’s opinion earlier this year, clarifying prosecutors were permitted to pursue criminal charges for domestic violence involving homosexual couples. Local media reports at least half a dozen domestic violence charge dismissals. However, prosecutors have the option to file indictments directly with state circuit. Continue reading

August 8, 2018

Is it Legal for Police to Search My Smartphone in Florida Without a Warrant?

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

Police and other law enforcement officers are increasingly asking people to turn over their cell phones, whether in the course of a traffic stop, after a motor vehicle collision or in the course of investigating the crime. A record number of people in America now have smartphones – nearly 80 percent according to Pew Research Center, which further noted among 18-to-29-olds, smart phone ownership exceeded 92 percent.

It should be obvious why investigators want to get their hands on these devices: They are a treasure trove of information and can make their jobs a whole lot easier. It’s hard to imagine even just a few short years ago, cell phones were solely verbal and texting communication devices. Now, they contain scores of sensitive and personal information, including calendars, emails, personal and professional contacts, music files, verification of recent purchases, bank records, public social media engagement (including personal messages) work files, browser history of recent websites and of course saved photos and videos. This is not information you want – or usually that they never need – to see.

As Fort Lauderdale criminal defense attorneys at The Ansara Law Firm can explain, the 4th Amendment to the U.S. Constitution protects people from unreasonable searches and seizures. There are numerous reasons why cell phone information should remain private – not the least of which for a potential defendant is the fact that it could give police and prosecutors key evidence against you. But even if you have nothing to hide, it’s generally unwise to simply hand your phone over on request. Plus – you aren’t required to do so unless the officer has a warrant. Continue reading

March 28, 2018

Florida Arrest Diversion Bill Considered by State Lawmakers

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

Florida lawmakers are considering a pre-arrest diversion program – something many counties and judicial circuits already offer – that would be uniform throughout the state. HB 1197 and companion bill SB 1392 would create two separate pre-arrest diversion programs in each judicial circuit in Florida.

The measure calls for a diversion program for adults and another for juveniles. The basic goal is to offer certain misdemeanor offenders the opportunity to complete community service, drug treatment and other requirements in lieu of sending their case down the criminal justice pipeline. Those who fail to successfully complete the diversion program requirements would be adjudicated through the typical process. However, those who are successful would have the opportunity to avoid a criminal record entirely, and could have record of their arrest sealed or expunged.

The bill would grandfather in existing diversion programs, so long as it was operational before the measure passed and new programs will be allowed so long as the state attorney determines it will be in compliance with the state law. Supporters of the measure say that while many circuits do already have such programs, the lack of consistency is problematic. Introducing a uniform framework with specific guidelines for law enforcement and prosecutors will streamline the process. Continue reading

January 18, 2017

The War on Drugs and Your Driver’s License

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

In the 1980s and into the 1990s, many states adopted severe drug sentencing policies that resulted in packed prisons across the nation. Corrections costs were driven to near bankruptcy and communities, families and individuals’ lives were torn apart – all for drug offenses that were often non-violent and usually related to a cycle of relentless addiction.

As states have begun moving away from these types of policies, including minimum mandatory sentencing, it may also be time to explore whether the forms of punishment meted out are truly necessary and effective. One of those is the driver’s license suspension. Usually, people would loose their driver’s license for a period of time if they were arrested or convicted of an offense like drunk driving or reckless driving. However, they would usually have it returned after a certain time frame and completion of various requirements, such as paying fines and completing driver’s education classes. This ability to regain one’s license is important because in our modern society, one needs to have the ability to get to work, provide for their families and address their medical needs. The thinking goes we should only revoke the privilege when the individual has proven a threat to others on the road. But this kind of reasonable consideration was tossed aside when the War on Drugs came along.

Drug offenders started being denied all kinds of public services, and in the 1990s, Congress threatened to slash federal highway funds to states that didn’t revoke licenses of people convicted of drug offenses. So of course, some did, though a fair number also opted out when they learned how harmful these suspensions were and also how much it cost to oversee the process. Continue reading

November 10, 2016

Teen Arrested for Fatal Hit-and-Run Crash in Coral Springs

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

He’d just turned 18 and, according to police, was celebrating this milestone with a joyride in a stolen BMW late last month. But in those predawn hours, the teen is accused of using his cell phone and not paying attention to the road, causing him to slam into a sport utility vehicle, killing the other driver, age 39.

Now, that teenager is facing criminal charges that could lock him up for longer than he’s been alive.

Prosecutors have charged Gregory Holt with a series of charges, including failure to stop at the scene of an accident involving death, failure to render aid, vehicular homicide and driving without a license involving death. The collision occurred Sept. 25th, and a Broward judge recently set bond for the teen in the amount of $175,000. Prosecutors had been asking that he be held for at least $250,000. A passenger with Holt, who was not injured in the crash, was the one who told investigators Holt was using his phone and being inattentive to the road, and may also have been smoking marijuana and drinking alcohol. The vehicle had allegedly been stolen from a home in Coconut Creek that had been rented through Airbnb for a party that had a turnout of 150 people (unbeknownst to the owner). Continue reading

October 25, 2016

Florida Supreme Court Rejects Dippolito Appeal, Case Set for Second Trial

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

The high-profile murder-for-hire plot case of Dalia Dippolito is slated for a second jury trial before the end of the year, now that the Florida Supreme Court has refused to hear a request from defendant to toss out the charges.

In the matter of Dippolito v. Florida, justices gave no explanation for the denial, saying only it was denied upon review. A circuit judge had denied her dismissal request earlier this year. Florida’s Fourth District Court of Appeal rejected her request without even holding a hearing.

The bizarre case out of Boynton Beach has raised all sorts of issues about entrapment and whether the alleged plot was ever real to begin with. According to ABC News, Dippolito is accused of concocting a scheme to kill her former husband when they were just newlyweds. She reportedly, with the help of a friend, helped to hire a “hit man,” who was actually an undercover detective, to kill her husband. Continue reading

September 29, 2016

FSU Coach Arrested for DUI in Florida, Suspended

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

Florida State University football team’s strength & conditioning coach was suspended for a month without pay following his Florida DUI arrest in Tallahassee, following a blow-out party with crew members of the “Showtime” network.

According to The Tallahassee Democrat, Coach Vic Viloria spent the evening drinking whiskey on the Florida State campus, first at his office and then, after deeming that “inappropriate,” fearing other employees might see, moving to the Showtime crew’s trailer. Although he initially planned to “sleep it off” in his office (a wiser choice), he chose to drive home early on a recent Saturday morning. However, he did not make it home before he was stopped by police. The FSU team and its season is the focus of Showtime’s latest series, “A Season With,” which debuted this month. Viloria said he was given a bottle of whiskey by the crew to celebrate the closing of the preseason camp. He reportedly opened the bottle in his office and shared it with three Showtime crew members.

The case is illustrative of the fact that a Florida DUI arrest can impact multiple areas of your life. Obviously for someone with a high-profile position like Viloria, the impact is severe. In this case, the 30-day suspension handed down by the university represents one-third of the team’s regular season schedule, which spans a total of 12 games. The suspension began Sept. 2 and will last through Oct. 1. Continue reading