Fort Lauderdale defense attorney

September 6, 2016

Patterson v. Florida – Due Process Implications of Destroyed Evidence

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

The Florida Supreme Court has sided with state prosecutors over a criminal defendant in a due process dispute that created conflict between Florida appellate courts.

In the case of Patterson v. Florida, the state high court sided with the 1st District Court of Appeals, which found no due process violation in a case where testimony was admitted from state experts who physically examined evidence prior to its destruction, where a defense expert didn’t have the same opportunity. The 1st DCA had ruled it was only a due process violation if the destruction of evidence happened in bad faith. However, the 4th DCA, when faced with the same issue in Lancaster v. State, a 1984 case, the court had ruled that where destroyed evidence was potentially useful to the defense, this is a due process violation, regardless of whether the destruction was in bad faith.

The state high court in reaching this conclusion relied on the 1988 U.S. Supreme Court case of Arizona v. Youngblood, which held the state’s loss or destruction of evidence that’s potentially useful to the defense violates due process only when done in bad faith. In the Patterson case, the court ruled there was no due process violation because there was no evidence of bad faith. Continue reading

September 2, 2016

Court: Cops Can’t Stop You Just Because Your State Has Legal Weed

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

Drivers in states where marijuana is legal cannot be pulled over in other states by cops who make assumptions based on solely on the origin of the license plate. That’s according to a ruling by federal justices with the U.S. Court of Appeal for the Tenth Circuit.

Mind you, this ruling – Vasquez v. Lewis and Jimerson – is technically only applicable in the Tenth Circuit, which covers the six states of Oklahoma, Kansas, New Mexico, Colorado, Wyoming, and Utah, plus those portions of the Yellowstone National Park extending into Montana and Idaho. However, given that this is not an issue that has arisen at this level in other jurisdictions, it’s likely to have set a clear precedent on the constitutionality of such practices. Some have referred to policing in this manner as, “license plate profiling.”

It’s not as major of a problem here in Florida because not many other nearby states have allowed legal marijuana, even for medicinal purposes. But that’s not to say someone traveling from Washington or Colorado might not get the side eye from law enforcement here. Based on the reasoning of the 10th Circuit, this is wrong. Continue reading

August 9, 2016

Grand Theft Auto v. Carjacking: Both Serious Felony Crimes in Florida

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

There have been a number of recent high-profile cases of theft of motor vehicles in South Florida in recent weeks, with defendants in each case facing serious penalties.

Still, it’s important to note that grand theft auto and carjacking, while both major crimes, are inherently different, which means the approach of prosecutors and defense attorneys will be different as well.

Grand theft auto, as codified in F.S. 812.014, is a third-degree felony, punishable by up to five years in prison and a maximum five of $5,000. It’s on par with theft of a firearm or commercially-farmed animal or a controlled substance. The offense may be bumped up to a second-degree felony if the vehicle involved costs more than $20,000 (but less than $100,000), in which case the penalty is increased to a possible 15 years maximum in prison. Carjacking, meanwhile, is codified in F.S. 812.133, is a life felony if a firearm is used; Otherwise, it’s considered a first-degree felony, punishable by up to 30 years in prison. Carjacking is the act of taking a motor vehicle either by force, violence, assault or putting in fear. Continue reading

August 6, 2016

Murder Sentence of Florida Man Convicted as Teen Reviewed

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

Earlier this year, the U.S. Supreme Court ruled that people sentenced to life in prison as minors deserve to have their cases reviewed to determine whether there is any chance they may in fact be eligible for parole.

Now, the effect of that retroactive split 6-3 decision is that courts are beginning to take on these sentencing reviews of decades-old cases.

Our Fort Lauderdale defense attorneys know this type of situation requires a legal team with extensive experience. Even though the entire case isn’t being retried, many of the considerations that will need to be weighed will involve delving into decades-old circumstances. We would look to see how we might counter any aggravating factors raised by the prosecution and how to effectively present any mitigating circumstances that may serve to lower the final sentencing. Continue reading

July 24, 2016

Army Sergeant Arrested in Broward for Underage Sex Crimes

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

A U.S. Army sergeant is facing serious felony charges after the 26-year-old reportedly showed up at an agreed-upon location with lubricant, candy, condoms and cash for what he thought would be an encounter with two young girls, ages 12 and 14.

Instead, was greeted by agents with both the Broward County Sheriff’s Office and the Federal Bureau of Investigation (FBI). He apparently did not realize he had been communicating with an undercover law enforcement officer.

According to the Sun Sentinel, Alexis Kirk Torres was reportedly in the process of transferring from Hawaii to a new base for a different assignment. However, he now faces charges of soliciting or enticing underage children to engage in a commercial sex act. Continue reading

June 10, 2016

Florida Domestic Violence Arrest of Former NFL Linebacker’s Wife

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

We hear so much these days not only about domestic violence in general, but also about instances of abuse allegedly carried out by sports stars – and football players in particular.

According to a USA Today database of NFL player arrests – 821 in total – dozens are for domestic violence, including Denver Broncos’ Montee Ball in February (for allegedly striking his girlfriend in the face), Kansas City Chiefs’ Justin Cox (twice arrested for domestic violence in eight months), San Francisco 49ers’ Raymondo McDonald (allegedly assaulting a woman holding a baby), Detroit Lions’ Rodney Austin (accused of pushing the mother of his child and damaging her phone), 49er Bruce Miller (accused of misdemeanor domestic violence battery).

Those incidents occurred just within the last 12 months. It was so bad in recent years that in December 2014, the NFL announced a new domestic violence policy that includes a more extensive list of prohibited conduct, counseling and services for victims and families, independent investigations and a baseline suspension of six games for any violations that involve assault, battery, domestic violence, dating violence, child abuse or sexual assault. Continue reading

March 26, 2016

Broward Sex Crimes Dating Back 20 Years Now Prosecuted

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

“Justice delayed is justice denied,” goes the old saying.

And this is as true for a defendant as it is the victim. That’s because when cases are filed five, 10 or 20 years or more after an alleged crime, it becomes exceedingly difficult to challenge the veracity of the charges. Witness memories fade. People retire. Others die. Receipts that might have verified or disproved certain elements are gone. Records are trashed.

That’s why if you are accused of a Broward sex crime that involves years-old allegations, you must hire an experienced defense attorney to help ensure your rights are protected.

One such case was recently reported by The Sun Sentinel, involving a Pembroke Pines defendant accused of raping one child and molesting another two decades ago. Continue reading

February 27, 2016

Alligator Drive-Thru Assault: “It Was a Prank”

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

A 24-year-old South Florida man stands accused of assault with a deadly weapon for throwing a live alligator into a fast-food restaurant drive-thru window. His father recently spoke out, saying his son is a “nature lover” with a “good heart,” and the ordeal was simply, “a prank.”

Unfortunately, intent in these matters is of little consequence in the eyes of the criminal justice system. He allegedly willfully tossed the 3.5-foot creature at the unsuspecting fast food workers would, if proven, render his reported lack of harmful intention meaningless.

In fact, it has been our experience that most people accused of criminal conduct had failed to fully grasp the seriousness of their actions under the law. Sometimes this, along with a lack of prior criminal record and other factors, can be asserted as mitigating circumstances to justify a lesser penalty. However, it cannot on its own be grounds to drop the charges entirely. Continue reading