South Florida criminal defense attorney

February 3, 2024

Defense Attorney Richard Ansara Quoted by Sun Sentinel on Proposed Florida Stalking Law

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

South Florida criminal defense attorney Richard Ansara was recently interviewed by the South Florida Sun Sentinel for an article about a proposed Florida bill that would increase the severity of stalking offenses involving the unauthorized use of wireless tracking devices. As a criminal defense lawyer representing South Florida clients accused of domestic violence, Richard Ansara is uniquely qualified to weigh in on proposed legislative change.

As it stands, F.S. 934.425 outlaws the unauthorized installation of tracking devices or tracking applications – including surveillance software on phones. With very few exceptions, you cannot install a tracking device on someone’s phone, computer, car, person, etc. without their consent. To do so is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.

A new Florida bill would bump the offense up to a third-degree felony, which would make it punishable by up to 5 years in prison and a $5,000 fine.

Proponents of the law say the current law gives police little power to properly investigate complaints because they lack the authority to obtain a search warrant per F.S. 933.02 that could help ascertain who bought the device, downloaded the software, or is using the tracker to keep tabs on a victim. If the offense of unauthorized tracking were increased to a felony, then police would have greater authority to obtain a search warrant.

A big problem Criminal Defense Lawyer Richard Ansara has with that is it addresses the wrong thing. If the only reason to make unauthorized use of a tracking device a felony as opposed to a misdemeanor is so that police can obtain search warrants, it begs the question: Why not modify the law on search warrants? Why should the penalty for unauthorized use of a tracking device be substantially greater than for an actual physical assault on someone?

As Ansara told The Sun Sentinel:

“People do desperate things in relationships, specifically when they are trying to determine whether infidelity is occurring. Some may decide to drop an AirTag in a spouse’s vehicle and or clothing to try to get to the bottom of what is happening in their relationships. Is this correct behavior? No.

“Should this behavior be punished more harshly than someone who straight up punches their spouse in the face? Absolutely not. That person would only be charged with a misdemeanor battery.” Continue reading

October 25, 2023

To Testify or Not to Testify? Fort Lauderdale Criminal Defense Lawyer Weighs In

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

One of the thorniest issues for any Fort Lauderdale criminal defense lawyer and client is whether the defendant should take the stand and testify in their own defense.

Although we understand the general inclination of our clients to “have their day in court,” clearing your name isn’t nearly as simple as courtroom TV dramas might suggest. It’s true that a defendant’s testimony can make or break a case. But that also means any defendant who takes the stand in their own Florida criminal trial is also taking some enormous risks. Sometimes it’s necessary, but it’s never a judgment call that should be made flippantly.

It’s important to point out that few criminal cases in Florida ever make it to the trial phase. The vast majority are either dismissed or settled with plea agreements, typically on reduced charges. Having a skilled defense attorney might increase the odds that your charges will be dropped early on, but it could also boost the chances of a trial. That’s because with a knowledgeable advocate,. you’re far less likely to settle in cases where there is weak or minimal evidence against you.

Y0u Aren’t Required to Testify in Your Criminal Case

While the court system has ways of compelling testimony from other witnesses in your case, the Fifth Amendment to the U.S. Constitution essentially prohibits an inquisition. You are protected against being compelled in any case to be a witness against yourself.

That same protection is outlined in Section 9 of the Florida Constitution, where it states that “No person shall be… compelled in any criminal matter to be a witness against oneself.” Prosecutors can’t use this fact against you for declining to do so, and you can’t be penalized for it.

So if you don’t want to testify, you are under zero obligation to do so. And there may be very good reasons your Fort Lauderdale defense lawyer might agree with that’s the best course of action.

What Do Fort Lauderdale Defense Lawyers Typically Advise?

March 31, 2019

South Florida Defense Attorney’s Take: When One Defendant’s Trash is a Prosecutor’s Treasure

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

The saying goes that one man’s trash is the next man’s treasure, basically meaning that we all place different value on material goods. But in the case of a South Florida defense attorney, it’s more likely to refer to the fact that you’re literal trash may be the treasure of a prosecutor seeking to put you behind bars.

With the proliferation of DNA evidence as key to prosecutions, digging through a suspect’s trash has become a growing source of evidence for many state and federal attorneys. Generally speaking, unlike the contents of your home or even a DNA test of your own bodily fluids, once your trash is carried to the garbage for disposal, it becomes fair game for law enforcement authorities to access – without a warrant. As established in the 1978 federal case of U.S. v. Crowell by the U.S. Court of Appeals for the Fourth Circuit, you have no reasonable expectation of privacy per the Fourth Amendment for the garbage you place outside for collection. In fact, so-called “trash pulls” have become a veritable treasure trove for some narcotics units in Florida. In some cases, it even becomes the basis for securing a search warrant on your actual home.

However, it’s not unheard of for police agencies to get too hasty in their quest to gather evidence sufficient for probable cause to secure a warrant to fail to obtain adequate evidence prior to requesting that warrant. For example, simply finding cocaine residue or marijuana seeds in the bottom of a trash bin may in fact be insufficient, thus leading to an affidavit that is deficient for the warrant that is ultimately signed. Based on the fruit of the poisonous tree doctrine, that could mean everything that is found thereafter is inadmissible (if your criminal defense lawyer files a motion to suppress) – and may result in an entire case being tossed. Continue reading

December 26, 2015

Former Sheriff Deputy Guilty of Receiving Child Pornography

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

He had just turned 22 and his love interest was 15. Years ago, it might simply have been considered a Romeo-and-Juliet story.

But this is modern day, and he was a Pasco County Sheriff’s deputy and that 15-year-old was legally a child. That meant the short video clip the teen sent to his older paramour of himself engaged in a personal sex act was child pornography.

For this exchange and for driving to meet that teenager, fired deputy Matthew Bondi, a Deerfield Beach native, has pleaded guilty to a federal child pornography charge, as codified in 18 U.S.C. 2252(a)(2). By knowingly receiving a visual depiction of a minor engaged in sexually explicit conduct, he committed a crime formally classified as sexual exploitation of a minor. Now that he has pleaded guilty, Bondi faces a minimum of five years and a maximum of 20 years in federal prison. The Sun-Sentinel reports he is expected to be sentenced early next year. Continue reading