Fort Lauderdale Criminal Attorney Blog

November 24, 2024

Field Sobriety Tests: What Fort Lauderdale Drivers Should Know About Their Accuracy and Limitations

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

Field sobriety tests (FSTs) are a common tool used by Fort Lauderdale law enforcement officers to determine whether a driver is impaired. These tests are often administered roadside after an officer pulls over a driver they suspect of driving under the influence (DUI). However, the accuracy and reliability of these tests are not as solid as they may seem. As a Fort Lauderdale criminal defense lawyer, I see firsthand the limitations of FSTs, which can be affected by numerous factors unrelated to alcohol. Understanding these limitations and possible defense strategies can be crucial to protecting your rights if you’re facing a DUI charge based on field sobriety test results.

Types of Field Sobriety Tests

There are three main types of standardized field sobriety tests that Fort Lauderdale officers use, which were developed by the National Highway Traffic Safety Administration (NHTSA):

Horizontal Gaze Nystagmus (HGN) – During this test, the officer asks the driver to follow a small object, like a pen, with their eyes. The officer looks for involuntary jerking of the eyes, which is believed to be more pronounced when someone is under the influence of alcohol.
Walk-and-Turn Test – This test requires the driver to take nine steps, heel-to-toe, along a straight line, turn, and walk back in the same manner. The officer observes for signs of impairment, such as losing balance, missing steps, or failing to follow instructions.
One-Leg Stand Test – Here, the driver must stand on one leg with the other about six inches off the ground while counting aloud. The officer watches for indicators of impairment, such as swaying, using arms for balance, or putting the foot down.

Limitations and Inaccuracy of Field Sobriety Tests

Field sobriety tests are subjective and can often yield inaccurate results. While these tests may be standardized, they are still susceptible to human error, environmental factors, and the physical condition of the driver.

Some common limitations and inaccuracies that can arise:

Physical and Medical Conditions: Certain medical conditions, such as inner ear disorders, neurological issues, or physical injuries, can mimic signs of impairment, leading to inaccurate results. For example, someone with vertigo may struggle with balance during the one-leg stand test, even if they are not impaired.
Environmental Factors: Uneven road surfaces, weather conditions, poor lighting, and nearby traffic can all affect the accuracy of field sobriety tests. If the walk-and-turn test is performed on an uneven surface, a sober person may have difficulty maintaining their balance.
Officer Interpretation: FSTs rely heavily on an officer’s interpretation of the driver’s performance. Officers may unintentionally misinterpret a driver’s actions, particularly if they expect impairment. Small errors, like missing a step or swaying slightly, may be noted as signs of intoxication even when they aren’t.

In the landmark case of State v. Taylor, 648 So. 2d 701 (Fla. 1995), the Florida Supreme Court recognized that field sobriety tests are not scientifically reliable for determining intoxication and that these tests must be corroborated by other evidence to hold up in court. This case underscores that FSTs alone do not definitively prove impairment and may be challenged in a South Florida courtroom.

Defense Strategies for Challenging Field Sobriety Tests

An experienced criminal defense attorney in Fort Lauderdale can employ a variety of strategies to challenge field sobriety test results in DUI cases.

Some common criminal defense strategies: Continue reading

November 16, 2024

Consequences of a Broward Domestic Violence Injunction: What You Need to Know

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

Domestic violence injunctions (commonly called restraining orders) can have serious, life-altering consequences for those accused. While these orders are designed to protect individuals from harm, they can sometimes be issued hastily, with little evidence, creating challenging situations for the accused. As a Fort Lauderdale criminal defense lawyer, I see the far-reaching effects these injunctions have on people’s lives—from limitations on employment and housing to restrictions on child custody and firearms rights.

If you or someone you know is facing a domestic violence injunction, understanding its implications and possible defense strategies is critical.

Types of Domestic Violence Injunctions in Florida

Florida law allows for several types of injunctions under Chapter 741 of the Florida Statutes. Each serves a different purpose, but all have significant consequences if issued:

Domestic Violence Injunctions – Protects individuals who have been victims of violence by family or household members. This injunction can apply if there has been physical abuse, threats, or harassment.
Repeat Violence Injunctions – Issued when two or more acts of violence or stalking have been committed against the petitioner, regardless of relationship.
Dating Violence Injunctions – Designed to protect individuals in a romantic relationship when one partner has threatened or committed violence.
Sexual Violence Injunctions – Applicable when an individual has been a victim of sexual assault or violence, regardless of the relationship to the offender.
Stalking Injunctions – Protects individuals who have been stalked, either physically or online.

Immediate and Long-Term Consequences of an Injunction

Broward County domestic violence injunctions impose a variety of restrictions that can impact every facet of life.

Here are some of the main ways an injunction affects the accused: Continue reading

November 6, 2024

Can You Get a DUI Charge Dismissed? Common Defense Strategies of Fort Lauderdale DUI Lawyers

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

Facing a Fort Lauderdale DUI charge can be an overwhelming experience. But it’s important to remember that an arrest doesn’t necessarily mean conviction. In Florida, DUI charges are serious, with potentially life-altering consequences that include hefty fines, license suspension, and even jail time. However, there are ways to fight these charges. Working with an experienced Fort Lauderdale criminal defense attorney can open up several defense strategies that may lead to reduced charges—or even a dismissal.

Here’s a look at some common and effective DUI defense strategies in Fort Lauderdale and how they might apply to your case.

1. Challenging Field Sobriety Tests

Field sobriety tests, which typically include the “walk-and-turn,” “one-leg stand,” and “horizontal gaze nystagmus” (eye movement test), are often administered by a deputy or police officer at the scene of a DUI stop. These tests are supposed to help law enforcement officers gauge whether someone is under the influence. But they are far from foolproof. In fact, many factors unrelated to alcohol consumption can influence performance on these tests, such as anxiety, fatigue, weather conditions, and physical limitations.

For example, in the case of State v. Bastos, 985 So. 2d 37 (Fla. 2008), the court acknowledged that field sobriety test results could be questioned if the testing environment was compromised or the instructions were unclear. If an attorney can demonstrate that the test was improperly administered, or that external factors made the results unreliable, these test results might be deemed inadmissible in court. An experienced Fort Lauderdale DUI lawyer can thoroughly investigate how the test was conducted and whether it was fair.

2. Questioning Breathalyzer Accuracy and Reliability

Breathalyzer tests are a cornerstone of DUI evidence, but these machines aren’t infallible. Factors such as calibration, operator error, and even the defendant’s physiological conditions (like acid reflux or certain medical conditions) can all impact the reliability of breath test results.

In Robertson v. State, 604 So. 2d 783 (Fla. 1992), the Florida Supreme Court recognized that breathalyzer devices require strict maintenance and calibration to provide accurate readings. Florida law mandates regular calibration of breathalyzer devices under stringent guidelines. An attorney skilled in DUI cases can investigate whether the device used in your case was properly maintained and calibrated. If the breathalyzer wasn’t correctly calibrated or maintained, the attorney can file a motion to exclude the results from evidence, which may significantly weaken the prosecution’s case. Continue reading

October 20, 2024

Importance of Evidence in Fort Lauderdale Domestic Violence Cases

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

Domestic violence charges are among the most serious criminal allegations one can face in Fort Lauderdale, often carrying severe legal and personal consequences. A conviction can lead to jail time, fines, mandatory counseling, loss of child custody, and even restrictions on where you can live or work. Because of the high stakes involved, building a strong defense is critical—and that defense often hinges on the quality and use of evidence.

As a Fort Lauderdale criminal defense attorney, I have seen firsthand how evidence can make or break a Broward domestic violence case. Here, we’ll detail the different types of evidence that can be used in Florida domestic violence cases and discuss various defense strategies, as well as why it’s essential not to make any statements to the police unless or until your attorney is present.

Types of Evidence in Broward Domestic Violence Cases

Domestic violence cases can involve a variety of evidence, ranging from witness testimony to physical evidence. The more comprehensive and reliable the evidence, the stronger your defense can be. Here are some common types of evidence used in these cases:

Physical Evidence: This can include photographs of injuries, damaged property, or any objects used during an alleged incident. For example, bruises, cuts, or torn clothing may be presented by the prosecution as evidence of violence. However, defense attorneys can challenge the timing or cause of these injuries, showing that they may not have been the result of domestic violence.
Witness Testimony: Witnesses can include neighbors, friends, or even children who were present during the alleged incident. Their testimony can support either side’s version of events. In some cases, the alleged victim’s testimony might contradict earlier statements, which can be used to discredit the prosecution’s case.
Police Reports: When law enforcement arrives at the scene, they create a report detailing what they observed and the statements made by the parties involved. While this can be damaging evidence, police officers can make errors in their reports or misunderstand what took place, which a skilled defense attorney can point out during the trial.
911 Recordings: Calls to 911 are often used in domestic violence cases to establish the timeline of events and the urgency of the situation. However, these calls are made in the heat of the moment, and they may not fully or accurately reflect what occurred. A defense attorney can question the clarity and accuracy of these recordings.
Medical Records: If the alleged victim seeks medical treatment, their medical records may become part of the evidence. These records might show the extent of injuries, but they can also be used to demonstrate inconsistencies if the injuries do not align with the alleged events.
Character Evidence: In some cases, defense attorneys use character witnesses to show that the accused does not have a history of violence and is generally peaceful and responsible. This can be particularly useful in cases where the alleged victim’s credibility is in question.

Strategies for Building a Strong Defense

Building a robust defense in a Fort Lauderdale domestic violence case requires a thorough investigation and strategic use of evidence. Some useful strategies include: Continue reading

October 9, 2024

How a Broward DUI Conviction Can Impact Your Professional License

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

If you’re a licensed professional in Florida and have been charged with driving under the influence (DUI), the potential consequences extend far beyond fines, license suspension, or jail time. One of the most significant impacts you may face is the threat to your professional license, which can directly affect your livelihood. Whether you’re a healthcare provider, lawyer, teacher, or hold another type of professional certification, a Broward DUI conviction can trigger disciplinary actions by your licensing board.

As a Fort Lauderdale criminal defense attorney experienced in handling DUI cases, I understand how vital your professional license is to your career and future. Here, we’ll explore how a DUI charge or conviction can impact your professional standing in Florida and the strategies that can be employed to minimize these adverse effects.

How Does a DUI Impact Professional Licenses?

In Florida, many professions are regulated by licensing boards, which set strict ethical and legal standards for their members. When a licensed professional is charged with or convicted of a DUI, it’s common for these boards to conduct their own investigation to determine if the offense constitutes a violation of their regulations. The severity of the impact depends on several factors:

Type of Profession. Different licensing boards have varying levels of scrutiny when it comes to DUI charges. For example, healthcare professionals, including doctors and nurses, are often held to particularly high standards, and a DUI may be seen as a risk to patient safety. Lawyers, educators, real estate agents, and financial professionals may also face disciplinary action after a DUI.
Type of DUI Charge. A first-time misdemeanor DUI may lead to lesser consequences compared to a felony DUI. A felony DUI is typically charged when the offense involves repeat offenses, injury, or death, and carries more severe penalties, both in criminal court and with licensing boards.
Aggravating Factors. Certain circumstances can increase the severity of the DUI charge and the likelihood of professional consequences. For instance, a DUI with a high blood alcohol content (BAC), a minor in the vehicle, or an accident resulting in injury can have a more substantial impact on your professional license.
License Renewal and Disclosure. Most professional boards require licensees to disclose any criminal convictions, including DUIs, when renewing their license. Failing to report a conviction can result in even more severe penalties than the DUI itself, including license revocation.

Potential Consequences from Licensing Boards

If you’re convicted of a DUI in Broward County, you could face several types of disciplinary action from your professional licensing board, including: Continue reading

October 5, 2024

How Broward Domestic Violence Charges Can Impact Child Custody

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

One of the most pressing concerns for many criminal defense clients facing Broward domestic violence charges is how it could potentially impact child custody. It’s important to understand that in addition to criminal case restrictions and penalties, domestic violence charges and convictions can significantly affect your ability to gain or maintain custody of your children.

Family courts in Florida prioritize the safety and well-being of children above all else. Although these cases are separate (with domestic violence charges generally being handled in criminal court and child custody matters handled in civil court), allegations of domestic violence can result in severe consequences for parents – even before criminal conviction.

Working with an experienced domestic violence criminal defense lawyer, you may benefit from well-planned defense strategies that can help minimize the negative impact in both criminal and civil courts.

The Connection Between Domestic Violence and Child Custody

In Florida, family courts are obligated to consider the best interests of the child when determining custody arrangements. Florida Statutes § 61.13 specifically direct judges to consider domestic violence as a key factor when making custody decisions. Even allegations of domestic violence, whether they result in a conviction or not, can impact the court’s view of a parent’s fitness to care for their child.

Here are the primary ways domestic violence charges can affect child custody: Continue reading

September 30, 2024

Can a Broward Domestic Violence Charge Be Dropped?

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

One of the most common questions I get as a criminal defense attorney representing clients against Broward domestic violence allegations is, “Can the charges be dropped? What if the victim no longer wants to press charges?”

While it might seem straightforward that a case should be dropped if the alleged victim changes their mind, the reality is far more complex. In Florida, domestic violence cases are treated seriously, and decisions to prosecute are ultimately made by the state — not the alleged victim.

While this is technically true in pretty much all criminal cases, prosecutorial discretion in domestic violence cases very often errs on the side of moving forward with the case even when it’s against the alleged victim’s wishes. That’s because it’s coercion and manipulation are well-known patterns in domestic violence cases. It’s true that the state’s case may be weaker if the victim won’t cooperate, but that doesn’t mean they can’t still win.

Can Domestic Violence Charges Be Dropped?

In Florida, domestic violence charges are brought by the state. That means that once an arrest is made, the case is in the hands of the prosecutor. The alleged victim’s wishes are taken into consideration, but they do not have the power to “drop” the charges themselves. Even if the alleged victim no longer wants to pursue the case, the state attorney’s office may still choose to move forward with prosecution.

Prosecutorial Discretion

Florida operates under what is known as prosecutorial discretion. This means that after reviewing the evidence, the prosecutor decides whether or not to continue pursuing charges.

Domestic violence cases, in particular, are treated with caution due to concerns about the safety of the alleged victim and the possibility of coercion. Prosecutors are trained to recognize situations where an alleged victim might feel pressured to recant their story or withdraw their desire to prosecute.

The State of Florida has a vested interest in preventing domestic violence and protecting victims, so even if the alleged victim refuses to testify or wants to drop the case, the prosecutor may proceed.

The prosecution can rely on other forms of evidence, such as: Continue reading

September 15, 2024

Misdemeanor vs. Felony DUI in Florida: What’s the Difference?

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

If you’ve been charged with driving under the influence (DUI) in Fort Lauderdale, you may be wondering whether you are facing a misdemeanor or felony charge. The distinction between the two is crucial, as it can greatly impact the penalties you face and the long-term consequences on your life. As a Fort Lauderdale criminal defense attorney, I often get asked about this difference and how it affects the defense strategy.

What Is a Misdemeanor DUI?

In Florida, most DUI charges are classified as misdemeanors. This is especially true for first-time offenders. A misdemeanor DUI generally occurs when someone is caught driving with a blood alcohol concentration (BAC) of 0.08% or higher or is under the influence of alcohol, drugs, or a combination, without causing significant harm to others.

September 7, 2024

Understanding Florida Domestic Violence Laws: What Every Fort Lauderdale Defendant Should Know

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

As a Fort Lauderdale criminal defense attorney, I’ve represented many individuals facing domestic violence charges. I understand the serious legal consequences that these charges can bring. If you or someone you know has been accused of domestic violence in Fort Lauderdale, it’s critical to understand the legal framework surrounding these cases.

Florida’s domestic violence laws are designed to protect victims — also provide avenues for a robust defense if you are wrongfully accused or if the circumstances are not as clear-cut as they may initially seem.

Here’s what every defendant should know about domestic violence laws in Florida and how a skilled Fort Lauderdale criminal defense attorney can help navigate these complex cases.

What Constitutes Domestic Violence in Florida?

Under Florida law, domestic violence is defined as any assault, battery, stalking, kidnapping, false imprisonment, or other criminal offense resulting in physical injury or death of one family or household member by another family or household member. This broad definition covers a wide range of actions that can be considered domestic violence, including:

Physical Assault: Hitting, pushing, slapping, or otherwise physically harming a partner, spouse, or family member.
Threats of Violence: Threatening harm, even if no physical contact occurs.
Stalking or Harassment: Repeatedly following or contacting someone in a way that causes fear or distress.
Kidnapping or False Imprisonment: Restricting someone’s freedom to leave a location or situation.

Domestic violence laws in Florida also apply to people who share or have shared a dwelling as a family, including spouses, former spouses, co-parents, and individuals who are or were in a dating relationship. This broad scope means that even disputes between people who aren’t married but live together or have a child together can lead to domestic violence charges.

Penalties for Domestic Violence in Florida

August 22, 2024

Digital Forensics in Fort Lauderdale Domestic Violence Cases

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

In today’s digital age, technology plays a significant role in legal proceedings, including domestic violence cases. Digital forensics is the process of uncovering and interpreting electronic data. It’s become crucial to evidence-gathering in Florida criminal cases.

As a Fort Lauderdale domestic violence lawyers, we recognize it’s important for defendants to recognize how digital forensics can impact their case. We also know DV cases in particular tend to deal with a lot of sensitive information. Florida sunshine laws mean that your case is a matter of public record. That said, we’re diligent in helping clients protect their privacy in these matters as much as possible.

The Role of Digital Forensics in Domestic Violence Cases

Digital forensics is the fancy term we use to describe collecting, preserving, analyzing and presenting digital evidence from varying electronic devices and online platforms. In domestic violence cases, this evidence may include:

Text messages and emails (communications scrutinized for evidence of harassment, abusive language or threats).
Social media posts (comments, posts, photos, messages that may provide insight into relationship dynamics or provide proof of alleged instances of abuse or threats).
Phone records and call logs (establish patterns of communication and corroborate or refute claims made by either party).
GPS data (location to verify a person’s location, presence/absence at certain places and times, etc.).
Audio and video recordings (capture alleged incidents or alleged abuse or interactions between parties).

Courts can subpoena this information, of course, but you don’t have to make it easy for prosecutors to build a case against you. Do your best to secure your devices and accounts with strong passwords. Regularly update your privacy settings. Backup sensitive data and use encrypted communication channels. Your communications could still end up in court, but these measures could potentially lessen that likelihood.

When Digital Evidence is Used Against You in a Broward DV Case