Fort Lauderdale Criminal Attorney Blog

July 7, 2025

The Role of Dashcam and Bodycam Footage in Fort Lauderdale DUI Cases

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

In today’s digital age, video evidence has become increasingly crucial in DUI cases throughout Florida. As a Fort Lauderdale DUI defense attorney for over two decades, I’ve seen how police dashcam and bodycam footage can dramatically impact the outcome of DUI prosecutions. This technology presents both opportunities and challenges for defendants, and understanding its implications is essential for anyone facing DUI charges in Broward County.

The Double-Edged Sword of Video Evidence

Video footage often reveals crucial details that can strengthen a defense case in ways that written police reports simply cannot capture. Dashcam and bodycam footage can be used to demonstrate:

Improper traffic stops. Florida law requires reasonable suspicion for a traffic stop under Terry v. Ohio and its progeny. Video evidence may show that officers lacked adequate justification for the initial stop, potentially leading to suppression of all evidence under the exclusionary rule.
Field sobriety test irregularities. The National Highway Traffic Safety Administration (NHTSA) has established standardized protocols for field sobriety tests. Video often reveals that officers deviated from these protocols, administered tests on uneven surfaces, or failed to provide proper instructions — all factors that can undermine the reliability of these tests.
Contradictions in police testimony. Officers’ courtroom testimony sometimes differs from what video evidence shows. In State v. Meador, 674 So. 2d 826 (Fla. 4th DCA 1996), Florida’s Fourth District Court of Appeal emphasized the importance of objective evidence in evaluating officer credibility.
Normal Driving Patterns. Dashcam footage from the defendant’s vehicle or nearby traffic cameras sometimes shows normal driving behavior that contradicts police claims of erratic driving or impairment indicators.
Physical Coordination.: Bodycam footage may actually demonstrate that a defendant exhibited better balance, coordination, and cognitive function than described in police reports.

On the flip side, video evidence isn’t always favorable. Prosecutors frequently use officers’ footage to support their cases. Video evidence may show:

Clear Signs of Impairment. Slurred speech, bloodshot eyes, difficulty following instructions, or obvious balance issues captured on camera can be compelling evidence of impairment.
Admission of Alcohol Consumption. Many defendants make spontaneous statements about drinking that are captured on bodycam footage, which can be used against them at trial.
Failed Field Sobriety Tests. When properly administered and recorded, failed field sobriety tests can provide strong evidence of impairment.
Dangerous Driving Behavior. Dashcam footage showing weaving, speeding, or other traffic violations can support the prosecution’s case for impairment.

To Record or Not to Record

Just as officers may record interactions during traffic stops or other police encounters, suspects, defendants and members of the public may do the same. The First Amendment protects the right to record officers in public, as established in Gilk v. Cunniffe, decided in 2011 by the U.S. Court of Appeals for the First Circuit. This principle has been consistently applied by Florida courts as well.

Recording police interactions on your cell phone during a DUI investigation can provide several advantages. Among these: Continue reading

June 26, 2025

Tourists and DUIs: What Happens If You’re Arrested for Drunk Driving on Vacation in Fort Lauderdale?

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

Fort Lauderdale is a premier vacation destination, attracting millions of visitors each year with its pristine beaches, vibrant nightlife, and year-round sunshine. Unfortunately, the combination of vacation relaxation, unfamiliar surroundings, and Florida’s party atmosphere can sometimes lead to poor decisions—including getting behind the wheel after drinking. If you’re a tourist who finds yourself facing DUI charges in Fort Lauderdale, you’re likely feeling overwhelmed and uncertain about what comes next.

Being arrested for drunk driving while on vacation creates a complex legal situation that differs significantly from handling a DUI in your home state. Understanding how Florida’s criminal justice system handles out-of-state defendants is crucial for protecting your rights and minimizing the long-term consequences of your arrest.

The Reality of Tourist DUI Arrests in Fort Lauderdale

June 15, 2025

The Role of 911 Calls in Fort Lauderdale Domestic Violence Cases: What You Need to Know

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

When domestic violence charges are filed in Fort Lauderdale, you may be concerned about one piece of evidence in particular: the 911 call. These recorded conversations can be pivotal in shaping how prosecutors and defense attorneys approach a case, yet many defendants don’t fully understand how this evidence works or what it means for their defense strategy.

How 911 Calls Function as Evidence in Florida Domestic Violence Cases

In Florida’s criminal justice system, 911 recordings serve as contemporaneous evidence—capturing statements and emotions in real-time as events unfold. These calls typically contain several key elements that courts examine closely:

The caller’s emotional state is often immediately apparent through voice inflection, crying, shouting, or panic. Prosecutors frequently use this emotional distress to demonstrate the severity of an alleged incident and the victim’s state of mind.

Background sounds can be equally telling. Courts may hear shouting, arguing, physical altercations, or other contextual audio that either supports or contradicts the caller’s account of events.

Spontaneous statements made during the heat of the moment are generally considered more reliable than prepared testimony, making these recordings particularly powerful evidence under Florida’s evidence rules.

The Double-Edged Nature of 911 Evidence

What makes 911 calls particularly complex in domestic violence cases is their ability to cut both ways. While prosecutors may sometimes rely on these recordings to help establish their case, defense attorneys can use the same evidence to raise reasonable doubt.

When 911 calls help the prosecution:

Clear statements describing violence or threats
Emotional distress that suggests genuine fear
Background evidence of ongoing altercations
Requests for immediate medical attention

When 911 calls benefit the defense:

Inconsistencies between the call and later testimony
Exaggerated claims that don’t match physical evidence
Evidence of the caller’s impairment or emotional instability
Admissions that contradict the prosecution’s theory

Consider a case where a caller reports being “beaten up” but medical records show only minor scratches. Or when someone claims to fear for their life but the 911 recording reveals them yelling aggressively in the background. These inconsistencies can become powerful tools for the defense.

Why 911 Calls Rarely Make or Break a Case

Despite their dramatic impact, 911 recordings are just one piece of a much larger evidentiary puzzle. Florida courts require prosecutors to prove domestic violence charges beyond a reasonable doubt using the totality of evidence available.

The limitation of audio evidence is that it captures only a snapshot of events. As a Fort Lauderdale criminal defense lawyer can explain, there’s no visual context, important details may be missing or misinterpreted. A person might sound panicked due to fear, intoxication, mental health issues, or even anger rather than victimization.

Timing can be misleading as well. What sounds like an immediate response to violence might actually be a reaction to an argument that occurred hours earlier, or the culmination of mutual combat rather than one-sided aggression.

Other Critical Evidence That Shapes Domestic Violence Cases

Fort Lauderdale domestic violence cases typically involve multiple types of evidence that can have substantial impact on the outcome:

Medical records and photographs provide objective documentation of injuries—or the lack thereof. When 911 calls describe severe violence but medical evidence shows minimal injury, this creates reasonable doubt about the severity or nature of the alleged incident.
Text messages and social media communications often reveal the ongoing dynamics between parties. These digital records can show patterns of behavior, threats, reconciliation attempts, or evidence that contradicts official statements.
Witness testimony from neighbors, family members, or responding officers can either corroborate or undermine the 911 caller’s account. Sometimes witnesses provide crucial context that the audio recording cannot capture.
Physical evidence from the scene—broken items, damaged property, or the defendant’s injuries—helps reconstruct what actually occurred versus what was reported.
Police body camera footage has become increasingly important, capturing the immediate aftermath of incidents and the demeanor of all parties involved.
Prior incidents or patterns may be introduced to establish context, though Florida’s evidence rules carefully limit when and how this information can be used.

The Complexity of Domestic Violence Defense

Domestic violence cases in Fort Lauderdale involve unique legal challenges that extend far beyond typical criminal defense work. These cases often intertwine with family court proceedings, immigration issues, professional licensing concerns, and long-term relationship dynamics.

The intersection with injunctions means that criminal charges often run parallel to civil protection order proceedings. Evidence from 911 calls can impact both cases simultaneously, requiring careful coordination of defense strategies.
Victim cooperation issues frequently arise when alleged victims don’t want to prosecute, change their stories, or seek to reconcile. However, prosecutors can often proceed with cases even without victim cooperation, using 911 recordings as primary evidence.
Enhanced penalties under Florida law mean that domestic violence convictions carry serious consequences including mandatory counseling, potential firearm restrictions, and enhanced sentences for repeat offenses.

Why Specialized Experience Matters

The stakes in domestic violence cases extend far beyond potential jail time. Convictions can affect employment opportunities, professional licenses, child custody arrangements, immigration status, and fundamental rights like firearm ownership.

Understanding the prosecution’s approach is crucial because state attorneys in Broward County often have specialized domestic violence units with specific protocols and strategies. An experienced domestic violence defense attorney knows how these prosecutors think and can anticipate their moves.
Technical expertise with evidence becomes essential when challenging 911 recordings. Issues like audio quality, chain of custody, proper foundation, and hearsay exceptions require specific knowledge of evidence law as applied to domestic violence cases.
Negotiation skills in this context differ significantly from other criminal matters. Prosecutors may be willing to consider alternative resolutions like pre-trial diversion or reduced charges, but only when presented with compelling mitigation or strong challenges to their evidence.
Trial experience specific to domestic violence matters provides insight into how Broward County juries respond to different types of evidence and arguments. What works in a drug case may backfire completely in a domestic violence trial.

Moving Forward with Your Defense

June 3, 2025

Can Domestic Violence Charges Be Dropped in Broward County? Understanding Your Rights and Options

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

Being arrested for domestic violence in Broward County can turn your world upside down in an instant. But here’s something many people don’t realize: an arrest doesn’t automatically mean you’ll face criminal charges. Understanding how the charging process works—and when charges can be dropped—is important when your freedom and future is at stake.

The Reality Behind Domestic Violence Arrests vs. Charges

In Florida, domestic violence isn’t a standalone crime but rather an enhancement that applies to various offenses when they occur between family or household members. Under Florida Statute § 741.28, domestic violence can include actions such as assault, battery, sexual assault, stalking, kidnapping, or any criminal offense resulting in physical injury or death when committed by one family or household member against another.

When law enforcement responds to a domestic violence call in Broward County, they often make arrests based on probable cause—a relatively low standard that merely requires reasonable belief that a crime occurred. However, as a Broward domestic violence lawyer can explain, this arrest is just the beginning of a complex legal process, not the end of your story.

Who Really Decides Whether Charges Get Filed?

Contrary to popular belief, victims don’t “press charges” in domestic violence cases. In Broward County, that decision rests entirely with the State Attorney’s Office for the 17th Judicial Circuit. Prosecutors review the evidence independently and make charging decisions based on what they believe they can prove in court beyond a reasonable doubt.

This prosecutorial discretion means that even when an arrest occurs, the state attorney may decide not to file formal charges for various reasons:

Insufficient evidence to prove the case beyond a reasonable doubt
Witness credibility issues
Constitutional violations during the investigation
Evidence that contradicts the initial police report

The Unique Nature of Domestic Violence Prosecutions

Broward domestic violence cases differ significantly from other criminal matters, particularly regarding victim cooperation. Under Florida Statute § 90.804(2)(a), prosecutors can sometimes proceed without the alleged victim’s testimony by using hearsay exceptions, such as excited utterances made during 911 calls or statements to responding officers.

However, victim non-cooperation still presents substantial challenges for prosecutors. When alleged victims recant their statements, refuse to testify, or become uncooperative, it often weakens the state’s case considerably. Unlike other crimes where multiple independent witnesses might exist, domestic violence typically occurs in private settings with limited evidence beyond conflicting accounts.

How Early Legal Intervention Can Prevent Charges

The window between arrest and formal charging—typically 21 days in Florida under Florida Rule of Criminal Procedure § 3.134—represents a critical opportunity. During this period, an experienced domestic violence defense attorney can:

Conduct Independent Investigation. Gathering evidence that contradicts the state’s narrative, including witness statements, medical records, photographs, and electronic communications that provide context or alternative explanations.
Challenge Evidence Collection. Identifying potential Fourth Amendment violations, Miranda rights violations, or other constitutional issues that could render evidence inadmissible.
Communicate with Prosecutors. Presenting exculpatory evidence and legal arguments directly to the prosecutor’s office before charging decisions are made. This proactive approach often proves more effective than reactive defense strategies.
Address Victim Concerns. When appropriate and ethical, helping facilitate communication between parties to clarify misunderstandings or address underlying issues that led to the incident.

The Strategic Advantage of Early Representation

Prosecutors make charging decisions based on the evidence available to them at the time. If they only see the police report and initial witness statements, they’re working with an incomplete picture. Early legal intervention allows defense attorneys to present the full story before charges are filed.

Consider this scenario: Police arrest someone after responding to a domestic disturbance call where the alleged victim has visible injuries. The initial report might paint a clear picture of guilt. However, a Fort Lauderdale defense attorney’s investigation might reveal:

The injuries resulted from an accident during a verbal argument.
The alleged victim was the initial aggressor.
Both parties had been drinking, affecting their ability to accurately recall events.
Text messages or social media posts contradict the alleged victim’s statement.

Presenting this evidence before charges are filed can prevent the case from ever reaching the courtroom.

When Charges Can Be Dropped After Filing

Even after formal charges are filed, dismissal remains possible under certain circumstances:

Lack of Evidence. If new evidence emerges that undermines the prosecution’s case or if key evidence is ruled inadmissible.
Victim Non-Cooperation. While prosecutors can proceed without victim cooperation, practical challenges may lead to dismissal when victims refuse to testify and other evidence is insufficient.
Constitutional Violations, Evidence obtained through illegal searches, improper interrogations, or other rights violations may be excluded, potentially forcing dismissal.
Prosecutorial Discretion. Prosecutors may dismiss charges in the interest of justice, particularly in cases involving minimal harm, first-time offenders, or where prosecution wouldn’t serve the public interest.

The No-Contact Order Complication

Florida courts typically issue no-contact orders as a condition of bond in domestic violence cases, prohibiting contact between the defendant and alleged victim. These orders can significantly impact families and relationships, making early resolution even more crucial. Under Florida Statute § 741.30, violating these orders constitutes a separate criminal offense, creating additional legal jeopardy.

Building Your Defense Strategy

May 26, 2025

Know Your Rights: When Can Fort Lauderdale Police Search Your Vehicle?

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

Traffic stops are among the most common interactions between citizens and law enforcement in Florida. While most traffic stops end with a warning or citation, some escalate to vehicle searches that can lead to serious criminal charges. Our Fort Lauderdale criminal defense lawyers believe that understanding when police can legally search your vehicle is essential knowledge for every driver in Broward County.

The Legal Framework for Vehicle Searches

The Fourth Amendment Protection

The Fourth Amendment to the United States Constitution provides the fundamental protection against unreasonable searches and seizures:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

While this protection extends to vehicles, the U.S. Supreme Court has established that automobiles are subject to a reduced expectation of privacy compared to homes or persons, creating what’s known as the “automobile exception” to the warrant requirement.

Florida Constitutional Protections

Article I, Section 12 of the Florida Constitution mirrors the Fourth Amendment’s protections. However, it’s important to note that in 1982, Florida voters amended this section to conform with U.S. Supreme Court interpretations of the Fourth Amendment, meaning Florida courts generally follow federal search and seizure precedents.

When Police CAN Search Your Vehicle in Fort Lauderdale

1. With a Valid Search Warrant

Police can search your vehicle if they have obtained a valid search warrant from a judge. The warrant must specifically identify your vehicle and describe what the officers are looking for. However, given the mobile nature of vehicles, warrant-based searches are relatively uncommon in traffic stop situations.

2. With Your Consent

One of the most common ways police search vehicles is through voluntary consent. If an officer asks, “Do you mind if I take a look inside your vehicle?” and you agree, you’ve waived your Fourth Amendment protections.

In Florida, consent must be freely and voluntarily given to be valid. In the 1968 case of Bumper v. North Carolina, the Supreme Court established that consent obtained through deception or coercion is invalid. However, per the 1973 U.S. Supreme Court ruling in Schneckloth v. Bustamonte, police do not need to inform you of your right to refuse consent.

3. Probable Cause

Police may search your vehicle without a warrant or consent if they have probable cause to believe evidence of a crime is present. This exception has been consistently upheld by both federal and state courts.

Common scenarios that might establish probable cause include:

Visible contraband in “plain view” through your car windows
The smell of drugs (particularly marijuana)
Alert from a properly trained K-9 unit to the presence of narcotics
Information from a reliable informant

In the 1999 ruling of Maryland v. Dyson, the U.S. Supreme Court clarified that the automobile exception does not require exigent circumstances beyond the vehicle’s inherent mobility.

4. Incident to Lawful Arrest

If you are lawfully arrested, police may conduct a limited search of your vehicle’s passenger compartment if they reasonably believe it contains evidence related to the offense of arrest.

It’s worth noting that this exception was narrowed in 2009 by the U.S. Supreme Court in Arizona v. Gant. The court held that police can’t search a vehicle incident to arrest after the arrestee has been secured and can’t access the vehicle’s interior – unless it’s reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle.

5. Inventory Searches

When police legally impound a vehicle, they may conduct an “inventory search” without a warrant or probable cause. This administrative procedure is meant to document the vehicle’s contents, protect against claims of theft, and identify potential dangers.

For an inventory search to be valid, it must follow standardized department procedures and cannot be a pretext for an investigative search. As noted in the 1981 Florida Supreme Court case of Miller v. State, inventory searches must be conducted in good faith for the purpose of protecting property, or else it may violate the 4th Amendment rights of the accused.

When Police CANNOT Search Your Vehicle

1. Based Solely on a Traffic Violation

May 17, 2025

Why Mental Health Evaluations Matter for Your Fort Lauderdale Domestic Violence Defense

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

An important but often overlooked element in criminal domestic violence cases is the role of mental health evaluations. As an experienced Fort Lauderdale criminal defense attorney, we understand that these cases rarely present in black and white terms. The psychological states of both the accused and the accuser can significantly impact the nature of allegations, the circumstances surrounding an incident, and ultimately, the legal outcome of a case.

Mental health evaluations can serve as powerful tools in developing effective defense strategies for domestic violence cases in Florida.

Understanding Florida’s Domestic Violence Laws

Florida Statute § 741.28 defines domestic violence as:

“Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”

The statute covers incidents between family or household members who currently reside together or have previously resided together, including spouses, former spouses, persons related by blood or marriage, persons who have a child in common, and individuals who are or have been in a dating relationship.

Common Penalties for Domestic Violence in Broward County

Domestic violence charges in Florida typically result in:

Mandatory minimum 5-day jail sentence (F.S. § 741.283)
26-week Batterer’s Intervention Program (F.S. § 741.281)
No contact orders and possible permanent injunctions
Firearm possession prohibitions
Long-term consequences for employment, housing, and custody arrangements

Additional penalties – and potentially felony charges – are possible, depending on the circumstances. This is particularly true if:

The victim was seriously hurt.
There is a history of domestic violence.
The accused violated an active no contact order.

The Role of Mental Health in Domestic Violence Cases

For the Accused: Mental Health as Context

Mental health conditions don’t excuse domestic violence. However, they can provide critical context that might affect criminal culpability or appropriate sentencing. Common relevant conditions include:

Post-Traumatic Stress Disorder (PTSD). Particularly prevalent among veterans or those with traumatic backgrounds, PTSD can manifest as hypervigilance, exaggerated startle responses, and emotional regulation difficulties.
Substance Use Disorders. According to the National Coalition Against Domestic Violence, substance abuse factors into 40-60 percent of domestic violence incidents. While intoxication isn’t a legal defense, it may affect the defendant’s intent element required for certain charges.
Impulse Control Disorders. Conditions affecting impulse regulation can be relevant factors in understanding behavioral patterns.
Major Depression and Bipolar Disorder. Mood disorders can significantly impact judgment, perception, and behavior.
Personality Disorders. Certain personality disorders may contribute to relationship dynamics that escalate to allegations of abuse.

Under Florida Statute § 921.0026(2)(d), a defendant’s mental disorder can serve as a mitigating factor during sentencing if it “significantly reduced the defendant’s capacity to appreciate the criminality of conduct or to conform that conduct to the requirements of law.”

For the Accuser: Evaluating Allegations in Context

Mental health evaluations can also be relevant when assessing the credibility and context of allegations:

Memory and Perception. Certain psychological conditions can affect how events are perceived, interpreted, and recalled.
False Allegations. While relatively rare, mental health issues might contribute to false or exaggerated allegations in some cases.
Prior Trauma History. An accuser’s trauma history might influence their interpretation of events or interactions.
Co-occurring Conditions. Substance abuse or certain personality disorders might impact reliability or consistency of statements.

Types of Mental Health Evaluations in Legal Defense

May 5, 2025

First-Time DUI in Broward County: Diversions & Alternative Resolutions

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

Facing a first-time DUI in Broward County can be a scary experience, especially for those who have never navigated the criminal justice system before. Although it may not result in significant jail time (assuming no one was seriously hurt), we do need to stress that it’s a mistake to think that a first-time DUI in Broward County will result in nothing more than a slap on the wrist. The reality is a DUI conviction can have lasting consequences for your career, your education and your personal relationships.

The good news is that even if a dismissal of the charge is impossible, there are legal avenues that could minimize the impacts. Specifically, Broward County has a number of diversion programs and alternative resolutions that may be available, particularly for first-time offenders. But just because you’ve never been in trouble before doesn’t mean the state attorney’s office is going to be eager to let you off light. It’s important to hire a skilled Fort Lauderdale DUI defense lawyer to ensure you aren’t taking an unfair deal or one that could have latent consequences you haven’t considered.

Understanding First-Time DUI Penalties in Florida

Before discussing alternatives, it’s crucial to understand what’s at stake. Under Florida Statute §316.193, a first-time DUI conviction carries significant penalties:

Fines ranging from $500 to $1,000 (or $1,000 to $2,000 with a BAC of .15 or higher)
Up to 6 months imprisonment (or up to 9 months with a BAC of .15 or higher)
License suspension from 180 days to 1 year
50 hours of community service
12 months of probation
DUI school completion
Vehicle impoundment for 10 days
Ignition interlock device installation (mandatory for BAC of .15 or higher)

Aggravating Factors That Increase Penalties

Several circumstances can enhance these penalties substantially:

Having a minor in the vehicle at the time of arrest (increases fines and potential jail time)
Causing property damage or bodily injury (elevates the charge to a first-degree misdemeanor or felony)
Having an extremely high BAC level (.15 or higher)
Refusing to submit to a breath, blood, or urine test (triggers automatic license suspension under Florida’s implied consent law)

Broward County Diversion Programs

Fortunately, the option of a diversion program may help first-time DUI offenders avoid the full weight of these consequences.

The main avenue for first-time DUI offenders is:

Misdemeanor Diversion Program (M.D.P.)

The Misdemeanor Diversion Program is a potential option for some offenders in Broward County with a short or non-existent criminal history. That can include first-time DUI offenders. Those who are accepted – and successfully complete — the program will be eligible to have the court drop the charges against them. The program is managed by the Broward County Sheriff’s Office Probation Division in Fort Lauderdale.

Acceptance into the diversion program is at the discretion of the state attorney’s office. In fact, eligibility requirements may be somewhat flexible on a case-by-case basis. This is one of those times when having an experienced DUI defense lawyer to advocate on your behalf to prosecutors can go a long way – even when the evidence against you is significant.

When a diversion program isn’t an option, other resolution strategies may include: Continue reading

April 20, 2025

How to Get Criminal Charges Dropped in Fort Lauderdale, Florida

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

Being arrested in Fort Lauderdale can be an overwhelming experience. However, having a basic understanding of the legal process and knowing your options may help you achieve a favorable outcome. Here, our Fort Broward defense lawyers explain how criminal charges can potentially be dropped in Broward County and why early legal representation is crucial.

Understanding Who Files Criminal Charges in Florida

A common misunderstanding is that police officers file criminal charges. In reality, the Office of the State Attorney makes the final decision on whether to file formal charges against a suspect. In Broward County (where Fort Lauderdale is located), the State Attorney’s Office reviews evidence gathered by law enforcement before determining whether to pursue a case.

Under Florida Statute §27.02, state attorneys are vested with the authority to “appear in the circuit and county courts within his or her judicial circuit and prosecute or defend on behalf of the state all suits, applications, or motions, civil or criminal, in which the state is a party.”

The Advantage of Early Legal Representation

Hiring a criminal defense attorney immediately after arrest—or even during the investigation phase before charges are formally filed—can be strategically advantageous for several reasons:

Pre-filing intervention: A skilled criminal defense attorney can contact the State Attorney’s Office during their review process to present exculpatory evidence or highlight weaknesses in the state’s case before formal charges are filed.
Evidence preservation: Your defense attorney can work quickly to secure surveillance footage, witness statements, and other time-sensitive evidence that might support your defense.
Protection of rights: A criminal defense lawyer ensures that your constitutional rights are protected throughout the investigation and prevents you from making statements that could harm your case.
Strategic planning: Early involvement allows your attorney to develop a comprehensive defense strategy tailored to your specific situation.

Circumstances That May Lead to Dropped Charges

Several scenarios exist where charges might be dropped in Fort Lauderdale:

1. Insufficient Evidence

If the prosecutor determines there is not enough evidence to prove guilt beyond a reasonable doubt, they may drop the charges. Your Fort Lauderdale defense attorney can expose weaknesses in the prosecution’s case through investigation and legal analysis.

2. Procedural or Constitutional Violations

Violations of your constitutional rights can lead to charges being dismissed. Examples include:

Unlawful search and seizure in violation of the Fourth Amendment.
Failure to read Miranda rights prior to custodial interrogation.
Chain of custody issues with evidence.

Under Florida Rule of Criminal Procedure 3.190, your attorney can file motions to suppress evidence obtained through improper means.

3. Completion of Pretrial Intervention Programs

Florida Statute §948.08 establishes Pretrial Intervention Programs (PTI) that allow certain first-time, non-violent offenders to have charges dropped upon successful completion of court-ordered requirements. Similarly, Broward County offers specialized diversion programs for substance abuse and mental health issues.

4. Witness or Victim Cooperation Issues

If key witnesses become unavailable or uncooperative, or if a victim no longer wishes to pursue charges, the prosecution may determine that they cannot successfully prosecute the case.

5. Affirmative Defenses

Self-defense claims under Florida’s Stand Your Ground law (Florida Statute §776.013) or other affirmative defenses may convince prosecutors to drop charges prior to trial.

Alternative Favorable Outcomes

April 9, 2025

DUI Checkpoints in Broward County: Know Your Rights

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

DUI checkpoints are a regular occurrence throughout Broward County, especially during holidays and major events. As a Fort Lauderdale DUI lawyer can explain, these strategically placed roadblocks allow law enforcement to briefly stop and evaluate drivers for signs of impairment. While these checkpoints serve a legitimate public safety purpose, many drivers don’t understand how these differ from regular traffic stops or what rights they maintain when encountering one.

How DUI Checkpoints Differ from Standard Traffic Stops

In a typical Broward County DUI arrest scenario, an officer must have “reasonable suspicion” to pull you over. This might include observing erratic driving, speeding, or equipment violations. Once stopped, the officer can investigate further if they develop probable cause to believe you’re impaired.

DUI checkpoints operate differently. At checkpoints, law enforcement can stop every vehicle (or every nth vehicle according to a predetermined formula) without specific suspicion of wrongdoing. This presents a significant constitutional exception to the Fourth Amendment’s protection against unreasonable searches and seizures.

Legal Foundation for DUI Checkpoints

The Florida Supreme Court established the legality of sobriety checkpoints in the 1986 decision in State v. Jones, determining that properly conducted checkpoints do not violate Florida’s Constitution. The U.S. Supreme Court similarly upheld their constitutionality in the 1990 ruling in Michigan Department of State Police v. Sitz, finding that the state’s interest in preventing drunk driving outweighed the minimal intrusion on individual rights.

However, for a checkpoint to be legal in Florida, it must adhere to strict guidelines:

The checkpoint must be authorized by supervisory personnel following a written operational plan.
Officers cannot have unfettered discretion in stopping vehicles.
The checkpoint must be clearly identified as a sobriety checkpoint.
Motorists must receive adequate advance notice.
The location must be reasonable.
The detention time must be minimal.
The roadblock must be conducted safely.

Checkpoints that fail to meet these requirements may be deemed unconstitutional, potentially invalidating any resulting arrests. An experienced criminal defense lawyer can analyze the facts of your case to help make that determination.

Your Rights at a Broward County DUI Checkpoint

When approaching a checkpoint in Fort Lauderdale or elsewhere in Broward County, you should be aware of your rights:

You must stop at the checkpoint. Attempting to avoid a checkpoint by making an illegal U-turn or other evasive action can provide officers with reasonable suspicion to stop you separately.
You must provide license and registration. Florida Statute §322.15 requires drivers to present their license, registration, and proof of insurance when requested by law enforcement.
You can remain silent. Beyond providing identifying documents, you have the right to decline answering questions about where you’re coming from, where you’re going, or whether you’ve been drinking. Simply inform the officer politely that you’re exercising your right to remain silent.
You can decline field sobriety tests. These tests are voluntary, and you can refuse them without penalty. However, be aware that refusal may lead officers to develop probable cause for arrest based on other factors like odor of alcohol, slurred speech, or bloodshot eyes.
Chemical tests are different. Under Florida’s “implied consent” law (F.S. §316.1932), refusing a breath, blood, or urine test after arrest can result in an automatic one-year license suspension (18 months for a second refusal). This refusal can also be used against you in court.

The Checkpoint Process in Broward County

Broward County law enforcement agencies, including the Fort Lauderdale Police Department and Broward Sheriff’s Office, typically conduct checkpoints at high-traffic locations during evening hours. Officers may:

Request your license and registration.
Engage you in brief conversation to observe signs of impairment.
Look for visible open containers or drug paraphernalia.
Request field sobriety tests if they suspect impairment.
Conduct breath tests if probable cause is established.

How a Local Fort Lauderdale Attorney Can Help

If you’re arrested at a DUI checkpoint in Broward County, securing representation from a local criminal defense attorney offers significant advantages: Continue reading

April 8, 2025

Can You Be Extradited Back to Florida After Fort Lauderdale Arrest?

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

Many people mistakenly believe that crossing state lines or international borders will shield them from pending criminal charges in Florida. This misconception can lead to serious consequences, including forcible return to Florida to face prosecution. At the Ansara Law Firm, our Fort Lauderdale criminal defense lawyers can assist clients facing extradition issues. If you live out-of-state or outside of the U.S. and are facing pending criminal charges in South Florida, professional legal representation is imperative.

Understanding Extradition in Florida

Extradition is the formal process by which a fugitive found in one jurisdiction is surrendered to another jurisdiction where they are accused of a crime. Florida’s extradition laws are governed by the Uniform Criminal Extradition Act (UCEA), which has been adopted into Florida Statutes under Chapter 941.

As a Fort Lauderdale criminal defense lawyer can explain, when you flee Florida to avoid prosecution, you’re not escaping the legal system – you’re merely delaying the inevitable while potentially adding additional charges.

State-to-State Extradition

The legal foundation for interstate extradition comes from the U.S. Constitution’s Article IV, Section 2, which states: “A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.”

Florida Statute § 941.03 outlines the governor’s duty to arrest and deliver fugitives to requesting states. The process typically follows these steps:

Florida prosecutors request a warrant for your arrest
The Florida governor’s office issues an extradition warrant
The governor of the state where you’re located honors the warrant
Local law enforcement arrests you
You remain in custody until transported back to Florida

In the landmark case Michigan v. Doran (1978), the U.S. Supreme Court affirmed that once a governor has granted extradition, courts in the asylum state have limited authority to block the extradition.

International Extradition

International extradition is more complex and governed by treaties between the United States and foreign countries. The U.S. has extradition treaties with more than 100 nations, though these agreements vary significantly in terms of covered offenses and procedures.

The process typically involves:

Florida authorities contacting federal officials
The U.S. Department of State submitting a formal extradition request
The foreign country processing the request according to their laws and the applicable treaty

Notable cases like United States v. Alvarez-Machain (1992) demonstrate the lengths to which U.S. authorities will go to return fugitives to face justice.

Misdemeanors vs. Felonies: Practical Realities

While Florida law technically allows extradition for any criminal offense, including misdemeanors, practical considerations come into play. Florida courts have held that prosecutors have discretion in determining which cases merit the resources required for extradition proceedings. Continue reading