Articles Posted in Attorney Richard Ansara

By

Prosecutors in California who withhold exculpatory evidence or tamper with evidence in a criminal case will now face felony charges themselves. The recent law, signed by that state’s Governor Jerry Brown, allows a penalty of up to three years’ prison time for prosecutors who withhold evidence that defendants could use to exonerate them. Before this law passed, such actions were criminal, but they were only considered misdemeanor crimes. gavel

Officials say the measure was necessary in light of a growing number of cases wherein people have been wrongfully convicted at least in part because prosecutors abused their power and position. The measure follows a high-profile case in Orange County where a prosecutors in a murder case was found to have repeatedly violated defendant’s rights by not turning over key evidence. Although the court overseeing the matter did not find the prosecutor had engaged in willful misconduct, he was nonetheless removed from the case.

There are allegations from the public defender’s office in that region that corrections officers have for years violated inmates’ rights with an illegal jailhouse informant program that prosecutors tried to hide. This involved using the testimony of fellow inmates in exchange for leniency in their pending cases – while not disclosing this deal at trial. A number of high-profile criminal cases have collapsed as a result. Prosecutors are now saying if the law applies to them, it should apply to defense lawyers too.  Continue reading

By

Three years ago, Florida legislators passed a controversial bill that affected almost every kind of court case in the system – including criminal cases. The change involved the standard to which expert witnesses are held in court. Their expert qualifications, their methodology, their testimony – all of this came under greater scrutiny when justices did away with the previous “Frye Standard” and instead adopted the “Daubert Standard,” which is used in federal courts and in most other states. gavel21

This was largely deemed a positive move for two groups: Criminal and corporate civil defendants. However, personal injury lawyers and some state attorneys have taken issue with it. The Florida Bar is the group that has asked the Florida Supreme Court to consider reverting back to the Frye Standard.

The Frye standard asks the judge to consider whether to allow expert witness testimony into evidence based only on whether the it represents principles that are considered generally accepted in that particular field. The Daubert standard, meanwhile, requires judges to use a more stringent standard. Judges are asked to allow the expert witness testimony only if it’s based on sufficient facts or data, if it’s the product of reliable methods and principles and the expert witness has applied the methods and principles of the case correctly. Often, this requires something of a mini-trial before the trial. Continue reading

By

A Florida man has been arrested by the FBI on federal charges for allegedly making Facebook threats against the LGBTQ community at events in both Wilton Manors and nearby Fort Lauderdale, according to The Sun-Sentinel.computermouse

Fifty-year-old Craig Jungwirth is accused of violating federal statutes on interstate commerce when he reportedly made reference to the Pulse nightclub massacre in Orlando and made numerous threats against LGBTQ events planned over Labor Day weekend. Additionally, he was charged with driving on a suspended license, an unrelated offense.

A six-page FBI affidavit that formed the basis for the arrest accuses Jungwirth of sending communication that threatened to kidnap or injure another person. A conviction on the federal charge could result in up to five years in prison, a $5,000 fine or both. He was taken to jail in Seminole County, but is facing charges in federal court.  Continue reading

By

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. fire1

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

By

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. gavel1

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

By

The study of predicting which criminals are more likely to commit future crimes has been one of great interest for many years, and it’s given birth to computerized systems in the U.S. known as “criminal risk assessment tools.” Criminologists say there is a public interest in recognizing which individuals may be more dangerous before it is decided how long their sentence should be and when or whether they should be released. teen1

Prior to the 1970s, these predictions routinely factored race, skin color and nationality. The following decade, as the country was in a midst of a crime wave, lawmakers imposed many mandatory minimum sentences and removed discretion from the hands of prosecutors and judges. That meant there was less important to evaluate individual offenders, but then states started grappling with overflowing prisons and jails. And that’s where criminal risk forecast has swung back into routine use.

As detailed in a recent ProPublica article, dozens of computerized risk assessments are being used nationally – including right here in Broward County. These programs made by for-profit firms weigh dozens of various factors. However, the researchers found that these scores have been cited repeatedly by judges at sentencing hearings, and what’s more, the results tend to be skewed along racial lines. Black defendants are often deemed to have a much higher risk assessment, even when the crimes are similar and the statistics are controlled for other factors.  Continue reading

By

The death penalty in Florida may be on its last leg. needle

Recently, the Florida Supreme Court nixed the state’s practice of having a judge – rather than a jury – decide a person’s fate in a death penalty case. Then there was the judge in Miami who struck down Florida’s death penalty law as unconstitutional because the state allows a majority – rather than a unanimous – jury decision to determine whether someone should die for their crimes.

Now, there is yet another hurdle for the state: The only three federally-approved sources that provide the lethal mix of injectable drugs used in Florida executions have withdrawn their use for this purpose.

Pfizer, a huge pharmaceutical manufacturer, has stated it wants its medications to be associated with saving lives, rather than ending them. It argues there is no legitimate medical purpose to execute someone. Continue reading

By

South Florida Defense Attorney Richard Ansara of The Ansara Law Firm successfully defended a client charged with manslaughter following a 2013 fatal shooting in Boca Raton.photo__1366917_richard-ansara

As The Sun-Sentinel recently reported, Palm Beach County Circuit Judge Glenn Kelley dismissed the second-degree felony case against 25-year-old client Joshua Henry of Pompano Beach. Henry originally faced up to 15 years in prison. He is now a free man.

Ansara aptly argued that the events resulting in the death of Justin Holt, 22, were the result of a “tragic accident,” not criminal action.  Continue reading

By

Following a scathing report criticizing treatment of mentally ill defendants who languish sometimes for years in the criminal justice system (and six times longer than a person with comparable charges in regular court , the Broward State Attorneys Office devised a partial solution: A mental health diversion program that would get people out of the criminal justice system.sad

The idea, modeled after a program launched in Miami-Dade in 2008, focuses on treatment – rather than incarceration – for those who are mentally ill. Non-violent offenders without lengthy rap sheets who have been diagnosed with a severe mental illness would be vetted by the state attorneys office. Those accepted would receive housing support, therapy, medication management and other assistance. Those who successfully complete the program (in six months to a year) would be allowed to have the criminal charges dropped.

It’s a start, critics say, but so far, the program has accepted just one applicant. What’s more, even when it reaches capacity at 60 defendants, that’s not going to make much of a dent when there are an estimated 1,200 cases overflowing in felony mental health court. Plus, there is no guarantee of assistance to those who are already enmeshed in the system, charged with minor felonies.  Continue reading

By

A man from Boca Raton who was acquitted last fall of felony stalking charges involving a neighbor is now facing additional stalking charges involving a former business partner. manholdingsmartphone

Ahmad Dastjerdi, 55,was found not guilty of third-degree felony stalking in September after leaving about five dozen profanity-laced voicemail messages on his neighbor’s phone. Although the target of those messages stated they made him fear for his safety and that of his family, jurors ascertained after three days of testimony that it amounted only to misdemeanor harassment. He was given the maximum sentence allowable under state law for that charge – 60 days in jail – but he evaded a possible five-year prison sentence with his acquittal on the more serious felony charge.

Now, Dasterjedi is facing similar charges. He is accused of one count of feony aggravated stalking. He was arrested and jailed, but the judge set his bail at $5,000, provided he remains on house arrest with a GPS ankle monitor while he awaits trial. He’ll be allowed to leave his residence for work. He also is not allowed to have access to any weapons and he can’t have any contact with the alleged victim, his former business partner.  Continue reading

Contact Information
Broward
800 SE 3rd Ave
#410
Fort Lauderdale, FL 33316
Phone: (954) 761-4011
Palm Beach
500 S Australian Ave #638
West Palm Beach, FL 33401
Miami-Dade*
121 Alhambra Plaza #1500
Coral Gables, FL 33134
*By Appointment Only
3025 N Ocean Blvd #101
Fort Lauderdale, FL 33308
Phone: (954) 761-3641

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2025, The Ansara Law Firm
JUSTIA Law Firm Blog Design