Attorney Richard Ansara

January 29, 2016

New Broward Mental Health Diversion Off to Start, But a Slow One

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

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.

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

January 26, 2016

Florida Man Acquitted of Stalking to Face Additional Charges

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

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.

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

January 6, 2016

Report: Mentally Ill Lost in Broward Courts Shuffle

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

It should come as little surprise that persons who are mentally ill comprise a significant portion of the incarcerated population. A recent report by the Treatment Advocacy Center indicated that American prisons and jails house an estimated 360,000 inmates with mental illness – or about 10 times the number of mentally ill patients in state psychiatric hospitals.

Now, the South Florida Sun-Sentinel has taken a look at that issue from a micro perspective, analyzing how it has affected those specifically in Broward County.

The crux of what reporters discovered is this:

Those charged with minor felonies in Broward’s mental health court face punishment even when they are never found guilty;
These individuals spend six times longer in the criminal justice system than those in regular court;
About one-third of these individuals spend five years or more in the criminal justice system – even with no conviction at all!

November 27, 2015

Florida Hit-and-Run Captured on Electronic Devices

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

Most criminal lawyers will tell you eye witness testimony is incredibly unreliable. There are often many ways to successfully challenge eye witness accounts in court.

However, it can be much more challenging when the “witness” is a camera. In this digital age, where everyone has a smartphone, surveillance cameras are everywhere and even traffic signals come equipped with the ability to capture images, that’s becoming an increasing reality in many cases.

This was underscored recently in the case of a Sunrise hit-and-run crash last month. Continue reading

September 14, 2015

Felony Stalking Conviction in Florida Requires Credible Threat

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

It was a neighborhood dispute turned ugly. Even the defense attorney for one of those involved would concede his actions were criminal. But he insisted the more than five dozen phone calls, containing “disgusting and vile messages,” were misdemeanor rather than felony offenses.

A Palm Beach County jury agreed.

Now, rather than face up to five years in prison under F.S. 784.048 (3), felony stalking, he was convicted of a misdemeanor and sentenced to the maximum 60 days in jail – minus credit for three days already served.

The primary difference between felony stalking and misdemeanor stalking is the idea of a “credible threat.” Even the defendant’s attorney called him “jerk” and the content of the calls “disgusting.” But he chalked it up to the man’s “odd sense of humor.”
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September 6, 2015

Wright v. Florida – Felony Firearm Conviction Challenged

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

Florida is fairly permissive with regard to firearm purchase and possession, but there is a major exception: Felons. In the state of Florida, it is illegal for those convicted of felonies to possess firearms and/or ammunition.

There are two general exceptions to this. The first is when a convicted felon has his or her civil rights restored AND firearm authority restored through the state Clemency Board. It’s not enough that one receives a general restoration of rights. In order to restore firearm authority, an application has to be filed, and there is a waiting period of at least eight years from the date the sentence expired. The second allowance is when the firearm qualifies as an antique gun per F.S. 790.001(1).

The definitions of “possession” and “antique” were central in the case of Wright v. Florida, in which a man convicted of being a felon in possession of a firearm and ammunition appealed that conviction in Florida’s 4th District Court of Appeal.
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August 6, 2015

Cohen v. Florida – Phone Call Gets Man 25 Years Prison

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

Violations of probation in Florida can be extremely serious matters.

Many criminal cases are resolved through plea agreements that offer plaintiff an opportunity to avoid a lengthier jail or prison term by submitting to community control (i.e., probation). However, a person who does not abide by the terms of that probation could face severe repercussions – up to and including imposition of the full sentence they would have otherwise faced on the previous charges.

This is why probation violation cases need to be handled by an experienced criminal defense attorney. The stakes can be enormously high, and it’s not a risk you want to take.
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August 3, 2015

Parents Criminally Charged When Children Access Guns in Florida

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

A father in Davie recently came under police scrutiny after he allegedly shot his 12-year-old daughter on accident while teaching her about gun safety. Police decided ultimately not to arrest him.

The girl was admitted to a local hospital with a gunshot to her left forearm, and the injury wasn’t considered life-threatening. The injury reportedly occurred when the father was trying to show her how to safely draw a firearm from his pocket.

Investigation is still ongoing, and while police haven’t charged him, that decision will be reviewed by the state attorney’s office. Other parents in similar situations have not evaded criminal charges.
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July 10, 2015

Family Jailed in Botched Florida Shoplifting Attempt

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

A mother and her two adult children were arrested after an apparent attempt at group shoplifting ended in violence, with two workers alleging they were spat on and battered.

The incident reportedly happened in Sunrise, where authorities arrested a 59-year-old woman, her 27-year-old son and her 20-year-old daughter.

According to news reports:
The family members allegedly began hiding items inside the 20-year-old’s pink purse. The trio then walked to the front of the store, where police allege they attempted to leave without paying for the hidden merchandise.
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June 15, 2015

Florida Gang Enhancement Increases Possible Sentence

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

Florida law enforcement and prosecutors are extremely tough on individuals whose alleged criminal activities are believed to have been committed in connection with gang activity.

F.S. 874.04 is the statute that governs gang-related offenses and enhanced penalties. A gang enhancement essentially boosts whatever the level of the underlying crime to the next degree of seriousness. So for example, a second-degree misdemeanor would be increased to a first-degree misdemeanor. That could mean an extra six months in jail. A third-degree felony, which would normally be punishable by a maximum five-year prison sentenced, is increased to a second-degree felony, punishable by up to 15 years in state prison.

In order to be considered a gang-related offense, there must be a finder of fact that defendant committed the alleged offense for the purpose of promoting, furthering or benefiting the interests of a criminal gang. In order for an enhancement to apply, prosecutors have to show beyond a reasonable doubt the activity was gang-related.
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