Fort Lauderdale Criminal Attorney Blog

August 9, 2016

Grand Theft Auto v. Carjacking: Both Serious Felony Crimes in Florida

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

There have been a number of recent high-profile cases of theft of motor vehicles in South Florida in recent weeks, with defendants in each case facing serious penalties.

Still, it’s important to note that grand theft auto and carjacking, while both major crimes, are inherently different, which means the approach of prosecutors and defense attorneys will be different as well.

Grand theft auto, as codified in F.S. 812.014, is a third-degree felony, punishable by up to five years in prison and a maximum five of $5,000. It’s on par with theft of a firearm or commercially-farmed animal or a controlled substance. The offense may be bumped up to a second-degree felony if the vehicle involved costs more than $20,000 (but less than $100,000), in which case the penalty is increased to a possible 15 years maximum in prison. Carjacking, meanwhile, is codified in F.S. 812.133, is a life felony if a firearm is used; Otherwise, it’s considered a first-degree felony, punishable by up to 30 years in prison. Carjacking is the act of taking a motor vehicle either by force, violence, assault or putting in fear. Continue reading

August 6, 2016

Murder Sentence of Florida Man Convicted as Teen Reviewed

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

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.

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

August 2, 2016

Report: Bank Robbery Suspects Increasingly Women

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

Bank robbery has historically been a man’s game. Even dating back to the days of “Pretty Boy Floyd” and “Baby Face Nelson,” bank robberies generally involved men who organized a hostile takeover of the entire bank, holding up the entire business at gunpoint, forcing managers to open the vaults, taking hostages and engaging in gun battles with police.

Women, if they were ever involved, usually almost always were accomplices, either driving the getaway car or helping out in some other capacity.

But bank robberies today look very different, and increasingly, it is women who are facing down the charges. The Sun-Sentinel reports this is largely due to the fact that these crimes are no longer as violent as they once were. In fact, it often isn’t necessary to wield a gun or to even necessarily have one. Continue reading

July 31, 2016

$30,000 Settlement for Wrongful Arrest in Lauderdale Ecstasy Case

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

A man arrested for possession of ecstasy in Fort Lauderdale in 2013 has won $30,000 from the city after the nine pills with yellow hearts stamps reportedly turned out to be aspirin.

The 37-year-old sued the city in civil court alleging false arrest, battery and unlawful search following a 2013. According to The Sun Sentinel, plaintiff in the case, Antonio Grant was a passenger in a vehicle that had been pulled over for expired tags.

He was allegedly handcuffed at gunpoint, ordered face-down on the asphalt and forcibly had his shorts searched. The officer also reportedly searched his rectum digitally to look for drugs. Officers did find nine pills, but testing proved the substance was actually generic aspirin. Continue reading

July 24, 2016

Army Sergeant Arrested in Broward for Underage Sex Crimes

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

A U.S. Army sergeant is facing serious felony charges after the 26-year-old reportedly showed up at an agreed-upon location with lubricant, candy, condoms and cash for what he thought would be an encounter with two young girls, ages 12 and 14.

Instead, was greeted by agents with both the Broward County Sheriff’s Office and the Federal Bureau of Investigation (FBI). He apparently did not realize he had been communicating with an undercover law enforcement officer.

According to the Sun Sentinel, Alexis Kirk Torres was reportedly in the process of transferring from Hawaii to a new base for a different assignment. However, he now faces charges of soliciting or enticing underage children to engage in a commercial sex act. Continue reading

July 20, 2016

Man’s 9th DUI Conviction Lands Him in Prison for Life

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

Unless you seriously injure or kill someone while driving drunk, a DUI conviction probably isn’t going to result in a long-term prison sentence. However, defendants should be aware that the more convictions they rack up, the more likely they are to serve time. And if a judge wants to make an example or send a message, they may have wide discretion to do so.

This kind of harsh sentence is uncommon for those with drunken driving convictions. Usually, convictions result in temporary license suspensions and perhaps a stint in prison. But in most cases, the defendant is ultimately released and eventually allowed back on the road. This case raises the question of how many times a person has to be caught driving legally drunk before the judge will lock them up for a long time?

Take the recent case of a 56-year-old Houston man with eight prior convictions for DUI. Upon his ninth conviction for DUI – after he pleaded guilty to the charge – the judge sentenced him to life in prison, with the possibility of parole in 30 years. Continue reading

July 16, 2016

NYT: A $2 Roadside Drug Test is Sending Innocent People to Jail

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

It is common in traffic stops where officers suspect the presence of drugs to search the driver and request a search of the vehicle. If an officer finds a substance he or she suspects to be an illicit drug, they rely on a roadside drug test to make the call. The results of these $2 kits, which have largely remained the same in design and process since they were first released in 1973, can mean the difference between a person being released at the scene or being arrested on felony charges.

In a troubling expose on these kits, The New York Times delved into the accuracy of these kits and what they have meant to the lives of many of the 1.2 million people who are arrested annually in the U.S. on illegal drug possession charges. While those arrested are presumed innocent until proven guilty, these cheap testing kits are often a key deciding factor in how public defenders fight these cases and how prosecutors pursue them.

One analysis of the accuracy of the kits was conducted by the laboratory system operated by the Florida Department of Law Enforcement (FDLE). What they discovered was that more than 20 percent of the evidence police listed as “methamphetamine” in fact was NOT methamphetamine. In fact, half of the false positives weren’t even drugs at all. A tracking by the Hillsborough County Sheriff’s Office revealed 15 false methamphetamine positives just in the first seven months of 2014. Further, in combing through department records, officers had been given ambiguous instructions on how to conduct the tests and some misunderstood which colors indicated a positive and which indicated a negative. Continue reading

July 13, 2016

Liquid Anti-Crime Tool Draws Mixed Reviews From South Florida Police

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

It’s touted as a smart way to identify alleged thieves, drive down property crimes and return stolen possessions. It’s a spray called SmartWater CSI, and it’s a liquid that glows under ultraviolet light. The liquid is intended for spray on property or intruders, and it leaves a residue that is detectable on people for several weeks and on property for years.

Since more than two dozen law enforcement agencies in South Florida signed up to use the liquid, 11 say property crimes have taken a nosedive. However, it’s only resulted in half a dozen arrests and in no case has stolen property been recovered and returned to its owner. In fact, a number of law enforcement agencies say it doesn’t seem as if the product actually works.

As criminal defense lawyers, we would have a number of questions as to how a certain piece of property could be traced back to that particular owner or how spray identified on a certain individual could be traced back to the crime scene. Continue reading

July 10, 2016

Broward Robbery Arrest Made After Suspect Fingerprints Identified

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

A 27-year-old Broward County woman is accused of two robberies at two separate banks – one at a SunTrust Bank in Fort Lauderdale and another at a Space Coast Credit Union in Miramar weeks earlier.

Federal authorities with the FBI intervened and linked the two crimes with fingerprints, making an arrest just hours after the alleged second robbery. Investigators say the suspect, Ashley Cambridge, heisted a total of $4,220 collectively in both incidents. In both cases, she reportedly handed tellers a note that began with the phrase, “Don’t try anything stupid.”

After matching the fingerprints, authorities with the FBI Violent Crimes Task Force initiated an arrest against her at her apartment in Hollywood, the Sun-Sentinel reported. Cambridge, a mother of two small children, reportedly confessed her involvement in both robberies to authorities. She even went so far as to sign two photographs of the crime scene, circling the alleged robber in both pictures and writing the word, “Me.” She told investigators some of the money had been spent on her family and rent. Continue reading

July 6, 2016

U.S. Supreme Court: DUI Warrantless Breath Tests OK, Blood Tests Not

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

The U.S. Supreme Court handed down an important Fourth Amendment decision recently in the case of Birchfield v. North Dakota, which dealt with warrantless breathalyzer tests and blood tests, ultimately invalidating implied consent laws that pertain to warrantless blood draws.

Essentially, the court decided that while the government cannot require a person to submit to a blood draw without first obtaining a warrant, the government can require a person arrested for drunken driving to submit to a warrantless breath test.

The case was the result of consolidated appeals from three separate drunk driving arrests in which the defendants were prosecuted – or threatened with prosecution – for refusing to take a blood or breath test. Continue reading