Fort Lauderdale Criminal Attorney Blog

March 28, 2023

Can Florida Police Lie to Juvenile Suspects During Questioning?

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

While there are laws against perjury in all states, police in Florida are allowed to lie to suspects – including juveniles – during questioning. Any confessions obtained during these deceptive interactions can be used against the defendant.

Recognizing that juveniles are especially vulnerable when faced with these types of interactions (and often taught to trust police), one Florida lawmaker has filed a bill that would render the confession of a juvenile inadmissible if it was obtained by police using deception.

Frankly, SB 890 is unlikely to pass. A similar measure last year failed unanimously, and this one does not yet have a companion bill in the state House.

But it does bring up an important point that our Fort Lauderdale criminal defense lawyers often must broach with suspects who opt to speak with police before asking for a lawyer: That it’s almost always a very bad idea. This is especially true for custodial interrogations involving juvenile suspects. We would agree that they are deserving of some additional legal protections, but as of now, they don’t have it.

There is a common – and generally judicially accepted – practice by law enforcement to lie without consequence to suspects during questioning. They make false promises of lighter sentences in exchange for confessions. They misrepresent the evidence in order to get them to confess. They’ll say a co-defendant has confessed when in reality they haven’t. These tactics are even more problematic in the context of juvenile cases because youth are more vulnerable – physically and psychologically. They are more susceptible to suggestibility. This has been known to lead to false confessions – especially with kids and teens.

Just take the case of the Exonerated Five, previously known as the Central Park Five – each told by police that their friends had already implicated them in a crime and that they’d face death unless they confessed. They did confess – each giving completely different stories – only to later be exonerated.

When there is a confession or self-incriminating statement given to police during interrogation, it almost inevitably leads to a conviction or plea. That is why so many Florida criminal defense lawyers are so adamant about suspects avoiding interrogation without their attorney present. Continue reading

March 18, 2023

Why One Man’s Trash is a Florida Prosecutor’s Treasure

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

Most people don’t give their trash a second thought once they’ve brought it to the curb. However, the contents of that garbage can be life-altering for suspects in criminal cases. As our Broward criminal defense lawyers can explain, so-called “trash pulls” are an increasingly common means for police and prosecutors to obtain incriminating evidence in cases – ranging from drug offenses to sex crimes to identity theft to murder. The practice is particularly popular with narcotics squads and sex crimes divisions.

Evidence obtained from discarded trash bags can be used to obtain a search warrant into your home, your office, and your person. DNA gleaned from the contents of one’s trash – on cigarette butts, bottle tops, plasticware – can be tested and used to make a case. Seeds, stems, or traces of cocaine can be used to justify a search warrant where the cops may have otherwise had clearly insufficient evidence.

Knowing that your garbage may be the target of police attention isn’t something at the forefront everyone’s mind, but it’s something to be mindful of if you know you’re the subject of a criminal investigation.

Isn’t Going Through Someone’s Trash an Invasion of Privacy?

The main question that arises in “trash pull” cases is whether digging through someone’s refuse is a violation of privacy. However, the courts have ruled time and again that there isn’t a reasonable expectation of privacy.

For example, in the 1981 case of Stone v. State, Florida’s 1st District Court of Appeal held that a defendant did not have a reasonable expectation of privacy when he placed items in a sealed, opaque trash container on his own property. In that case, police got a tip that the defendant was dealing cocaine. A police detective rode along with garbage collectors one day, and took custody of several twist-tied garbage bags from the suspect’s home that were otherwise headed for the landfill. When the contents of those bags were later examined, police found controlled substances residue. Those findings formed the basis of a search warrant, during which time police found further evidence to base a drug trafficking arrest. The defense argued the evidence gleaned from the garbage was inadmissible because it was unlawfully obtained. But the court held that items in a garbage bin set to be gathered and discarded by garbage collectors is considered abandoned property. Abandoned property is that which one intends to forever part with. When a person abandons their property, there is no reasonable expectation that it will remain private. Continue reading

March 11, 2023

Bill to End Depositions in Some Florida Criminal Cases Would Impact Defense

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

An important part of an effective criminal defense strategy occurs in the discovery phase of the process, when both sides take depositions of witnesses. Depositions are sworn testimony given by witnesses out-of-court. Both prosecutors and defense lawyers use them to gather pertinent information about the case. They are set up in a question-and-answer format, typically with the witness, prosecutor, defense lawyer, and court reporter present. Witnesses are subpoenaed by the court, meaning they must appear and testify even if they don’t want to (though they may plead the Fifth to avoid self-incrimination). Not all information gleaned from the depositions will be allowed to be presented at trial (if the case gets that far), but it gives both sides a good idea of how witnesses will testify.

The idea is to evaluate witnesses, gather information, gain admissions, solidify trial testimony (“lock-in” witnesses to a certain version of events), identify theories and themes, and authenticate documents (such as police records and medical paperwork). witness testimony

Recently, the Florida attorney general voiced support for proposed legislation that would prevent alleged victims in certain types of cases being compelled to testify in depositions. Offenses to which the rule would apply would include:

human trafficking
domestic violence,
aggravated cyberstalking
child custody offenses
human smuggling
lewd/lascivious offenses
child abuse
child neglect
traveling to meet a minor

According to a press release from the state attorney general’s office, SB 1208 and HB 1037 would “help prosecutors secure convictions” in human trafficking and other cases.

From the perspective of a Fort Lauderdale defense lawyer, this raises some alarm bells – specifically with regard to due process rights. Furthermore, the criminal justice system was not set up to make it easy to secure criminal convictions – for good reason. It was always intended that defendants would be presumed innocent until proven guilty by the highest proof standards. The Sixth Amendment guarantees those accused of a crime the right to confront witnesses against him/her in a criminal action. Shielding accusers in a criminal from lawful depositions by defense lawyers may potentially undercut this right.

What Does the Bill Propose?

March 6, 2023

Why Self-Defense is a Risky Claim in Broward Domestic Violence Cases

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

Although society tends to view domestic violence as a one-sided crime, the reality is often a bit messier than that. It’s not unusual for both sides to be physical with each other. Yet law enforcement in Florida are statutorily urged to identify and arrest just one primary aggressor.

One can argue mutual combat or self-defense in a Broward domestic violence case – but these approaches are risky. As our Fort Lauderdale criminal defense lawyer can explain, self-defense is an affirmative defense – meaning you admit to the accused action, but argue it justified to avoid the legal affect it would otherwise have. Yes, the violent act occurred, but it was reasonably necessary in order to prevent the other person’s imminent use of unlawful force against themselves or someone else. According to F.S. 776.012, there is no duty to retreat. Further, as noted in F.S. 776.103, a person who is in their own home or vehicle is presumed by law to have a reasonable fear of imminent death or bodily harm if the alleged victim unlawfully entered or remained or attempted to remove another person against their will. Of course, in domestic situations, the question will be whether entry was unlawful – which it would not be if the residence is shared.

Florida has relatively strong self-defense statutes that protect one’s right to fight off an attacker in the face of immediate danger. However, courts expect solid evidence of that imminent threat. This is much more straightforward in situations where a stranger enters the home. In cases of domestic violence, self-defense is tougher to prove.

February 27, 2023

Fort Lauderdale Criminal Defense Lawyer Explains Upside of “Withholding Adjudication” in Florida

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

If you’re arrested in Broward County, you might qualify for a Florida criminal case outcome that involves “withholding adjudication.” As a Fort Lauderdale criminal defense lawyer can explain, this is a type of case outcome that isn’t a conviction – but it isn’t an acquittal or dismissal either. If you’re likely to be convicted, a judge’s decision to withhold adjudication can be a preferrable outcome. However, if you’re innocent and/or there’s strong evidence supporting your defense, it may not be in your best interest to agree to an outcome of withholding adjudication.

It’s really important if prosecutors offer a plea deal in a criminal case that involves withholding adjudication that you confer first with an experienced South Florida criminal defense attorney who can explain how this is likely to play out in your case, and whether it’s wise given the unique circumstances of your situation. There are many scenarios for which fighting the charges or agreeing to plead guilty to a lesser charge is actually your best option.

What Does It Mean to Withhold Adjudication?

Essentially, withholding adjudication is a means of suppressing judgment. Per F.S. 948.01, judges in Florida are empowered to withhold adjudication for certain offenses and certain defendants. A person whose case ends in the judge withholding adjudication will face some sanctions (which will include probation), but not a formal conviction (unless they violate certain terms of the agreement).

This option is generally extended in cases involving:

First-time offenders.
Individuals not likely to re-offend.
Victims who were not seriously injured.
Those NOT facing first-degree felony, life felony, or capital felony charges.
Defendant is NOT facing a third-degree domestic violence charge – unless the prosecutor has made a special request OR the court finds there are mitigating circumstances (per F.S. 775.08435).
Defendant is NOT facing a DUI charge.

Although adjudication withheld can technically be granted for those facing second-degree felonies and third-degree felonies, it’s generally unlikely unless there are mitigating circumstances and the defendant has no history of prior offenses.

Adjudication withheld does NOT mean that the charges have been dropped (i.e., a nolle prosequi). Only the state attorney’s office can do that. Furthermore, while it’s technically a means to avoid conviction, some out-of-state commercial and government organizations may not recognize a “withhold” issued in Florida. Instead, they view it akin to conviction. As to whether you’re required to disclose these cases in paperwork for employment, financial assistance, housing, etc., it depends on how the question is asked. If the question is, “Have you ever been arrested or charged with a criminal offense?” your answer may still need to be “Yes.” If the question is whether you’ve been convicted, you can safely answer “no,” at least where this specific charge is concerned.

It’s also worth pointing out that if the case for which you’re seeking to have adjudication withheld involves a civil traffic violation that you’re hoping won’t show up on your commercial driver’s license record: No dice. Federal law – specifically 49 CFR 384.226 – prohibits this.

Benefits to Adjudication Withheld in Florida

All that said, having a criminal conviction “withheld” can be a best-case-scenario alternative outcome in cases where there’s strong evidence to support conviction. Our Broward criminal defense attorney team will try to do all we can to advocate for adjudication withheld in cases where it makes good sense to do so. Continue reading

February 20, 2023

Common Broward Criminal Defense Strategies in Misdemeanor Cases

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

As Broward criminal defense lawyers, we have successfully handled a broad range of Florida criminal case types – from serious felonies to minor misdemeanors. There is no single defense strategy that’s going to work in every situation. That said, there are some approaches more commonly employed than others. If you’re arrested in Fort Lauderdale on a misdemeanor charge, it’s important to seek out a defense attorney who can discuss those that might work best given the facts and realities of your case. Note: Not every misdemeanor defendant is entitled to an attorney (even if you can’t afford one), despite the potential consequences of conviction being substantial and long-lasting. Hiring a defense lawyer – even for seemingly minor issues – is the best way to lessen the blow this whole episode will have on your life long-term.

What Prosecutors Must Prove in Florida Misdemeanors

The exact criteria of what must be established to secure a conviction in a Florida misdemeanor case depends on the charge. Yet in all cases, prosecutors are tasked with showing guilt of the crime alleged beyond a reasonable doubt – which is the highest proof burden their is in Florida law.

As a criminal defendant, one is entitled to the presumption of innocence. However, without an experienced criminal defense lawyer to advocate on their behalf, odds of that person walking away with zero consequences or a slap on the wrist aren’t great.

It’s unlikely your case will go to trial, simply because most these days don’t. Roughly 90 percent of criminal convictions are secured via plea bargains. Prosecutors routinely offer plea bargains to defendants. However, just because it’s a lesser charge than what you initially faced or the consequences are less than the max doesn’t mean that a guilty or no contest plea is wise or in your best interest. You’re far better off if you have a defense attorney who can push back on the prosecution’s case. We can help explain the long-term impact of certain types of convictions, and whether the state’s case is all that strong to start (prosecutors are unlikely to cop to case weaknesses without prodding from the defense). If you’re inclined to accept a plea bargain, it’s still best to have a defense lawyer who can fully assess the particulars and actively negotiate terms most favorable to you.

Criminal Defense Strategies in Broward Misdemeanor Cases

Generally speaking, the goal of a Broward criminal defense attorney is to poke holes in the prosecution’s case, arguing things like lack of evidence, lack of intention/willful violation, or a legal justification for the action. Exactly how we do that will depend on the charge and specific facts.

That said, here are some of the most common defenses we use in Broward misdemeanor cases: Continue reading

February 8, 2023

Is kleptomania a defense in a South Florida theft case?

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

“Did you HAVE to steal that?” If the person you’re asking has kleptomania, the answer could very well be, “Yes.” But is it a viable criminal defense in a South Florida theft case?

Maybe.

It’s probably only a successful defense strategy in a small percentage of Florida theft cases. But talk about it with your Broward criminal defense lawyer. Unless you’ve actually been diagnosed with kleptomania – and are actively seeking treatment or are willing to do so – a different approach to your defense may be much more effective.

What Exactly is Kleptomania?

You may have heard the term “klepto” used in reference to a person who regularly steals. That’s sort of the gist, but kleptomania is an actual mental health disorder that, as noted by the Mayo Clinic, involves “repeatedly being unable to resist urges to steal items that you generally don’t need.” Often, these items have little value and could likely be afforded by the person taking them.

Ultimately, it’s an emotional/behavioral issue that comes down to lack of impulse control. It’s a behavioral addiction, similar to those with gambling disorder, sex addiction, shopping addiction, or eating disorder. Like many impulse control disorders, it’s extremely difficult to resist the temptation or powerful urge to engage in this activity – even knowing it’s against the law and harmful to yourself, your relationships, your reputation, your freedom, etc.

These episodes can occur in public places, like a store (shoplifting), or may happen at someone’s residence, a friend’s home, a party, etc. The urge to steal may come and go in waves. Unlike most other shoplifters, it’s not about personal gain, revenge, or rebellion for someone with kleptomania. It’s solely about powerful urges the person doesn’t feel able to control.

It’s worth noting that if you have not been arrested/caught and want to seek help, a mental health provider is unlikely to report theft-related crimes to authorities – especially if you’re seeking help. You can talk to a defense lawyer in advance if you have concerns.

When Can Kleptomania Be Raised as a Florida Criminal Defense Strategy?

As noted by research published in The Journal of the American Academy of Psychiatry and the Law, kleptomania is a little unique among behavioral addictions in that the diagnostic criteria for the disorder necessitates criminal behavior (i.e., stealing/theft). By definition, they’ve committed theft, whether or not they’re ever criminal convicted. Continue reading

February 1, 2023

Could Broward Criminal Defense Lawyers Really Use AI Facial Recognition Software?

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

Artificial intelligence (also known as AI) has long been the subject of futuristic dystopian novels, with films like “Blade Runner” hyping the potential for this type of technology to bolster a nefarious police state. So it’s not surprising that the introduction of AI technology in criminal justice has been controversial. As our Broward criminal defense lawyers can explain, AI (specifically, facial recognition software) has been primarily utilized by police and prosecutors. Recently, however, it was used to exonerate a defendant accused of Florida vehicular homicide.

According to news reports and court records, the case began with a fatal car crash in Fort Myers six years ago. According to the defendant, he was the front seat passenger of a Mustang driven by his drunk, distraught friend, who sped recklessly at 100 m.p.h. on a street with a speed limit of 35 m.p.h. The defendant said he was terrified, begging his friend to slow down. They struck a curb, careened out-of-control, slammed into a light pole and then three palm trees before finally stopping against the side of a tree. The defendant blacked out. When he came to, his friend, the driver, was gone. The windshield had shattered. He was stuck, his seat belt jammed. And the car was on fire. He was dazed when an unknown man jumped into action, forcing open the driver side door and getting him out of the burning car.

He didn’t get the name of the man who pulled him from the car. When police arrived, they spoke briefly to the Good Samaritan – an interaction caught on the officers’ body cameras – who affirmed he’d pulled the defendant from the passenger seat. However, the officers didn’t get the name of that man either, perhaps being distracted by the fact that the defendant’s friend was dead nearby (which is not an excuse, especially as it almost led to a serious miscarriage of justice). Later, despite the defendant’s fervent insistence that he hadn’t been driving, prosecutors charged him with vehicular homicide for the death of his friend – a charge that could have landed him in prison for 15 years. They said there was conflicting evidence about who was driving; an accident reconstructionist presented evidence that the burns on his body weren’t consistent with being in the passenger seat. Prosecutors indicated the information provided to police by a nameless man on body cameras wasn’t enough, especially if he couldn’t be identified and called to testify.

But the nameless man didn’t stay nameless. The defendant was ultimately exonerated because of him, after an AI company with a facial recognition database of billions of faces granted his criminal defense lawyers access to that system. Through this, defense lawyers were able to identify that Good Samaritan – who confirmed he was there on scene, and that the defendant was indeed the one stuck in the passenger seat when he arrived. With his testimony, the prosecution dropped the case.

But use of this system to find him was only employed after years – hundreds of hours – trying to locate that man through fliers, social media, tattoo parlors inquiries, internet searches, etc. Local law enforcement reportedly ran a few cursory searches through the AI database early on as well, trying to find that witness, but didn’t have a paid account with the company, and thus didn’t pursue it further.

Still, not all criminal defense lawyers – or civil rights attorneys – are on board with the proliferation of this new technology.

How AI May Be Problematic for Both Criminal Defense and Civil Rights

January 20, 2023

Dealing With a Florida DUI Arrest When You’ve Got Priors

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

Any Florida DUI arrest carries the potential for hefty fines, driving restrictions, possible jail time – to say nothing of the impact it could have on your job, your personal relationships, and your reputation. Even so, the law – and to some extent, society – tends to treat first-time DUI offenders who haven’t hurt anyone as being largely redeemable – so long as you pay your dues, learn from your mistakes, and avoid making them again. However, if you’re arrested for a Florida DUI and it’s your second or subsequent offense, the consequences are suddenly a whole lot steeper. If you’re accused of being a repeat DUI offender is strongly advised to hire a good DUI defense attorney as soon as possible.

As our Broward DUI defense lawyers can explain, Floridians report a higher-than-average percentage of adult drivers who admit to driving after drinking too much. The Florida Department of Law Enforcement reports more than 29,000 drivers were arrested for DUI offenses in the Sunshine State in 2020 – down slightly from nearly 34,000 in 2019.

It’s estimated 1 in 3 people arrested for DUI in Florida is a “repeat offender” with prior offenses on their record. There are more than 113,000 people in Florida with at least 3 DUIs on their record. There are nearly 12,000 with five or more prior DUI arrests. Some of these individuals still retain their driving rights (though usually with limitations such as to-and-from work and with mandatory ignition interlock devices on their vehicles). Mothers Against Drunk Driving reports at least 300,000 motor vehicle trips every single day in this country involve an impaired driver. Of those, about 4,000 are arrested. Those with prior

The penalties for driving under the influence in Florida increase with every prior offense.

Consequences for Conviction of DUI in Florida – 1,st 2nd, 3rd+ Time Around

If you’ve had prior DUI convictions and are arrested again, you may think you “know the drill.” But you need to be prepared for police and prosecutors to take your case much more seriously. Sentencing guidelines will skew in favor of jail time and stiff fines.

As outlined in F.S. 316.193, penalties for DUI are as follows: Continue reading

January 10, 2023

Big Penalties For Firearm Possession While Subject to Florida Domestic Violence Injunction

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

Many Americans hold their Second Amendment rights dear. But if you’re convicted of a Florida domestic violence offense OR you have a final domestic violence/stalking injunction against you, the right to bear arms goes out the window. In fact, buying or possessing firearms or ammunition post conviction or while you are subject to a Florida domestic violence injunction can result in serious penalties – including years behind bars. In some cases, federal authorities may get involved – even if the underlying injunction or conviction was issued at the state level. It is imperative if you’re accused of a firearms violation while subject to an injunction that you seek immediate legal counsel from a qualified defense attorney.

Case-in-point: A U.S. District Court judge recently sentenced a man to more than 3 years federal prison for possessing firearms while subject to a Florida domestic violence injunction. According to the U.S. Attorney’s Office for the Middle District of Florida, the 44-year-old defendant was subject to a domestic violence injunction issued by a state judge in Jacksonville. As part of that injunction, he was forbidden from purchasing or possessing any firearms or ammunition while the order was in effect. This directive was expressly communicated to him in the injunction, which noted failure to abide this rule was a violation of both state and federal laws.

In the spring of 2020, the defendant reportedly signed an affidavit indicating he’d turned over all firearms to deputies with the Jacksonville County Sheriff’s Office. But then, federal authorities were tipped off that he had not actually turned over all firearms in his possession. A special agent with the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) began investigating, and noticed the defendant also had several firearm silencers that were nationally registered, but not surrendered to the sheriff’s office along with his other firearms and ammunition. The agent obtained a search warrant, which was executed in November 2021. At his residence, agents reportedly found seven guns (rifles, pistols, revolvers), silencers, and thousands of rounds of ammunition. Some of the guns and silencers were not properly registered.

His guilty plea for possession of firearms while subject to a domestic violence injunction was met with a 37-month prison sentence.

Florida & Federal Laws Against Firearm Possession in Violation of Domestic Violence Injunction