Fort Lauderdale Criminal Attorney Blog

April 19, 2015

Domestic Violence Results in 20-Year Sentence for Rape, Kidnapping

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

Most people view domestic violence as a kind of misdemeanor crime that can fairly easily be overcome in court, as the accusations are largely he-said-she-said.

Sometimes, this is true. And it’s also true that a lot of allegations get overblown as a result of statements made in the intensity and heat of an emotional argument. However, it’s also true that certain domestic violence cases in Florida can result in felony convictions accompanied by decades-long prison sentences.

In the recent case of a former Broward County bailiff, reports say he narrowly escaped a life sentence for a conviction on charges that he kidnapped and raped his wife on the day she asked for a divorce.
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April 15, 2015

Florida Grand Theft Charges Dropped in Plea Deal for Vanilla Ice

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

A criminal grand theft case against former rapper Vanilla Ice (AKA Robert Matthew Van Winkle) has been dropped in a plea deal recently approved by a Palm Beach County judge.

Police in Latana had arrested the former “Ice Ice Baby” rapper after it was alleged he had stolen a pool heater, furniture, bicycles and a patio set from a vacant home in the city. Van Winkle, now working in real estate and remodeling – even starring on a show about flipping houses — says the whole thing was a misunderstanding.

Prior to entering the courthouse to sign the plea deal, he told reporters he had no criminal intent. Nonetheless, he signed a document admitting his guilt. In turn, prosecutors agreed to a pre-trial intervention program that requires the former rapper to complete 100 hours of community service over the next year. There are a number of other conditions as well. If he successfully completes all of these, the case goes away.
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April 13, 2015

Vehicular Homicide in Palm Beach Leads to Prison Term

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

We typically don’t think of speeding as an infraction for which one could face jail time, let alone an extended prison term – especially if the offending driver wasn’t drunk or under the influence of drugs.

And yet, that is what’s happening in a recent case in Boca Raton, in which one speeding driver, a Palm Beach State College student, was sentenced to four years in prison for his part in a multi-vehicle crash that led to the death of a 57-year-old woman. Defendant had actually faced 15 years, and if he violates his probation after release, he could be re-sentenced to that amount of time. His co-defendant, who is still awaiting trial, could also face a 15-year term.

Both men, in their early 20s, were alleged to have been excessively speeding. Authorities said the two, who didn’t know each other before that day, were racing one another on a busy road during rush hour.
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April 8, 2015

Florida Domestic Violence Allegation Proven Unfounded, Accuser Arrested

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

A Boca Raton woman was arrested on charges of domestic violence – but only after she called police alleging she had been the victim.

According to the Sun Sentinel, a 53-year-old woman called 911 following an argument with her husband. She alleged in the phone call that her husband struck her with a closed fist and threw dishes at her.

Initially, she told the dispatcher the attack occurred in the bedroom shared by the couple. But when officers arrived, her story changed to indicate the assault had taken place in the bathroom. Officers noted a smashed dish soap holder on the floor.
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April 4, 2015

Williams v. Florida – Importance of Chain of Custody

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

In criminal prosecutions in Florida, the state has to establish a “chain of custody” for certain kinds of evidence in order for it to be admitted.

Prosecutors have to show that what they are offering into evidence is exactly what they purport it to be. For example, the drugs being shown to the judge and jury are exactly the drugs that were found on the defendant, or the pieces of clothing are the exact garments that were stolen from a given store in a shoplifting case.

In order to prove that those items are one in the same, prosecutors have to show who had possession of those items at all times between the time they were seized by law enforcement until the time of trial. This is the “chain of custody.” It’s the reason why storage of evidence is often critical in criminal cases, particularly when certain exhibits may have been altered or tested. A break in the chain of custody could result in suppression of evidence, which is typically an advantage for the defense.
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March 31, 2015

Florida Supreme Court: No Life Sentences for Juveniles

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

The Florida Supreme Court recently ruled all Florida juveniles convicted of homicide and sentenced automatically to life imprisonment must now be resentenced under a new law passed last year.

The ruling addresses the issue of retroactivity for Miller v. Alabama, which was a U.S. Supreme Court decision that barred life sentences for juvenile killers.

There are approximately 250 state prisoners in Florida currently serving life sentences for homicides committed before their 18th birthday. Legislators passed a law last year to conform to the Miller decision, but it was only applicable to murders committed after July 2014. For two decades prior, state law mandated juveniles convicted of first-degree murder should receive an automatic life sentence.
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March 27, 2015

Green v. Florida – Officer Testimony in Drug Case Challenged

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

In the recent case of Green v. Florida, a man convicted of trafficking cocaine appealed on several grounds, most notably for the fact the court allowed officers to testify he was arrested in a high-crime neighborhood.

Although the Fourth District Court of Appeal upheld conviction, it wrote to address this particular issue (rejecting without comment claims of entrapment and improper admission of hearsay evidence).

According to court records in the case, agents with the Bureau of Alcohol, Tobacco and Firearms established an undercover operation an economically depressed neighborhood which authorities had designated as “high crime.” An undercover agent worked as manager of the store. The operation was reportedly established to address violent crime, with a focus on drug crimes and firearms violations. A multi-agency task force identified this neighborhood as a target for enforcement using crime mapping statistics.
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March 23, 2015

DUI Manslaughter Arrest in Davie Crash Case

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

For the death of a 6-year-old boy and injuring three others, a 20-year-old Davie man is facing serious felony charges that could send him to the prison for the next 35 years or more.

According to news reports, the suspect, who was 19 at the time of the wreck, had a blood-alcohol level that was 0.21, which is nearly three times the legal limit of 0.08 percent. He was also allegedly driving between 90 and 108 miles per hour on a road with a designated speed limit of 45 miles per hour.

He allegedly changed lanes several times in the moments before the crash. As he approached an intersection, he did not slow at all, and collided with another vehicle shortly before midnight. The 6-year-old was in that other vehicle, in the center of the rear seat.
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March 19, 2015

Extortion Charges for Broward Officer Accused of Threatening Ex

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

“Extortion” sounds like one of those charges that might commonly be associated with 50s-era mob bosses.

However, we are seeing an increasing number of extortion charges filed with the advent of technology.

Our increasing reliance on technology makes companies vulnerable to threats of targeting their websites or databases if they don’t comply with some demand. Secondly, there is more personal – sometimes even embarrassing – information available with just a few keystrokes. The ease with which that information can potentially be disseminated publicly has created a situation where such threats carry significant weight.
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March 12, 2015

Broward Jury Acquits Man Who Grew Marijuana for Medicine

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

For the first time in the history of the Sunshine State, a jury in Broward County acquitted a man for growing a Class I illegal substance based on his argument of medical need.

Defendant was the first in Florida to argue medical need in a marijuana case, despite the fact the drug remains illegal for all purposes.

Dozens of others states in recent years have passed legislation allowing exceptions to the federal prohibition on the drug for those with a proven medical need. Now, there are even a few states who allow the drug to be sold and possessed for recreational purposes. Florida is not one of those states. Last year, a bill that would have legalized marijuana for medicinal purposes in Florida was narrowly defeated, though it is expected to be reintroduced at the next election.
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