Fort Lauderdale Criminal Attorney Blog

February 14, 2015

Sobriety Eye Tests Under Fire in DUI Cases

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

Police officers swear the eyes never lie, at least when it comes to the horizontal gaze nystagmus exam.

The test is routinely used by police officers who suspect a driver is drunk as part of the field sobriety exam. It involves having a suspect follow a small object, such as a pen, with their eyes as the officer slowly moves it horizontally in front of them. The suspect is asked to do so without moving his or her head.

What the officer watches for is an involuntary jerking of the eyes, which is referred to as a nystagmus.
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February 7, 2015

Crimes of Accessory – When Helping a Friend Hurts You

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

There is a popular, viral meme that states something to the effect: “A good friend will bail you out of jail. A best friend will be sitting next to you in the cell.”

It’s intended to elicit a chuckle, but the reality is, helping a friend or family member commit a crime – or covering for him after – is no laughing matter. Particularly in cases of felonies, those who assist in committing crimes or covering for someone, can face serious penalties.

A recent example of this was seen in the federal case of U.S. v. Marion, where a defendant pleaded guilty to a charge of accessory after the fact. He reportedly helped his cousin hide from a shooting and carjacking spree that left one man dead and several other people traumatized.
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January 28, 2015

Florida DUI Checkpoints Prompt Viral Video

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

DUI checkpoints occur nearly every day across the country, and up to several times a week in Florida. While some states refuse to allow them, sobriety checkpoints have been deemed constitutional by the U.S. Supreme Court and the Florida Supreme Court. Still, they continue to raise the ire of some drivers who insist they are an infringement on their liberties.

It was in this vein that a series of complied videos shot in recent Florida checkpoints went viral.

The clips show drivers approaching a DUI checkpoint. Each have a document placed in a clear, sealed bag outside that hangs outside their driver’s side window.

The document has the following text: “I remain silent. No searches. I want my lawyer.” The sign further instructs officers to place any citation under the windshield wiper. As the driver is neither required to sign a ticket or physically hand the officer his or her license, the note instructs officers the driver will not roll down the window. However, the paper does indicate, “I will comply with clearly-stated lawful orders.”
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January 21, 2015

State v. Daszkal – Teen Avoids Prison in DUI Manslaughter Case

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

A teen driver who confessed to police he had consumed marijuana just prior to a fatal crash that claimed the life of a 65-year-old motorcyclist two years ago will not go to jail, according to a new report by the Sun Sentinel.

This is an interesting case because F.S. 316.193 holds that a person convicted of DUI manslaughter, the charge the teen was facing, will serve a minimum mandatory sentence of at least four years in prison. That’s the minimum. As a second-degree felony, the law allows for up to 15 years of prison time on each count.

The caveat here is the teen won’t be convicted of DUI manslaughter. Instead, a plea deal struck in negotiations between his legal defense team and prosecutors involves reducing charges to reckless driving causing serious injury and a minor marijuana possession charge.
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January 17, 2015

Smith v. Florida – New Trial for Drug Defendant for Improper Testimony

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

A man previously convicted of drug dealing has been given another trial, after Florida’s First District Court of Appeal ruled certain testimony from a law enforcement officer was improperly admitted.

According to court records in Smith v. Florida, an officer, over the objection of defense counsel, detailed the “typical” drug dealing patterns and likened them to the actions of defendant.

Citing the 2010 ruling in the case of Austin v. State, justices ruled this was improper. Specifically, it “invaded the province of the jury” with the suggestion that an inference should be drown from the facts before them to the general patterns of criminal behavior. It serves to unfairly prejudice defendant.
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January 9, 2015

Fort Lauderdale DUI Manslaughter Cases in Court

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

Prosecution in a number of DUI-related deaths in Fort Lauderdale has recently made headlines, with authorities seeking harsh penalties for convicted defendants.

Courts in Florida are given broad discretion in terms of sentencing in a DUI manslaughter case, thought there is a minimum mandatory sentence of four years in prison, per F.S. 316.193. Depending on the circumstances, one could serve a maximum of 15 to 30 years on a single charge (the latter reserved for first-degree felony cases in which defendant caused the crash while drunk and then also fled the scene without rendering aid as required by law).

Prior to last year, some defendants may have had incentive to flee, as penalties for a fatal hit-and-run were far less than those for DUI manslaughter. If the person could hide from authorities long enough for their blood-alcohol content to diminish, they had a good chance at a reduced penalty. That’s no longer true, following the passage of the Aaron Cohen Life Protection Act, which increased the minimum mandatory penalties for fatal hit-and-run to align with those for DUI manslaughter.
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December 31, 2014

New Year, Clean Slate: Seeking Expungement in Florida

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

As we look to a new year, some may wish to explore the possibility of a clean slate. That is, to have their criminal record expunged so it no longer hinders their ability to secure a job, student loans or other opportunities.

You may have heard recently of celebrity Mark Wahlberg seeking a pardon for a felony assault charge he committed in 1988 in Boston as a 16-year-old. It’s worth noting a pardon and an expungement are two different things. Having one’s record expunged in Florida requires certain criteria be met, and the process is completed judicially through the courts. Meanwhile, a pardon is granted by an official within the executive branch.

Wahlberg, for instance, is one of dozens seeking a pardon from the outgoing Massachusetts governor. In that state, the governor recently expanded guidelines to make it easier for people to apply for pardons, commutations or reductions in prison sentences.
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December 19, 2014

Shoplifting Charges, Theft Allegations Up Amid Holidays

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

Tis the season for giving – and also for taking. Theft in its various forms inevitably spikes during the holidays, when more opportunities present themselves.

From retail theft to package theft to identify theft – there is always more of it in December and January. Law enforcement agencies have responded to this by initiating special operations to target such offenders, particularly those involved in organized retail crime.

For example, “Operation Holiday Steals” was a three-day sting involving partnerships with the Broward County Sheriff’s Office, local police, U.S. Homeland Security, the U.S. Secret Service and some two dozen large-scale retailers, including Target, Walgreens, Macy’s and Sports Authority. The stores sent their best loss prevention administrators to work with law enforcement in order to identify and arrest some of the area’s top retail crime offenders. Several banks and financial firms helped with detection of stolen credit cards and credit card fraud.
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December 14, 2014

Report: Florida Cornerback Avoids Criminal Charges for DUI Hit-and-Run

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

In the wee hours of the morning in early October, the starting cornerback at Florida State University was returning from a celebration of his team’s victory. Meanwhile, in the opposite direction, a teenager was returning home from his shift at the Olive Garden.

The football player reportedly entered the oncoming lane. Both vehicles were totaled. While Florida law requires any driver involved in a crash to remain at the scene, the football player and his two friends allegedly fled on foot.

This was serious. First of all, DUI in and of itself is a considerable offense, punishable per F.S. 316.193 with up to six months in jail, a $1,000 fine and possible ignition interlock installation for a first-time conviction. Involvement in a wreck with property damage while drunk is a first-degree misdemeanor, punishable by up to one year in jail. Causing serious bodily injury in a DUI crash is a third-degree felony, punishable by up to five years in prison. Then there is the hit-and-run aspect, which per F.S. 316.027 carries a five-year prison term if the crash resulted in injury and a 30-year prison term if the crash resulted in death.
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December 7, 2014

Florida Domestic Violence Arrests Up Over Holidays

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

The number of domestic violence reports, arrests and shelter resident counts increase every year around the holidays.

Experts who study the issue point to a number of potential factors: More frequent bouts of depression, loneliness, family tension, alcohol consumption and more time spent indoors and at home. It’s also a time when estranged relatives, ex-husbands, ex-wives, ex-boyfriends and ex-girlfriends are more likely to be invited to family gatherings, and there is a heightened risk of a confrontation.

Additionally, no-contact orders are far more likely to be violated, as people try to set aside differences to make the holiday better for children and other loved ones. Unfortunately, even if both parties consent to the contact, it’s still illegal so long as the court recognizes the order as valid.
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