Fort Lauderdale Criminal Attorney Blog

February 23, 2014

Warrantless GPS Tracking – Police, Technology and Your Legal Rights

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

Nearly two years ago, the U.S. Supreme Court ruled that law enforcement’s installation and use of a Global Positioning System (GPS) tracking device is a “search” generally subject to the Fourth Amendment’s warrant requirement.

But a federal appeals court recently decided that the failure of police to obtain a search warrant did not prevent the use of evidence obtained from the GPS tracking of a Ford Expedition used in the commission of several South Florida robberies.

While the courts decide the precise rules regarding GPS tracking, understand that our Fort Lauderdale criminal defense lawyer has the experience to challenge the legality of every form of electronic surveillance used by law enforcement.

February 16, 2014

Miami-Dade Murder Charges Tossed Under ‘Stand Your Ground’

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

A Florida appeals court has applied the state’s “Stand Your Ground” law to throw out second-degree murder charges against a man who shot two other men outside an Opa-locka Chili’s in 2008.

The case exposes the trouble state judges are having in applying the controversial law, and emphasizes the need for experienced representation whenever a defendant claims that his use of deadly force was justified.

Although most people understand they have they have a right to defend themselves against a violent attack, our Fort Lauderdale criminal defense lawyer understands what it takes to mount a defense in a Stand Your Ground case.

February 6, 2014

False Domestic Violence, Child Abuse Allegations Can Mar Your Future

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

The Florida Department of Children and Families received a spate of calls regarding alleged abuse involving a father and his young son.

Authorities dug deeper to learn the accused had recently been embroiled in a custody battle with his ex-wife over the son in question. Investigators found no evidence of abuse, and this resulted in three individuals – the ex-wife and two of her friends – being arrested for making a false report of child abuse.

Our Fort Lauderdale domestic violence attorneys know that such outcomes are rare. In a great number of these cases, authorities are hasty in making arrests, for fear of being held liable in some way if they fail to act and something more serious occurs.
Continue reading

February 5, 2014

South Florida DUI Arrest of Justin Bieber: What May Go Wrong, and Right, For the Star

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

Since pop singer Justin Bieber was arrested in South Florida for DUI recently, it has become apparent that there were some things that the singer did that may not work in his favor with regard to his criminal case. However, there are some things that his DUI defense lawyers will no doubt work to his advantage.
The case is relevant not so much because of Bieber is a relatable celebrity (many would argue the opposite) but because the situation resembles so many others involving young people arrested for DUI.

To start out with, we have these basic facts, as gleaned from the news media’s reporting:
Continue reading

January 30, 2014

Covington v. United States – Defending White Collar Crimes

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

An appellate court recently denied an appeal by a defendant in a white collar criminal case, following his conviction on charges of mail fraud, conspiracy to commit mail fraud, theft from an organization receiving federal funds, and conspiracy to commit money laundering.

The denial of this appeal means the nine-year prison sentence for the former city official will stand.

Although many people who are convicted of white collar crimes are fairly well-educated, what our Fort Lauderdale criminal defense lawyers often find is that they don’t recognize the severity of the crimes of which they are charged – particularly at the start of the investigation.
Continue reading

January 25, 2014

U.S. v. Guzman – Never Consent to a Search

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

One of the smartest things a person can do if stopped by a police officer is decline consent to a search – be it of your vehicle, your home or your persons.

It may not prevent the search from taking place. It may not even prevent your arrest. But clearly refusing a search will provide your Fort Lauderdale defense attorney with grounds upon which to request a suppression of evidence. If evidence is suppressed, it can’t be used against you and you have a better chance of seeing the charges dismissed or significantly reduced.

Relevant grounds for suppression would be if the officer failed to follow lawful procedure in conducting the search after consent was refused. However, if you consent to the search – as police will no doubt pressure you to do – all bets are off. By consenting to a search, you effectively waive your right to fight it later.
Continue reading

January 20, 2014

Christian v. Wellington – Overcoming a Mountain of Evidence

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

There is a tendency among criminal defendants facing serious felony charges to assume they have few options.

Pressured by prosecutors and busy public defenders, defendants may be be quick to accept a less-than-advantageous plea deal, simply because they assume there is little chance of successfully fighting the charges at trial.

But here is what our Fort Lauderdale defense attorneys want you to know: No matter what evidence is stacked against you, never conclude the rap is unbeatable. In many cases, there are factors that can matter more than the evidence.
Continue reading

January 14, 2014

Medlock v. Trs. of IN Univ. – Dorm Room Rights

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

For many college students, dorm life is the first taste of freedom and adulthood. But a dorm room is not exactly like a private residence when it comes to searches.

What you need to understand is that while you are protected against unlawful searches and seizures from police, the school still owns your residence. Fort Lauderdale criminal defense lawyers encourage students to assert their right to withhold consent for dorm searches, with the understanding that without consent, law enforcement officials generally must have a warrant before searching your room. The school, however, may be allowed to search regardless of your approval.

The case of Medlock v. Trs. of IN Univ. stems from the search of a dorm room that led to the arrest and expulsion of a sophomore. The criminal drug charges were eventually dropped and the student was admitted back to the school.
Continue reading

December 26, 2013

DUI Manslaughter Arrest Requires Experienced Defense

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

Outrage was spurred after a 16-year-old drunk driver received 10 years of probation following a fatal wreck in which four people were killed and two seriously injured.

A psychologist at the trial testified that the teen, who lived on his own in a home purchased by his father, suffered from “affluenza,” and was the entitled product of wealthy parents who reportedly never allowed him to suffer any consequences for his actions.

The teen driver was reportedly traveling 70-miles-per-hour in a 40-mile-per-hour zone when he collided with the broken down vehicle of a teen girl, whom two families had stopped to help. Two of the teen’s passengers reportedly suffered severe and permanent brain injuries. The defendant’s blood-alcohol content reportedly measured at 0.24 three hours after the crash, and prescription drugs were found in his system.

The teen could have faced up to 20 years behind bars for his DUI manslaughter arrest.
Continue reading

December 20, 2013

Navarette v. California – Traffic Stops Based on Anonymous Tips

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

The Fourth Amendment well establishes that before a police officer can initiate a traffic stop, he or she must have reasonable suspicion that a crime has been committed or is about to be committed.

But in the case of Navarette v. California, the question is what obligation does a patrol officer have to corroborate anonymously provided information relating to reckless drivers. The U.S. Supreme Court has agreed to take on this issue, with oral arguments slated to for late next month.

The resulting decision is likely to have a great impact on whether Broward DUI defense lawyers will have additional grounds on which to challenge the evidence against our clients.
Continue reading