Broward criminal defense

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

September 15, 2020

6 Reasons You Should Never Talk to Police Without a Florida Defense Lawyer

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

As a Broward defense attorney, I generally advise people never to talk to police without a lawyer present. This is true whether you’re innocent or not. Even those who don’t believe they are suspected of a crime should use great caution.

The Fifth Amendment to the Constitution prevents anyone from being compelled in any criminal case to be a witness against himself or herself. You have the right to remain silent. You need to tell them your name, but you don’t need to answer questions about where you’re going, where you came from, what you’re doing, where you live, whether you’re a U.S. citizen or here lawfully. You shouldn’t lie or run. Stay as calm as possible. But be crystal clear that you’re exercising your right to silence. Request a lawyer before you agree to answer any other questions.

Some people are concerned this makes them seem guilty. Especially when they’ve done nothing wrong, it can be tempting just to talk. After all, police can be intimidating and these encounters can cause all kinds of anxiety and most people just want it over with. But here are 6 reasons you really need to refrain from talking to the police at all without your lawyer present. Continue reading

August 15, 2019

Florida Petty Thefts Treated as Felonies; Bill to Change That Fails

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

It’s hard for some folks to believe that non-violent, small-time, petty theft can land people in a Florida prison for years. But it happens all the time, both because of Florida’s low felony theft threshold and minimum mandatory penalties for those convicted of prior offenses.

Two bills that had been advancing through the Florida legislature earlier this year sought to address it. Both, however, have since been defeated, meaning at least this year, the Sunshine State won’t be joining the ranks of a growing number of states that are increasing the dollar amount threshold for felony theft charges (the dollar amount at which a theft crime becomes a felony instead of a misdemeanor).

Lowest Felony Theft Threshold in the Country

In fact, Florida has the second-lowest felony theft threshold in the country – just $300, per F.S. 812.014. Someone may end up in prison for stealing even less than that if they have prior convictions or are on probation/parole. Other states, on average, have a felony theft threshold of somewhere between $1,000 and $2,500. Plus, many don’t have the punitive provision that Florida has, wherein the third petty theft is an automatic felony charge. Continue reading