criminal defense attorney

July 18, 2025

10 Common Mistakes People Make After a Fort Lauderdale DUI Arrest

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

Getting arrested for DUI in Fort Lauderdale can be overwhelming, frightening, and confusing. In the hours and days following your arrest, the decisions you make can dramatically impact the outcome of your case. Unfortunately, some people unknowingly sabotage their own defense by making critical mistakes that increase their risk of conviction and lead to harsher penalties.

As an experienced Fort Lauderdale DUI defense lawyer, I’ve seen cases where defendants’ actions after their arrest made an already challenging situation significantly worse. Understanding these common pitfalls and how to avoid them is crucial for protecting your rights and preserving your defense options.

The Stakes Are Higher Than You Think

Before diving into specific mistakes, it’s important to understand what you’re facing. A DUI conviction in Florida carries serious consequences including license suspension, hefty fines, mandatory DUI school, community service, possible jail time, and a permanent criminal record. These penalties only increase with subsequent offenses or aggravating circumstances. Every action you take after your arrest can either help or hurt your case.

Mistake #1: Talking Too Much to Police After Arrest

One of the most damaging mistakes people make is continuing to speak with law enforcement after their arrest (or even before). Many defendants feel compelled to explain themselves, apologize, or provide additional details about their evening. This urge to “set the record straight” nearly always backfires.

How This Impacts Your Case. Anything you say can and will be used against you in court. Police officers are trained to ask questions that may seem casual but are designed to elicit incriminating responses. Even seemingly innocent statements like, “I only had two drinks” or, “I was coming from dinner” can be twisted to support the prosecution’s case. A skilled criminal defense attorney knows that these statements often provide prosecutors with ammunition they wouldn’t otherwise have.
The Better Approach. Exercise your right to remain silent. Politely state that you wish to speak with a Fort Lauderdale DUI defense lawyer before answering any questions. This isn’t an admission of guilt; it’s a constitutional right designed to protect you.

Mistake #2: Failing to Request an Administrative Hearing

Florida law requires that you request an administrative hearing within 10 days of your DUI arrest to challenge your license suspension. This hearing is separate from your criminal case and provides an opportunity to potentially save your driving privileges.

How This Impacts Your Case. Missing this 10-day deadline results in an automatic license suspension. You lose the opportunity to challenge the suspension and may face months without driving privileges. This can severely impact your ability to work, attend court hearings, and meet with your criminal defense attorney. Additionally, failing to request this hearing eliminates valuable discovery opportunities that could benefit your criminal case.
The Better Approach. Contact an experienced Fort Lauderdale DUI defense lawyer immediately after your arrest. An attorney can request this hearing on your behalf and use it strategically to gather evidence for your criminal defense.

Mistake #3: Hiring the Wrong Attorney or Trying to Handle It Yourself

Some people make the costly mistake of either representing themselves or hiring an attorney who lacks specific DUI experience. DUI law is highly specialized, with complex procedural requirements, scientific evidence issues, and constantly evolving legal standards.

How This Impacts Your Case. General practitioners or inexperienced attorneys may miss crucial defense strategies, fail to properly challenge evidence, or overlook procedural violations that could result in case dismissal. Self-representation is even more dangerous, as prosecutors are skilled at taking advantage of unrepresented defendants. You’re essentially bringing a knife to a gunfight.
The Better Approach. Hire a Fort Lauderdale DUI defense lawyer who specializes in DUI cases and has extensive experience with local courts, prosecutors, and judges. An experienced criminal defense attorney will know how to challenge breath test results, field sobriety tests, and police procedures while building the strongest possible defense.

Mistake #4: Ignoring Court Dates and Deadlines

April 20, 2025

How to Get Criminal Charges Dropped in Fort Lauderdale, Florida

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

Being arrested in Fort Lauderdale can be an overwhelming experience. However, having a basic understanding of the legal process and knowing your options may help you achieve a favorable outcome. Here, our Fort Broward defense lawyers explain how criminal charges can potentially be dropped in Broward County and why early legal representation is crucial.

Understanding Who Files Criminal Charges in Florida

A common misunderstanding is that police officers file criminal charges. In reality, the Office of the State Attorney makes the final decision on whether to file formal charges against a suspect. In Broward County (where Fort Lauderdale is located), the State Attorney’s Office reviews evidence gathered by law enforcement before determining whether to pursue a case.

Under Florida Statute §27.02, state attorneys are vested with the authority to “appear in the circuit and county courts within his or her judicial circuit and prosecute or defend on behalf of the state all suits, applications, or motions, civil or criminal, in which the state is a party.”

The Advantage of Early Legal Representation

Hiring a criminal defense attorney immediately after arrest—or even during the investigation phase before charges are formally filed—can be strategically advantageous for several reasons:

Pre-filing intervention: A skilled criminal defense attorney can contact the State Attorney’s Office during their review process to present exculpatory evidence or highlight weaknesses in the state’s case before formal charges are filed.
Evidence preservation: Your defense attorney can work quickly to secure surveillance footage, witness statements, and other time-sensitive evidence that might support your defense.
Protection of rights: A criminal defense lawyer ensures that your constitutional rights are protected throughout the investigation and prevents you from making statements that could harm your case.
Strategic planning: Early involvement allows your attorney to develop a comprehensive defense strategy tailored to your specific situation.

Circumstances That May Lead to Dropped Charges

Several scenarios exist where charges might be dropped in Fort Lauderdale:

1. Insufficient Evidence

If the prosecutor determines there is not enough evidence to prove guilt beyond a reasonable doubt, they may drop the charges. Your Fort Lauderdale defense attorney can expose weaknesses in the prosecution’s case through investigation and legal analysis.

2. Procedural or Constitutional Violations

Violations of your constitutional rights can lead to charges being dismissed. Examples include:

Unlawful search and seizure in violation of the Fourth Amendment.
Failure to read Miranda rights prior to custodial interrogation.
Chain of custody issues with evidence.

Under Florida Rule of Criminal Procedure 3.190, your attorney can file motions to suppress evidence obtained through improper means.

3. Completion of Pretrial Intervention Programs

Florida Statute §948.08 establishes Pretrial Intervention Programs (PTI) that allow certain first-time, non-violent offenders to have charges dropped upon successful completion of court-ordered requirements. Similarly, Broward County offers specialized diversion programs for substance abuse and mental health issues.

4. Witness or Victim Cooperation Issues

If key witnesses become unavailable or uncooperative, or if a victim no longer wishes to pursue charges, the prosecution may determine that they cannot successfully prosecute the case.

5. Affirmative Defenses

Self-defense claims under Florida’s Stand Your Ground law (Florida Statute §776.013) or other affirmative defenses may convince prosecutors to drop charges prior to trial.

Alternative Favorable Outcomes

March 10, 2025

Common Misconceptions About Fort Lauderdale Domestic Violence Cases

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

Domestic violence charges in Fort Lauderdale can have life-altering consequences — but many of our clients walk through the doors burdened with myths and misunderstandings of how these cases work under Florida law. Separating fact from fiction is essential when navigating the criminal justice system.

Hiring an experienced criminal defense lawyer is crucial to protecting your future, but it’s also important to become informed about some of the most common misconceptions about domestic violence cases.

Misconception #1: Domestic Violence Charges Can Be Dropped by the Alleged Victim

One of the most widespread misunderstandings in domestic violence cases is that the alleged victim can simply “drop the charges.” In Florida, the reality is that once an arrest is made for domestic violence, the case becomes the responsibility of the State Attorney’s Office, not the alleged victim. Even if the accuser wants the case dismissed, the prosecutor can – and often does – pursue charges regardless.

Under Florida Statute 741.28, domestic violence includes assault, battery, sexual assault, stalking, kidnapping, or any criminal offense resulting in physical injury or death to a family or household member. Once law enforcement determines there is probable cause, an arrest is typically mandatory. The state may use evidence such as 911 recordings, witness statements, medical reports, or photographs, even if the accuser is unwilling to testify.

Misconception #2: A First-Time Offense Isn’t a Big Deal

Many people underestimate the seriousness of a first-time domestic violence charge. Florida law imposes strict penalties even for first-time offenders. A misdemeanor domestic battery conviction under Florida Statute 784.03 can carry up to one year in jail, a year of probation, mandatory completion of a 26-week Batterer’s Intervention Program (BIP), and fines.

More importantly, a domestic violence conviction cannot be sealed or expunged—even if it is your first offense. A permanent criminal record can affect employment, housing, custody rights, and immigration status. In some cases, a no-contact order will be issued, forcing you to leave your home or stay away from your children.

Misconception #3: If There Was No Injury, It’s Not Domestic Violence

Another misconception is that physical injury must occur for a charge to qualify as domestic violence. In reality, even minimal contact—or the threat of it—can result in charges. Florida law intentionally defines domestic violence broadly. For example, pushing, grabbing, or throwing an object (even if it misses) may constitute battery or assault.

In State v. Hearns, the Florida Supreme Court in 2007 reaffirmed that acts of violence do not need to result in physical harm to be prosecutable under domestic violence statutes. What matters is the intent and context of the act—not the severity of the injury.

Misconception #4: A Conviction Is Guaranteed if the Police Made an Arrest

May 6, 2024

Broward Defense Attorneys Relieved Florida DUI Bill Dies in House Committee

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

A Florida bill that would have required drivers who refuse to submit to breathalyzers to immediately install ignition interlock devices has died in the House committee.

Broward defense lawyers had been greatly concerned that the proposed Florida DUI law would run afoul of 4th Amendment Due process rights.

HB 39 and its companion bill, SB 260, would have required any driver arrested for DUI who refuses to submit to a lawful breath test to automatically be required to install an ignition interlock device on their vehicle. This would be done at the driver’s own expense – which can cost anywhere from $670 to $1,610 The first refusal would result in a one-year license suspension and subsequent incidents of refusal would result in an 18 month license suspension. The DMV would require such placement before issuing a permanent or restricted driver’s license related to such refusal.

For those who may be unfamiliar, ignition interlock devices are small, electronic devices (about the size of a cell phone) wired to a vehicle’s ignition that require the driver to provide a breath sample negative for alcohol before the car will start. Drivers may also be periodically required to provide a breath sample to ensure they aren’t drinking while driving.

The reason this particular bill rankled Broward defense lawyers is because it appeared to impose a penalty right after arrest – not as a punishment following conviction. People arrested are innocent until proven guilty. This is a fundamental foundation of our criminal justice framework. To impose a penalty on someone incidental to arrest, when they are still presumed innocent, is a violation of due process. Continue reading

November 29, 2023

Why Fort Lauderdale Criminal Defense Lawyers Must Combat Evidence-Based Sentencing

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

The notion of making “evidence-based” decisions in a criminal case sounds like an all-around positive – right? After all, detention, arrest, conviction – all of that is “evidence-based.” Police, prosecutors, judges, and jurors can’t simply rely on their own whims to reach conclusions. They must use evidence. However, as Fort Lauderdale criminal defense lawyers can explain, using “evidence-based” tools can lead to substantially skewed and unfair outcomes when applied during the sentencing phase.

The Cornell Law Review opens its 2019 research on this very topic by breaking it down like this:

“Jack and Jill went up the hill to steal a pail of water, Both were caught and sentenced to jail, But Jack came out two years later.” Why was Jack sentenced to so much more time than Jill when they both committed the same crime and have the same criminal history? Because he’s male, and statistically, men have higher recidivism rates than women. If we’re relying on evidence-based sentencing, the judge may agree that Jack is more likely to offend – and give him a harsher sentence.

This is the problem with evidence-based sentencing. It relies on a range of factors – some relevant to the crime, others totally outside the control of the defendant (up to and including immutable characteristics) – to determine likely recidivism and fair sentencing.

Evidence-based sentencing leans on large datasets to evaluate the statistical likelihood between a group trait and the rate of re-offending. But it goes beyond prior offense. Some of the factors analyzed include things like:

Age
Sex
Education
Marital status
Employment
Education
Parental convictions
Family members who were crime victims
High school grades
Chances of finding work above minimum wage
Dependence on social services
Finances
Crime statistics in their neighborhood of residence

As Fort Lauderdale criminal defense lawyers, we of course find this incredibly problematic for a number of reasons – not the least of which being from a constitutional standpoint. Plus, there’s significant doubt when it comes to the scientific validity of such methods when it comes to the accuracy of using such factors to determine one’s likeliness of re-offending. Continue reading

October 25, 2023

To Testify or Not to Testify? Fort Lauderdale Criminal Defense Lawyer Weighs In

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

One of the thorniest issues for any Fort Lauderdale criminal defense lawyer and client is whether the defendant should take the stand and testify in their own defense.

Although we understand the general inclination of our clients to “have their day in court,” clearing your name isn’t nearly as simple as courtroom TV dramas might suggest. It’s true that a defendant’s testimony can make or break a case. But that also means any defendant who takes the stand in their own Florida criminal trial is also taking some enormous risks. Sometimes it’s necessary, but it’s never a judgment call that should be made flippantly.

It’s important to point out that few criminal cases in Florida ever make it to the trial phase. The vast majority are either dismissed or settled with plea agreements, typically on reduced charges. Having a skilled defense attorney might increase the odds that your charges will be dropped early on, but it could also boost the chances of a trial. That’s because with a knowledgeable advocate,. you’re far less likely to settle in cases where there is weak or minimal evidence against you.

Y0u Aren’t Required to Testify in Your Criminal Case

While the court system has ways of compelling testimony from other witnesses in your case, the Fifth Amendment to the U.S. Constitution essentially prohibits an inquisition. You are protected against being compelled in any case to be a witness against yourself.

That same protection is outlined in Section 9 of the Florida Constitution, where it states that “No person shall be… compelled in any criminal matter to be a witness against oneself.” Prosecutors can’t use this fact against you for declining to do so, and you can’t be penalized for it.

So if you don’t want to testify, you are under zero obligation to do so. And there may be very good reasons your Fort Lauderdale defense lawyer might agree with that’s the best course of action.

What Do Fort Lauderdale Defense Lawyers Typically Advise?

April 12, 2023

Florida Legalizes Concealed Carry of Firearm Without Permits

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

With the signature of Florida Gov. Ron DeSantis on April 3rd, 2023, Florida strengthened its citizens Second Amendment rights by allowing individuals to carry a concealed firearm (starting July 1st) without requiring purchase of a concealed carry permit. The measure makes Florida the 26th state to decriminalize concealed carry of a firearm without a permit or any requirement for special training.

This is a big deal because current law makes carrying a concealed firearm without a permit could be as serious as a third-degree felony. A conviction for this offense carries a penalty of up to 5 years in prison and a $5,000 fine. That’s a serious weapons charge which could substantially impact one’s life for the worse. Until now, obtaining a Florida concealed carry permit previously required four hours of classroom time, firearm instruction, and passing a reasonable test. Those without a permit were required to keep their lawful firearms in a locked container. Concealed carry permits allowed individuals to keep their gun under their clothing, filing cabinet, or vehicle glove compartment.

In order for these new protections to apply, the law requires that the individual:

Be a U.S. citizen.
Be at least 21 years of age or older.
Have no disqualifying felony convictions or convictions for any crime relating to violence or drug abuse and no conviction for misdemeanor domestic violence offenses.

The state *may* also deny these protections to individuals on the basis of a history of drug and/or alcohol abuse, commitment to a mental institution, or dishonorable discharge from the military.

And although the law doesn’t technically take effect until July 1st, our Fort Lauderdale criminal defense lawyers understand there will not be legal penalties imposed on individuals between now and then for carrying a concealed firearm in public – so long as they aren’t in a prohibited area. 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

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