criminal defense lawyer

April 12, 2024

Fort Lauderdale Criminal Defense Lawyer Warns of Push Notifications Used in Police Investigations

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

Push notifications – those pop-up alerts on your phone generated by apps when you aren’t using them – are now being used by federal and state police in criminal investigations.

As a Fort Lauderdale criminal defense lawyer, it’s my job to stay up-to-date on the ways in which Florida criminal investigations are evolving – which they are doing constantly as technology advances. Push notification intel, metadata generated by the app companies, are one we expect will catch more than a few folks by surprise. Already, their use has raised alarm among privacy experts.

Also known as “push alerts,” they’re pretty much standard with use of any modern smartphone. They essentially “wake up” the phone to alert users to important updates or news, without the user having to constantly keep the phone on (and also without the user’s interaction). When they are sent, they generate a small string of code, known as a push token. That little bit of data is stored on servers owned by Google and Apple (out of reach of users), which can be requested or subpoenaed by police to pinpoint the email addresses, device, and location of individuals suspected of crimes. It can also tell investigators who you’re talking to and sometimes the content of those communications.

It’s been used on apps like Talkatone (a phone service) and encrypted messaging apps like TeleGuard and Wickr. Although these apps promised users it would save no data, developers still crafted a system of collecting push tokens linking back to users through push notifications. Police have even been able to successfully obtain the two-factor authentications for these apps by requesting coding from the tech companies.

Although some of this information has been simply handed over to law enforcement upon request, company polices are slowly shifting to require court orders before doing so. But as a Fort Lauderdale criminal defense lawyer can explain, that doesn’t necessarily ensure your data will be private – especially because such policies can often be sidestepped if the police are asserting “exigent” or emergency circumstances.

Although advocates say this data is mostly used for cases involving child pornography, kidnapping, and homicide, it’s not limited to those. The Washington Post was able to identify at least 130 search warrants and court orders that law enforcement agencies had submitted to Facebook, Google, Apple and other technology firms for push alerts data. Those included criminal investigations into cases involving drugs, guns, and the events of Jan. 6, 2021 in Washington, D.C. 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

May 1, 2023

Greater Use of Remote Technology Expected in Certain Florida Criminal Proceedings

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

We all know the legal world takes a bit more time than most to catch up to technological trends. Sometimes, this is a good thing; developing policy, procedure, and law on the basis of brand new tech that we still don’t fully understand the long-term implications of could have major unintended consequences. Sometimes, it’s perhaps less positive – particularly when we’re relying on standards and technology that’s been rendered obsolete or even archaic by current standards.

Recently, it was announced by the Florida Bar Association that the Board of Governors would be considering a proposed rule amendment that would compel judges to use remote technology in non-evidentiary hearings that last 30 minutes or less – unless they can show good cause why an in-person meeting is necessary.

What does this mean for defendants in Florida criminal cases? Mostly this is a win for everyone.

Some of the anticipated outcomes include: 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 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

December 15, 2022

How Do I Bail Someone Out of Jail in Fort Lauderdale?

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

“I got arrested. I need you to bail me out.”

When you’re loved one has just been arrested in Fort Lauderdale, those words can make you feel as if you’ve just had the wind knocked out of you. Likely, you have lots of questions. But as our Fort Lauderdale defense lawyers typically advise, it’s best to not to ask for too many details over the phone while they’re still in jail, as they’re likely on a recorded line. The first order of business is figuring out how to bail them out as soon as possible.

What Exactly is Bail? Is it the Same as Bond?

The whole principle of bond is to assure that the defendant will return to court to answer for the allegations against them, rather than lose the money the court is holding in exchange. Note: The terms “bail” and “bond” tend to be used interchangeably. They’re similar, but bail is money given to the court, while bond is a loan the defendant or third party takes out to pay that bail.

Sometimes, defendants are given a summons – meaning they aren’t arrested or booked and do not need to pay any bail. Instead, they are released on their own recognizance and given a court date for which they are expected to appear for (or have a defense lawyer appear on their behalf). Other defendants may be booked, but then released on their own recognizance with a summons to appear in court. Others may be booked and then given an amount right away.

How Is Bail Amount Decided in Florida?

Each county in Florida has its own bond schedule. The bond schedule for the 17th Judicial Circuit in Broward County lists the following standard convenience bond schedule, depending on the type of offense:

Second degree misdemeanor: $25
First-degree misdemeanor: $100
Third-degree felony: $1,000
Second-degree felony: $3,500
First-degree felony (non-life): $7,500
First-degree felony (life): No bond
Capital offense: No bond

The exact amount can vary depending on the specific charge, and if the alleged offenses were attempts or solicitations (in which case, bond amount may be lower) or if the crime is one of violence (in which case, bond may be higher). Some offenses, like domestic violence, require the court to hold a hearing before bond can be issued. If the offense for which the defendant is arrested involves a violation of a protection order, they may be denied bond altogether and be held until trial. If a defendant is charged with several offenses arising from the same incident, the scheduled convenience bond will be set at the amount for the most serious offense.

By law, defendants are entitled to a bail hearing within 48 hours of arrest. However, that does not mean they’re guaranteed to be granted bail or released at all.

The process and cost for bailing or bonding someone out of jail can depend on: Continue reading

November 17, 2022

5 Possible Defenses to Fort Lauderdale Domestic Violence Charges

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

If you are arrested for domestic violence in Fort Lauderdale, there is no one-size-fits-all defense solution. That said, there are some strategies that are commonly used because they have proven effective in many cases.

When you hire a defense lawyer, you can generally trust they are going to carefully examine the police incident report, arrest affidavit, and any existing evidence to begin formulating their legal approach.

Some questions we may ask in our initial review of the facts:

May 1, 2022

Understanding Florida Criminal Sentence Enhancements for Prior Felony Offenders

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

Florida law imposes minimum mandatory sentences for certain serious or violent offenses. However, even someone who is convicted of a less serious offense may face severe penalties – if they had a prior conviction.

In fact, the state legislature imposes several categories of sentencing enhancements for repeat offenders, which include:

Habitual felony offender
Habitual violent felony offender
Violent career criminal
Prison releasee reoffender

As our Fort Lauderdale criminal defense attorneys can explain, anyone previously convicted of a crime who now stands newly accused must take the potential consequences seriously. Investing in quality legal representation is an imperative when the stakes are so high for your freedom and future. Continue reading

March 1, 2022

Broward Defense Lawyer Breaks Down Florida Criminal Case Process

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

Navigating the Florida criminal case process is overwhelming for anyone arrested in the Fort Lauderdale area. Working with a dedicated Broward defense lawyer who knows the law, the local players, and the legal strategy most likely to help you prevail is essential.

That said, we do like our clients and their families to have a basic understanding of how the case is going to proceed from start to finish. It’s worth noting that this process is applicable to state-level cases, not federal. Further, every case is different. One thing they all have in common, though, is that studies show the sooner you hire an experienced criminal defense team, the more favorable the outcome. (One analysis found that criminal defense attorneys in one large city helped reduce the murder conviction rate of their clients by 19 percent and reduced the probability of their client receiving a life sentence by 62 percent. Overall time served in prison was reduced by 24 percent.)

Our battle-tested criminal defense team is prepared to go to bat for each and every one of our clients, whether they’re facing felony or misdemeanor charges.

Arrest and Notice to Appear

This marks the start of your Florida criminal case. If an office of the law (typically a police officer or sheriff’s deputy) has probable cause to reasonably believe you committed a crime, they can make an arrest. Sometimes, this is predicated on the basis of an arrest warrant that has been written and signed by a judge. Other times, it stems from evidence gathered while officers are patrolling or responding to specific calls for assistance. Continue reading

July 15, 2021

Do I Need a Lawyer for a Miami Misdemeanor?

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

Misdemeanors are criminal charges that categorized as less serious than felony charges, with lesser penalties and lower fines. For this reason, many people choose to forego hiring a defense lawyer and take their chances. However, there are many reasons this is inadvisable. Hiring a defense lawyer for a Miami misdemeanor can often help to significantly reduce the lasting consequences of a permanent criminal record.

Our goal as your lawyer is to work toward a resolution that is going to leave you with as few longstanding ramifications as possible. What we will first do is look for any way to have the charges dismissed outright. If that isn’t likely, our strategy is to minimize the damage, possibly negotiating a plea to lesser charges and arguing for the minimum incarceration and fines.

Examples of misdemeanor crimes in Florida include:

Shoplifting.
Trespassing.
DUI.
Solicitation for prostitution.
Disorderly conduct.
Reckless driving.
Criminal mischief.
Simple battery.
Underage possession of alcohol.

What many people don’t understand is that just because a charge is a misdemeanor doesn’t mean a conviction will have a minor impact on your life. Never assume that this will be a “slap on the wrist” that you can easily move past. Continue reading