Florida criminal defense lawyer

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?

May 30, 2023

Will I Still be Prosecuted for Florida Domestic Violence if the Alleged Victim Won’t Cooperate?

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

This is arguably one of the most common questions I get asked as a Fort Lauderdale domestic violence defense lawyer.

The short answer is: Probably.

That said, without the cooperation of the alleged victim, the foundation for the prosecution’s domestic violence case is undeniably weakened. If the alleged victim is actively helping the defense team, that can even further diminish the odds of a conviction. All of that could mean reduced charges or penalties.

However, it doesn’t automatically mean you’re out-of-the-legal-woods. Because it is such a common phenomenon for the alleged victim in these cases to refuse to cooperate with police or prosecutors, answer questions in deposition, or testify in court, the justice system has established a few workarounds (so-to-speak).

For one thing, while most assault and battery cases practically require the cooperation of a victim in order just to make an arrest, that’s not so in domestic violence situations. In fact, F.S. 741.29 states without no equivocation: “The decision to arrest or charge SHALL NOT require the consent of the victim or consideration of the relationship of the parties.” Furthermore, in section 4(b) of that same statute, the law holds that if there’s probable cause to believe two or more people committed a misdemeanor or felony, the officer has to make a determination about who was the primary aggressor. And then from there, the law says that “arrest is the preferred response only with respect to the primary aggressor,” (emphasis mine) and not with the other individual who acted reasonably to protect or defend themselves or someone else.

Secondly, as outlined by the U.S. Department of Justice, prosecutors have a literally playbook of strategies to employ when they’re prosecution domestic violence cases without a victim. Continue reading

October 28, 2018

Florida Supreme Court Rejects Daubert Expert Testimony Standard

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

In a split 4-3 decision, the Florida Supreme Court soundly rejected the Daubert standard of evidence for expert witness testimony – the one used in federal courts and adopted by many state courts, in favor of the less stringent Frye standard, the older method that prior to 2013 had been the standard in the Sunshine State.

What does this mean for Fort Lauderdale criminal defendants? It will be relevant both for them as well as for plaintiffs in civil cases. The Daubert standard establishes a rule of evidence (found in Federal Rules of Evidence 702) that pertains to the admissibility of an expert witness’s testimony, stemming from the 1993 U.S. Supreme Court ruling in Daubert v. Merrell Dow Pharmaceuticals. It holds that a witness can only be qualified as an expert if he or she has the knowledge, skill, experience, training or education that is considered a baseline to form that opinion. Testimony must meet a specific list of criteria, and the judge acts as the gatekeeper. Those whose opinions fail to meet that proof burden can be excluded.

Frye, meanwhile, is less stringent, considered a general acceptance test for scientific evidence requiring that one’s expert opinion, if based on a scientific technique, can only be admitted where that technique is “generally accepted as reliable in the relevant scientific community.” Continue reading