Fort Lauderdale criminal defense lawyer

December 1, 2021

Fort Lauderdale Defense Lawyer Talks Most Common December Crimes

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

December is best known for all its holidays, but it’s also associated with a spike in certain types of crime. According to the National Crime Victimization Survey, crimes that see an uptick during “the most wonderful time of the year”:

Robbery
Personal larceny
Domestic violence
DUI

The seasonality of crime trends has been studied for decades, with some studies finding clear patterns and others finding the link more ambiguous. Theft crimes in particular shoot up right around the holidays, climbing in some regions by a full 20 percent. Violent crimes, such as murder and sexual assault, tend not to follow this same pattern. Incidents of domestic violence, however, do slightly increase, probably because folks are spending more time at home.

As our Fort Lauderdale criminal defense lawyers can explain, several of these crimes could be charged as felonies, depending on the individual facts of the case and the degree to which alleged victims are affected. Even misdemeanor crimes, though, can have a substantial impact on your future, potentially limiting your housing and employment options. Further, because criminal convictions and other history are public, such charges may impact your personal life, including personal relationships, child custody, and immigration status. Investing in the help of an experienced criminal defense lawyer to help minimize the affect is not just about the short-term concerns of impending jail time, but what that conviction could mean for you years down the road.

Here, we take a closer look at the crimes most common in December, and possible defense tactics that can minimize the impact of such charges on your life. Continue reading

March 1, 2021

Arrested on Spring Break in Fort Lauderdale? A South Florida DUI Defense Lawyer Can Help.

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

If you’re visiting South Florida this spring break, the last souvenir you want to bring back is a DUI charge. If this is the situation in which you find yourself, our longtime Fort Lauderdale DUI defense lawyers can help.

Last spring was fairly abysmal for an annual spring break season in Florida, but this year is looking up. Some hotels are reporting 75-80 percent capacity, as many folks venture out for the first time in more than a year. Florida is especially popular right now because it hasn’t been as rigorous in its enforcement of health and safety measures as other states, and people from all over the country are looking for a more relaxed change of scenery.

South Beach, Fort Lauderdale and the Florida Keys remain a top spring break destination in the U.S. If you are arrested for DUI here, you could be facing substantial penalties, so it’s important to work with a local criminal defense attorney well-versed in state law and local processes and who has successfully represented numerous people arrested while visiting from out-of-town. Continue reading

February 15, 2021

Fort Lauderdale Misdemeanor Drug Crime Defense

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

A new Florida bill aims to erase minor misdemeanor marijuana convictions, including distribution and possession of less than 20 grams. The bill wouldn’t automatically expunge criminal records, but would make it easier for those with convictions to have them removed, according to the Orlando Sentinel.

Sponsors noted the many ill effects of “minor” crime convictions, including blocked job opportunities, rejection from certain schools, loss of public benefits and housing. All this of course is on top of the expenses of arrest, incarceration, fines, etc.

Some convicted of non-violent felony drug crimes fare even worse. The Miami New Times reported on the case of a 45-year-old from Brevard who was a 22-year-old college student in 1997 when he was arrested on felony drug charges for having a two-inch plant growing out of a coffee cup in his home. Officers spotted it while responding to an unrelated matter with his roommate. All these years later, it still prevents him from finding housing and employment – despite the fact that the drug is legal as medicine in Florida and for recreation use in 15 states and Washington, D.C.

November 1, 2020

Consequences of Florida DUI With Kids in the Car

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

Recently, a Florida woman was arrested for DUI manslaughter and child neglect after she allegedly crashed her SUV with four children and another adult in the car. One child, her 3-year-old daughter, died.

Although this is a profound loss this mother will grieve the rest of her life, the law does not allow for this alone to be “punishment enough.” Per F.S. 316.193, DUI manslaughter is a second-degree felony charge that carries a maximum prison sentence of 15 years.

Most DUI arrests, even those that involve crashes, do not involve deaths. However, courts in Florida take very seriously DUI cases involving minor passengers under 18, even if no one was hurt. Continue reading

October 15, 2020

What to Consider Before Hiring a Fort Lauderdale Criminal Defense Lawyer

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

If you’re searching for a great criminal defense lawyer, chances are you’re not in a great situation. That can make the process even more stressful. There are numerous important factors you need to consider, and it’s a good idea to make a checklist before reaching out to anyone.

The very basic checklist is to find a defense lawyer who is licensed to practice in Florida, has the qualities you’re seeking and can offer the attention to your case that it requires. Doing a little research can go a long way. Continue reading

August 5, 2020

Florida Police Embracing Facial Recognition Tech in Criminal Investigations

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

Protests over systemic police brutality against Black individuals has shined a light on the many forms of technology law enforcement has in its arsenal. One of those – surveillance technology and facial recognition – is increasingly being used by Florida police agencies to collar protesters on criminal charges.

For those who may be unfamiliar, facial recognition technology uses a photo of someone to compare it to other photos in an existing database. In Pinellas County, for instance, the facial recognition system used by the sheriff’s office draws from a database of approximately 38 million photos – everything from driver’s licenses to ID cards to mugshots.

It’s a tool that has been gaining in popularity with police over the last 20 years, but it’s been highly controversial, raising concerns about privacy, mis-identification potential and the risk of racial profiling and surveillance. Continue reading

October 10, 2019

“Can I Be Charged Criminally for Things I Post on Social Media?”

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

The internet has been revolutionary, allowing us to connect with others – locally and across the globe – in real time in a way that’s never before existed in human history. But it’s not been without its complications, at least where application of the law has been concerned – and that includes criminal law.

Although many online interactions and exchanges – however heated – can be safely considered “free speech,” its bounds aren’t limitless. In fact, communications over the internet may in some cases be at higher risk of crossing the criminal threshold because they lack the benefit of context, inflection or familiarity of face-to-face or even phone conversations.

Florida criminal defense attorneys know law enforcement agencies are increasingly keen to solicit and investigate tips of threats made online, particularly in the wake of several mass shootings. Some agencies have said that dozens of potential shootings were stopped by this heightened vigilance in the wake of shootings in Dayton and El Paso.

Still, many of those charged find themselves bewildered that words, images or videos posted to a Facebook page or Instagram account might potentially have them facing jail time. Continue reading

May 29, 2019

Summer Parties Lead to South Florida Arrests for Underage Alcohol Possession, Service

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

It’s summertime, school’s out (or soon-to-be) and throughout South Florida, teens and young adults are celebrating – fairly often with substances they aren’t legally allowed to have or consume (namely, alcohol).

As Fort Lauderdale criminal defense attorneys can explain, these scenarios can result in several different criminal charges:

Unlawful possession of alcohol by a person under age 21, per F.S. 562.111.
Unlawfully selling, serving or giving alcohol to a person under age 21, per F.S. 562.11.
Open house party where host knows or should know alcohol will be served to minors, per F.S. 856.015.

There are also potential civil consequences if the minor becomes impaired and somehow hurts themselves or is involved in an underage DUI car accident that injures themselves or others. Those cases will be handled by the civil justice system, separate from any criminal charges. Continue reading

April 25, 2019

When Am I Entitled to a “Free” Criminal Defense Attorney?

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

In both federal and state criminal cases and even some civil case, the law (thanks to the U.S. Supreme Court decision 55 years ago in Gideon v. Wainwright) affords defendants the right to representation by a criminal defense attorney – even for misdemeanors. It is only when the individual is unable to afford a defense lawyer that one is appointed for the defendant (i.e., a public defender). The question of whether one can afford a lawyer is answered by determining one’s “indigent” status.

The question of one’s indigent status is one many of us don’t give a second thought to, but it’s made front-page headlines of late because of the recent high-profile case of the questionable indigent status of accused Parkland school shooter Nicholas Cruz. The 20-year-old is accused of carrying out one of the deadliest mass school shootings in U.S. history, killing 17 students and teachers. He has reportedly confessed and faces the death penalty.

Initially, he was appointed a Florida public defender after being deemed indigent. However, Law.com now reports he is anticipating a $432,000 life insurance policy payout following the recent death of his mother. His Broward defense attorney is now seeking to be removed from the case, arguing state law prohibits service of public defenders for defendants with financial means to higher a private Florida criminal defense attorney. The lawyer, with 40 years of experience, pointed out the defendant is now wealthier than most of those serving on his defense team and he has never had a client with access to as much money as Cruz. The average public defender in Broward County earns about $62,000. Continue reading

March 25, 2019

Florida Criminal Defense Lawyer: When is Case Delay Worthy of Dismissal?

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

If you are accused of a crime in Fort Lauderdale, you are guaranteed the right to a speedy trial. That means that criminal cases can be successfully dismissed if there are prosecutorial delays that violate a defendant’s due process right to a speedy trial. But what is the exact period of time that triggers a violation of this due process right? Your Fort Lauderdale criminal defense attorney should closely examine the facts of your case to ascertain whether a motion to dismiss under a due process argument makes sense.

Generally, your criminal defense attorney will need to prove one’s defense is compromised by the delay and the prosecutor had not good reason justifying the delay OR that the prosecution has been delayed beyond specified limits.

There are two basic types of speedy trial rights for Florida criminal defendants.

Statutory speedy trial. These are afforded according to Rule 3.191 of the Florida Rules of Criminal Procedure. These require one’s trial takes place within a very specific time window – 90 days for a misdemeanor and 175 days for a felony.
State/federal constitutional protection under the Sixth Amendment. These provide for a speedy trial even if your statutory remedy er state law has been waived, effectively mandating due process protections.

Your Fort Lauderdale criminal defense team may well advise you NOT to seek a speedy trial; that may not be in your best interests, particularly in complex felony cases where the stakes are high, testimony is conflicting, discovery is extensive and expert witness testimony is warranted. However, if your case has sat on the back burner for an extended period of time, your defense lawyer may be wise to file a motion to dismiss due to a delay by the prosecution. This is not as uncommon as one might think, particularly in cases involving extensive delays in processing laboratory work. Continue reading