Fort Lauderdale defense lawyer

March 1, 2024

“Can I Be Arrested for Bullying in Florida?” Broward Defense Lawyer Has Answers.

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

It’s estimated that 1 in every 5 students is bullied at some point in their lives. But at what point does bullying become a crime? Can a person be arrested for bullying in Florida?

Short answer is: Yes, you can be arrested for bullying in Florida. However, the charge that is filed will not be for “bullying.”

There are bullying and cyberbullying statutes in Florida. However, those pertain mostly to public school district standards and responses to student bullying, both on and off campus. F.S. 1006.147 sets expectations for school districts to be proactive in preventing bullying and responding swiftly and decisively when bullying is reported. That response can include school-imposed discipline, such as suspension or even expulsion.

The conduct outlined in that statute includes things like teasing, social exclusion, and public embarrassment. Such acts aren’t kind – but they aren’t necessarily criminal.

Other acts, such as threats, intimidation, stalking, physical violence, harassment and theft – these ARE criminal. A person accused of bullying using these tactics would be charged under the appropriate statute that correlates to the act.

For example, a person accused of harassment or stalking via texts, emails, or social media may be accused of cyberstalking, as outlined in F.S. 784.048. A charge of cyberbullying in Florida requires proof that the accused engaged in a course of conduct to communicate with someone (directly or indirectly) with the intention to cause substantial emotional distress with no legitimate purpose. It usually involves classmates, acquaintances, former friends or prior intimate partners. Occasionally, it can involve strangers.

Cyberstalking is a first-degree misdemeanor, punishable by up to one year in jail. However, it could be a third-degree felony, punishable by up to 5 years in prison, if the victim is under 16, a credible threat of harm is made or there’s an active restraining order against the accused. Continue reading

November 8, 2023

Could Florida Gun Possession Under Domestic Violence Restraining Order be Legalized?

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

The U.S. Supreme Court is poised to decide whether to uphold a federal law that prohibits individuals subject to a domestic violence restraining order from possessing firearms.

The case is U.S. v. Rahimi, and it involves a Texas man accused of striking his girlfriend during an argument and later threatening to shoot her.

As Fort Lauderdale criminal defense lawyers who have represented defendants in matters of domestic violence, domestic violence restraining orders, and unlawful firearm possession, we’ve been watching the case closely. Although it comes down to federal law (18 U.S.C. §922(g)(8)) and we primarily handle state-level cases, there could certainly be some ripple effects if the justices err on the side of the right to bear arms.

Despite the conservative bend on the bench and the fact that justices expanded gun rights last year, many legal scholars are concluding it unlikely justices will go against the grain on this federal law in the Rahimi case. A federal appellate court in that matter struck down a 1994 federal ban on firearms for those under court order to stay away from their partners or spouses.

Whatever they decide, it could have implications for lots of other cases – including a pending matter involving President Joe Biden’s son, Hunter Biden. The younger Biden is facing criminal charges for purchasing a firearm while addicted to drugs, something that is also prohibited under federal law, though less commonly enforced as the domestic violence restraining order restriction.

As noted during the SCOTUS oral arguments, the existing federal background check system has blocked some 75,000 gun sales to those subject to domestic violence protection orders over the last 25 years.

What the Federal Law Says

The federal law says it’s unlawful for a person who has a protection order (a Florida judgment of injunction for protection of domestic violence meets this definition) in effect to possess guns or ammunition, to ship or transport guns or ammunition interstate, to receive any that have been so shipped or transported, or to have any that have been seized returned to them. The respondent in that case must be identified as an “intimate partner” (spouse, ex-spouse, co-parent, or person who lives/has lived together with victim). There are exemptions for police and active military members who who are required to possess service firearms as part of their job.

If a person is convicted of a domestic violence offense, they are permanently disqualified from possessing a gun or ammunition – and there’s no official use exemption in that case. Even if the case is expunged, the court can still retain that firearm prohibition.

Violate the federal firearm law on this, and you’re facing up to 10 years in federal prison and/or a $250,000 fine.

However, as our Fort Lauderdale defense attorneys can explain, even the repeal of the federal law wouldn’t necessarily mean these prohibitions would magically disappear. That’s because we still have state firearm restrictions for domestic violence injunctions with which to contend.

Florida Firearm Possession Rules for Subjects of Domestic Violence Injunction 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

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

October 28, 2022

Understanding Florida’s Domestic Violence Misdemeanor Diversion Program

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

When someone is facing a South Florida misdemeanor domestic violence charge, it’s worth exploring whether they qualify for a diversion program that would allow them to avoid a conviction.

As our Broward domestic violence defense lawyers can explain, not every defendant is going to qualify and it may not be the best strategic move for every case. But it’s important to discuss the possibility with your attorney.

What is a Domestic Violence Diversion Program?

A diversion program is a type of pre-trial intervention that essentially diverts the criminal case away from the usual track (which can end in conviction, jail, and fines) and instead allows qualifying defendants to complete educational courses and/or service requirements. When the program requirements are successfully met, the charges in the criminal case get dropped and the case is dismissed.

Some of the offenses that disqualify a defendant from a DV diversion program include:

Battery in which the defendant is accused of using substantial force to slap, punch, kick, or push an alleged victim to the ground.
Any battery that involves “degrading acts,” such as urinating or spitting on the alleged victim.
Any battery that involves alleged strangulation or choking of the victim.
Violations of domestic violence injunctions.

In general, domestic violence diversion program offenses are those involving minor intentional touching but don’t result in serious physical injury. If a defendant has a prior conviction or arrest for a felony as an adult, more than one misdemeanor adult conviction, or any prior domestic violence arrests, convictions, or pending charges, he or she will be ineligible for the domestic violence diversion program. No one is allowed to enter the diversion program more than once in their life.

It’s important to note that domestic violence charges – even those that are dropped due to a diversion program – generally cannot be sealed or expunged. Evidence of the arrest still shows up on your record. That’s why if there is a decent chance that your Broward domestic violence defense lawyer can successfully fight the charges against you, that may be in your best interests. But diversion programs can be an excellent alternative when there is a fair amount of evidence against you in a first-time, misdemeanor Florida domestic violence charge.

What to Expect in a Florida Domestic Violence Diversion Program

August 15, 2022

New U.S. Gun Law Targets “Boyfriend Loophole,” Impacting Florida Domestic Violence Convicts

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

A Florida domestic violence conviction can carry many substantial, long-lasting consequences – not the least of which being restrictions on the Second Amendment right to bear arms. This is why it’s so important to work with an experienced Fort Lauderdale criminal defense lawyer from the very start of your case. Even if the evidence seems stacked against you, we may be able to deploy legal strategies that could reduce the charges or lessen the impact.

The high stakes of these cases were recently underscored in the Congressional action to close the so-called “boyfriend loophole” in gun legislation.

Federal law prohibits anyone convicted of domestic violence in Florida or in any other state from possessing guns. However, that provision was only applicable to individuals who were married to, lived with, or had a child in common with the alleged victim. People who were merely dating (not married, living together, or raising a child together) were not subject to this federal provision.

The new bipartisan gun law changes this, closing the “boyfriend loophole.” Proponents of the measure say this was necessary, given that people spend much more time dating now than they did in the past, carrying on romantic relationships for years or even decades without officially tying the knot.

Additionally, the new federal law allows for expanded background checks on young adults purchasing firearms and gives authorities the power to access certain juvenile criminal records. Lastly, the law allows states to use federal funding to enact and enforce “red flag laws” that give authorities the right to remove guns from anyone they suspect may be a harm to themselves or others. This could potentially be someone accused of domestic violence in Florida.

As it stands, 31 states have some rule on the books barring those convicted of domestic violence from possessing guns. Of those, 19 do cover dating partners convicted of domestic violence. Florida does not have any such provision in its laws, so the new federal law will have a direct impact. Those with misdemeanor convictions who have stayed out of trouble for five years may be able to have their gun rights restored. However, there are exceptions for spouses, parents, guardians or co-habitants – all of whom may still face lifetime firearm restrictions.

Florida Domestic Violence Penalties

October 15, 2021

Exercise Your Right to Remain Silent Until You’ve Hired a Florida Criminal Defense Lawyer

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

Cops can be intimidating. It’s fully intentional on their part. After all, it can be quite effective in terms of compelling suspects or persons of interest in criminal cases to talk freely during the investigation. But failure to exercise the right to remain silent until there’s a South Florida defense lawyer at your side can quickly cost your freedom. That’s not to say you won’t spend the night in jail if you stay mum. However, defendants almost always benefit long-term when they wait for defense attorney advice and advocacy.

You are probably familiar with the term “Miranda Rights” and “Miranda Warnings” and the paragraph that starts, “You have the right to remain silent…” They’re derived from the 5th and 6th Amendments to the U.S. Constitution. If an officer reads them to you, you are considered “Mirandized.” It stems from the 1966 case of Miranda v. Arizona, and the purpose is to ensure you are made aware that you do have the Constitutional right not to speak to the officer and to have your own attorney present on your behalf before you answer any questions.

What occurs only belated to a lot of criminal defendants is that these rights are in place before they are ever read aloud- or even if they are never read at all. Miranda is only applicable in custodial interrogations, meaning police don’t have to recite those rights every time they talk to or question someone. In fact, much of the evidence used against defendants in Florida courts are statements they made to authorities prior to formal detention or interrogation by police. It’s important to understand that voluntarily opting not to speak to police about a criminal matter is not a crime – no matter how much pressure you might feel. Continue reading

May 16, 2019

Fort Lauderdale Defense Lawyer: Should You Talk to Police if Questioned?

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

If you are questioned by police in connection with suspicion of a crime, should you talk? What if you’re innocent? Even if you aren’t, won’t it look worse if you refuse to cooperate?

As a Fort Lauderdale defense lawyer, we generally assert that where possible, communication with law enforcement in almost any circumstance should be polite – but extremely brief. The exact amount of information to divulge – or not – can be tricky, especially if you are sure they could glean the information elsewhere. If you have any doubt, politely but firmly decline to offer any further information before speaking to an attorney.

The main thing to keep in mind: Information gleaned against your will or without your cooperation might be successfully challenged later by your attorney with a motion to suppress. However, information you offer freely can be much more difficult for your attorney to suppress. Continue reading

December 14, 2018

Defense Lawyer: Florida Sex On The Beach Can Land You in Prison

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

In Florida, sex on the beach is typically understood as a cheeky, sugary cocktail with peach schnapps. It’s romanticized in a classic scene in the 1950s film, “From Here to Eternity.” However, having actual sex on a beach in Florida can land you in handcuffs (and not in a good way). As a Fort Lauderdale defense lawyer, it seems an important fact to address because locals and tourists alike continue to run afoul of public indecency and lewd lascivious laws – and prosecutors don’t seem intent to cut them any slack.

Most recently, a married couple from Vermont vacationing on Sanibel Island were arrested by police, who had received complaints the pair were naked on the beach. Officers saw the woman naked in the water, summoned her over to them and gave her a towel. The husband walked up and asked why they could not be naked, as “we are all human.” Officers explained Sanibel is not a nude beach, and it’s against Florida law to be on a public beach with no clothing. Witnesses said they pair may have been having sex. The two were arrested on charges of indecent exposure. F.S. 800.03 states it is unlawful to exhibit one’s sexual organs in public (or on private premises so near as to be seen by those on public property) in a manner that is vulgar or indecent. It’s a first-degree misdemeanor, punishable by up to one year in jail. (Mothers breastfeeding babies does not count.)

Although these two were charged with a misdemeanor, Fort Lauderdale defense attorneys have seen prosecutors pursue felony charges for Florida sex on the beach. Continue reading

October 15, 2018

Florida Domestic Violence Trial: Must the Victim Testify?

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

In a single recent year, Florida law enforcement agencies received 105,700 reports of domestic violence. More than half of those, 63,200, resulted in an arrest. It’s known to be a relatively under-reported crime, but there are a fair number of cases that go to trial wherein the alleged victim refuses to cooperate or testify. It is a myth that prosecutors cannot move forward on these cases or that they cannot sometimes win them. It often depends on the independent evidence available – and the strategy employed by your Florida domestic violence defense attorney.

Let’s consider the case of Baker v. State, an appeal before Florida’s Second District Court of Appeal back in 2007. Defendant had been convicted of felony battery for accusations that he attacked his girlfriend, who had called 911 to report the defendant had bitten her and took her phone “and stuff.” She said she did not require medical attention. A police officer was dispatched, observing and photographing what appeared to be a small bite mark on victim’s arm.

Would this be enough to secure a conviction? Continue reading