Fort Lauderdale domestic violence defense attorney Tag Archives

April 12, 2024

Police in Florida Domestic Violence Cases Must Now Ask These 12 Questions

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

A new rule for Florida domestic violence investigations requires police responding to such calls to ask a dozen mandatory questions.

New Mandatory Florida Domestic Violence Questions

If police in Florida (including Broward, Palm Beach, and Miami-Dade Counties) are called to the scene of a suspected domestic violence incident, they are now required to ask the suspected victim ALL of the following questions:

Has the other person ever used a weapon against you or threatened you with a weapon?
Has he/she/they ever threatened to kill you or your kids?
Do you believe he/she/they will try to kill you?
Has the other person ever choked you or attempted to choke you?
Does he/she/they have a gun or could they easily get one?
Is the other person violently or constantly jealous? Or do they control most of your daily activities?
Did you leave or separate after living together or being married?
Is the other person unemployed?
To the best of your knowledge, do you know if the other person has ever tried to kill themselves?
Do you have a child the other person believes is not his/her/their biological child?
Have they ever followed you? Spied on you? Left threatening messages for you?
Is there anything else that worries you about your safety? If yes, what is it that worries you?

This information must be detailed in a written report that clearly indicates the alleged offense is one of domestic violence. That report – which will ultimately become public – is then given to the officer’s supervisor and filed with the agency. If the person answers “yes” to any of the first 4 questions or the last question, they’re referred to a the nearest domestic violence shelter. Same if they answer yes to at least 4 of questions 5-11. Even if they answer “no” to all questions, it’s at the officer’s discretion whether to refer them to a shelter or DV advocate.

But just because officers are required to ask these questions doesn’t mean the person is required to give answers.

And if you are the person suspected of being the aggressor, we understand it can be tempting to jump in and correct or clarify – particularly if the person being questioned is giving police incorrect or misleading information. However, this is a good time to exercise your right to remain silent. Keep in mind that officers aren’t just listening to the answers of the person to whom they’re speaking. They’re watching your reactions too. Anything that could be interpreted as aggressive or intimidating (even just slightly raising your voice or talking over someone) is going to be noted and could be used against you in a court of law. The very best thing to do here is stay silent, calm, and leave the talking to a Fort Lauderdale criminal defense attorney.

New Police Protocol Promoted by Gabby Petito’s Parents

As a Fort Lauderdale domestic violence defense attorney can explain, this new line of mandatory police questioning in Florida domestic violence investigations is the result of Senate Bill 1224, the Gabby Petito Act. The 22-year-old New York woman was reportedly slain by her boyfriend in Wyoming while the two were on a 2021 cross-country trip that originated in Florida. About a month after her death, her boyfriend took responsibility for her death in a note before committing suicide in a Florida swamp. Continue reading

February 3, 2024

Defense Attorney Richard Ansara Quoted by Sun Sentinel on Proposed Florida Stalking Law

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

South Florida criminal defense attorney Richard Ansara was recently interviewed by the South Florida Sun Sentinel for an article about a proposed Florida bill that would increase the severity of stalking offenses involving the unauthorized use of wireless tracking devices. As a criminal defense lawyer representing South Florida clients accused of domestic violence, Richard Ansara is uniquely qualified to weigh in on proposed legislative change.

As it stands, F.S. 934.425 outlaws the unauthorized installation of tracking devices or tracking applications – including surveillance software on phones. With very few exceptions, you cannot install a tracking device on someone’s phone, computer, car, person, etc. without their consent. To do so is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.

A new Florida bill would bump the offense up to a third-degree felony, which would make it punishable by up to 5 years in prison and a $5,000 fine.

Proponents of the law say the current law gives police little power to properly investigate complaints because they lack the authority to obtain a search warrant per F.S. 933.02 that could help ascertain who bought the device, downloaded the software, or is using the tracker to keep tabs on a victim. If the offense of unauthorized tracking were increased to a felony, then police would have greater authority to obtain a search warrant.

A big problem Criminal Defense Lawyer Richard Ansara has with that is it addresses the wrong thing. If the only reason to make unauthorized use of a tracking device a felony as opposed to a misdemeanor is so that police can obtain search warrants, it begs the question: Why not modify the law on search warrants? Why should the penalty for unauthorized use of a tracking device be substantially greater than for an actual physical assault on someone?

As Ansara told The Sun Sentinel:

“People do desperate things in relationships, specifically when they are trying to determine whether infidelity is occurring. Some may decide to drop an AirTag in a spouse’s vehicle and or clothing to try to get to the bottom of what is happening in their relationships. Is this correct behavior? No.

“Should this behavior be punished more harshly than someone who straight up punches their spouse in the face? Absolutely not. That person would only be charged with a misdemeanor battery.” Continue reading

August 14, 2016

Domestic Discord, Violence Was Cause of Fatal Shooting in South Florida, Police Say

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

A 20-year-old woman reportedly engaged to a 62-year-old man was shot dead, as was a 50-year-old male friend, allegedly by her fiance who police say was jealous.

Authorities told the Sun Sentinel that George McCray, who has a long list of prior felony convictions, shot the pair after discovering the two talking outside victim Sania Copeland’s apartment. This was around 8 a.m. McCray allegedly returned five hours later to carry out the shooting.

According to family members, McCray had told Copeland that if he couldn’t have her, no one could.

McCray is now charged with two counts of murder and being a felon in possession of a firearm. Continue reading