Fort Lauderdale juvenile defense lawyer

September 15, 2021

Minors Facing Serious Charges After Snapchat-Linked Offenses

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

Minors tend to think their social media habits are harmless. However, our Fort Lauderdale criminal defense lawyers recognize that social media videos, snaps, timelines, messaging, and more have become pivotal evidence in some very serious criminal cases in Florida, particularly those involving juveniles.

Snapchat, in particular, is a social media network that has exploded in recent years. It started as a private, person-to-person photo sharing app, but it’s now used to send short videos, initiate live chatting, messaging, and story sharing, as well as the creation of caricature-like avatars. The wide arrange of free filters also make it popular, and it’s used by more than 250 million people daily.

It’s also had a noted connection to a number of recent alleged crimes. Among those:

Three teenage boys from the Florida Keys are facing charges of lewd and lascivious battery, obscene communication by transmitting child pornography and cruelty toward a child by promoting material involving the sexual act of a child. The video in question reportedly depicts two of the boys (both 16) engaged in sex acts with a 12-year-old girl. The third boy, age 14, reportedly shared the video at school. The boy who shared the video said he had no knowledge of it, but detectives reportedly found numerous incriminating videos saved in his Snapchat account, according to the Miami Herald. Lewd and lascivious battery is a serious felony charge, but so too are the others that involve disseminating the material on social media. F.S. 827.071, which pertains to sharing material that shows a child engaged in a sex act. Depending on one’s degree of involvement, the charge can be a second- or third-degree felony, with maximum penalties of between 5 and 15 years in prison.
Three teens were arrested in Wesley Chapel, FL (north of Tampa) over videos on Snapchat that depict them with guns in a grocery store bathroom. The teens were arrested while still on site at the store, in the dairy section. Authorities allegedly found stolen handguns, ammunition, and a stolen credit card.
Three middle school students were arrested for alleged threats made on Snapchat against their school. Specifically, they are charged with making a written threat to do bodily harm or commit an act of terrorism. As outlined in F.S. 836.10, this is a second-degree felony, punishable by up to 15 years in prison.

May 15, 2021

Broward Juvenile Defense Lawyers Represent High-Risk Teen Drivers

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

There is a reason insurance costs double when you add a teen driver to your plan: They’re high risk. Inexperienced, irresponsible and prone to distraction, they’re far more likely to make errors and behind the wheel. They’re three times more likely to cause a fatal crash per mile driven, according to the CDC. Sometimes, poor choices may lead them on the wrong side of the law, requiring the services of Broward juvenile defense lawyers.

A recent survey by auto research firm Co-Pilot indicated Florida teen drivers are among the riskiest in the nation.

The metrics used in the study authors’ risk assessment:

Percentage of teen drivers who don’t wear a seat belt.
Percentage of teens who drink and drive.
Percentage of teens who text and drive.

Here in Florida, 8 percent of teens admitted to forgoing a seatbelt, 6 percent said they drink and drive and 36 percent said they text and drive. Although they may be juveniles, they can still face substantial criminal penalties for violating traffic and safety laws, particularly if someone is hurt or they cause damage to property.

Some parents assume that they can allow their child to go through the Florida juvenile justice system unaided by legal counsel to “teach them a lesson.” The presumption is the consequences won’t be significant or truly impact the rest of their lives anyway. This is incorrect. There are ways for teens to “learn their lesson” without being thrown to the mercy of the courts without adequate legal representation. Continue reading

January 22, 2017

Florida Leads Nation in Charging Children as Adults

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

South Florida prosecutors recently announced they would be charging a Fort Lauderdale teen as an adult for his alleged role in an attempted robbery that resulted in the fatal shooting of a construction worker at a convenience store. The state attorney’s office said the 17-year-old suspect reportedly shot the 33-year-old construction worker, who had just exchanged a $100 bill for several $20 bills. The two reportedly started “tussling” when the suspect held the worker at gunpoint, and the suspect in turn fired at least three shots, killing the worker, police said.

When teens are charged as adults, it’s via a process known as “direct file,” spelled out in F.S. 985.557. The statute allows that any child who is 14 or 15 at the time of an alleged offense may be subject to a “discretionary direct file” (the discretion being that of the state attorney’s office) for certain felony offenses, including (but not limited to) murder, sexual battery, kidnapping, stalking, child abuse, aggravated battery or armed burglary. A child who is 16 or 17 may be subject to a mandatory direct file if they have previously been adjudicated delinquent for one of these felonies or if the current offense is a “forcible felony” or if the the offense involved possession of a firearm/ destructive device and/ or involved discharge of that weapon.

So while some of these matters may be out of prosecutors’ hands via statute, the fact remains that Florida transfers more children out of the juvenile justice system and into adult court than any other state. The Human Rights Watch reported on this fact in a 2014 investigation. Ninety-eight percent of children who end up in the adult court system do so as a result of the direct file statute, which does not require prosecutors to get any input from a judge. Continue reading