Florida Criminal Attorneys Blog

A judge presiding over a domestic violence courtroom in Fort Lauderdale had to intervene after the defendant began attacking his female victim, according to the Broward County Sheriff's Office. John Charles Reasee II, who is 29, was informed by the court that he would be taken to jail because he was in violation of the terms of his release before trial. Reasee went around his criminal defense lawyer and began hitting the victim repeatedly. County Court judge Ian Richards joined two police officers and the courtroom deputy in subduing the defendant.

Many criminal defendants are allowed pre-trial release, meaning that they are not required to stay in jail while they await trial provided that they meet certain conditions. For example, a defendant released on his own recognizance will be required to maintain a home address. The court must be able to contact him. In other cases, a defendant might be released on bail.

Pre-trial release is most frequently granted to defendants facing misdemeanor charges and those who appear to be reliable or have ties to the community. For instance, a person who has lived in the county for his entire life, who is employed, and whose family lives locally is far less likely to "jump bail" or otherwise fail to appear for trial. A defendant who has many past convictions, few connections to the community, or who has previously failed to appear is less likely to receive pre-trial release. In some cases, defendants must meet conditions like electronic monitoring in order to obtain pre-trial release. If the defendant violates the terms of his release, he can and likely will be taken into police custody to await trial.

The Florida criminal defense attorneys at Musca Law provide comprehensive legal representation throughout the state of Florida. If you have been charged with a crime, contact our offices as soon as possible.

The original article is available here.

A Cape Coral couple is facing serious criminal charges after police found them living in unsafe conditions with their infant. According to law enforcement officials, Marc Rush and Renee Vanalsburg have been arrested and charged with child neglect after police responded to a call regarding a domestic dispute between the couple. Vanalsburg, Rush, and their baby resided with Vanalburg's half-sister, who later told reporters that she was unaware of the conditions in which they were living or subjecting the baby due to her half-sister's secretiveness.

When police arrived at the couple's home, the found Vanalsburg breastfeeding the baby, although she appeared to officers to be "heavily under the influence of alcohol and narcotics." Rush had passed out, according to the police report. The floor in the room was covered in knives, an ant-killing pesticide, glass shards, and spray paint. There were drugs or drug paraphernalia sitting atop the baby's dresser. Additionally, police say they located a bottle of oxycodone pills - a heavy duty prescription painkiller - actually inside the infant's crib.

Since Vanalsburg and Rush have been arrested, the Florida Department of Children and Families has taken the infant into protective custody. Although the agency frequently tries to find appropriate familial placements for children who cannot live with their parents, its first goal in emergency situations is to make sure a child is safe - and to evaluate appropriate family members and their homes as potential temporary or permanent placements later.

Child neglect in Florida is a different criminal charge than child abuse. Child neglect involves a parent's or caregiver's failure to meet the child's most basic needs, such as food, clothing, shelter, and medical care. Child abuse, on the other hand, is marked by anyone's intentional actions that hurt a child, whether mental or physical. In the case of child abuse, the person causing injury need not be the child's caregiver. Child sexual abuse is a separate offense and is treated more harshly under Florida law.

The original article is available here.

Due to a high incident of vehicle and residential burglary in Lehigh Acres, police in Lee County set up an undercover operation. A decoy vehicle was set up along the roadside simulating a disabled vehicle. The "bait" used to lure criminal activity was a brand new Toshiba 32" flat screen TV, protruding out of the partially opened trunk. The trunk was secured with a bungy cord. The TV was valued at $290. Deputies conducted surveillance from an unmarked vehicle parked in a nearby driveway, approximately 18 yards from the target vehicle.

Police spotted a white Dodge pickup drive by the decoy several times before parking close by. The suspect was observed opening the trunk of the decoy vehicle and removing the Toshiba TV. Deputies confronted the man and he dropped the TV. They handcuffed the suspect and a pat down search revealed a pipe used for smoking marijuana in his front pocket. He was arrested and charged with:  Petit Theft, Fla. Statute 812.014(2)(e), Burglary of a Conveyance, Fla. Statute 810.02, and Possession of Paraphernalia, Fla. Statute 893.147(1).

Seeking experienced Fort Myers criminal lawyers, the 26 year old defendant retained the services of attorneys at Musca Law. By negotiating with the State Attorney on behalf of our client, the charges were broken down. Adjudication was withheld on the Burglary of a Conveyance charge, meaning no conviction, no finding of guilt. Our client received a short period of probation as punishment for the charges of Petit Theft and Possession of Paraphernalia.

 

Delores Laster, 61, has taught first grade in Winter Garden, Florida for 40 years. She was on her way to work this week when law enforcement officials arrested her for the murder of her husband, who was killed on March 20, 1988. Laster had no other criminal record, other than a Kmart shoplifting incident 15 years ago in which the court withheld adjudication and sentenced her to probation.

Delores Laster and her husband Clarence adopted three children together, in addition to the six he had from relationships before he met his wife. Delores Laster called 911 from their Pine Hills home on the date of his death, after she returned from a trip to Gainesville. According to Laster, her husband had left home early the morning before with a person she did not know, and she had not seen her husband since - until she claimed she found him dead at their home.

At the time, Laster hired an attorney and became very protective of the couple's three young children. She did not permit investigators to interview them. Laster told officers that she found her husband's body in the garage of their home, yet all indications suggested that he was killed in their blood-soaked bedroom. Police found no evidence of a burglary, nor any suggestion that the motive was theft - even Clarence's wallet remained in open view, untouched on the bedside table.

Two of the couple's children, who were 10 and 12 at the time of their father's murder, were interviewed by investigators reviewing cold cases this year. Although the evidence that led to their mother's arrest has not yet been made public, law enforcement officials say it was information derived from those conversations that made the arrest of Delores Laster possible now, 21 years after the death of Clarence Laster. Investigators explored whether or not the couple had a history of domestic violence, but found no indication that such activity was occurring prior to the murder. Delores Kester is currently being held without bond in Orange County.

If you or a loved one has been charged with a crime in Florida, contact the criminal defense lawyers at Musca Law.

A Northern Ireland man has been arrested for computer invasion, more commonly known as hacking, after allegedly harassing teenage girls and young women over a period of several years. He is facing charges in Florida stemming from a long-term attack on an Orlando teen.

Investigators say Patrick Connolly and another man, both of whom worked as contractors at a United States military base in Iraq, victimized approximately 4,000 females. The other man was convicted of child pornography charges last year and sentenced to 110 years in prison after police found over one million pornographic images in his possession. Additionally, he gave police information related to Connolly's involvement, as the two allegedly "shared" girls as part of the operation.

Law enforcement officials say that the pair remotely hacked into the computers of females, mostly girls in their teens. From there, the men would peruse their files and monitor their typing, in addition to contacting the girls directly. Police say the men forced the girls to provide them with explicit photographs and videos. The men told the girls that if they refused to comply, they would take various steps against the girls, such as sending photos to a girl's grandmother or harming another girl's sister. Connolly even apparently traveled to Florida in 2004, showing up at the teen's place of work.

Connolly, who is 36, was arrested at the Atlanta airport and has been extradited to Florida to face charges. The Orlando victim was first contacted by Connolly in 2002, when she was 14 years old, and the harassment has continued, police allege. In addition to the workplace incident, Connolly also tried to persuade the girl to accompany him to Universal Studios on a separate occasion.

Florida criminal defense lawyers are finding that sex crimes relating to internet usage are increasingly common and particularly advise parents to monitor their children's computer usage and to discuss online predators.

Caught up in the stress of daily life, a Lee County mother of 3 found herself facing serious domestic violence charges. Her 12 year marriage was strained and her actions became erratic. For several years prior she had been treated for chronic depression and anxiety. She had been prescribed anti-psychotic medications but was inconsistent with her dosage. When her behavior became argumentative and even abusive towards her 72 year old husband, he called the police. The woman was arrested and charged with Battery on a Person 65 Years of Age or Older, under Fla. Statute 784.08. The Court also issued a Pre-Trial Release No Contact Order, maintaining that the defendant have no contact with her husband.

The husband was forced to care for their two younger children himself while his wife struggled with her mental health issues. Unfortunately, her problems continued and she was obsessed with contacting her husband. She did not comply with the No Contact Order and was arrested a second time for Battery against her husband. Cape Coral Police also charged her with violating the Pre-Trial Release Condition, under Fla. Statute 741.29(6), a First Degree Misdemeanor.

Facing the remorse of her actions, the woman sought help through professional counseling and church services. In light of their long term marriage and commitment to their children, the couple wanted to reconcile their differences and reunite the family.

Being found guilty of domestic violence in Florida can have serious penalties and consequences for both the individual and their family. Battery on Persons 65 Years of Age carries a penalty of up to 5 years in prison. The defendant sought the experience of the criminal defense attorneys at Musca Law to help avoid a conviction and the long term consequences of these allegations.

Attorneys at Musca Law saw the honest attempt the defendant had made by attending a recovery group focused on women's anger through her church. The couple had also been seeking professional help from a marriage and family therapist. Our attorneys motioned the Court to lift the No Contact Order and take consideration of the defendant's husband having no objection, as well as his desire to reconcile his marriage. The Motion to Lift the No Contact Order, was modified to No Violent Contact and continue with counseling. On the charges of Battery, the State Attorney's Office issued a Nolle Pros, and the case was dismissed.

The Florida criminal lawyers at Musca Law are sorry to report on a tragic murder-suicide in Miami. According to law enforcement officials, a man showed up uninvited to a birthday party, angry with his estranged wife. Many of his wife's family members were present at the party, including her daughter. The birthday party was being held for her daughter's boyfriend. Police have not released the identities of the victims at this point, which Florida criminal lawyers say is consistent with their practice of notifying families about deaths prior to releasing information to the public.

The man apparently came to the party and announced that he blamed the people present - the wife's family - for the fact that their relationship was dissolving or that she had left him after about four years of marriage. After that, the man pulled out a gun and bullets rained out. People at the gathering fled, pouring out into the street. The man's wife, her daughter, and the daughter's boyfriend were all killed at the scene. Additionally, the mother of the wife was killed. Witnesses said that the man then departed from the scene in a red truck. A man who was walking his dog in the neighborhood at the time of the shooting said that, altogether, he heard over two dozen shots fired before the man left in the red truck.

Not long after, Miami police received another 911 call to report that a building and a truck were on fire. The shooter apparently set fire to his red getaway truck and the building in which he resided. At that point, he turned the gun on himself, taking his own life.

Florida criminal lawyer John Musca is sorry to hear of another tragic murder-suicide case. These crimes are difficult for families to grapple with, when innocent victims are killed and the person responsible dies on his own terms, never to face those left behind. Victims and their families often speak during sentencing after a criminal conviction, typically arguing for harsh sentences. The opportunity to express their views and to talk about the impact of the crime on their lives can be therapeutic for some victims and family members. A local newspaper report about the incident is available here.

The Florida criminal attorneys at Musca Law are well aware of the public concern regarding crime, as well as the emphasis at the state level on law enforcement and corrections. As states across the country slash their budgets, many southern states have elected to keep their corrections budget high, preferring to incarcerate convicted criminals over alternative methods of punishment, such as house arrest and probation. Also, Florida criminal lawyer John Musca likes to keep abreast of the latest statistics regarding crime throughout the state. With that in mind, we took a look at the trends of the past few decades in Florida criminal activity.

Between 1960 and 2007, the population increased exponentially, in part because of the desirable climate in the state and the growing popularity of Florida as a retirement destination. During that period, the population rose from 4,951,560 to 18,251,243, an increase of about 400 percent. In 1960, 403 forcible rapes were reported, compared to 6,151 in 2007. Rape, however, is far more difficult to quantify than any other crime, with the possible exception of domestic violence, according to the Musca Law Florida criminal defense lawyers. In the past few decades, awareness of rape has grown significantly. Nonetheless, reporting is believed to remain very low, although it is almost certainly higher today than it was nearly five decades ago. Rape statistics peaked in 1997, when 7,599 were reported statewide.

After slowing in the 1990s, the number of murders are back to the high numbers first seen in the 1980s. In 1962, the state saw only 420 murders, the lowest number in the time frame. The numbers peaked in 1982 and again in 1988, with 1,409 and 1,405 murders respectively. After a significant dip between 1998 and 2005, the numbers are on the rise again, at 1,201 in 2007.

Florida criminal lawyers wonder, then, if the hype about crime rate is at times overblown? Although crime remains a serious problem facing the state, and even one murder or rape is too many, the figures are not significantly higher than they were almost 50 years ago when factoring in the dramatic change in population. Generally, the crime rates appear to have been at their highest across the board during the 1980s, then dropped during the 1990s. Because economic factors influence crime, legislators should be aware that the current downturn may cause a spike in the statewide crime rate.

Below is a video regarding increases in sex offender punishment in Florida:



The statistics used in this story can be found here.

Charges of Aggravated Assault with a Deadly Weapon placed a Lee County resident on two years probation. His supervision was later transferred to New York State. Apparently, the former Florida resident became involved in another criminal situation and seven months into his probationary period was arrested and charged with Trademark Counterfeiting in the 2nd Degree by New York City police officers. The probation officer in charge of his case submitted a Violation of Probation Report and a warrant was issued by Lee County Court for the defendant's arrest. 

A Violation of Probation (VOP) is much different than being charged with a new crime. Because the defendant has already been sentenced to probation, there is less protection than being charged with a new crime and it is much easier for the State to prove a violation. The individual in violation does not have the right to a trial before a jury and the prosecutor must only prove that the defendant more than likely violated their probation. Finding of guilt in a VOP may result in; the probation period being lengthened or revoked, more conditions added to the probation terms, or the individual facing time in jail.

The charge of Trademark Counterfeiting in New York State was later dismissed. Lee County Criminal Defense Attorneys successfully argued on behalf of the defendant that the warrant should be also dismissed. Because the Counterfeiting charge no longer existed and was the basis of the probation violation, it was demonstrated that the probation should not be revoked and the warrant was dismissed by the Court.