Florida Criminal Attorneys Blog

Attorneys at Musca Law stress the importance of retaining experienced criminal defense counsel to protect your constitutional rights after an arrest. A defendant may retain an attorney at any stage of their case, whether it is during the investigation, or the night before their arraignment.

Lawyers have become increasingly specialized, so it is important to retain an attorney with experience in your type of legal issue. While an attorney may claim they can handle your criminal case, if it is not an area they typically practice, you may want to reconsider their claim. The representation may cost more because the attorney must put time and effort into researching the particularities associated with the issue.  As well, an experienced criminal defense attorney will be much more familiar with the proper channels and people to deal with in order to obtain the best possible outcome on your behalf.

Punishment for a criminal conviction can be severe, emphasizing the importance of retaining counsel with experience in protecting the rights of clients. Maintaining an aggressive defense to avoid a conviction is especially important for an enhanceable offense. An enhanceable offense is one that results in a tougher sentence for each additional time there is a conviction. For example, driving with a suspended license and driving under the influence (DUI) are both enhanceable crimes. The first and second DUI convictions are misdemeanors, but if a person is convicted of two DUI's, they will face felony charges for the third arrest in that time frame.

Continue reading "CASE EXAMPLE: Court Imposed Illegal Sentence Set Aside. The Importance of Retaining an Experienced Criminal Defense Attorney. " »

Shannon Burke, 43, was arrested last week for shooting his wife and her pet dog. His wife dialed 911 law enforcement officials were called to Burke's home. His wife survived the attack and has received an emergency domestic violence injunction to protect her from her husband. She was shot in the head and remains hospitalized. Burke has been charged with aggravated assault and animal cruelty related to the shooting, as well as violation of probation. Cathy Burke's small dog, Charlotte, also survived its gunshot wound and is recovering.

Burke was already serving probation at the time of this offense. He was sentenced in November to about a year of probation after pleading no contest to a charge of reckless driving, stemming from alcohol. Burke's criminal defense attorney and the state prosecutors disagreed over several aspects of his case at Burke's first court appearance, with the state alleging that he is behind in probation payments and has not attended DUI school. Burke's attorney denied both of those allegations, saying his client was up-to-date with payments before May 1 and that his client attended DUI school. His possession of the weapon used to shoot his wife and her dog was in violation of the terms of his probation.

Meanwhile, Burke's former wife - a different woman than the woman he allegedly shot - received an emergency injunction to protect the nine-year-old daughter they have together. Burke is now not permitted to have any contact with his young daughter except phone calls. The ex-wife alleges that Burke was "volatile" during her marriage to him and also that he fired a shot into the wall of his apartment when arguing with a girlfriend subsequent to their divorce, which occurred in 2004. She also stated that Burke threatened to commit suicide while armed with a gun.

The original story is available here.



If you have been arrested in Florida, contact the criminal defense attorneys at Musca Law as soon as possible.

A local Orlando man has been sentenced in federal court for faking injuries and receiving government benefits. Patrick Wilson plead guilty to two counts of theft of government property, in the form of disability benefits. Wilson told officials at the Department of Veterans Affairs that he was paralyzed and received tens of thousands of dollars in disability benefits. Law enforcement investigators videotaped Wilson walking just fine, however - engaged in work on his yard, roofing his house, and even dancing. Wilson will spend 13 months in federal prison and has been ordered to pay the Department of Veterans Affairs nearly $160,000 in restitution. It is not clear how long Wilson received veteran's payments before officials became suspicious of his paralysis claims.

In an extremely tragic story in south Florida, a Miramar man has been arrested for shooting his wife and their daughter. Police say the couple's 12-year-old daughter saw her father about to shoot her mother and attempted to intervene. When she interrupted, he shot the girl, as well. Dervis L. Lawrence, 39, was arguing with Odover Laird, 29, in the driveway of their home, the girl told investigators. She saw her father repeatedly shooting Laird as Laird attempted to escape. When the daughter grabbed her father's arm to stop him, he turned and shot his own daughter in her upper arm to prevent her from interfering.

Laird was pronounced dead at the home. Police did not release the name of the 12-year-old. Lawrence is being held in jail with no bond set. He has been charged with murder and attempted murder. The shooting incident occurred on the 3000 block of S.W. 173rd Way. The daughter was hospitalized with her injuries and is expected to recover. Miramar police reported that the couple was arguing about financial matters prior to the shooting.

Collier County, Fl.   Florida police issue more than 4 million speeding citations each year.   Most people don't realize that if they pay a ticket, the payment is an automatic admission and adjudication of guilt on their driving record. In addition, points are assessed for all moving violations and can result in a license suspension. Insurance companies use this information as justification to raise insurance rates. 

Traffic ticket defense attorneys at Musca Law help their clients reach the most desirable outcome for traffic violations. We work to prevent driver's license suspension, to mitigate any additional points on your record, and to protect your driving privileges. We represent local Florida residents, over-the-road truck drivers and tourists for all types of traffic violations, including those related to DUI offense. 

Recently we were able to assist one of our clients who was facing very serious traffic violations.  Our client had just signed a lease agreement for a new BMW and on his first day driving his bimmer was caught speeding by police.  Police radar clocked his vehicle traveling 107mph in a 70 mph zone.  He was issued a citation for speeding and upon conducting the traffic stop the police arrested our client for Failure to Register Vehicle.

Our experienced attorneys quickly filed a Motion to Consolidate the Defendant's Criminal Case with the traffic citation and the Motion was granted.  Our attorney aggressively challenged the Failure to Register Vehicle Charge and presented the State with the lease agreement, indicating that our client was not the responsible party for getting the vehicle registered.  The Court agreed with our argument and issued a Nolle Prosse, dismissing the charge against our client.  Because of our attorney's timely actions, both charges were merged and dismissed.  This means our client did not have 4 points assessed to his license and he is able to have his record sealed on the criminal charge.

In 1989, 13-year-old Joe Sullivan and friends apparently burglarized a house in West Pensacola, which he does not deny. However, he was later convicted of going back to the house a at a later time, armed with a knife, and raping the 73-year-old woman who owned the home. One of Sullivan's co-defendants pointed the finger at him, telling law enforcement officials that Sullivan was the person who sexually assaulted the woman.

At the time of the rape, Sullivan already had quite a juvenile history. The judge who presided in the case said that he would "send him away for as long as I can, he is beyond help. The juvenile system has been utterly incapable of doing anything with Mr. Sullivan."

Twenty years later, Sullivan, now 33, continues to deny that he was the rapist. The victim's identification of him was weak. She described him as having "kinky hair and he was quite black and he was small." She was unable to verify for certain if his was the voice she heard when her assailant told her, "If you can't identify me, I may not have to kill you."

Sullivan was tried as an adult and sentenced to life imprisonment. Now, his health is deteriorating. He uses a wheelchair due to his multiple sclerosis. While in prison, he has been in all kinds of trouble, with over 100 incidents reported of contraband, fighting, and weapons violations.

The case has been appealed to the United States Supreme Court, which has not yet decided whether to hear the case. His criminal defense attorneys do not claim that Sullivan is innocent - only that he should have the opportunity for parole at some point in the future. They also say that he is mentally challenged, which has contributed towards the prison violations.

Sentencing minors to life in prison without parole is uncommon. In the U.S., no such sentences have been imposed on any minor under the age of 15 in the last decade, with the exception of sentencing for homicide crimes. Sexual assault jurisprudence for offenders under that age is not well developed at this time, because it is such an uncommon crime.

Last January, Pam Biggers, who was 52, traveled to Panama City Beach in the Florida Panhandle. A resident of Hueytown, Alabama, Biggers was there for a business conference and accompanied by a colleage. Both were staying at the La Quinta Inn.

She checked into the hotel upon arrival and had a phone conversation with her husband at about 5:30 in the afternoon, telling him she had arrived safely. Biggers mentioned her plans to dine with the colleague, which she apparently did shortly after getting off the phone. The two women returned to their rooms at around 7:00 p.m.

What happened after that is still a mystery. Biggers has not been seen since she returned from dinner with her friend. Law enforcement officials believe Biggers read in bed, due to the placement of her reading glasses and a book on the bed. Still, she did not change into her pajamas for the night and wherever she went, she did not take her car keys, her cell phone, purse, or the key to her hotel room with her.

Biggers suffered some problems and had recently gone off of her medication. According to her husband, "We think she may have initially wandered off on her own," Don Biggers said. "She had some episodes . . . voices in her head and paranoia." He had not wanted her to go on the trip to the Panhandle due to his concerns.

Her car remained in the hotel parking lot and it is not clear whether she wandered off on her own accord or was the victim of a crime. Possibly, both could have happened. She was particularly distressed about her son's impending deployment to Afghanistan, a factor which could have exacerbated her fragile mental state.

Continue reading "Unsolved Florida Disappearance with Possible Criminal Activity - Panama City, FL" »

Lee County, FL.   In the State of Florida, a conviction for any drug offense will results in an automatic and immediate two year suspension of a driver's license. The suspension goes into effect regardless of whether or not the crime was driving-related. This includes a conviction for possession of marijuana. Florida penalizes the possession of marijuana even in very small amounts. Possession of 20 grams or less is a first-degree misdemeanor.

A marijuana conviction has many other long term serious consequences and is punishable by up to one year in prison, in addition to probation, fines, court costs and other penalties. College students convicted of possession have a lot at stake. If convicted, a college student will loss eligibility for state financial aid and student loans, jeopardize college enrollment status, employment opportunities and other future prospects. When charged with possession of marijuana, it is critical to take appropriate action and retain an experienced criminal defense attorney.

A Lee County college student facing possession charges took precautions to protect his future by retaining the knowledgeable and skilled criminal defense attorneys at Musca Law.

Continue reading "College Student Possession of Marijuana: Defense Attorney Fights to Obtain No Conviction! " »

Most citizens are familiar with the concept that the Second Amendment, part of the Bill of Rights in the federal Constitution, protects their right to bear arms. Gun rights activists have long maintained that the Second Amendment protects an individual right, meaning that regular citizens have the right to carry and own firearms. Nonetheless, there are still important restrictions with regard to the right of gun ownership for people who have a felony criminal record in the state of Florida.

Convicted felons are not allowed to possess firearms in Florida. A felony is a crime that is punishable by more than a year in prison, even if the actual sentence the defendant received was different - such as 18 months of probation rather than time in prison. Even if your case did not go to trial, but you pleaded guilty, you are considered by Florida criminal law to be a convicted felon.

Florida recognizes a separate crime which is usually called "felon in possession of a firearm," but is broader than the name suggests, applying not only to guns, but also to ammunition, tasers, tear gas guns, and concealed weapons more generally. The felon can be a person convicted of a crime punishable by more than one year in prison - even if the conviction was in a different state or country or was a federal crime.

The felony conviction does not even have to be for a crime involving violence or the use of a gun or weapon of any kind. In fact, even white collar crimes and other nonviolent convictions can result in the loss of your right to possess a gun. Possession does not mean only ownership; it can also mean just holding onto another person's weapon or having one in your vehicle. The only way to regain your right to gun ownership if you have a felony conviction is to have your civil rights and firearm rights restored by the state.

If you have been charged as a felon in possession in the state of Florida, contact the criminal defense attorneys at Musca Law.

Several gun crimes have been in the news this week in the Orlando, Florida area. Additionally, an Orlando police chief was disciplined this week after her police-issued weapon and ammunition were stolen.

At about 1:40 in the morning, several men broke into an Orange County home. Law enforcement officials are investigating whether there were two or three perpetrators involved in the Pine Hills incident. The men held the home's occupants at gunpoint in the middle of the night, attempting to rob them. There were two women and a child, age 8, in the house at the time of the break-in. One of the women was "pistol-whipped" during the ordeal.

At this point, police are still investigating and they have not arrested any suspects or issued a description of the armed men. The men did not actually take anything from the home, despite the allegation that they demanded money from the victims.

An Orlando police chief was disciplined after her gun was stolen from her police vehicle. The vehicle issued to Police Chief Val Kemings was broken into and a duffle bag on the passenger's side of the car was taken. It contained her police-issued gun, ammunition, her baton, and other police equipment.

According to internal police department records, Chief Kemings used the keyless entry remote to lock the vehicle. Nonetheless, she was censured for failing to physically check that the doors had locked, as required by Orlando Police Department policy. According to the policy, officers have an "enhanced duty" to safeguard their weapons due to the "inherently dangerous" nature of guns.

The internal affairs documents showed that Chief Kemings accepted responsibility for her role and received a written censure for failing to check the door locks. In accordance with department policy, the censure will remain in her employment file for three years.




The original reports on these incidents are available here and here.

The current foreclosure crisis has created a host of vacant homes in Lee County. These unmonitored homes present open opportunity for vandalism to occur. One of the items targeted in these homes is copper. Copper, which several years sold for less than $1 a pound, now sells for close to $4. The metal theft epidemic throughout the country has contributed to increased legislation addressing this crime.

Effective October 1, 2008 Florida enacted a new law to deter metal theft by requiring secondary metal dealers to keep detailed records. Under the law recycling businesses are required to record a description of the person selling the metals, including the person's full name, current residential address, workplace and home and work phone numbers and a description of the person's vehicle. Height, weight, date of birth, race, gender, hair and eye color and other identifying marks also must be recorded and a thumbprint must be collected. The law also dictates how a person can be paid for recycled metals and enhances the penalties for violating the law.

A 22 year old Lehigh Acres resident foolishly gave into the temptation of copper theft. Unemployed at the time, he was enticed by peer pressure to partake in the criminal activity. He paired up with a friend and found they could make easy money by taking air conditioning

Continue reading "Criminal Defense Attorney Obtains Reduced Sentence for Metal Theft. Lee County, FL." »

Crimes committed against children usually spark the most media attention and the most public outrage. The heavily publicized murder case of Caylee Anthony, who went missing last summer here in Florida, has drawn outrage not only in Caylee's own community but nationally. Her mother, Casey Anthony, has been charged with the toddler's murder. The girl's body was not located until months after her disappearance. Casey Anthony has told investigators that she left Caylee with a babysitter by the name of Zenaida Gonzalez, a story law enforcement officials believe is a fabrication. Gonzalez, who resides in Kissimmee, says she was unfamiliar with the Anthonys until police contacted her regarding the investigation. She has filed a civil lawsuit against Casey Anthony, alleging defamation.

The standards for proving murder do not change with the victim's age. However, children are an especially vulnerable population, so certain crimes are only made criminal acts because children are victimized. Other crimes are punished more severely when people under the age of 18 are involved.

Child sex offenses, for example, are punished more severely depending on the victim's age. A person who commits a sexual offense against victim under the age of 12 will face charges particularized child sex charges. Ignorance of the child's age is not a defense for committing the act and it does not matter if the child lied about his or her age such that the perpetrator actually believed the contact was consensual. Children cannot consent to sex acts.

Child abuse and child neglect are crimes that relate to the victim's age. A parent who strikes another adult would be guilty of battery, but doing so to her child becomes child abuse because of the special status of children under the law. Similarly, child neglect occurs when a parent or caretaker does not provide for a child's basic needs. Parents and guardians have a duty to care for their children.

If you have been accused of a child sex offense or any other crime, contact the Florida criminal defense lawyers at Musca Law to discuss your defense.

Criminal defense lawyers develop different legal and factual defenses for their clients, depending on what the client says happened and under what circumstances. Traditional defenses relating to the facts of the crime typically involve impossibility. An alibi is a common factual defense - the defendant claims he was in another location at the time the crime was committed, so it could not have been perpetrated by him. For this defense to be effective, it must be supported by additional evidence, such as testimony from witnesses who saw the defendant in another location during the relevant time frame. Unbiased evidence is usually the most effective. For instance, if a woman identifies the defendant as the man who raped her at 8:00 p.m. on Tuesday night, it is to the man's advantage when claiming an alibi to have a videotape of him at a different location. A convenience store, ATM, or other place of business could have caught him on surveillance in a different part of town at or near the time or the crime.

An affirmative defense is one in which the defendant admits to the allegations against him, but claims that he was either justified or is not actually culpable for the crime. Killing in self-defense is a good example. If Fred jumps out of the shadows of a Miami Beach alleyway and attacks George with a knife, George might pull out his handgun and shoot Fred. If George is ever charged with Fred's murder, he will claim self-defense - although he killed him, it was justified.

Similarly, suppose Fred jumped out of the shadows of the home he shared with George on George's birthday, festively dressed in a party hat and shouting "surprise!" Most people would be appropriately startled, but correctly identify the beginning of a surprise birthday part. If George is severely mentally ill and paranoid, however, he may believe that Fred is there to harm him. In that case, if he shot Fred and was later charged with his murder, George would probably claim insanity as his best defense. Insanity is permitted as a legal defense because although the defendant committed the crime, he was not of sound mind at the time the crime occurred, and so cannot be found culpable for his actions.

If you have been charged with a crime anywhere in Florida, contact the criminal defense lawyers at Musca Law.

Lee County, FL.  A Lee County Sherriff Deputy was on uniform patrol with his K9 partner when the loud noise of a muffler from a black Honda Civic caught his attention. The Deputy also noticed the dark tinted window on the front passenger side of the vehicle was darker than the legal limit. The officer conducted a traffic stop and made contact with the driver. The driver agreed that his aftermarket muffler was noisy and needed to be fixed. He explained to the officer that he had recently moved from another state and the darker window tint was legal there. He was in the process of removing the window tint on his car and only had one window left to finish. 

While speaking with the driver, the officer noticed the odor of marijuana coming from the interior of the vehicle and asked the driver to exit his car. The Deputy utilized his K9 partner to conduct a free air sniff of the vehicle. The K9 gave a positive alert to the odor of illegal narcotics coming from inside the passenger side of the vehicle. The officer recovered a clear plastic bag of marijuana from the vehicle.

The marijuana field test was positive for THC base and weighed approximately 7.8 grams. The driver was arrested without incident and charged with Possession of Marijuana, Fla. Statute 893.13(6)(b) and Possession of Paraphernalia, Fla. Statute 893.147. He was also issued two citations for Vehicle/Unsafe Condition.

 

Continue reading "Noisy Muffler Leads to Charges of Possession: Professional Representation Counts! No Conviction! " »