August 2009 Archives

August 30, 2009

Three Ft. Myers Men Arrested on Weapons and Drug Charges

Guns.jpgFt. Myers Police arrest three men in connection with drug and weapons charges. The police obtained warrants to search the apartment homes of the defendants, 23-year old Byron Harris, 19-year old Michael Donaldson and 18-year old Marquis Reid. The men attempted to flee the scene upon the arrival of the deputies and were apprehended.

The search recovered cocaine, marijuana and five guns. Three of the five guns were loaded. The men now face charges of felony drug possession, possession of a firearm by a convicted felon, failing to have an active permit for carrying a concealed weapon, resisting arrest without violence and possession of drug paraphernalia.

Offenders lose many of their civil liberties after being convicted of a serious crime. Florida is one of the few remaining states that do not allow formerly convicted felons to vote or carry firearms. These rights originally granted to all Americans by the U.S. Constitution are revoked in Florida after a conviction. Governor Charlie Crist has made an effort to restore some of the civil rights back to the offenders who have served their sentence and paid their debt to society. He feels it is democratically appropriate to allow former criminals a second chance to move forward with their lives.

 

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August 25, 2009

Clearwater Man Arrested on Felony Child Neglect Charges After Leaving Toddlers in Car at Strip Club

strip club.jpgA Largo man faces criminal charges after leaving two toddlers alone in the car while he visited a strip club. Police arrested the defendant, 33-year old Kenneth J. Summers, on two felony charges of child neglect. The incident occurred at 11:00 p.m. this week at the Oz Gentleman Club on U.S. 19.

Police were contacted after witnesses reported the 3-year old and 4-year old children alone in the car for 20 to 40 minutes. The relationship between the children and the defendant has not been released. Summers as not posted the $10,000 bond and remains in the Pinellas County Jail.

Florida Statute 827.03 defines the crime of child neglect as the failure to provide a child with care and supervision in a good faith effort to maintain their physical and mental health. If an injury to the child resulted from the negligence, the State of Florida considers this crime a second degree felony and punishable by up to 15 years in prison. Otherwise, if no injury occurred towards the child due to the negligent adult, the offender faces a third degree felony. A third degree felony is punishable by up to 5 years in Florida State prison. 

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August 19, 2009

Kissimmee Man Chewed Mints and Mistakenly Arrested for Possession of Crack Cocaine

cocaine-crack.jpgKissimmee Police Department arrested a man allegedly in possession of crack cocaine. Officers initiated a traffic stop for an expired tag violation. The deputy witnessed the defendant, Donald May, chewing on an unknown white substance. May explained to the officer that he simply had mints in his mouth.

The Officer refused to believe the statements of the suspect and arrested him on possession of cocaine and tampering with evidence. The Court denied May bond for three months. He lost his apartment, his job and car.

The Florida Department of Law Enforcement and the State Attorney sent May a letter in jail excusing him from the charges. The substance in his mouth failed to show any signs of drugs in lab tests. The officer on the scene falsified reports and his statements to secure an arrest of the suspect. May is now suing the City of Kissimmee for false arrest and false imprisonment. An agreement has not yet been reached in this civil suit.

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August 18, 2009

Man Fatally Stabbed By Girlfriend After An Argument

Alex Schlegel  pay_phone_charm-street-.jpgOrange County -The Sheriff's office responded to a call regarding a stabbing at an Orange County boarding house on 17th Street, where a woman stabbed and killed her boyfriend.  According to a spokesperson for the sheriff's department "there was an altercation between her and her boyfriend and she apparently stabbed him."  The victim is a man in his 40's his name is yet to be released. 

There were two calls made; one to the Orlando Police Department and another transferred to the Orange County Sheriff's Office.   After the first call deputies responded relative to a domestic dispute, to find that there was no violence at the location.  After the second call deputies were able to locate the woman.  "She came to the pay phone to call law enforcement and she called twice," according to a spokesperson for the Sheriff's office.  "She is being very cooperative with detectives."

According to reports the sheriff's office responded to calls in the past in regards to the 17th Street location, twice for a burglary call and once for a routine investigation.  There was also another 911 call however deputies were not able to locate the caller.

There has been no information released as to the motive, however the woman has been charged on one count of first degree murder.

A criminal conviction will not only affect your future it will follow you for the rest of your life.  Do not hesitate involving an attorney, the sooner an attorney is involved the better the results.  When an investigation is involved, evidence can be mishandled.  An experienced and diligent criminal defense attorney will scrutinize all of the evidence involved.

If you or someone that you know is facing criminal charges it is vital that you retain an experienced criminal defense attorney without delay.  Attorney John Musca is an aggressive criminal defense lawyer who can make the difference between a prison sentence and a dismissed criminal charge.  Musca Law is on your side.
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August 17, 2009

Famed Bike Builder Billy Lane Charged With DUI Manslaughter

bikes.jpgCelebrity bike builder Billy Lane was charged with driving under the influence, manslaughter and driving with a suspended license after a highway accident in which Lane struck and killed a park ranger from Melbourne Beach, Florida.  Toxicology reports showed that Lane was twice the state's legal limit with a level of 0.192.

At the time of the accident Lane was driving on a suspended driver's license resulting from an earlier accident in North Carolina where he refused field sobriety tests including a breathalyzer

Lane was booked and released on $15,000 bond.  In a statement issued by Lanes PR Agency "we extend our sincere sympathy to Mr. Morelock's family."

DUI Manslaughter and driving with a suspended driver's license in conjunction with a death are second degree felonies. 

Lane had taken a plea deal, where the prosecutors dropped the DUI manslaughter charge with an agreement to cap the potential prison sentence at about 9 years. 

The judge ultimately ordered Lane to 6 years in prison with three year's probation and his driver's license suspended for life.

At times it can be possible to challenge the results from a breathalyzer test to include blood tests in a DUI case.  If the test is not conducted properly the BAC can rise between the time of arrest and the time the test was conducted.

It is important to contact a defense lawyer in the event that you are not only facing a DUI arrest but that your BAC is of .08 or higher.  At Musca Law we can provide you with a defense lawyer that who understands the scientific principles of chemical testing.

If you have been arrested for DUI, and refused the breathalyzer and field sobriety tests you have 10 days to make a request for a special hearing with the Florida Department of Highway Safety and Motor Vehicles.  If you fail to request a hearing within the time frame allowed will result in a six month suspension of your driver's license.

A DUI arrest holds serious consequences which can include jail time, hefty fines and a driver's license suspension.  Place your case in the hands of a competent legal professional Attorney John Musca can aggressively help you to reach the best possible outcome.
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August 14, 2009

Orange County: Kidnapping Of Teen Forced Into Prostitution

prostitute_unp0512_468x312.jpgTimothy Smith and his wife Aleisha kidnapped a 15 year old female from a bus stop in Orange County.  While waiting for the bus a van driven by Timothy Smith pulled up to the bus stop where he ordered the girl into the van at gunpoint.  From that point onwards, the girl was held captive and forced to have sex with dozens of men.

Shortly after according to police reports, Timothy Smith was arrested on other charges and placed in jail.  During Timothy Smiths absence Aleisha Smith maintained control by forcing the girl at knife point to have sex with a man in lieu of cash payment for rent. 

In the course of a year, the girl was trafficked and sold as a sex slave, where she was held captive and pimped out for money. 

Subsequently a year later, the mother of the girl received a tip on where her daughter was being held captive.

No bond has been set for Aleisha Smith.

In the past six years the US Government has embarked on a clampdown on people who force minors into prostitution, children who are kidnapped, trafficked and held as virtual prisoners.  Human trafficking of minors into prostitution has become a major law enforcement priority. With the intent to convict pimps with hardened prison sentences within the criminal courts. 

According to the Department of Health and Human Services human trafficking is a 9 billion a year industry.  Approximately half of those trafficked are children.   Since the birth of the Innocence Lost National Initiative over 400 children have been recovered with lengthy sentences handed down to those convicted, including multiple 25 years to life sentences.

Florida prosecutors are determined when propagating a case against those charged with a sex crime.  Penalties related to sex crime conviction can vary, dependent upon the seriousness of the sex crime.  Convictions can range from a misdemeanor to a felony. Penalties can include lengthy prison sentences, immense fines, probation, community service, counseling and the loss of numerous legal rights.

As revolting as child trafficking is, those charged are entitled to a rigorous criminal defense.  Musca Law provides its clients with a strategic and aggressive defense.   If you have been charged with a sex crime do not hesitate relative to contacting an attorney that will work diligently to ensure that your rights are protected.

 

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August 13, 2009

Florida Considers Anti-Texting Law for Drivers

texting.jpgFlorida State legislators are considering banning the use of texting while driving. Eleven bills have been sponsored by both Republicans and Democrats for approval within national government to prohibit the act of texting behind the wheel. Each bill has its differences and may vary between bans of all individuals or exclusively to minors texting behind the wheel. States may impose fines ranging from $30 for first timers to $500 for repeat offenders.

Heather's Law is a bill that originated in Polk County and is named after Heather Hurd. Hurd was a victim killed in an eight car pile-up caused by a texting semi-truck driver on Interstate 4. In 2008, distracted drivers killed 15 people and injured an additional 1,400. Numerous hearings have been held on the matter, but Florida is one of only 36 states not possessing some form of anti-texting statute.

 

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August 13, 2009

Florida Drug Crimes: Tougher Laws and Penalties for Pot Growers

newpotma_1.jpgAs the State of Florida has made clear, drug policies, both in the State of Florida and across the nation have virtually been an absolute failure.  Millions of dollars have been exhausted through law enforcement, prosecutions and judicial excess.

State law now brings formidable penalties for marijuana growers.  The Marijuana Grow House Eradication Act permits prosecutors and law enforcement agents the essential tools to battle those that grow marijuana for profit. With the current law in place any building owned with the intent of cultivating the distribution of marijuana is a third degree felony.  If 25 or more plants are grown it is a second degree felony, a first degree felony when children are present.  Thus, making the penalties for pot growers almost as tough as those charged with the possession of cocaine;  it is a third degree felony for the possession of 28 grams of cocaine, a second degree felony for the sale of cocaine and a first degree felony for cocaine trafficking of 150 kilo grams or more.

Legislator's and law enforcement officials, claim that marijuana grow houses simulate unrelenting liabilities to the community, endanger children and promote environmental hazards, through violence and gun activity. Not including a surge in violent crimes such as burglaries and home invasions.

However the National Drug Intelligence Center, Florida Drug Threat Assessment stated that although marijuana is widely available and frequently used "the level of violence directly attributed to marijuana distribution in Florida is low."  Violence associated with marijuana is mainly used as a deterrent in regards to gaining access to areas of cultivation. 

In central Florida wholesale distribution, midlevel distribution and retail distribution of marijuana alone rated in the Asian/Vietnamese communities only.  Wholesale distribution, midlevel distribution and retail distribution along with other drugs to include cocaine, heroin and methamphetamine were high in all other communities.  The question posed is marijuana a danger as a singular or a danger combined with other more costly drugs.

According to a 2007 analysis done by the Florida Medical Examiners Commission, the rate of deaths by prescription drugs were three times the rate of deaths that were caused by all illicit drugs combined.  989 deaths were caused by cocaine heroin and methamphetamines, prescription drugs Valium and Xanax alone were responsible for 743 deaths, 843 for cocaine and none for marijuana.

Cocaine, crack cocaine, heroin, methamphetamines are a direct threat throughout Florida with cocaine being readily available through various criminal groups.  Miami has more emergency department instances affiliated with cocaine abuse than any other illicit drug.  Violent crimes are customarily associated with cocaine, specifically in low income inner city communities.  Dealers in an attempt to protect their domain often commit violent crimes from assault to homicide.  They form criminal gangs that deal cocaine while often engaging in drive by shootings and home invasions.

We are all too aware that we should not tolerate drugs however we should care about the substantial public finances and judicial resources that simply do not work.   Not to mention that Florida already has the third largest prison population in the Nation primarily due to mandatory minimum drug sentencing laws.  There are pro's and con's to mandatory sentencing.  Mandatory sentencing is a way to deter drug related crimes by extending the time that the person convicted is incarcerated.  Opposition to mandatory sentencing would be that the judicial process is under restraint not allowing for latitude when prosecuting and sentencing those individuals.  Furthering, does a longer sentence benefit the war on drugs financially where it could be spent on added programs devised to fight drug abuse. 

If you have been arrested and charged with a drug offense in Florida, it is acutely important that you contact a qualified criminal defense attorney.  John Musca can vigorously secure all possible defenses that are available.

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August 12, 2009

Zephyrhills Man Arrested After Attacking a Senior Citizen in Church

elderly.jpg 

Police arrested a Zephyrhills man after punching a senior citizen in the face. The defendant, 59-year old Dale Helmuth, struck the victim inside the Community Chapel Church of God. The Zephyrhills police have not reported any possible motive for the attack. The pastor of the church did acknowledge that the victim is a church worker.

The police located the suspect inside the Zephyrhills library and arrested him on charges of battery on a person aged 65 or older. Helmuth has allegedly confessed to Police that he did knock the glasses off of the victim's face. The defendant has not made the $5,000 bond and currently remains incarcerated inside the Land O'Lakes jail.

 

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August 7, 2009

Englewood Nurse Accused of Stealing from Dementia Patient

money.jpgA home nursing attendant in Englewood, Florida, is facing criminal charges for allegedly stealing from her 96-year old patient. The suspect, 54-year old Redempta La Bracco, has been arrested on charges of grand theft, exploitation of the elderly and forging a check. The police caught the defendant red handed on bank surveillance video cashing the $3,000 forged check from the victim's account. La Bracco also allegedly returned gold jewelry from the victim's safety deposit box. A bank teller previously denied a separate $1,700 check after the signature failed to match the one on file.

Police believe that the defendant used the victim's medical condition for financial gain. The victim, 96-year old Anthony Dileonardo, suffers from dementia. La Bracco had been employed with NurseCore, a home health agency. She was fired after accusations of foul play came to light. Officers believe La Bracco intentionally took advantage of the victim's medical condition to benefit her.

 

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August 6, 2009

Attorney John Musca Comments on Arrest of Deputy Sheriff and Domestic Assault

domestic_violence.jpgORANGE COUNTY- Deputy Sheriff Steven Smith, 30, was taken into custody and charged with Domestic Assault after a 911 call from a minor child in the home.  The child reported that she ran into the kitchen to grab the phone and while passing by she saw "my daddy holding my mommy down on the bed and he was going to hit her."  Smith then proceeded to grab the phone from the child, "after he hung the phone up, he told her mommy that she was going to jail", as noted in the arresting officers report.

Smith who is assigned to the narcotics unit has been relieved of duty with pay, while placed in an administrative position pending the outcome of an internal and criminal investigation.

Police Officers are not impervious to criminal acts.  Informal studies show that domestic assault amidst law enforcement is about 40% as opposed to the general population which is roughly about 8-10%.  Double the rate of domestic assault relative to those engaged in other professions.

Although, domestic assault in any form cannot be excused, no other profession places curtailment limits on its associates as they do in the law enforcement field. However, police officers that abuse differ from other abusers in the respect that they are not only tougher but they are more dangerous.  They are tougher and more dangerous by way of training, badge and weapon, not to mention an entire police force to back them up.  One of their strongest weapons in not the gun in their holster, but their ability to intimidate, close off and terrorize their victim. 

In recent studies police departments are failing in accountability relative to how allegations are managed against officers.  Casting a double standard where an officer is not immediately arrested but is put on other duties such as administration while an investigation is pending.  Civilians, facing the same allegations would be immediately arrested and are routinely jailed.  Officers remain uploaded, where departmental authority does not remove the officer's weapon during the investigation.  Most importantly the lack of specific policies set in place where the department is legally bound to manage officers that are implicated in a domestic assault complaint.

Although, domestic assault has numerous definitions, Florida Statute 741.28 defines domestic assault as "any assault, battery, sexual assault, or any criminal offense resulting in physical injury, death of one family or household member by another who is or was residing in the same single dwelling unit." In addition, Florida Statute 741.2901 (2) states "It is the intent of the Legislature that domestic violence be treated as a criminal act rather than a private matter."  

As soon as you or someone that you know is accused or charged with domestic assault, it cannot be emphasized enough that you would need to contact an experienced criminal defense attorney.  When immediately retaining a reputable and committed criminal defense attorney like John Musca, your rights are unhesitatingly protected.   Musca Law will meticulously examine all of the facts, evidence and circumstances that encompass your case so that the best argument can be prepared for the reduction or dismissal of charges.

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August 4, 2009

Seventh Person Arrested in Connection to Drug Charges Against Panama City Surgeon

doctor.gifA seventh individual has been charged in connection to the Dr. Michael Reed criminal case. Dr. Reed, a prominent Panama City surgeon has been accused of conspiracy to possess and distribute cocaine. Six other men have also been charged in connection to the crime. Most recently a seventh individual, 35-year old Amy Cooper has been charged with using a telephone to facilitate a drug trafficking offense. Cooper also happens to be Dr. Reed's girlfriend.

A criminal investigation took place between 2006 and May 27 of this year. The last day of the investigation is coincidentally the same day Cooper allegedly made the telephone call in question. Reports state that Reed and Cooper booked a cruise to Belize to meet co-conspirators and obtain large quantities of cocaine. Allegedly Reed had $30,000 worth of cocaine delivered to him in February. In May, Dr. Reed was awaiting a second delivery of cocaine at his home when authorities took him into custody.

Rumors have circulated that Cooper has become an informant for federal agents in an effort to convict Reed. This is a rumor that her attorney vigorously denies. Her attorney also states that Cooper has not yet accepted any sort of government plea deal. The trial has been set for October.

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August 2, 2009

Florida Attorney Discusses Henry Gates' Arrest & Florida Disorderly Conduct Law

gates-arrest.jpgA nationwide debate has risen from the arrest of a Massachusetts Harvard professor, Henry Gates, who faced charges of disorderly conduct. The case started with a neighbor contacting Police after she witnessed two unidentified men trying to break into Gates' home. Gates refused to respond to the officer's request to step outside of his home and answer questions about a possible burglary. A crowd started to form and Gates allegedly insulted the officer, James Crowley. Gates was placed under arrest for disorderly conduct.

Allegations started swirling of the Cambridge police using racial profiling as a means to take Gates into custody. President Obama took the Defendant's side and publicly criticized the Cambridge police department. After 911 tapes were released and the details of the case became public, the president retracted his prior statement and all but apologized for his remarks on the case.

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August 1, 2009

Florida Drug Attorney Discuss Marijuana Grow Houses

potleavespots.gifThis week the State of Florida has been named the U.S. leader for indoor marijuana production. Indoor growers are successful by the popular innovation of a hydroponic system; which uses little soil, powerful lighting and special chemicals. Florida authorities have discovered over 1,000 marijuana grow houses just last year alone. This is quite a jump from the 480 grow houses ceased in the year 2006.

Business is big and so are the plants. Scientists state that the hydroponic marijuana of today is more potent and powerful than that used in the 1970's. Marijuana now contains an average of 25% THC compared to 7% thirty years ago. The illegal plants constant exposure to special lighting and growth chemicals cause these plants to skyrocket in growth and THC levels to spike. THC is the primary intoxicant found in cannabis and gives its users the "high". With levels on the rise, individuals who smoke this hydroponic grown marijuana could experience paranoia, euphoria and/or hallucinations.

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