Florida Criminal Attorneys Blog

Police Lieutenant Ralph Shrader served a jail sentence and now faces disciplinary action following his conviction on misdemeanor stalking charges.  A jury found Shrader guilty of stalking his now ex-wife Lisa Shrader.  The judge withheld adjudication, a formal finding of guilt despite requests from the prosecutors.  "He should not be a law enforcement officer anymore," said Assistant State Attorney Hope Pattey.  The judge sentenced Shrader to 30 days in jail and 11 months of probation.  During his incarceration, Shrader was suspended and was relieved of duty requiring him to turn in his badge, gun and other equipment.  However, Shrader was suspended with pay so he continues to receive his salary of $86,000 per year.

The police recently completed an internal investigation based on a complaint filed by lawyer Mark McCann who is involved in a relationship with Lisa Shrader.  The internal investigation concluded that Shrader violated the department's general orders on several grounds based on his criminal conviction for stalking.  The investigator has also re-opened a prior investigation related to prior allegations of stalking by Shrader.  The investigator indicated that the investigation of the prior stalking allegations was conducted by someone who was a friend of Shrader and that the file appeared to be missing such items as witness statements and other evidence that should have appeared in the case file.

Under Florida stalking law, a prosecutor must prove the accused repeatedly, willfully and maliciously harassed the victim explained Florida stalking defense lawyer John Musca.  "Harassing conduct is basically behavior that is directed toward the victim which causes substantial emotional distress and has no legitimate purpose," said Musca.  "Certain types of conduct constitute aggravated stalking with more severe penalties," said Musca.  "Basically, this amounts to threats of bodily harm that result in a reasonable fear of bodily injury by the victim, his or her child, parent or spouse." 

When your freedom, your reputation, and your permanent criminal records are at stake, you want Musca Law on your side.  They can handle the defense of all aggravated stalking crimes, State or Federal.  If you have been charged with a stalking crime, contact Musca Law to schedule a free confidential consultation with an experienced Florida Criminal Defense Lawyer.

 

 

 

Police arrested a Florida man on felony drug and gun charges after intercepting a UPS package containing a 13 pound package of marijuana.  Gavin George Brown faces charges of possession of cannabis with intent to sell and carrying a firearm during the commission of a felony.  Police intercepted the package and arrested Brown after he picked up the package from an area residence.  Police say that Brown was unaware that the package had been intercepted and called to arrange to pick up the package.  The police were monitoring the transaction unbeknownst to Brown.  When Brown picked up the package of marijuana, the police confronted him.  According police reports, Brown also told police he was carrying a firearm for protection during the drug transaction.

Any person charged with intent to distribute drugs or carrying a firearm during the commission of a felony faces very tough potential punishment.  Florida drug attorney John Musca outlined the severe penalties that may be faced for such charges.  Possession of more that 20 grams of marijuana can result in a felony conviction with a maximum sentence of 5 years and a maximum $5000 fine.  Under Florida drug law, anyone who possesses a firearm during the commission of a felony may face a mandatory sentence of 10 years, which the judge may not suspend or reduce.

Florida drug trafficking charges are very serious and can result in both state and federal charges.  If a person is arrested for drug trafficking, a Florida drug lawyer can help protect one's rights.  The lawyer can investigate the prosecutor's case against you.  Depending on the facts of the case, a Florida drug attorney can also file a motion to have charges dismissed or to have certain evidence excluded if it was obtained illegally.  A qualified Florida criminal lawyer will also be able to explain all of the possible defenses available in your case.  A Florida drug attorney will ultimately help you negotiate the best possible plea-bargain or represent you zealously in trial if the case cannot be resolved prior to trial.

For further information about Florida Criminal Defense Lawyer John Musca visit www.muscalaw.com, where you can review the firm's current case list along with their previous successes and obtain legal information.  Musca Law is a full service Florida criminal defense firm servicing clients throughout the state of Florida.

If you are arrested by the police under Florida law, you are protected by certain rights including the rights to receive a Miranda warning which includes advisements of your right against self-incrimination and the right to be represented by an attorney.  Two recent Supreme Court Cases, including a Florida case, have dealt a major blow to these rights.  The two Supreme Court Decisions are Maryland v. Shatzer and Florida v. Powell.  According to Florida Criminal Defense Lawyer John Musca, the impact of these cases make it more important than ever that you immediately seek the advice of a Florida criminal lawyer and know your rights if you are arrested for a violation of Florida law.

 

 

The U.S. Supreme Court has ruled that a confession or other incriminating statements are admissible even after you have invoked your Fifth Amendment Right to Remain Silent or Sixth Amendment Right to a Lawyer where questioning is re-initiated after a 14 day period of time.  The court ruled in Florida v. Powell that re-wording the Miranda warning to omit the right to an attorney and to have him present during questioning was not a constitutional violation.

Citizens often hurt their case by making ill-advised statements because they do not have legal counsel or are afraid to refuse to answer the officer's questions, said Musca.  "If you are accused of a crime, do not speak to the police.  It is highly unlikely you will help your case by speaking to the officer during an interrogation," explains Musca.  "On the other hand, it is very common that people make their situation much worse by trying to handle interrogations without the assistance of a criminal attorney."

Musca Law provides the highest quality criminal litigation services to the residents of Florida.  Our criminal defense attorneys have successfully tried, defended, and appealed hundreds of cases in both State and Federal courts throughout Florida.  These cases, misdemeanor cases, DUI, drug crimes, federal crimes, domestic violence, theft crimes, sex crimes, probation violations, white collar crimes, violent crimes, and motor vehicle offenses.

A student at South Dade Senior High School has been arrested and stands accused of felony assault under the Florida Criminal Code.  A cell phone video shows a 16-year-old girl brutally beating Jertearia Walker.  Walker's mother is questioning the apparent lack of security presence, which allowed the beating to continue for five minutes.  A 24-second cell phone video shows the teenager beating Walker as other students watched and cheered.  "They were rolling around the floor and stuff, and security didn't come for five minutes," said a student who witnessed the attack.

Walker's mother met with the school's principal to discuss why there were no adults or security to intervene and protect her daughter.  She was not satisfied by the answers she received.  "We have 3,360 students at the school and only 11 security, so I asked the principal, at that time, where was your security.  And she doesn't know," said Walker's mom.
The school system's superintendent, Alberto Carvalho, said, "[W]e are venturing towards a quasi-legal determination of aggravated battery versus a simple fight."  He distinguished the attack from a typical fight on campus where both parties face consequences because this was a "unilateral" attack where one party was obviously "the aggressor." Carvalho indicated one of the students was obviously the aggressor and the other a victim.  Records show that the attack also was caught on school surveillance video.  Felony assault charges have been filed.

Assault and other forms of violence are a significant problem on Miami area school campuses.  School records show 28 assault or battery incidents on the South Dade Campus.  "My numbers are accurate," said Chief Charlie Hurley of Miami-Dade Schools Police.  "It enables us to be able to decide strategically where to place our officers.  How we assign our cops is one function of the data." 

Florida criminal defense attorney John Musca commented that he has seen more and more cases involving students in middle school or high school facing charges including assault, battery and weapons charges.  These are very serious charges that can have long-term negative consequences for these young people.  A skilled criminal defense attorney can help teenagers facing such charges mitigate the long-term impact on their lives.

If you have been arrested and charged with a crime in Florida, contact an experienced Florida criminal defense lawyer, for help with your case.  The Florida criminal defense team at Musca Law represents their clients with the most aggressive representation possible.  Contact Musca Law for a free comprehensive consultation today.

Police were still looking for career criminal John Lattimore when he and his girlfriend were gunned down in Fort Pierce.  Lattimore, a Miami native, was found executed behind an abandoned house outside Fort Pierce.  Lattimore's body was riddled with bullet holes.  The body of Lattimore's girlfriend, Sharpkina Yolanda Woods, was discovered lying dead next to Lattimore.  Children playing near an abandoned home outside Fort Pierce discovered the bodies.

Lattimore was considered a prime suspect in a February 8 shooting near Northwestern High School of Erick Johnson.  Miami police had issued an arrest warrant for him.  Lattimore allegedly pulled out a chrome-plated handgun and shot Johnson in front of a grocery store.  Lattimore fled the scene on a purple bike, which he abandoned outside a house near NW 14th Place and 71st Street.  He reportedly sped away from that location in a green Ford F150 pickup.  

Lattimore has a criminal record that stretches to 8 pages including counts for cocaine possession, battery, assault, carrying a concealed weapon, burglary and stalking.  Lattimore had also previously been charged with first-degree murder, but the charges were later dropped.

Police believe that Lattimore and Woods were shot in a green 2004 Ford Expedition that belonged to Woods mother.  The vehicle was discovered abandoned across town the morning the dead couple were discovered.  An autopsy of Woods showed she was one month pregnant.

This early in an investigation of this kind it is difficult to know what happened.  As the investigation continues, the authorities will likely release more facts about the case.  It is critical that if someone is arrested in a case like this one that they do not say anything until they receive legal representation, said criminal attorney John Musca.

Musca Law provides experienced criminal defense attorneys who investigate exhaustively to build an effective case for their clients.  Whether you have been arrested for DUI, or any other criminal act, you need to hire a Florida Criminal Defense Attorney who will demand that the integrity and proficiency of the investigation that led to the arrest is beyond approach.

Jenna Maldonado, a rookie reserve officer with the Homestead police department, has been suspended pending investigation of an incident at a Super Bowl party in which it is alleged she pulled her department-issued service weapon and pointed it at a man, who is said to be her boyfriend.  Maldonado is the daughter of former Homestead mayor, Lynda Bell.

"It is an IA [Homestead Police Internal Affairs] investigation that is ongoing and she is on suspension from the Reserve Officer Program," Homestead Police Department Spokesman Captain Ed Bowe said.  "The Miami-Dade Police Department's Domestic Violence Division is conducting the criminal investigation, and will decide on any criminal charges, or referral to the State Attorney."  Several people at the party who witnessed the incidents have provided recorded statements.  Little information was being released because the investigation was still ongoing.  

Bowe said that because the investigation is pending the department could not comment or release specifics on the case.  Defense attorney John Musca commenting on the case said, "The investigation is in its very early stages.  Little information is likely to be released until the investigation is further along."

Homestead's Reserve Officer Program employs those who successfully graduate from the police academy and allows them to work part-time hours to obtain on-the-job experience.  Reserve Officers are paid only $1 per year and do not receive benefits.  Reserve officers are included in a pool of eligible applicants when permanent positions on the force become available.

Sources say the incident took place at a Super Bowl party in the unincorporated Redlands area of Miami-Dade County.  Maldonado and her boyfriend got into a heated argument.  As the argument escalated, Maldonado allegedly pulled her service weapon and threatened her boyfriend with the gun.  Over a dozen people witnessed the incident but it was not reported until the next day when the boyfriend reported the incident to the Homestead Police Department.

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