Florida Criminal Attorneys Blog

A man was arrested by a Tampa, Florida fugitive task force for murder in connection with a cold case dating back to 1995.  Authorities are expected to charge John Earl Cantey with first-degree murder according to the Tampa Police Department.  John Earl Cantey was arrested after new DNA evidence was processed.  Cantey was arrested on Tuesday, but the arrest was anticipated after Tampa police previously contacted Cantey to inform him that they were planning to arrest him based on the DNA results.

At the time of the original crime, Marsha Norris's body was discovered in an alley.  Laboratory testing conducted in 2007 tied Cantey to the murder scene and Norris according to Tampa police.  Norris was arrested by Tampa police after being interviewed by police and providing new DNA samples, which confirmed the evidence discovered in 2007.  Tampa police also indicated that Cantey made incriminating statements that also played a role in his arrest.  "We had been doing surveillance on him for sometime until the evidence came back that he was the one who committed the crime," said Tampa police spokesman Andrea Davis.

Several law enforcement agencies, prosecutors' offices, and crime labs across the country have established innovative programs to review old cases.  Commonly called "cold case units," these programs have enabled law enforcement officials to arrest suspects many years after the original crime. Most frequently, DNA evidence has been the key in solving these cases. Under these programs, the National Institute of Justice has funded states and units of local government to identify, review, and investigate "violent crime cold cases" that have the potential to be solved using DNA analysis and to locate and analyze biological evidence associated with these cases.

Some attorneys are not very experienced in using DNA effectively in a case. They assume that apparently incriminating DNA evidence is valid and fail to challenge the test findings.  Experienced Florida criminal defense lawyers know that DNA evidence is not always accurate. The DNA sample may be contaminated by the police or in the lab.

A qualified Florida criminal defense lawyer will carefully investigate chain of custody, lab notes, computer printouts, testing reports and other documents to determine if the DNA evidence is reliable or if a motion to suppress needs to be filed," said Florida criminal defense Attorney John Musca. "In some cases, the charges against the defendant will be dropped and the case dismissed, if the DNA evidence is successfully challenged."

If you or a loved one has been charges with a DUI or other criminal offense, contact a reputable attorney for help with your case today.  It is understood that poor choices can lead to serious criminal consequences. A Florida criminal defense attorney will advise you of your rights guide you through the complex court system and provide you with the help that you need during this difficult time.

A man with previous convictions on a number of charges including drug charges, DUI and assault is being accused of beating his girlfriend, throwing her out of a car and then running her over.  Epifanio Roman allegedly forced his girlfriend Michelle Frederick from the vehicle before putting the vehicle in reverse and running over Frederick's leg.  After Roman ran over Frederick, he beat her again and forced her back into the vehicle.  Roman drove to the apartment that he shares with Frederick and allegedly beat her yet again.

According to reports, Roman has a fairly lengthy criminal history including convictions for cocaine trafficking, criminal mischief, DUI and assault on an officer.  According to deputies and those who witnessed the incident, the confrontation between Roman and Frederick began when Roman forced Frederick into the vehicle following an argument.  Frederick reportedly was screaming at Roman as he forced her into the vehicle.

This incident represents a fairly extreme incident of domestic violence.  Florida courts take domestic violence seriously so even a first offense that causes bodily harm to the victim will result in mandatory jail time explained Florida criminal defense attorney John Musca.  "In an extreme case like this one, the defendant may face a lengthy term in state prison," said Musca.  "While it is not clear what Roman is being charged with at this time, charges may include assault with a deadly weapon, domestic violence felony battery and a litany of other charges," said Musca. 

Musca also indicated that the man's situation is compounded because he has prior felony convictions.  The man may even be in jeopardy under Florida's three strikes law.  Florida has enacted strict laws aimed at punishing so-called "career criminals" by imposing mandatory minimum sentences.  Most notable of these laws is the three strikes law that requires a judge to impose terms ranging from five years to life in prison based on the severity of the crime.  Roman may be charged with second-degree domestic battery, which is a second-degree felony.  A second-degree felony under the three strikes law would mean a mandatory minimum sentence of 15 years.  Because Roman may face other charges, he is potentially facing a very long prison sentence.

For further information about Florida Criminal Defense Lawyer John Musca, visit www.muscalaw.com, where you 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.

A Florida man has been charged with murdering his pregnant girlfriend.  Some have argued that the law needs to be changed so that the man can also be charged with the death of the unborn fetus.  Larry Reed has been charged with second-degree murder in the killing of his girlfriend Anastasia Boyd who was four months pregnant at the time of the shooting.  Police indicate that Reed confessed to shooting his girlfriend after being read his Miranda rights.  Reed made his first appearance on Thursday and was denied bond.

People familiar with the couple were split on whether there where indications that this type of violence was predictable based on the couple's interactions.  Boyd's mother indicated she did not like Reed and did not want her daughter dating him.  She also conceded that her daughter continued to date Reed over her objections. 

Those who knew Reed claimed he was trying to improve himself by attending an alternative school in an attempt to get his GED.  Friends of the couple also suggested there were no indications of trouble with the couple.  However, there was some question about whether Reed was the father of Boyd's baby.  Another friend of the couple said, "He's nice.  He gets along with everyone.  He doesn't start drama.  He's nice and kind.  I don't see him doing something like this."

Prosecutors did not charge Reed with the death of the fetus because Boyd was only four months pregnant at the time of the incident.  Under current Florida criminal law, a person cannot be charged with the death of a fetus unless the fetus could have survived on its own outside the womb.  Senator Mike Fasano from New Port Richey would like to see the law changed.  He recently introduced legislation that would make it a crime to cause the death of a fetus at any stage of a pregnancy.  "We want to make it very clear that the fetus is an unborn child and if that life is taken because of a criminal offense against the mother at the same time, then that unborn child would be considered murdered as well and that person would be charged for that crime," said Senator Fasano.

Florida Criminal Attorney John Musca commented that this could be a major change in the law and potentially raise lots of new issues.  If a fetus is considered a person for purposes of criminal law at all stages of a pregnancy, then it might mean crimes against a pregnant woman would generally involve a second victim and additional charges.  The question that must also be asked is what if the person has no reason to know the victim is pregnant.  These are questions that may need to be addressed if the fetus is defined as a person for criminal law purposes, said Musca.

Musca Law Firm had over 100 years of combined legal experience with convenient offices located across the State of Florida.  Our Florida criminal defense team will aggressively defend your rights on the State and Federal level.  The prosecution is looking to punish you to the fullest extent of the law.  You need a knowledgeable attorney that will watch out for you.  Contact Musca Law for a free, comprehensive review of your case.

A Tampa man was convicted in connection with a $53 million Ponzi scam just two years after being released from state prison for a prior conviction in a Ponzi scheme.  Michael Greenberg built a $53 million  Ponzi scheme based on investments from his parents and father-in-law and fraudulently obtained loans.  Greenberg has been charged with wire fraud for the scheme in which he defrauded more than 30 investors of  $15 million.  He also is alleged to have stolen his parents' identities to obtain loans from various financial institutions in large sums that he had no intention of repaying.

Greenberg's late grandfather founded Starkey Road Auto Parts and amassed a family fortune.  Greenberg's scheme involved incorporating an automobile business, Pure Class, in 1998.  Greenberg used a proxy to obtain his auto dealer's license so he could avoid be disqualified for his prior criminal conviction.  Greenberg allegedly made false representations to secure funds from people, businesses and banks.  He maintained the deception by paying "dividends" to earlier investors from new investments and loans.

Greenberg also used his parents' identities and their commercial real estate holdings as the basis to secure a loan by forging their signatures and falsifying tax returns in their names.  Goldberg allegedly used his parents' identities to defraud two separate financial institutions of $7.5 million.  According to authorities, Greenberg also used his wife's identity to secure a $1.5 million loan guaranteed by the U.S. Small Business Administration.  His father-in-law also invested $1.3 million in Goldberg's bogus company.

Greenberg was previously sentenced to 3 years and 10 months for wire fraud and money laundering in a similar scheme.  Wire fraud is a federal crime, which involves the use of the internet, email, television, telephone lines or fax machines to carry out fraudulent activity, explained Florida white collar crime lawyer John Musca.  Wire fraud constitutes a federal crime because it involves wire communications across state lines.  "Anyone under investigation in Florida for wire fraud needs to seek immediate legal counsel," said Musca.  "Depending on the circumstances, a conviction for wire fraud can result in a sentence of up to 30 years in federal prison and up to a million dollars in fines."

Musca Law has over 100 years of combined legal experience with convenient offices located across the State of Florida.  Our Florida criminal defense team will aggressively defend your rights on the State and Federal level.  The prosecution is looking to punish you to the fullest extent of the law.  You need a knowledgeable attorney to watch out for you.  Contact the criminal lawyers at Musca Law for a free, comprehensive review of your case.

A man who was originally sentenced to the death penalty for killing one detective and shooting another during a 1981 drug raid has been ordered by a Tampa judge to take psychotropic medicines so he can remain competent for resentencing.  Carlos Bello was originally convicted and sentenced to the death penalty, but the sentence was overturned on appeal because the Florida Supreme Court ruled that Bello should not have been shackled during sentencing.  Since the sentence was overturned, Bello as been ruled incompetent about a dozen times preventing resentencing.

The Florida judge ruled that Bello is to be forced to take psychotropic drugs to permit sentencing to proceed.  However, the ruling is conditioned on details about the type and quantity of medications that will be necessary to keep Bello competent.  "I do not want this to be overly broad, where we're giving him everything but the kitchen sink in order to maintain his competence," said Circuit Judge Ronald Ficarrotta.

Bello was originally convicted for the killing of Detective Gerald Rauft and shooting of Detective Robert Uriksen when they carried out a drug raid of Bello's home.  Following Bello's conviction, a psychiatrist testified that Bello showed signs of paranoid and catatonic schizophrenia and that Bello was mentally ill when he killed Rauft.  Bello has been confined to mental institutions since the finding that he was incompetent.  However, a clinical psychologist has since testified that Bello would be competent if given psychotropic drugs.

Florida criminal lawyer John Musca explained that almost all crimes require the state to prove that a defendant has the requisite mental state and the capacity to form that mental state.  Moreover, the defendant must be competent to stand trial and assist in his own defense.  Many person's accused of crimes have diagnosable mental illnesses, mental retardation or other mental deficiencies that may form the basis of a defense to the charges either because the defendant is incapable of forming the requisite mental state to commit the crime or to assist in his own defense, explained Musca.  It is important to obtain a qualified Florida criminal defense attorney if someone with a mental disability is accused of a crime.  The Forida criminal defense lawyer can assure that the court is aware of the person's mental disability and that his or her rights are protected and the appropriate defenses are asserted.

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.

An arrest has been made in the execution style homicide of retired Miami Police captain Robert Yee.  A person was arrested in New Jersey in connection with the homicide, and there is a sealed indictment in the case.  Yee retired after 25 distinguished years on the police force.  He had been working as a security officer at a boatyard on the Miami River when he was shot in the back of the head execution style.  Yee had been riding in a golf cart patrolling Hurricane Cove Marina at the time of his shooting. 

Shortly after the incident, police issued a bulletin for a short balding caucasian with a goatee driving a silver late-model Toyota Corolla.  The police released a sketch and a video was posted on YouTube to generate leads.  While the crime remained a mystery for some time, there was speculation that Yee was killed because he assisted federal agents in exposing drug trafficking and immigration smuggling.

Yee's career was widely lauded by both law enforcement and the public.  Yee decided to become a police officer after a police officer saved his daughter's life.  A police officer rushed Yee's daughter to the hospital driving against one-way traffic after she had an allergic reaction to penicillin.  A few years after Yee became a police officer he was involved in a shootout at a Burger King where he was shot.  When he arrived at the scene, two employees were tied up with an armed robbery in progress.  He was able to free the employees, foil the robbery and shot the suspect. Yee was promoted through the department eventually becoming captain.  "He was a good officer and a good servant of his community," commented Miami City Commissioner Angel Gonzalez.  "He was a very polite person, very friendly."

A person arrested and charged with homicide faces very dire consequences under Florida homicide law.  The consequences of a murder conviction can include a sentence of life imprisonment without the possibility of parole or the death penalty.  There are several different degrees of murder, which have different levels of severity.  Homicide cases can also be a type of manslaughter.  Manslaughter basically involves a homicide without intent such as vehicular manslaughter where a drunk driver causes an accident resulting in someone's death.  The life of a person accused of homicide hangs in the balance.  A qualified criminal defense lawyer is absolutely necessary when charged with a homicide under Florida criminal law.

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