Criminal Defense: May 2010 Archives

May 10, 2010

Prosecutors Preparing to Announce Whether Charges Will Be Filed Against Two Steelers

The Pittsburgh Steelers have had a tumultuous offseason with their quarterback Ben Roethlisberger and leading receiver Santonio Holmes both facing potential criminal charges.  A report has been leaked indicating that Roethlisberger will not be charged in connection with an alleged sexual assault of a woman in a Georgia nightclub in early March.  A decision is still pending on whether to charge Santonio Holmes for an alleged assault in which he purportedly threw a glass at a woman in an Orlando nightclub.

The current incident was particularly troubling for Roethlisberger and those close to him because it was the second time he has faced allegations of sexual assault in less than a year.  The case involving the Georgia woman arose as Roethlisberger faced a civil case filed last July by a woman who claims he raped her at a Lake Tahoe hotel and casino.  Roethlisberger has not been criminally charged in either case and has claimed counter-damages in the lawsuit involving the Lake Tahoe incident.

According to allegations in the Orlando nightclub incident, the woman allegedly was seen going into the bathroom of the club but later contacted police and claimed that she had been sexually assaulted.  While there had been no clear indication, there were certain aspects of the investigation that suggested Roethlisberger might not be charged including the woman missing police interviews and the fact that Roethlisberger was not interviewed nor was DNA evidence requested from Roethlisberger.  An official announcement on whether Roethlisberger will be charged is expected any day.

If the district attorney does announce that it will not be filing charges against Roethlisberger, then the Steelers will still await a determination on whether charges will be filed against Holmes.  Holmes attorney recently made a statement indicating he had forwarded evidence to the Orlando Police that would exonerate Holmes of the allegations.  The woman, who claims that she was cut above the eye when Holmes threw a glass, previously indicated she did not wish to proceed before contacting the police and indicating that she wanted the case reopened.  Like the woman in Roethlisberger's Lake Tahoe case, Holmes accuser has filed a civil case.

Orlando criminal lawyer John Musca points out that the allegations of sexual assault are very serious and have an impact on ones reputation even beyond the potential criminal penalties.  "A qualified criminal lawyer can help expose sexual assault allegations that are not true so that one avoids a prosecution that is without merit and the accompanying damage to ones reputation," said Musca.  "Sometimes if a criminal defense lawyer is hired promptly, the lawyer may be able to convince the district attorney not to file charges."

For further information about Florida criminal defense lawyer John Musca visit 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.

 

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May 7, 2010

Florida Criminal Defense Attorney on Prosecutors Preparing to Announce Whether Charges Will Be Filed Against Two Steelers

The Pittsburgh Steelers have had a tumultuous offseason with their quarterback Ben Roethlisberger and leading receiver Santonio Holmes both facing potential criminal charges.  A report has been leaked indicating that Roethlisberger will not be charged in connection with an alleged sexual assault of a woman in a Georgia nightclub in early March.  A decision is still pending on whether to charge Santonio Holmes for an alleged assault in which he purportedly threw a glass at a woman in an Orlando nightclub.

The current incident was particularly troubling for Roethlisberger and those close to him because it was the second time he has faced allegations of sexual assault in less than a year.  The case involving the Georgia woman arose as Roethlisberger faced a civil case filed last July by a woman who claims he raped her at a Lake Tahoe hotel and casino.  Roethlisberger has not been criminally charged in either case and has claimed counter-damages in the lawsuit involving the Lake Tahoe incident.

According to allegations in the Orlando nightclub incident, the woman allegedly was seen going into the bathroom of the club but later contacted police and claimed that she had been sexually assaulted.  While there had been no clear indication, there were certain aspects of the investigation that suggested Roethlisberger might not be charged including the woman missing police interviews and the fact that Roethlisberger was not interviewed nor was DNA evidence requested from Roethlisberger.  An official announcement on whether Roethlisberger will be charged is expected any day.

If the district attorney does announce that it will not be filing charges against Roethlisberger, then the Steelers will still await a determination on whether charges will be filed against Holmes.  Holmes attorney recently made a statement indicating he had forwarded evidence to the Orlando Police that would exonerate Holmes of the allegations.  The woman, who claims that she was cut above the eye when Holmes threw a glass, previously indicated she did not wish to proceed before contacting the police and indicating that she wanted the case reopened.  Like the woman in Roethlisberger's Lake Tahoe case, Holmes accuser has filed a civil case.

Orlando criminal attorney John Musca points out that allegations of sexual assault are very serious and have an impact on ones reputation even beyond the potential criminal penalties.  "A qualified criminal lawyer can help expose sexual assault allegations that are not true so that one avoids a prosecution that is without merit and the accompanying damage to ones reputation," said Musca.  "Sometimes if a criminal defense lawyer is hired promptly, the lawyer may be able to convince the district attorney not to file charges."

For further information about Florida Criminal Defense Lawyer John Musca, visit http://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.

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May 4, 2010

Florida Criminal Defense Attorney Musca Comments on Man Arrested for Shooting Dog

Ever since the Michael Vick dog fighting ring dominated the news, crimes committed against animals particularly dogs have received a lot of coverage in the media.  In a recent incident, a Tampa area man (Clearwater) is accused of shooting and killing his 9-year-old Chow dog.  The police were summoned to the house of Yuriy Solovyev when neighbors called to report that they heard several gunshots.

When the police arrived at the scene, Solovyev was on the ground in his backyard with his dead Chow.  The police investigated and discovered that Solovyev had an argument with his wife.  His wife left the house following the fight.  According to reports, Solovyev became extremely intoxicated before firing his gun multiple times.  The police indicated that the dog had suffered several gunshot wounds and been killed.

Officers indicated that the incident could have been much worse as one bullet ricocheted off the backyard fence and crashed through a neighbor's window.  Although the bullet did not hit anyone, the report makes clear that someone in the neighbor's home could have been seriously injured or killed.  The police report suggests that when the police arrived Solovyev was apparently in the process of burying the Chow.  Solovyev appears to have passed out before he finished.

Solovyev was taken to the hospital for evaluation because of concerns regarding the high level of alcohol in his system.  Solovyev faces charges of animal cruelty and discharging a firearm in public.  He is being held at Pinellas County Jail in lieu of $5,150 bond.

Tampa criminal defense attorney John Musca points out this is an excellent example of a person who may benefit greatly from the services of an experienced criminal lawyer.  "Cruelty to animals where an animal is killed can be either a misdemeanor or felony under Florida criminal law depending on how it is charged and the circumstance of the case," said Musca.  Florida's animal cruelty law provides that someone who kills an animal in a cruel or inhumane manner may be charged with a first degree misdemeanor punishable by up to one year in state prison and/or a fine of up to $5000.

However, Florida criminal law also provides that a person may be charged with a third degree felony for animal cruelty if the person "intentionally commits an act to any animal which results in the cruel death" of the animal.  If a person is convicted under this provision, the person will receive a felony conviction and can be sentenced to up to five years in state prison and/or a fine of up to $10,000.  "An experienced criminal defense lawyer in this case may argue that Solovyev was too intoxicated to form the requisite intent to be convicted under the felony statute," said Musca.  "Given the drastic difference between misdemeanor or felony animal cruelty charges, Solovyev's lawyer will try to convince the prosecutor that the case is not strong enough to pursue a felony or get the case dismissed altogether."

Musca Law provides experienced criminal defense attorneys who investigate exhaustively to build an effective case for their clients.  Whether you 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 reproach.

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May 3, 2010

Florida Couple Charged with Stealing Medical Records for Personal Injury Cases

Ruben E. Rodriguez and Maria Victoria Suarez are under indictment for a second time for paying the employee of an ambulance company to provide information on patients transferred to hospital and medical clinics.  The couple has allegedly been involved in the scheme since 1995.  The couple faces two separate federal cases in which they are accused of selling medical records with patient contact and medical diagnosis information to personal injury lawyers.  The couple was paid hundreds of thousands of dollars by attorneys who settled the cases.

In the prior case against the couple which is still pending, Rodriguez admitted to paying JMH ultrasound technician Rebecca Garcia $1000 per month for the medical records of hundreds of patients with various injuries resulting from slip-and-fall accidents, car-crash injuries, gunshot wounds and stabbings.  Suarez was also an employee at JMH and helped set up the scheme.  Garcia was convicted for her role in providing the medical records and was sentenced to a 10-month prison sentence.  The patient records were then sold to personal injury lawyers who paid 35% of any recovery to Rodriguez and Suarez.  One personal-injury lawyer allegedly wrote 27 checks totaling $85,250 to Rodriguez through a shell company.

The current indictment involves a very similar scheme wherein Rodriguez paid an employee of the ambulance company American Medical Response (AMR) and made several payments of $1000 to $2000 to the employee to supply the medical records.  The couple then proceeded to sale the medical records to personal injury lawyers and health care clinics.  "The alleged behavior is in violation of specific company policies and the employee was terminated," said a spokesman for AMR.

Several attorneys are also under investigation their alleged involvement in the scheme.  "Under Florida state bar rules, lawyers are not permitted to solicit clients by phone or at their home or hospital," said Florida criminal defense lawyer John Musca.  G. Walter Araujo has not been charged but the Florida Bar is investigating him for ethics rule violations.  Other personal injury lawyers have also been implicated in the scheme and are under investigation.Rodriguez previously had his bond revoked and remains in custody in connection with the AMR case for allegedly tampering with grand jury witnesses.  Rodriguez faces additional charges under the JMH case of conspiracy, computer fraud and identity theft.  Suarez is free on bond.

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 over you.  Contact Musca Law for a free, comprehensive review of your case.

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