Florida Criminal Attorneys Blog

 

Summers in Florida are a time for family vacations, enjoying the outdoors and relaxation. Vacationers flock to the Orlando area to attend the child-friendly attractions, plentiful lodging and themed restaurants. It is estimated that over 60 million people vacation in the Orlando area each year. Only around 165,000 people permanently reside here. This endless arena of things to do combined with tourists from every background can create an unknown threat to visitors. Behind the happy exterior of a vacation park, crimes do occur. These crimes range from a misdemeanor petty theft to felony sexual offenses.

This past month the Disney Park, Typhoon Lagoon, has had three arrests for criminal offenses. Most recently authorities arrested a visitor, David E. Thomas, suspected of molesting a 13-year old boy on the park grounds. Officers believe that Thomas may have victimized 6 other children during his stay. Bond was denied and the suspect is currently awaiting trial at the Orange County Jail.

Arrests are not always made on individuals intent on committing a crime. Busy parents have chased wandering children out of souvenir shops, carrying items and then mistakenly charged with theft. A breakdown of communication between non-English speaking foreign tourists and the general public can lead to trouble with the law.

Continue reading "Vacationers be Aware when visiting Orlando's Theme Parks" »

Hendry County, FL.  An informant notified police of a noticeably intoxicated elderly man leaving a local establishment in the middle of the afternoon. The Defendant's vehicle was described as a white van pulling a camper. The police caught up with the van/ camper combo and observed the driver swerving. The driver swerved so violently that the camper's wheels left the ground.  Police also noticed the taillights and turn signals on the camper trailer were not functioning properly. The Officer initiated a traffic stop.

The driver smelled of alcohol, had bloodshot and watery eyes, slurred speech, difficulty with balance and difficulty understanding instructions. The Officer requested that the Defendant take a Field Sobriety Test and he agreed. Prior to beginning the test, the Defendant explained to the officer that he sustained a leg injury in the Vietnam War and took 8 prescription medications daily for the treatment of pain and Post Traumatic Stress Disorder. The officer requested that the Defendant walk the white line and he performed poorly. The officer placed the driver of the van/camper under arrest and charged him with DUI. 

Continue reading "Medicated Veteran Swerving in Camper & Charged with DUI: Defense Scores with No DUI Conviction! " »

Collier County, FL.  At Musca Law, our traffic violation lawyers represent Florida residents, over-the-road truck drivers, and tourists who have received citations for traffic violations such as: speeding/racing/reckless driving, driving too fast for conditions, driving on a suspended or revoked license, drunk driving/DUI charges, careless driving, stop sign violations, Commercial driver's license (CDL) offenses, and improper or excessive lane changes. If you get a traffic ticket, an experienced Florida traffic violation lawyer can appear for you at a hearing, challenge the law enforcement officer to prove the infraction beyond a reasonable doubt, and minimize the damage to your driving record by requesting that no points be assessed by the court.

Frequently, a traffic infraction can involve complex issues that need to be sorted through. An experienced attorney can help guide the process to a successful outcome. Recently, Musca Law was retained by a client who was charged with an offense because her driver's license did not reflect the fact her vision was corrected through surgery.

Our client was pulled over for speeding and for an expired tag.  During the stop, it was determined that she did not have proof of insurance, had an expired tag, and was not wearing corrective lenses in violation of a restriction on her driver's license.  She was cited for expired registration (a traffic citation) and violation of restriction on driver's license, under Florida Statute 322.16 (a criminal misdemeanor offense).  She paid the traffic citation as it was the only way to immediately clear her driver's license and allow her to drive.  However, the misdemeanor offense remained.

Continue reading "Lasik Eye Surgery Client Caught Speeding - Charged with Violation of Driver's License Restriction: CHARGE DROPPED!" »

MONROE COUNTY, FL.  In the State of Florida every DUI defendant has the constitutional right to a trial by jury. At Musca Law, our experienced DUI trial attorneys have exceptional litigation and legal skills in the area of drunk driving defense. Our familiarity with the constitutional defense relating to reasonable suspicion of drunk driving, probable cause to stop a vehicle and make an arrest, or the permissibility of a checkpoint, can help prevent a DUI conviction. With over 100 years of combined legal experience, we use a team approach to aggressively challenge the State on proving the key elements necessary for a DUI conviction. Our attorneys devise effective DUI defense strategies designed to protect the driver's rights, push the matter to trial, and create reasonable doubt in the minds of jurors. We make every attempt to prevent a DUI conviction.

In a recent DUI court victory, Attorney John Musca fought to obtain a not guilty verdict for a DUI client. The accused drunk driver was searching for a friend's home in an unfamiliar neighborhood. A resident became suspicious of our client's vehicle and took it upon himself to contact an off-duty Florida Fish and Wildlife Officer living in the area. The eye witness

Continue reading "Man Accused of Drunk Driving Found With Xanax in Trunk & Open Bottle of Vodka - DUI Trial Attorney Obtains NOT GUILTY by Jury " »

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. " »

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.

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! " »

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.

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! " »

Due to a high incident of vehicle and residential burglary in Lehigh Acres, police in Lee County set up an undercover operation. A decoy vehicle was set up along the roadside simulating a disabled vehicle. The "bait" used to lure criminal activity was a brand new Toshiba 32" flat screen TV, protruding out of the partially opened trunk. The trunk was secured with a bungy cord. The TV was valued at $290. Deputies conducted surveillance from an unmarked vehicle parked in a nearby driveway, approximately 18 yards from the target vehicle.

Police spotted a white Dodge pickup drive by the decoy several times before parking close by. The suspect was observed opening the trunk of the decoy vehicle and removing the Toshiba TV. Deputies confronted the man and he dropped the TV. They handcuffed the suspect and a pat down search revealed a pipe used for smoking marijuana in his front pocket. He was arrested and charged with:  Petit Theft, Fla. Statute 812.014(2)(e), Burglary of a Conveyance, Fla. Statute 810.02, and Possession of Paraphernalia, Fla. Statute 893.147(1).

Seeking experienced Fort Myers criminal lawyers, the 26 year old defendant retained the services of attorneys at Musca Law. By negotiating with the State Attorney on behalf of our client, the charges were broken down. Adjudication was withheld on the Burglary of a Conveyance charge, meaning no conviction, no finding of guilt. Our client received a short period of probation as punishment for the charges of Petit Theft and Possession of Paraphernalia.

 

Caught up in the stress of daily life, a Lee County mother of 3 found herself facing serious domestic violence charges. Her 12 year marriage was strained and her actions became erratic. For several years prior she had been treated for chronic depression and anxiety. She had been prescribed anti-psychotic medications but was inconsistent with her dosage. When her behavior became argumentative and even abusive towards her 72 year old husband, he called the police. The woman was arrested and charged with Battery on a Person 65 Years of Age or Older, under Fla. Statute 784.08. The Court also issued a Pre-Trial Release No Contact Order, maintaining that the defendant have no contact with her husband.

The husband was forced to care for their two younger children himself while his wife struggled with her mental health issues. Unfortunately, her problems continued and she was obsessed with contacting her husband. She did not comply with the No Contact Order and was arrested a second time for Battery against her husband. Cape Coral Police also charged her with violating the Pre-Trial Release Condition, under Fla. Statute 741.29(6), a First Degree Misdemeanor.

Facing the remorse of her actions, the woman sought help through professional counseling and church services. In light of their long term marriage and commitment to their children, the couple wanted to reconcile their differences and reunite the family.

Being found guilty of domestic violence in Florida can have serious penalties and consequences for both the individual and their family. Battery on Persons 65 Years of Age carries a penalty of up to 5 years in prison. The defendant sought the experience of the criminal defense attorneys at Musca Law to help avoid a conviction and the long term consequences of these allegations.

Attorneys at Musca Law saw the honest attempt the defendant had made by attending a recovery group focused on women's anger through her church. The couple had also been seeking professional help from a marriage and family therapist. Our attorneys motioned the Court to lift the No Contact Order and take consideration of the defendant's husband having no objection, as well as his desire to reconcile his marriage. The Motion to Lift the No Contact Order, was modified to No Violent Contact and continue with counseling. On the charges of Battery, the State Attorney's Office issued a Nolle Pros, and the case was dismissed.

Charges of Aggravated Assault with a Deadly Weapon placed a Lee County resident on two years probation. His supervision was later transferred to New York State. Apparently, the former Florida resident became involved in another criminal situation and seven months into his probationary period was arrested and charged with Trademark Counterfeiting in the 2nd Degree by New York City police officers. The probation officer in charge of his case submitted a Violation of Probation Report and a warrant was issued by Lee County Court for the defendant's arrest. 

A Violation of Probation (VOP) is much different than being charged with a new crime. Because the defendant has already been sentenced to probation, there is less protection than being charged with a new crime and it is much easier for the State to prove a violation. The individual in violation does not have the right to a trial before a jury and the prosecutor must only prove that the defendant more than likely violated their probation. Finding of guilt in a VOP may result in; the probation period being lengthened or revoked, more conditions added to the probation terms, or the individual facing time in jail.

The charge of Trademark Counterfeiting in New York State was later dismissed. Lee County Criminal Defense Attorneys successfully argued on behalf of the defendant that the warrant should be also dismissed. Because the Counterfeiting charge no longer existed and was the basis of the probation violation, it was demonstrated that the probation should not be revoked and the warrant was dismissed by the Court.