Florida Criminal Attorneys Blog

Continue reading "Florida Considers Anti-Texting Law for Drivers" »

Jeffrey Grinder, 32, and Calvin Adams, 39, have both been convicted of murder. Each is serving a life sentence in prison without the possibility of parole in a facility in Grady, Arkansas. The pair recently hatched and executed a plan to escape from prison, although they were only briefly successful. The men likely figured that because they had already received life sentences for violent crimes, they did not have anything to lose (as escaping from prison cannot carry a sentence greater than the one which had already been imposed).

The Grady prison facility inmates make the uniforms prison guards wear, in addition to other tasks. Grinder and Adams apparently realized that they could secretly don the guards' uniforms and slip out of the prison unnoticed. They arranged with three other people who were not in prison to leave them a car parked in the parking lot of the prison and set out to make their plan work.

Last Friday night, the men stayed in the prison's library until about 6:00, when they secretly changed from their standard-issue inmate clothing to the guard uniform. They knew that the guards changed shifts at that time and the inmates suspected their presence was least likely to be noticed then as they left the building. They were correct.

Grinder and Adams acted natural and walked past a number of guards. Many were getting off of their shifts, but several were assigned to guard the doors and watch for any inmates. Five of those guards have been placed on unpaid leave while the state investigates their failure to stop the two men. The inmates set off in the car that had been left for them and drove away. Eventually, however, New York police caught up with the duo after the car failed to signal properly. The police chased the inmates, ultimately taking them into custody.

An elderly man struck a pedestrian in Winter Park on Friday night. John Sepelak, Jr., 78, hit Paula Carrison, 48, who lives in Winter Park. Carrison was taken to a hospital, where doctors pronounced her dead. According to the Florida Highway Patrol, Sepelak was driving on Howell Branch Road when Carrison began crossing that street near Banyon Tree Road. Carrison apparently stumbled and fell as she made her way across and Sepelak drove over her when she was on the ground.

Sepelak stopped and assessed the situation, but according the law enforcement report, he "became scared and drove off." A local good Samaritan saw him, however, and tailed him for more than five miles to Lake Howell Road. The witness who followed him there blocked in Sepelak's vehicle.until police could get there. According to law enforcement officials, they do not believe that Sepelak was intoxicated at the time of the accident, but criminal charges against him are expected.

It is not clear whether Sepelak's age played any role in the accident or if he was simply unable to see Carrison because she had already fallen to the ground at the time of the accident. Still, many road safety advocates have proposed differing rules in order for elderly motorists to retain their drivers licenses. Drivers over the age of 65 account for far more than their fair share of motor vehicle accidents, just as drivers under the age of 18 do.

Just four states have laws stating that age may never be a factor in determining the method of drivers license renewal. Only two states require a road test for the elderly; both Illinois and New Hampshire require the same type of road test at age 75 that most drivers took when they were 16. Ten states do not require that younger drivers take a vision test in order to renew their drivers licenses, but require that older drivers must - although the age varies significantly - anywhere from 40 years old to 80. Florida's vision retesting does not begin until age 80. Most commonly, older drivers must renew their licenses more frequently than other drivers.

Collier County, FL.  A twenty-six year old father of four was stopped when an officer noticed a defaced license plate and what appeared to be an illegally tinted window on the vehicle. When a routine check revealed that the license of our Client was suspended for delinquent child support payments, he was arrested for Driving While License Suspended (DWLSR).

At the time of arrest the Client was on probation for Burglary of a Dwelling, Grand Theft and Habitual Driving on a Suspended License.  Therefore, he received additional charges of two Felony Counts of Violation of Probation. If convicted on the Violation of Probation charges, the Client was facing a maximum sentence of 25 years in prison. 

In the State of Florida, there are two types of probation violations, technical and substantive. A technical violation is any violation of either the general, or special, conditions of the probation. Some examples include: failure to pay court costs or fines, missing a probation meeting, or change of address without permission. Substantive violations occur when the probationer commits a new criminal offense. Violation of probation is a serious offense. Penalties for violating probation can result in a judge revoking probation. If a judge revokes probation, Florida law allows the judge to impose the maximum penalty for the charge.

In Florida, as in most states, the failure to pay court ordered child support can give rise to many forms of penalties. A teaching certificate or professional license may be suspended or denied along with other licenses or registrations, like fishing, driving and hunting license. 

 
However, the Florida Statute (FS 322.34) provides that the driver must have actual knowledge that the license was suspended. During his extensive research of the case, the Musca Law Defense Attorney discovered that the Client had no actual knowledge of the child support hearing that lead to the penalty that suspended his license. The Attorney argued, to the

Continue reading "Father of Four Facing 25 years for Probation Violation: Found NOT GUILTY by Judge!" »

The Florida Legislature has been extremely busy lately, especially with negotiations that ultimately resulted in a state budget with cuts to make up for the loss of revenue associated with the current economic recession. During all of this, and amid plenty of controversy surround issues like state employee salary cuts, they still found time to revise the Florida seat belt statute.

Formerly, a driver could be ticketed for a seat belt violation as a secondary offense. That means that if the driver was stopped for a different offense - a faulty taillight, driving under the influence of alcohol or drugs, or running a stop light, for example - then a law enforcement officer could also ticket the driver for a seat belt violation. Now, Florida joins Georgia as only the second state to enact a primary offense seat belt law: a police officer will be able to pull over your vehicle and ticket you solely for your failure to wear a seat belt when driving.

Critics of the bipartisan seat belt law effort are those who think that seat belt laws can be used to justify looking for real criminal activity, as a stop for an offense as simple as failure to wear a seat belt can be an excuse for a police officer to find evidence of an actual crime. For example, a seat belt stop might also allow an officer the opportunity to check a car full of college students for the lingering scent of marijuana. Some critics are also concerned that seat belt laws could allow law enforcement to engage in racial profiling.

New Hampshire - the live free or die state with a libertarian streak - is the only state in the country without any kind of seat belt law. Residents of New Hampshire seem to prefer minimal involvement of the government in their lives.

If you have been arrested in Florida, contact the criminal defense attorneys at Musca Law immediately to begin your legal defense.

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!" »