A black Toyota sporting an out of state license, a broken windshield and a missing front bumper was enough to create suspicion in Miami-Dade police officers of criminal activity. The official police report stated the automobile matched the description of a vehicle used in an armed robbery the night before.
The traffic stop resulted in the arrest of 3 individuals, one of them being a 29 year old, disabled individual, who was on vacation in Florida. Charges against the Indiana resident included: Grand Theft in the 3rd Degree, possession of stolen property and possession of a controlled substance in violation of Fla. Statutes Section 893.13(6)(a).
The out of state resident, whose health was not well, turned to the legal defense team at Musca Law. Our firm was able to get quick results and the felony charge of Grand Theft in the 3rd Degree was dismissed. In the State of Florida, Grand Theft in the 3rd Degree carries a maximum penalty of 5 years in prison. The out of state resident still faced serious drug related charges but was relieved to have local criminal defense attorneys fighting on his behalf.
The defendant returned to his home state of Indiana but because of debilitating health problems was unable to return to Dade County to attend Plea hearings. The Court issued a bench warrant which would allow law enforcement officials of any jurisdiction to take the defendant into custody. The Court also estreated, or forfeited, the defendant's bond for failure to appear at the Plea hearing.
Once again, our criminal defense attorneys moved quickly motioning the Court to set aside the bench warrant and reinstate the defendant's original bond. The Court found good cause had been shown in the Motion. The Court agreed with the legal defense presented by our attorneys, that the defendant's failure to appear was unintentional and he had extenuating circumstances because of his health problems. In addition, the fact he had maintained representation with a local attorney appearing on his behalf at the Plea, was enough for the Court. The Court determined the defendant's absence did not cause any disruption or delay to the disposition of this cause. The bench warrant was dismissed and the original bond was reinstated. The bond agency had no objection to reinstating the original bond while the Court proceedings on the drug related charge continued.
Our experienced Miami lawyers had further success in representing the defendant on the drug related charge. Our attorneys successfully negotiated a "withhold of adjudication" from the Prosecutor pursuant to Section 948.01, Fla. Statutes. In other words, there was no conviction, no finding of guilt on the possession of controlled substance charges.
Being arrested is a stressful experience, let alone being arrested while on vacation. The increase in the number of tourists arrested on vacation in Florida gave rise to the slogan, "Come on Vacation - Leave on Probation". The best way to combat charges in a tourist arrest is to retain an attorney who knows the local courts and what can be done to maintain an effective defense strategy.
If you or a loved one becomes involved in a tourist arrest while vacationing in Florida, contact the rock solid criminal defense team at Musca Law to ensure a successful defense strategy is presented on your behalf.
