Miami Criminal Lawyers Blog

Monroe County, FL.  The tradition of college students celebrating spring break in Florida can be traced in part to the 1960 hit, Where the Boys Are, a film starring Connie Francis, in which boy meets girl during a carefree spring vacation. During the 1980's the city of Fort Lauderdale began to crack down on the out-of-control spring break activities with increased arrests. Since then, spring breakers have taken on additional destinations of Daytona Beach, Panama City Beach, Key West, Orlando, Tampa and Miami's South Beach.

In any of these popular spring break destinations, exuberant college students engage in what seems like an unending stream of contests including, beer-chugging, bikini, wet T-shirt, and wet he-shirt contests. This year the 2009 Spring Break season stretched from February 16 through April 10. While most students came here to enjoy their freedom during a break in the school year, some found themselves in trouble with the law with a Spring Break Arrest. The spring break partying brings about numerous arrests for disorderly conduct, intoxication, marijuana possession, petit theft, public urination, DUI, and other infractions.

Attorneys at Musca Law are experienced in dealing with Spring Break Arrests and have helped many college students who have found themselves in trouble with the Florida Courts. Our client, a college student vacationing in Florida on spring break, was shopping at a Publix Supermarket with friends. A loss prevention officer accused him of putting food items into a brown plastic bag and leaving the store without paying for the items. Police placed our client under arrest and charged him with Petit Theft, under Fla. Statute 812.014.

In the State of Florida, any theft charge, from misdemeanor shoplifting to grand theft, is a serious offense. Theft is considered "a crime of dishonesty" that can be used against a person when they apply for a job, during a background employment check, or if you ever testify in a court of law. As a first time theft offender, where the value of the item is less than $100.00, our client faced up to 60 days in jail and a fine of up to $500, not to mention the serious consequences of having a conviction on his record. Our attorney successfully negotiated with the State Prosecutor to dismiss the charge against our client and he is eligible to have his records sealed.

 

Miami, Florida is a city that has been plagued by relatively high crime rates for decades. The total crimes for the population is about one and a half times the national average for all crimes, but Miami residents are three times more likely to be the victims of violent crimes.

The violent crimes that drive up these statistics are murders, robberies, and aggravated assaults. Per 100,000 people, Miami experiences about 20 murders, compared to the national average of just seven. In 2006, the city had 77 murders. The rate of robberies in Miami is 537 per 100,000 residents, more than twice the average of 206. Aggravated assaults are nearly three times the national average: 927 versus 337 per 100,000.

Interestingly, there is one violent crime that does not fit in with the other statistics. The number of rapes reported in Miami is actually lower than the national average. It is not clear, however, if there are actually fewer rapes or if the crimes is reported less frequently in Miami compared to other cities.

Miami is also relatively less wealthy than many other cities. Poverty is a serious contributing factor for high crime rates and areas with more impoverished residents are likely to see more frequent violence and drug crimes, in particular. With the economic downturn in full force, it is likely that the Miami police department will post increases in their crime statistics from 2008 to 2009. As unemployment rises, crime rates tend to climb as well. Families tend to have less money to spend and, without work to occupy some people, they turn to criminal activity.

All in all, Miami is more dangerous than many other cities. The city of Miami Gardens was ranked as the thirteenth most dangerous city with a population in excess of 75,000 in the United States for 2008. No other Florida cities made the top 25. New Orleans is considered the most dangerous of all, followed by Camden, New Jersey.

As virtually all Floridians know, Miami has a history with cocaine. The drug gained popularity in the United States in the 1970s and the 1980s. Often snorted in powder form, the drug causes the user to feel an exhilarated high. Now, the drug has been altered into other forms, most notably smokable, inexpensive, and highly addictive crack cocaine.

The coca plant has been grown in Central America for hundreds of years. Locals have long chewed the leaves of the plant, which produces a mild stimulant effect, which has been described as being akin to drinking coffee. The coca plant is altered to produce the drug cocaine, which is much stronger. The drug was first isolated from the plant in the mid-nineteenth century and was used for a period as a medicinal product. Doctors even used it to treat patients who were addicted to morphine. Sigmund Freud famously wrote about his personal experiences with the drug.

Miami has long been one of the major trafficking cities through which cocaine passes. Powder cocaine has retained its popularity among American drug users, while crack cocaine has grown significantly, particularly in inner cities. The illicit drug industry is a major part of the U.S. economy, even if it is an aspect that is infrequently considered. The sale of cocaine in the United States accounts for $70 billion of sales annually.

Because the sale of cocaine is illegal, it is wholly unregulated. This has apparently led many cocaine dealers to "cut" the powder or crack cocaine with filler products, such as sugars or other drugs. The mixing of drugs is dangerous and the varying range of "purity" from one supplier to another can make it difficult for a user to determine a safe dose. In fact, many anti-drug activists would argue that there is no safe dose of illicit cocaine.

If you have been arrested for cocaine possession or other drug crimes, contact the experienced Miami Drug Lawyers at Musca Law.

Each year, millions of people vacation in south Florida to enjoy our sunny beaches, tropical weather and amusement facilities. Sometimes visitors to the area make a mistake, or have a temporary lapse in judgment and will find themselves involved in the Florida criminal process. These types of mistakes have serious consequences and will negatively affect your freedoms, liberties and ability to work.

Dealing with an arrest while on vacation can be overwhelming and time consuming. It is imperative to retain a local attorney to defend your constitutional rights in order to obtain the best possible outcome on your behalf. At Musca Law, we represent people who have been arrested or charged with all types of criminal offenses. In many cases of tourist arrest, we can avoid you ever returning to Florida, even for a court appearance.

A recent case in which we were retained involved a tourist accused of engaging in a physical fight with a woman peddling items on the street. When the police arrived at the scene, our client fled on foot. The woman told the police our client pushed her and had been verbally abusive. Police apprehended the Tennessee resident and charged him with Battery, Disorderly Conduct and Resisting Arrest. The man returned to Tennessee and failed to appear at a pretrial hearing. The Court issued a bench warrant for his arrest.

Our criminal defense attorneys filed a Motion to Set Aside the Bench Warrant and the Motion was granted; vacating the Warrant for our client's arrest. Our attorney successfully convinced the State they would be unable to meet the burden of proof to secure a conviction. The State agreed to dismiss the Disorderly Conduct Charge and our client did not get convicted of Battery or Resisting Arrest.

Kidnapping is a difficult ordeal for any victim to endure. The response of kidnapping victims has been studied by psychologists at least since the famous Norrmalmstorg robbery in Sweden in 1973. An armed convict named Jan Erik Olsson, who was on leave from prison, attempted a bank heist at Norrmalmstorg Square in Stockholm on August 23. He took four people hostage and demanded large sums of money. He also wanted to speak to a close friend of his, Clark Oloffson, who was also a convict.

Swedish police let Oloffson in, establishing communication with Olsson. The pair and the hostages were in the main vault of the bank, which the convicts barricaded. By August 26, law enforcement officers had succeeded in drilling a hole through the vault ceiling. Although Olsson repeatedly threatened to kill the hostages should police attempt to use gas to get them out, when police actually did so on August 28, Olsson gave up after half an hour.

One of the most interesting things to come out of the hostage situation was the degree to which the hostages apparently sympathized with their captors. Oloffson's conviction for his role was overturned, as he claimed he did not aid Olsson's actions and instead wanted only to keep the peace during the ordeal. Famously, Oloffson and hostage Kristin Enmark became friends after the crisis ended.

The hostages' inclination to empathize with their captors has been dubbed Stockholm syndrome. The victims in the Norrmalmstorg robbery reported that they were more afraid of the police than of the men holding them hostage, with Enmark even calling the Swedish Prime Minister from the bank vault to chastise him for the police methods employed.

Of course, not all hostages identify with their captors:



If you have been arrested for a crime in Miami or elsewhere in Florida, contact the criminal defense attorneys at Musca Law to begin your legal defense.

A Miami woman has been accused of setting up an elaborate plot to extort a ransom from her ex-husband. Alejandra Arriaza, 39, went to Wal-Mart with her 17-year-old son to purchase an iPhone. Arriaza deliberately left her car doors unlocked so that the kidnapping ploy could begin.

While they were inside the store, Arriaza's boyfriend, Angel Ponce, 39, snuck into the backseat of the car. He wore a mask to cover his face. When Arriaza and her son returned to the vehicle, Ponce pretended to be kidnapping the pair, brandishing a fake weapon. Ponce covered the teen's eyes with tape.

As part of the scheme, Ponce gave Arriaza driving directions, taking them to his mobile home in Miami. There, the teenaged son was bound to a chair. Arriaza, Ponce, and Arriaza's 29-year-old nephew, Joel Boza, left her son tied up inside the closet for the entire night.

Ponce purchased two cell phones before they launched the fake kidnapping. He kept one and hid the other inside the truck belonging to the boy's father, Arriaza's ex-husband. They then made contact by the father by calling him on that cell phone. The father, in turn, contacted police, who recorded the phone conversations.

On the phone, Arriaza implored her former husband to pay the captors their

ransom, stating that they were burning their son with a blow torch. In fact, they singed the hair off his leg with it, but did not actually injure him. Meanwhile, Miami law enforcement officials were tracking the other phone, which eventually led them to Ponce's trailer.

Ponce was arrested and confessed to the scheme, implicating Arriaza. The boy was not in on the scheme. He told police that he and Arriaza had hoped to extort funds from the ex-husband, who had recently sold his business at a profit. Now, Ponce, Arriaza, and Boza all face kidnapping charges in federal court. The charges carry a maximum of a life sentence.

The original report is available here.

A bench warrant or capris, is an order issued by the Court in various situations when an individual has violated an order or requirement of the court. A bench warrant can be issued in both civil and criminal cases and differs from an arrest warrant. An arrest warrant is issued by a judge for the arrest of a person suspected of committing a crime. A warrant orders the police to find the offender, arrest them, and bring them before the issuing judge.

Discovering that a person has an outstanding warrant for their arrest can be a stressful and worrisome experience. Miami criminal defense attorneys at Musca Law represent defendants who have failed to appear in Court, resulting in a bench warrant. The knowledge we can provide of the local criminal justice system can help guide individuals through the process of having a bench warrant set aside, thereby maintaining their freedom.

A traffic infraction is what caused the Court to issue a bench warrant for one of our clients. He had inadvertently misplaced a traffic citation believing it was only a warning for speeding. Failure to pay the citation resulted in a D-6 suspension of his license. A D-6 suspension is a serious matter; basically it is when a judge tells the DHSMV to suspend a person's license. He discovered his license was suspended for nonpayment of the citation and a bench warrant was issued based on his non-appearance in court for the offense. The defendant was cited for Driving While License Suspended, in violation of Fla. Statute 322.031, a second degree misdemeanor.

Our attorney's motioned the Court to set aside the bench warrant. We communicated with the State Attorney in this case and he had no objection to our Motion. The bench warrant was set aside and adjudication was withheld on the violation of Driving While License Suspended.

One of the most important rights a criminal defendant has is the right to be tried by an impartial jury of his peers. In criminal cases in Florida, that means that a person who has been charged with a crime which is punishable by more than six months in jail can elect to go to trial with a jury of twelve regular people who have nothing to do with the case. If he so prefers, he can choose to have a bench trial, which is one where the judge decides if the prosecution has proved the defendant's guilt beyond a reasonable doubt.

The meaning of trial by a jury of one's peers has changed significantly during the history of the United States. For example, until relatively recently, many juries were all-white as a matter of course. Now, an attorney cannot strike a potential juror on the basis of his race. For example, a prosecutor trying to convict an African-American defendant might try to assure that all of the jurors were white, in an attempt to play up racial biases among the jurors. Now, an attorney who seeks to remove a potential juror can be questioned about his motives to ensure that no juror is struck on the basis of his race. The attorney must provide an adequate, non-racially motivated reason for wishing to strike the potential jury from the jury pool.

Jurors are selected from registered voters. Women did not get the right to vote in Florida until 1921 and they could not serve on juries. Beginning in 1949, women were permitted to volunteer for jury service. Surprisingly, the United States Supreme Court ruled that the law was constitutional in 1961, excluding women because they were perceived to be "the center of home and family life." The Florida legislature did not make jury service mandatory for women until 1967. The Supreme Court later reversed its decision.

Nicolas Valdez, 52, has been arrested for shooting his wife and stepdaughter just before 9 a.m. on Saturday morning. Wendy Valdez, 37, and Yabesis Abad, 15, remain listed in critical condition at Jackson Memorial Hospital in Miami. Both victims receiving multiple gunshot wounds. According to law enforcement officials, two other children, aged five and ten years old, were inside the Valdez home, but were not hurt during the shooting. Valdez is apparently the father of both of the younger children.

Valdez surrendered to police officers outside his home and was taken into custody. He has been charged with two counts of attempted murder for shooting his family members. Although Valdez has declined to speak with investigators, police believe that Valdez opened fire because his wife and stepdaughter were teasing him or making fun of him.

Valdez is originally from the Dominican Republic. This shooting marks another in a series of domestic shooting incidents in Miami-Dade County over the past two month, which have left several people dead and others critically wounded.

On February 25, a man shot his wife and both of their daughters to death in their home in Miami. Another man, George Sheppard, shot a female victim at a store in Florida City before taking his own life. The woman survived the shooting. Also in March, Guillermo Lopez crashed a birthday party in Miami to shoot his estranged wife, as well as other partygoers. Four people died as a result of the shooting.

Lopez took his own life before investigators caught up with him. Last week, the Miami-Dade area saw two notable domestic shootings. The first was by a prominent member of the community, David Waud, who was the president of the Miami Lakes Chamber of Commerce before shooting his wife. The second took place in West Kendall, where three adults were killed in a domestic incident.



Read more here.

A disturbance occurred at the 500 Block of SW 10th St. in Fort Lauderdale, when a young French immigrant engaged in a heated argument with her fiancé. A mutual friend of theirs intervened and tried to keep them apart. When the woman did not respond to his attempt, he called the Broward County Sheriff's Department.

Officers responding to the domestic dispute arrived to find the woman yelling at her friend in the middle of the street. She became angry with her friend because he had called the police. Her temper drove her to the point of making physical contact with him. Police witnessed her punching him with a closed fist. The woman continued to yell at her friend while neighbors had gathered outside because of the disruption. The police felt the woman was intoxicated and arrested her for Disorderly Conduct.

Breach of the Peach; Disorderly Conduct, under Florida Statute 877.03(1), is defined as:  "Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree."

Although the offense of Disorderly Conduct might seem relatively insignificant, it is still a criminal offense that carries penalties of up to $500 in fines and up to 60 days in jail. A conviction of this offense carries the same stigma as a conviction for any other criminal offense and can affect an applicant for employment, or occupational licensure.

Musca Law criminal defense attorneys have experience in successfully arguing against charges of Disorderly Conduct in Broward County. In this circumstance, through careful, skilled negotiation with the State Prosecutor we effectively advocated on behalf of our client. Our attorneys convinced the State that our client's actions did not meet the standard of a "threat to the safety of other people", as required by Florida law. Our efforts resulted in the Court determining that a Withhold of Adjudication, meaning no conviction, would satisfy the best interest of justice. Having an experienced criminal defense attorney matters!
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On January 16, 2004, two teenage boys broke into a Miami home on Southwest 58th Street during the afternoon. The two were going through items in the house when they were confronted by former Miami police officer Jorge Espinosa. The teenagers, Leonardo Barquin, 17, and Rolando Llanes, 18, fled when Officer Espinosa found in them inside a bedroom in the house. Llanes jumped through a window and Barquin tried to follow him, but got struggled to get through. From that point on, the events are in dispute.

Officer Espinosa claims that Barquin threatened his life, pointing a handgun at the police officer. Fearing for his life, Espinosa fired a shot, which went through Barquin's leg. Barquin apparently escaped despite his injury and, as he scaled a fence with the gunshot wound to his thigh, Officer Espinosa says the teen again pointed the gun at him. Espinosa fired the second shot, inflicting another wound upon Barquin. The teenager died from his wounds.

Since Florida police officers can use lethal force, including firing their guns, if their own lives are threatened, Espinosa would be well within the law if his story is accurate. Nonetheless, more than five years later, many in the community remain skeptical - including Barquin's mother. The teens were apparently unarmed, as investigators were unable to locate any weapons. Barquin did not have a handgun on his person or anywhere near him. Why, then did Officer Espinosa believe that Barquin twice raised a gun to him during daylight hours? Some have speculated that Espinosa should be investigated for obstruction of justice and perjury on the theory that he intentionally lied under oath about the threat Barquin posed to him.

What happened on January 16, 2004 remains unclear. Was there ever a handgun? If so, where did it go? And if there was no gun, why did Officer Espinosa say or believe that Barquin was threatening him with one?

The Miami-Dade State Attorney has refused to close the case, although she says that at the conclusion of a "thorough investigation" her office is "unable to file criminal charges" against Espinosa. Officer Espinosa resigned from the force for health reasons two years after the shooting.

The original article is available here.

Women are far more likely than men to be the victims of certain crimes. Although men are more likely to be involved as the perpetrators of most types of crimes generally - including violent crimes - who the victims are varies widely. Simple assault and battery, for example, might be more likely to be between men who do not know each other well, like two men in a bar fight. Women are less likely to be involved in a fight under those circumstances, but more likely to commit larceny or shoplifting. Additionally, women tend to comprise the vast majority of victims of domestic violence and sexual violence against adults.

Domestic violence can occur between any group of people living together in a romantic or familial environment. Although most people think of domestic violence as a phenomenon that occurs exclusively between couples, that is not always the case. A daughter who lives with her parents could commit domestic battery against her mother, just as her mother could commit domestic battery against the father. Although organizations and advocates for women have illuminated the often-secret issue of domestic violence within homes, the crime still occurs and the overwhelming majority of its victims are women. The disputes frequently, although certainly not always, involve the use of alcohol or drugs in the home. Florida law now requires law enforcement officers to separate the individuals involved in the dispute, which typically means that one person goes to jail for the night.

Women are also the victims of most crimes of sexual violence against adults. Rape and other forms of sexual battery are usually committed against women. Despite a tremendous shift in social attitudes, many female victims still feel afraid to contact police regarding their experiences. Changes in the law over the last 20 to 25 years have made courtrooms more favorable to female victims. Florida and other states have enacted "rape shield" laws that prevent criminal defense attorneys from eliciting inflammatory testimony from rape victims. Testimony about the victim's chastity or her prior sexual relationships are no longer deemed to have any bearing on whether or not she was raped in this particular case, as attitudes about women have changed.

If you have been arrested for domestic violence, sexual battery, or any other crime in Florida, contact the Miami criminal lawyers at Musca Law to discuss the particular factual and legal issues of your case.

Violation of Probation Defense Attorneys at Musca Law strive to protect their client's freedom and provide committed legal representation to persons who have been arrested for probation violations. Probation is court ordered legal supervision given under certain circumstances when a person is found guilty of some eligible types of crimes. When an individual is placed on probation they are advised of the conditions they must comply with during the probation period. A Probation Officer is assigned to monitor compliance. Should a violation occur, the Probation Officer will initiate a procedure to arrest the probationer.

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.

When a US Navy recruit was charged with violating the terms of his probation in Monroe County, he turned to Miami's premier criminal defense firm, Musca Law. His 12 month probation period for DUI involved meeting certain terms. He failed to meet those terms and had technical violations to his probation. A warrant was issued for his arrest and the State Attorney recommended 60 days in jail. Our highly-skilled defense attorneys entered negotiations with the State on behalf of our client. After we submitted evidence that the defendant completed requirements of his probation, the Court dismissed the violation and closed the case.