Miami Criminal Lawyers Blog

Anita Devi Gerald was convicted of bringing an alien into the United States for commercial gain following her guilty plea.  Miami special agents of the U.S. Immigration and Custom's Enforcement (ICE) began investigating Gerald after receiving information that she was the leader of a human trafficking ring.  Gerald assisted India nationals in illegally obtaining entry into the country.  According to authorities, Gerald and her co-conspirators prepared false documents indicating that the undocumented aliens were farming experts whose expertise was needed in Belize.  The documents were used to obtain a Belizean visa so that the aliens could travel through many countries in route to the U.S.

Gerald pleaded guilty and faces a mandatory minimum sentence of 3 years in prison and a maximum sentence of 10 years in prison.  She also must pay a hefty fine of $250,000.  "Today's guilty plea puts another alien smuggling organizer out of business," said Assistant Attorney General Lanny A. Breuer of the Criminal Division.  "Traveling the globe seeking people willing to pay for illegal entry into the United States, this defendant sought personal riches in exchange for disregarding the immigration laws of our country."

According to the Department of Justice (DOJ), 1200 incidents of human trafficking were reported between January 1, 2007 and September 30, 2008.  The DOJ also reports that 83% of human trafficking involves sex trafficking while 12% of human trafficking involves labor.   "A conviction may result in criminal fines, imprisonment and forfeiture of vehicles or real property that is used to facilitate commission of the crime," explained Miami criminal lawyer John Musca.  A person who encourages or induces an alien to come to the U.S. even though one knows or recklessly disregards the knowledge that the alien is not legally authorized to enter the country is guilty of a felony.  The sentence for alien smuggling is a fine and up to ten years imprisonment. If the smuggling results in serious bodily injury or puts someone's life in jeopardy, the penalty is a fine and up to 20 years imprisonment. If a person's criminal smuggling results in a death, a person may be sentenced up to life in prison.

If you or someone that you know is facing criminal charges it is vital that you retain an experience Miami Criminal Defense Attorney without delay.  Attorney John Musca is an aggressive criminal defense lawyer who can make the difference between a prison sentence and a dismissed criminal charge.  Musca Law is on your side.

The Miami-Dade Environmental Trust Fund, which was created to investigate and prosecute environmental criminal activity, has been frozen in the wake of questions regarding how the funds are being used.  The fund was set up in cooperation with the Environmental Protection Agency to address environmental crime including the transportation and dumping of toxic material.  The Miami-Dade police department has been charged with the responsibility for overseeing the fund in a county sometimes referred to as the country's "drum dump capital."  The trust is managed by the Miami-Dade police and is funded through court fines, donations and government funding.

The Miami-Dade police department spent over $5 million from the fund since 2001 with half of the amount being spent during the last 3 years.  The Miami-Dade police department and the EPA signed a memorandum March 27, 2002 indicating that the "primary mission of the Task Force is to seek out and arrest those persons or companies that have violated state and federal environmental law."  Miami-Dade police chief counsel Glenn Theobald issued a memo February 13, 2008 indicating that the fund was "not only for environmental objectives."   A freeze on spending and complete audit has been ordered in the wake of revelations that money from the fund has been used to purchase DirecTV subscriptions, SUVs used by command staff, office furniture, travel and training, iphones and computers and equipment in excess of $450,000.

In the wake of the revelations, Miami-Dade Police Director James Loftus has ordered that the all spending from the Environmental Trust Fund be frozen and that a detailed audit of any expenditures from the fund be conducted.  "Our department is investigating all expenditures relative to the Environmental Trust Fund and all correspondence relating to those expenditures," said Loftus.  Theobald has since withdrawn his prior approval of fund spending on non-environmental crimes in a memorandum indicating, "a direct nexus with the expenditure and the furtherance of environmental investigations is required.  Any other interpretation was mistaken, due to the information provided at the time the memorandum was presented."

"Environmental crimes can carry very severe penalties including staggering fines and imprisonment," said Miami criminal lawyer John Musca.  "Authorities in Florida have aggressively prosecuted executives and companies charged with white-collar crimes including environmental crimes."  Florida set a record in 1999 when a man was sentenced to 13 years, which at the time was the longest sentence ever for someone convicted of an environmental crime.  Given the potentially staggering consequences of a conviction for an environmental crime, a person accused of such an offense should seek immediate legal advice.

When you are faced with criminal charges in Miami, you will face some serious legal issues, where you will need the assistance of a Miami Criminal Defense Attorney.  It is crucial that you have legal representation if you are facing a criminal charge.  Don't face this situation without an aggressive attorney fighting for your rights every step of the way. Contact Musca Law immediately.

Eight missionaries who had been taken into custody in Haiti for allegedly trying to leave the country illegally with 33 Haitian children were released on their own recognizance.    The group of missionaries was brought back from Port-au-Prince to Miami on an U.S. Air Force C-130 cargo plane.  "It feels great for him to be back from Haiti," said an attorney who represents one of the missionaries.  "It's great that the attention will return to where it should be back on the people of Haiti."

The missionaries were part of a larger group of ten missionaries who have been charged with kidnapping and criminal association for trying to remove 33 Haitian children from the country following the devastating earthquake that rocked the country.  The missionaries have indicated that they were attempting to remove the children from the country to relocate them to a safe place.  The missionaries also explained that they planned to set up an orphanage in the Dominican Republic.  Two of the missionaries Laura Silsby and Charisa Coulter were not released.  The judge indicated that they were being held while authorities investigate the reason the two missionaries visited Haiti prior to the earthquake. 

A spokesman for the U.S. State Department expressed appreciation for how the Haiti court has handled the case so far and indicated respect for the ability of the Haitian court system to resolve the matter appropriately.  "The United States Government respects the sovereign right of the Government of Haiti to conduct its own judicial processes.  Haitian authorities have been cooperative in ensuring the individual's safety and welfare since their arrest and we have every expectation this will continue."  One of the attorneys for the missionaries expressed optimism that the judge's decision to release the missionaries on their own recognizance may mean the charges will be dismissed soon.

If you have been arrested or are facing criminal allegations, you face a number of important decisions.  The most critical one is choosing who will represent you in the legal system.

It is important to be proactive in building your defense.  A conviction will likely change your life.  But, with high quality legal representation on your side, it is possible to put these changes behind you for good.  If you have been arrested and are seeking legal guidance, Musca Law is here for you.  Contact a Miami Criminal Defense Attorney at Musca Law today, to speak with an experienced attorney. We offer a free initial consultation and Spanish language translation services.

 

Warren Sapp, the NFL star and former Dancing with the Stars runner up, was arrested for domestic violence the eve of the Super Bowl after an alleged early morning violent confrontation with his girlfriend.  According to reports, the altercation occurred at the Shore Club Hotel in Miami at around 5 a.m. the morning before the Super Bowl.  Sapp's girlfriend told police that the couple argued over men that she spent time with on Friday night.

She claimed Sapp pulled her out of bed and then "grabbed her and began to choke her."  She also said Sapp eventually physically forced her to leave the room.  The police report indicated she had "a swollen right knee and bruises on the back of her neck."

Sapp told police a version of events that differed substantially from his girlfriend's account.  Sapp said that his girlfriend's injuries occurred when she fell as he was trying to help her.  Sapp indicated he had originally said that his girlfriend could stay in the room with him but that he changed his mind and asked her to leave because he was going to have company.

Sapp had been in Miami to serve as a Super Bowl analyst for the NFL Network.  Based on the domestic violence reports, the network decided against having Sapp appear but said it would monitor the situation moving forward.  Miami Criminal Attorney John Musca said, "Domestic violence is taken very seriously in the state of Florida.  Charges for first time and repeat offenders range from a first class misdemeanor to a felony."  As a first time offender Sapp may be eligible for a pre-trial diversion program in which the charges could be dismissed explained Musca.  Musca said it is important to have a good criminal attorney to guide you through the process and protect your rights when faced with domestic violence charges.

Musca Law has over 100 years of combined legal experience with convenient offices located across the State of Florida.  Our Miami 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 out for you.  Contact Musca law for a free, comprehensive review of your case.

The man who has been serving as the "legal advisor" to Idaho church workers accused of trying to illegally take children out of Haiti is allegedly a fugitive and convicted felon who is wanted in connection with a human-trafficking ring.  The New York Times is reporting that the self-styled "legal advisor" did jail time in the United States and is a suspect in a child prostitution ring in El Salvador.

Citing public records, the Times reported that a man with the same name and birthdate is wanted by the Miami police, U.S. Customs and U.S. Marshall for crimes including bank fraud in the U.S. and Canada, theft of U.S. government property and violating parole.  Interpol is trying to determine if Puello is the same Jorge Anibal Torres Puello for whom an arrest warrant was issued in connection with luring women and girls from Central America and the Caribbean into prostitution.  Puello has denied he is the same person.

However, a growing quantity of evidence is emerging to suggest that Puello is the man being sought by U.S. and Canadian authorities as well as Interpol.  Dominican Republic records show an organization called the Sephardic Jewish Community, an organization to which Puello claims to belong, was registered by Jorge Torres Orellana Puello.

Puello's mother and stepfather in an interview with the Times said their son is the fugitive being sought by authorities.  "That's him," said Ana Puello.  "But those things that they say about him.  I doubt they're true.  He told me, 'Miami, I swear I didn't.'  He would never hurt a child."  Police also say they are close to confirming that Puello is the one being sought for trafficking children based on fingerprints and photographic evidence.

Even more compelling, Ana Puello confirmed that her son's wife was already convicted for her involvement in the child trafficking prostitution ring and that she remains in jail in El Salvador.  Puello managed to leave the country but his wife was arrested and convicted.  The trafficking ring was exposed last year after three children, 14, 15 and 16 reported they had been forced to pose naked after escaping the house where they were being held.

Evidence also has emerged indicating that Puello is not an attorney in his home country in the Dominican Republic as he had told the Haiti detainees.  It appears that Puello approached the Central Valley Baptist Church to offer legal assistance to the detainees.  The judge in the detainees' case has said there is no evidence that the detainees had any relationship with Puello before he contacted the church to offer his assistance in their case.  Miami criminal attorney John Musca said, "It is always a good idea to verify an attorney's credential before retaining him.  You can talk to other attorneys to get feedback or check with your state bar association."

If you or someone that you know is facing criminal charges it is vital that you retain an experienced Miami Criminal Defense Attorney without delay.  Attorney John Musca is an aggressive criminal defense lawyer who can make the difference between a prison sentence and a dismissed criminal charge.  Musca Law is on your side.

 

Geovany Ortiz Zuniga, a 31-year-old Miami man, was convicted of killing an innocent bystander during a robbery of a convenience store west of Boyton Beach.  Zuniga was convicted of first-degree murder, attempted murder with a firearm, attempted felony murder, robbery with a firearm, aggravated assault with a firearm, shooting into an occupied vehicles, discharging a firearm from a vehicle, shooting into a building, kidnapping and burglary with assault or battery.  He is set to be sentenced on March 9.

In November 2007, Zuniga along with 5 accomplices from Miami entered the Three Amigos market armed with guns.  They tied up the customers and robbed the customers and store of thousands of dollars.  The robbers had then fled the store speeding down Florida's Turnpike and got off at Atlantic Avenue.  The store manager tried to pursue the robbers in his vehicle.  The robbers shot at the store manager but missed and hit the driver of another vehicle.  The driver who was hit and killed was Samuel Salmon 70, who was on his way home near Delray Beach.

Criminal defense attorney John Musca said that Zuniga could be sentenced to life in prison.  Musca said, "The situation is a real tragedy.  It is always heartbreaking when innocent bystanders get hurt or killed during the commission of a crime."  Musca pointed out that the increased danger created by the use of a weapon during a felony is one of the rationales behind the felony murder rule.  The felony murder rule states that any death that occurs during the commission of certain serious felonies is first-degree murder and all participants in the felony can be held equally responsible.  However, the law has been criticized because sometimes defendants who have no intention of killing anyone are convicted of first degree murder according to Musca.

Musca Law Firm has over 100 years of combined legal experience with convenient offices located across the State of Florida.  Our Miami criminal defense team will aggressively defend your rights on the State and Federal levels.  The prosecution is looking to punish you to the fullest extent of the law.  You need a knowledgeable attorney to watch out for you.  Contact the Miami criminal lawyers at Musca Law for a free, comprehensive review of your case.

 

A man who is accused of saying, "kill all the Jews" on a Northwest Airlines plane appeared in court today.  At the hearing, Mansor Mohammed Asad, a Toledo businessman, has been in jail since early January for making inappropriate remarks on a plane at Miami International Airport.  Asad asked the judge to have his $210,000 bond reduced.  

Asad was not represented by an attorney at the hearing.  He was asked by the judge if he had money in the bank.  Asad responded that he had "over a hundred thousand" in the bank.  Based on this claim, the judge said the court would not appoint an attorney.  Asad also told the judge that he had been treated for mental illness when asked by the judge.  However, the judge cautioned Asad, "You are in very serious trouble."  The judge also told Asad that he needed to hire an attorney and strongly advised Asad to invoke his right to remain silent.

After Asad insisted on making a statement despite the judge's admonishments, the judge relented.  Asad said only that he was not a flight risk before the judge interrupted Asad.  The judge said you are alleged to have said on a plane you want to "kill all Jews" and that the African American police officer should "go back to Africa."  The judge again advised Asad to hire an attorney and had the case continued until tomorrow.  Defense attorney John Musca said that given the seriousness of the charges the judge really had no choice but to postpone the case so that the defendant could hire an attorney.

Asad's family says he is the victim of racial profiling and that his bond is ludicrous given the charges.  "I believe the stewardess just took the word 'I'm Palestinian,' took the word 'kill,' and took the word 'Jew,' because he's from Arab-descent.  Just took it out of context and created that statement," said Mansor's daughter Latasha Asad.

The FBI initially reviewed the case after the incident.  However, they determined the incident did not pose a terrorist threat.  Nonetheless, Asad faces 4 charges, including making public threats.  He could be sentenced up to 11 years in prison if he is convicted.

Musca Law firm has over 100 years of combined legal experience with convenient offices located across the State of Florida.  Our Miami 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 to watch out for you.  Contact the Miami criminal lawyers at Musca Law for a free, comprehensive review of your case.