When lead DEA Agent Darren Singleton fainted, he was under intense questioning regarding whether federal agents had offered inducements to Gibson to testify against Gary in the case.  During the morning of the hearing, Gibson testified that the men had established a "grow house."  Gary's attorneys have argued repeatedly that Gibson was the person in charge of the pot growing and distribution operation.  Gary faces five to 40 years in prison in connection with his guilty plea on the charges.  The issue of who was in charge of the operation is important because Gary's lawyers are arguing that he qualifies for a "safety valve exception."  "The exception would allow the court to deviate from the mandatory minimum sentence of 5 years if Gary was not the ringleader of the operation and no gun was involved," said Miami criminal defense lawyer John Musca.

There has been a fair amount of contradictory evidence and testimony on the issue of who was the ringleader of the operation.  Gary has testified that he had no knowledge of how to set up or run a grow house or run the operation.  He alleged that Gibson had the "know how" in terms of how to run a marijuana cultivation operation.  Gary has argued he helped finance the operation but that was the extent of his involvement.  "I wouldn't have any idea what was needed.  Scott (Gibson) told me he needed the money and that's how I fit in," Gary testified.

The prosecutors have presented a substantial amount of testimony focusing on Gary's financial role in running the operation.  Gibson testified that Gary paid for the grow house, the utilities and the lease.  Both Gary and Gibson have contended that each respectively was only to receive marijuana for personal use in return for their role in the operation.

Gary's lawyers have attempted to portray Gibson as an unreliable witness that fabricated his testimony to reduce his own sentence.  Singleton was being grilled by one of Gary's defense lawyers on this issue when he fainted.  Gibson had made calls to his wife during which he speculated on how he might help his situation by cooperating and testifying against Gary.  Gibson told his wife he was going to testify against Gibson because they would "cut my time."  He also allegedly told his wife that though he did not know how much his sentence would be reduced that he did not care because "he (Gary) was going to do it to me, you know what I mean?"  One of the lawyers on Gary's defense team was questioning Singleton intensely on this subject implying that the agent knew that Gibson's testimony was suspect prior to Singleton's collapse.

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 as Musca Law today, to speak with an experienced attorney.  We offer a free initial consultation and Spanish language translation services.

"We will continue to use publicly available information individuals post online about their illegal activities or false statements to law enforcement officials in our investigation," said a representative of the Department of Justice.  In addition to accessing public and private information entrusted to a social network, law enforcement is increasingly relying on undercover operations wherein an officer assumes a false identity to make contact and communicate with a suspect.

"Social networks are becoming an increasingly troublesome issue for criminal defense lawyers here in Miami and throughout Florida," said Miami criminal defense attorney John Musca.  "One of the first things that a criminal defense lawyer tells his client is not to talk to anyone.  With social networks, suspects are not just talking to 'someone,' they are talking to everyone," said Musca.  Musca advises clients to be very careful about what one puts on a social media page because law enforcement will Google ones name when investigating a suspect.

More troubling, social networks are not necessarily vigilant about protecting the privacy of their users but instead are increasingly cooperating with law enforcement agencies.  MySpace has prepared a law enforcement guide and a 24/7 hotline and email account to assist law enforcement agencies in conducting investigations.  A MySpace spokesman recently acknowledged efforts by MySpace, "making sure law enforcement gets the information they need in a way that complies with all laws in order to be admissible in court...."

The Department of Justice openly admits conducting undercover operations online, but the IRS forbids its employees from misrepresenting their identity to obtain information from social network users.  However, the IRS uses public information contained on social media sites.  The IRS also might use Google Street View to challenge a taxpayer's valuation of their home by using the images to show the house's value far exceeds the value as stated by the taxpayer.

Social media have become a fun diversion and means of communication for many people.  It is important that one recognize that this information may be available for the world to see - a world that includes law enforcement agencies.  If you are under investigation for a crime, you should immediately remove all social media pages.  These sites have become an invaluable tool of law enforcement.  The information contained on ones social media site may mean the difference between freedom and jail.

Musca Law provides the highest quality criminal litigation services to the residents of Miami.  Our Miami Criminal Defense Attorneys have successfully tried and defended, and appealed hundreds of cases in both the State and Federal courts throughout Florida.  These cases include, but are not limited to, felony cases and misdemeanor cases, DUI, drug crimes, domestic violence, theft crimes, sex crimes, probation violations, white collar crimes, violent crimes and motor vehicle crimes.

The accused businessmen include Khaled T. Safedi, Ulises Talavera and Emilio Gonzalez-Neira who have been arrested on conspiracy charges for violating a law which makes it illegal to do business with any organization designated as a terrorist group by the U.S.   The businessmen's companies were also named in an 11-count indictment, which has been unsealed.

The indictment does not expressly name the terrorist group that the men are accused of supporting but does name a shopping and office complex in Paraguay that is black-listed.  The men allegedly sold thousands of Playstation 2 game systems and digital cameras to the commercial mall in Paraguay, Galeria Page.  The U.S. authorities regard the mall as a funding source for the Lebanon based group Hezbollah.

A defense attorney representing one of the men was highly critical of the charges.  He mockingly referred to the indictment as "the great Sony Playstation caper."  He also said, "Believe it or not, this indictment actually charges these gentlemen with supporting Hezbollah by shipping them Sony Playstations.  I guess this is the new type of weapon of mass destruction."

Immigration and Custom Enforcement agents working in conjunction with the FBI's Joint Terrorism Task Force in South Florida initiated the investigation into the alleged smuggling operation in 2007.  Authorities claim that the men falsified invoices, addresses and fictitious consignees on required export documents to cover-up the illicit transactions.  The Treasury Department alleges that a manager of Galeria Page sent a regular quota to Hezbollah based on profits the mall generated.

The law the men are accused of violating was enacted after 911 to extend the war on terror to those who provide any kind of financial support or other types of assistance to terrorist groups.  Each count of providing material support to a foreign terrorist organization carries a maximum penalty of 15 years in prison and a $250,000 fine.  "Since 911, the federal government is extremely vigilant in prosecuting those that the government believes are providing aid and support to terrorist groups," said Miami criminal defense lawyer John Musca.  If a person is charged with assisting a terrorist organization, he or she should seek immediate legal advice from an experienced Florida criminal defense lawyer who can investigate the basis of any charges brought by federal authorities and explain your options and available defenses.

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.

A number of arrests have been made in recent weeks of Miami and Orlando residents who are accused of staging auto accidents and filing false insurance claims.  A Miami man was arrested as part of a staged auto accident ring.  Angel Sotolongo faces up to 10 years in prison after being charged with seven felony counts for being the alleged leader of a Miami auto accident ring that accumulated over $90,000 in fraudulent insurance claims.  The ring attracted participants by paying $2000 per person.  Earlier this month several Miami residents were arrested as part of a similar insurance fraud scheme.

Tampa authorities also recently have cracked down on a similar insurance fraud ring.  Tampa sheriff's deputies arrested three people who allegedly staged an accident.  Amauri Delgado, Zoraida Domitila, Zaya Padilla and Frank Lopez Masso met prior to an accident to discuss how to carry out the accident according to sheriff's office reports.  The arrest report indicated the defendants planned to obtain payment from their insurance by filing claims with an unknown pain management clinic.

According to Miami criminal defense lawyer John Musca, the most prevalent type of auto insurance fraud involves one of a couple scenarios.  The first scenario involves intentionally damaging vehicles at one location and then positioning the vehicles in an intersection so that the drivers can report an accident.  The other type of common fraudulent auto accident claims involves intentionally initiating a real accident followed by false claims of injury.

"While it might seem surprising to see such a spike in arrests for fraudulent auto accident claims, the reality is that such offenses are far more common in tough economic times," said Musca.  Musca explained that the rate of theft and fraud arrests tend to rise during times of high unemployment or inflation.  "People sometimes make decisions that arise out of a moment of financial desperation that haunts them long into the future.  This is often a situation where good people with no criminal history commit acts of financial desperation," said Musca.  "It is very important that defendants like this who have no past exposure or familiarity with the criminal justice system get prompt and qualified criminal 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 the situation without an aggressive attorney fighting for your rights every step of the way.  Contact Musca Law immediately.

Poor defendants also face the obstacle of not being able to prepare their defense adequately.  Miami-Dade public defenders are not even in the same building as defendants so consultations are limited at best.  Further, the court has little time to spend on each case so defendants typically have little chance to assist in their defense.  Poor defendants who are forced to remain in custody because they cannot afford bail end up pleading guilty as opposed to languishing behind bars as they wait sometimes weeks just to be formally charged.  This is even more troubling because national studies indicate that defendants that remain in custody with charges pending are far more likely to plead guilty then defendants who are free while charges are pending.

Article I, section 14 of the Florida Constitution provides that every person who is not charged with a capital offense or an offense punishable by life is entitled to pre-trial release on reasonable terms.  Florida criminal law also creates a presumption in favor of release on non-monetary conditions for persons not charged with violent offenses.  Release on one's own Recognizance (ROR) is rarely granted especially to poor defendants.  The pre-trial release program in Miami-Dade County is not functioning in accordance with these guidelines as fewer than one-third of those interviewed for pre-trial release actually received it during 2008.  Miami criminal defense attorney John Musca indicated a defendant has a much greater opportunity to confer with private counsel when facing criminal charges.  Musca also said it is important to try to obtain a defendant's release because simply being kept in custody can create pressure to plead guilty simply to obtain immediate release.

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.

Witnesses indicated that Diaz got out of Lexus, then opened Bracco's door and started to punch Bracco causing several teeth to become loose and his mouth to bleed.  Witnesses also told police that Diaz punched Bracco's girlfriend twice in the chest.  According to the police report, officer's noticed a strong smell of alcohol coming from Diaz.  Bracco's lawyer, who has also filed a civil suit, said, ". . . Mr. Diaz attacked my client while he sat in his car, dragged my client out of the car to continue the attack and then physically assaulted my client's girlfriend."  The police originally charged Diaz with a misdemeanor battery charge but upon investigation the prosecutor's decided to increase the charge to felony assault.

Prosecutors sometime will overcharge an assault case so that an experienced Miami criminal defense lawyer can have the charges reduced or dismissed altogether.  However, aggravated assault is a very serious charge, which can result in a jail sentence up to 5 years in jail and a fine of up to a $5000 fine under Florida criminal law.  Assault is defined as "an intentional threat by word, or act that seeks to physically harm another, coupled with an apparent ability to do so, which creates a well-founded fear in such other person that such violence is imminent."  Aggravated assault is generally an assault with a deadly weapon or with the intent to commit a felony.

Experienced Miami criminal defense attorney John Musca points out that it is common for prosecutors to "overcharge" assault or battery cases.  If the prosecutor charges an "aggravated" felony offense an experienced Miami criminal defense lawyer may be able to get the charges reduced to a misdemeanor or dismissed altogether.  While there may be additional facts that have not yet come to light, this case may be overcharged, as no allegations have come out that Diaz used a weapon, said Musca.

Musca Law provides the highest quality criminal litigation services to the residents of Miami.  Our Miami Criminal Defense Attorneys have successfully tried and defended, and appealed hundreds of cases in both State and Federal courts throughout Florida.  These cases include, but are not limited to, felony cases and misdemeanor cases, DUI, drug crimes, domestic violence, theft crimes, sex crimes, probation violations, white collar crimes, violent crimes and motor vehicle crimes.

The prior record long sentence for computer hacking of 13 years was handed down to a San Francisco man Max Ray Butler just last month.  Butler was convicted in relation to hacking into financial institution computer networks and selling the financial information obtained via an online forum.

Gonzalez previously pleaded guilty in two other hacking cases last year in which he was scheduled to be sentenced.  For his role in one of the prior cases involving Dave and Buster's restaurant chain, Gonzalez was facing a maximum of 20 years in state prison.  Gonzalez was facing 17-25 years for a third hacking case involving Heartland, 7-Eleven and Hannaford Bros. Supermarket chain wherein he was accused of stealing more than 130 million credit and debt card numbers.  Under the terms of Gonzalez plea agreement, all three sentences will run concurrently.

Word of the record sentence in the Gonzalez case spread quickly through the internet security community.  "The Gonzalez sentence sends a clear message to career criminals and organized crime outfits," said Michael Maloof of TriGeo Network Security.  "The Gonzalez case reflects the growing trend to aggressively prosecute cybercrimes," said Miami Criminal Lawyer John Musca.  "This case shows that if a person uses a computer to steal or provide the tools to others to do so, you can go to jail for a very long time," said Musca.  These cases can often involve technologically sophisticated evidence explained by computer experts so you should retain an experienced cybercrime lawyer if you are charged with a Miami cybercrime under Florida criminal law.

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 the highest quality legal representation on your side, it is possible to put these changes behind your 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.

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 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.

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.