Miami Criminal Lawyers Blog

The use of social media networks has exploded in recent year, but many users do not realize that social media has become a frequently used tool of law enforcement agencies.  A recent presentation by the Department of Justice to its employees explained how social media sites could be used to gather information about suspects regarding the suspect's location, motives, personal relationships and alibis.  The Electronic Frontier Foundation (EFF) has obtained internal documents from the Justice Department and IRS, which describe the ways that the agencies use social networking during investigations.  If a person posts information on public sites such as Facebook, MySpace or Twitter, law enforcement has access to the information the same way that one's friends and family have access.  The Department of Justice will go further using legal procedures to get access to a social network's private information about users.

"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 President of a Miami based company has pled guilty to monetary transactions connected to a plan to bribe former Haitian telecommunications officials.  Jean Fourcand admitted to receiving funds that originated from U.S. telecommunications companies for the benefit of an official with Haiti's state owned telecommunications company. 

Fourcand admitted that some of the funds were sent to an intermediary company J.D. Locator Services Inc.  The president of J.D. Locator previously pled guilty to conspiracy to commit violations of the Foreign Corrupt Practices Act (FCPA) and money laundering.  Fourcand also admitted that Robert Antoine a prior official at Haiti's telecommunications company was a recipient of bribes.  Antoine was also indicted for money laundering conspiracy and was subsequently arrested and forced to leave Haiti to answer to the U.S. charges.

In carrying out the scheme, J.D. Locator would write checks to Fourcand, which would contain a fabricated invoice to create the false impression that the payment was for legitimate services.  In reality, the money was intended to be diverted to real estate transactions for the benefit of Antoine.  Fourcand faces a maximum term of 10 years in prison and a fine of $250,000 or twice the value of the property involved in the transaction.

Prior to Fourcand's guilty plea, Antoino Perez who was the controller of a U.S. telecommunications company also pleaded guilty to conspiracy to commit (FCPA) violations and money laundering for paying bribes to former officials of the Haiti telecommunications company.

White collar criminal investigations and prosecutions threaten companies with serious consequences and the tactics of a criminal investigation which include grand jury subpoenas, search warrants, undercover informants, unannounced visits from law enforcement agents and even wiretaps.  These tactics are unfamiliar and highly unsettling to most companies and individuals but can themselves lead to criminal penalties when handled unwisely.  Effective representation in a white-collar criminal prosecution requires not only knowledge of the law but experience with the offices and agencies that enforces them according to Miami criminal defense lawyer John Musca.  "The federal authorities increasingly pursue white-collar crime very aggressively.  These are complicated cases that are difficult to defend so it is important to have an experienced white-collar attorney on your side," said Musca.

Federal agents arrested three Miami men on illegal smuggling charges alleging the funds generated by the operation were being diverted to the Middle East terrorist group Hezbollah.  The men are accused of exporting Sony Playstation video game systems to a shopping mall in Paraguay that U.S. officials believe is a front organization that provides financial support to the terrorist group Hezbollah.

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.

The pre-trial release system in Miami-Dade County results in those who are poor being much more likely to plead guilty simply to avoid certain consequences that may occur if they attempt to fight their conviction.  Poor suspects are faced with the choice between pleading guilty and receiving a criminal record and a fine in exchange for time served.  Alternatively, poor suspects can maintain their innocence and stay in jail because they cannot afford to pay 10% of the bail amount necessary for their release.  Because poor defendants cannot post bail, they face enormous pressure to plead guilty for time served so they can go home and avoid the loss of their job.

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.

 

The founding and managing partner of a Miami law firm has been charged with felony assault for his involvement in a road rage incident on December 18 near the Publix Super Market parking garage at Mary Brickell Village.  The police report indicates that attorney Michael J. Diaz Jr. was a passenger in a Lexus, which was obstructing the entrance to a parking garage, when Bracco used his horn and drove around the Lexus.  Bracco engaged in a verbal exchange with those in the Lexus.

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.

A Miami man received the longest sentence ever handed down to a computer hacker for a cybercrime.  Albert Gonzalez was sentenced to 20 years in state prison for being the ringleader in a network of cybercriminals that stole tens of millions of credit and debit card numbers.  The ring hacked into TJX, which owns T.J. Maxx, BJ's Wholesale Club, OfficeMax, Boston Market, Barnes and Noble and Sport's Authority.  Gonzalez faced a maximum of 25 years in prison if convicted on these hacking charges.

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.

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.

Three Miami-Dade police officers arrested a repeat convicted felon, but the officers allegedly lied about the circumstances of the arrest.  The case has been dismissed with the officers facing indictment for obstruction of justice and perjury charges.  Officers Alkibiades Dodge and Sergeant Waell Majed Farraj were indicted in federal court.  The third officer, Jorge Luis Gonzales, is on vacation in Cuba and has indicated he will surrender when he returns next week.

The three officers arrested Pedro Marte, a drug dealer and repeat convicted felon, for illegally carrying a handgun early last year.  The officers claimed they pulled Marte's car over on 27th Avenue and found the gun hidden under the car's hood.  The officers also said that Marte consented to the search and waived his miranda rights.

However, prosecutors argue that the officers' statements about the circumstances of Marte's arrest are lies.  According to prosecutors, the officers' story began to fall apart when the GPS on the officers' patrol car showed the Marte's arrest happened at a different location.  Based on the discrepancy, the case against Marte was dismissed.

Some have lamented the dismissal of the case against a repeated felon and drug dealer.  John Musca, who frequently handles criminal cases in Miami pointed out, "Obviously, I do not know whether or not the officers' testimony was truthful, but the consequences of having officers lie about the circumstances of an arrest is something a court takes very seriously."

The officers' attorneys insist their clients were truthful about the arrest of Marte.  "They did nothing more than arrest a one-man crime wave, a scourge on the community.  Pedro Marte is a violent, drug-dealing criminal that they arrested with a gun," said one of the officers' attorneys.  One of the other defense attorneys said, "To indict these officers - and if they convict them, they will go to federal prison - is atrocious.  I think it's an abomination."

 

 

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 that will watch out for you.  Contact Musca Law for a free, comprehensive review of your case.

Lake County Sheriff's Officers took Laura Maria Caballero, who is known as "Sister Mary" by parishioners of the Filumena Catholic Church in Eustis, into custody for allegedly disappearing with 2-year-old Maria Lopez-Vazquez and hiding her from her parents for six months.  Caballero was arrested in Miami when she returned from Argentina last month.  Caballero is charged with false imprisonment and interfering with child custody.  She is free on $10,000 bond.

Sheriff's investigators executed a search warrant on St. Filumena Catholic Church on Friday.  Caballero both works and lives at St. Filumena.  Investigators did remove items from the church but the items removed have not yet been identified. 

Caballero claims the entire incident was a misunderstanding.  "We have helped these people for two years," said Caballero.  "They dropped off this baby numerous times with us.  This whole thing is a misunderstanding.  These parents gave this baby voluntarily, and now they're lying." 

Caballero claims she took the child to protect her.  "This is very upsetting to me.  The truth is going to come out in court, and it not what they said, Caballero said, This baby would not be alive if we were not involved in her life."  The Department of Children and Families investigated a child neglect complaint against the parents last year.  However, the file was closed with no findings of neglect.

The mother of the child Adai Lopez-Vazquez disputed Caballero's claims saying, "We are good parents."  Lopez-Vazquez says Caballero is lying and that Caballero did not respond to attempts by the parents to contact her regarding their daughter.

Caballero was arraigned on Tuesday and entered a plea of not guilty.  "These are very serious charges.  Given the conflicting versions of the events, it would seem someone is not being truthful," said criminal defense attorney John Musca.

If you or someone that know that has been charged with a crime, you no longer have to worry about finding and aggressive criminal defense attorney.  Do not allow a criminal charge to destroy your life.  Act immediately.  Although, criminal charges can result in a large spectrum of implications in the State of Florida, Attorneys at Musca Law fight hard and are victorious in defense of their clients.  For further information visit www.muscalaw.com, where you can review the firm's current case list and obtain legal information. Musca Law is a full service criminal defense firm serving clients throughout the State of Florida.

Continue reading "Attorney Musca Comments on Sister Mary's Arrest for Taking Off with 2 Year Old " »

The arrest of Tony McDaniel following an altercation with his girlfriend on February 7 did not come as a surprise to the couple's friends, who were familiar with a history of domestic violence disputes between the couple.  The Miami Dolphin defensive tackle was arrested after the couple's friends, who witnessed the altercation, said the couple argued and McDaniel threw his girlfriend Alaina Smith aside snatching her phone and smashing it to the ground.

McDaniel told police that Smith was mad that he had arrived home in the early morning after a night of clubbing.  He claimed Smith slapped and scratched him.  He also claimed he used his forearms to block her blows and stop the attack.  He had scratches on his hands and fingers. 

Smith's version of the February 7 events was that she arrived home from buying breakfast for houseguests when McDaniel became upset that she had not answered the phone when he called her.  She claimed he grabbed her purse and shoved her to the ground where she hit her head as they wrestled for her purse.  She says she ran in the house and asked her houseguests to call 911.  She told police that when she came back outside that McDaniel took her purse and smashed her cell phone on the ground.  Smith declined medical treatment, and police did not see any evidence of head injuries, though she had scratches on her fingers.

The February 7 incident was foreshadowed by prior altercations between the couple.  In November, Smith and other guests called police about a physical altercation between the couple.  Smith claimed that McDaniel pushed her and grabbed her as she tried to climb some stairs.  McDaniel claimed that Smith smacked him in the face because he had come home from a night of clubbing in South Beach.  Smith also called the police on October 17 and told them she was afraid that McDaniel was going to lock her out of the home.

McDaniel was arrested on a misdemeanor battery charge as a result of the February 7 incident but was released the following day after posting $3500 bond.

 

 

Continue reading "History of Domestic Disputes between Miami Dolphin Tony McDaniel and Girlfriend Foreshadowed Player's Arrest " »

The Miami criminal case surrounding the murder of model Paula Sladewski after she left the downtown Miami nightclub Club Space on Jan. 22 will be featured during prime time on America's Most Wanted.  The popular Fox network show, which is hosted by John Walsh, will ask viewers to help identify a person of interest on Saturday at 9:00 p.m. on Channel 7.

Surveillance cameras show a club bouncer escorting Sladewski out of the building shortly after filming her boyfriend Kevin Klym being escorted out of the building following an altercation sixty seconds before.  Sladewski's body was later discovered in a North Miami dumpster burned beyond recognition.

Klym indicated that the man in the sketch could be the bouncer seen in the video escorting Sladewski from the building.  However, club owners are angry at this claim and indicated they believe that Klym is simply trying to divert attention from himself.  Club owners also expressed confusion over why the sketch being circulated by authorities did not seem to be based on information provided by the club doorman who saw Sladewski leave.  "The man in the sketch; we didn't identify that sketch," Klym said.  The man in the sketch may not be the murderer but the police would like to talk to him about the case.

The Sladewski case is just one of several Miami-Dade County cases recently featured on America's Most Wanted.  The Boca Town Center murders of Randi Gorenberg and Nancy and Joey Bochicchio have been featured on 4 episodes, but remain unsolved.  However, America's Most Wanted coverage had lead to the arrest of Paul Merhige, who allegedly murdered four family members on Thanksgiving, at a Florida Keys Motel.

Walsh commented on the Sladewski case saying, "It's going to be a tough case to break.  Somebody knows something about it.  If you're not comfortable talking to the North Miami Police, go to amw.com and leave your tip anonymously."

If you have been charged with a crime, legally you are presumed to be innocent until a judge or a jury has convicted you.   The prosecution holds the initial burden to provide convincing evidence that you are guilty, often known as proving guilt, "beyond a reasonable doubt," where the prosecutor will work with the police investigators in an effort to secure a conviction.

It is imperative to retain a competent criminal defense attorney that will evaluate and analyze every aspect of the investigation, that has led to an arrest as there is absolutely no room for mistakes when your freedoms are at risk.

 

 

 

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