Miami Criminal Lawyers Blog

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.

 

 

 

Continue reading "Miami Club Murder Featured on America's Most Wanted " »

Miami - A former investigator for the Office of Financial Regulation and the Department of Children and Families Office of the Inspector General ordered and purchased two videos of a child engaged in sexually explicit conduct from a Web site based in Europe.   After an investigation additional images and videos were found on his computer.

He has been sentenced to more than six years in prison for possessing child pornography.  His attorney declined comment and an Office of Financial Regulation spokesman also declined to comment.

In an attempt to protect children from exploitation, lawmakers and law enforcement officials have created a situation that can put innocent people at risk of conviction.  The consequences of a conviction on a possession of child pornography charge are severe and permanent.  You will be required to register as a sex offender where you will have to alert authorities each time that you move, and often difficulties obtaining employment arise.  Not to mention a lengthy jail sentence.

If you are being investigated or have been charged with a sexual assault or child pornography it is essential that you retain an experienced attorney to protect your rights.  You need an aggressive criminal defense attorney early in the process, ideally before the charges are brought. 

Contact Musca Law to discuss your case.  Attorneys at Musca Law know that the stakes are very high.  Your reputation and your family are on the line.  You can be assured that Musca Law will diligently work to keep you out of prison and minimize as much as possible the consequences of your child pornography charge.

 

 

 

Miami-Dade Schools Police reported that a computer technician at a Middle School has been arrested and charged with having sex with a 13 year old student at the school.

The 22 year old computer technician admitted to a consensual relationship with the student during winter break.   Although there were at least seven acts with the victim, there is no evidence that there are any other victims in this case. 

In a statement made by a Police Chief, "It wasn't a predatory act in the sense that it was forced or sexual battery. There was an element of consent on the juvenile's part, as much as a minor can consent".  In another statement made by a Miami-Dade Police Chief, "This has no room in our school system".

The suspect was arrested and charged with seven counts of lewd and lascivious conduct on a minor.  He is currently out on a $7,500 bond and is no longer an employee for the Miami-Dade School system.

It is considered a felony offence when lewd conduct involves a minor.  When the behavior is intended to arouse the sexual libido of the adult or the child, you will more than likely be charged with a felony crime of lewd conduct.

With overwhelming pressure from the public many prosecutors will go to the extremes to secure convictions in these cases.  If you have been arrested and charged with a lewd and lascivious behavior it is essential that you contact an aggressive Miami criminal defense attorney immediately.  At Musca Law they will diligently defend your legal rights.

A woman was shot in the stomach at her home, after an argument with a man that also resides in the home according to police.

The woman was taken to the hospital where she underwent surgery, although her condition was not known at the time, she died shortly after.

In a statement made by a neighbor "I heard two shots, just two minutes apart".   A second man that resided in the house attempted to take the gun, where additional shots were fired however, they were able to detain the gunman.

The man has been arrested and now faces homicide charges.

Murder cases are unlike any other criminal case.  The stakes are high and test both the accused and the lawyer. Prosecutors habitually charge individuals with first-degree murder when the allegations, at most, support a charge of manslaughter. An experienced defense lawyer can be counted on to properly analyze the prosecutor's evidence, to offer solid advice, and to skillfully attack the prosecutor's evidence at trial.

When your freedom, your reputation, and your permanent criminal records are at stake, you want Musca Law on your side. They can handle the defense of all violent crimes, state or federal.  If you have been charged with a violent crime contact Musca Law to schedule a free confidential consultation with an experienced Miami violent crimes defense attorney. 

Man charged in a sex slave scheme was ordered to be held in the county jail on $201,000 bond relative to kidnapping, attempted sexual battery, aggravated stalking, and threatening to extort money from a woman, using nude pictures.

The 44 year old man, used blackmail to force the victim to commit a sexual act with him. The victim was contacted with a request for a ride to pick up a vehicle at an auto repair shop. Due to the fact that the two have been long standing friends the victim did not feel as though there would be any danger in doing so.

The victim then followed the man to his home after an invitation to do so. At this point the victim was then grabbed from behind and handcuffed. After a struggle, the victim proceeded to make an attempt to talk the man out of the attack.

After an investigation into the incident it was determined that the attacks had been plotted over a period of time. That the man was not only wanted to have sex with the victim, but he wanted to take photographs in order to sell them on the internet.

If convicted the man could face up to 30 years in prison.

Criminal charges for sexual assault, rape, internet solicitation and other sexual offenses can destroy your reputation and most importantly your future. When charged with a criminal offense it is essential to have an experienced attorney on your side who will advocate aggressively for your rights. At Musca Law, we believe that anyone accused of a crime deserves the strongest and most effective defense possible. Contact Musca Law for an initial consultation, so we can provide you with the best possible outcome.

Miami-Dade high school reported that a 14 year old student brought a loaded weapon to school. The Police were called by a counselor at the School for Applied Technology, an alternative school after a student made a threat against another student.

After the students book bag had been searched by an officer that was called to the scene, a loaded 9 mm handgun was discovered. The teen was immediately arrested and charged with possession of a weapon on school grounds.  He was then transported to the Juvenile Assessment Center.

This is not the first incident of possession of a weapon at the School for Applied Technology.  There was an incident approximately four years prior involving the school's principal.  He was arrested for threatening another teacher with a firearm on school property.

Florida Statute 790.115 states: A person shall not possess any firearm, electric weapon or device, or other weapon as defined in s. 790.001 (13), including a razor blade or box cutter, except authorized in support of school sanctioned activities, at a school-sponsored event or on the property of any school, school bus, or school bus stop.

Possession of a weapon on school grounds can be a complex matter.  If you or someone that you know has been charged with possession of a weapon on school grounds the experienced lawyers at Musca Law can help.   Your freedom is too valuable; do not risk losing your independence and reputation by engaging less experienced legal representation, contact a Miami criminal defense attorney at Musca Law firm to schedule a free confidential consultation: (800) 678-2252.

 

 

 

Last April a Miami couple had been indicted on approximately 58 counts of operating a prostitution ring, money laundering and tax fraud.  The couple had used their escort service as a cover up according to investigators.  The couple has now accepted a plea of guilty from federal prosecutors. 

The couple maintained an adult internet website entitled "Sweeties.us."  Ads were also placed in local newspapers looking for "models" and "phone operators."   Both individuals were responsible for interviewing and hiring prospective escorts and telephone operators.

In court documents it has been stated that customers would call relative to scheduling appointments with an escort in a wide range of service prices and service areas, including local and non local hotels.

Cash profits went unreported to the IRS to include overstating business travel deductions.  Included in the plea deal an agreement was made to pay the federal government more than a million dollars.

The couple faces a maximum of five years in prison for conspiracy and a maximum of three years for filing a false tax return.

Prostitution rings and tax evasion are serious crimes in the State of Florida.   While every situation is different the hiring of a lawyer is an important decision.  You will need the advice of an intelligent and reputable attorney. 

With over 100 years of combined experience Attorneys at Musca Law have dedicated themselves to protecting the rights of the criminally accused.  Driven by the highest standards of professionalism Musca Law strives to deliver results for their clients in all areas of criminal law.  Musca Law attorneys are available to respond to emergencies with a staff that can also accommodate Spanish speaking clients.

If you or a loved one has been charged with a crime, contact a Florida criminal defense attorney at  Musca Law firm to schedule a free confidential consultation: (800) 678-2252.

A Miami-Dade home was robbed over the weekend by a group of men posing as police officers.

The men knocked on the door when a 71-year-old man was knocked to the ground, and a 36 year-old-man was pistol whipped. 

Two of the men had been wearing masks however none had police badges, or any other items that contained a police insignia.

Once inside the home, two women were made to get down on the floor, to then be forced to hand over money and other valuables. Both men in the home had been treated for minor injuries at an area hospital.

Two vehicles were also stolen, a Cadillac Escalade and a red Ford Explorer. 

Home Invasions implicate a burglary of an occupied dwelling, using a weapon to harm or threaten. Usually Home Invasions include the commission of other crimes including theft or battery. It can be punishable by life imprisonment.

The State of Florida has strict laws relative to Home Invasions.

812.135 Home-invasion robbery.

(1) "Home-invasion robbery" means any robbery that occurs when the offender enters a dwelling with the intent to commit a robbery, and does commit a robbery of the occupants therein.

(2)(a) If in the course of committing the home-invasion robbery the person carries a firearm or other deadly weapon, the person commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If in the course of committing the home-invasion robbery the person carries a weapon, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) If in the course of committing the home-invasion robbery the person carries no firearm, deadly weapon, or other weapon, the person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 

A criminal conviction will not only affect your future it will follow you for the rest of your life.  Do not hesitate involving an attorney, the sooner an attorney is involved the better the results.  When there is an investigation involved, evidence can be mishandled.  An experienced and diligent criminal defense attorney will scrutinize all of the evidence involved.

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

An officer with the Broward County Sheriff's department has been arrested on criminal charges. The deputy, 34-year old Manuel Silva, is accused of burglary, armed extortion and drug possession. Silva is accused of illegal possession of oxycodone and other prescription medications without a doctor's prescription. The department has not released any information on whether or not the crimes were committed while Silva was on duty.
He is a nine year veteran of the sheriff's department. The Broward County Sheriff's office has not released any information with regard to administrative disciplinary action against the defendant. Silva is currently being held in jail without bond.
   

Continue reading "Attorney Musca Discusses the Arrest of Officer for Burglary and Drug Possession" »

A Hollywood man has been sentenced to life in prison for a sexual battery conviction on a child under the age of 12. The defendant and former friend of the victim's parents, 52-year old Kenneth O'Brian, stayed at the home of the victim for a period of time. In September 2008, the father of the victim allegedly walked in on a naked O'Brian in bed with his son.

The defendant denied all of the allegations and pled not guilty to the six counts of sexual battery on a child under the age of 12. The State had no DNA or forensic evidence, but did have the witness testimony of the victim's father who walked in on the act. The Court convicted O'Brian and sentenced him to life in prison.

Pursuant to Florida Statute 794.011, sexual battery on a victim under the age of 12 is considered oral, anal or vaginal penetration by another. This definition also includes the use of objects by an offender. The crime of sexual battery on a child 12 years of age or under is a very serious felony offense. If convicted, the defendant will receive a mandatory minimum sentence of life behind bars.

 

Continue reading "Sex Offender Gets Life in Prison" »