Miami Criminal Lawyers Blog

Two days into the sentencing hearing of Kobie Gary, the son of famed attorney Willie Gary, the hearing came to an abrupt halt when the main DEA agent fainted and hit his head while under intense questioning by a member Gary's defense team.  Gary previously pled guilty to conspiracy to manufacture and distribute more than 100 marijuana plants.  Federal agents allege Gary and co-defendants Stephen Shepherd, Scott Gibson, and David Grant ran an operation that netted 227 plants, which were seized at the time of Gary's arrest.

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.

 

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.

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" »

Doctors discovered 19 drug filled balloons inside a teen after he suffered multiple seizures inside the Miami airport. The teen, 18-year old Joseph Wilco, was on a layover in route to return to New York after a trip with his father in Ecuador. Wilco did not make his connecting flight because he collapsed with seizures. Medics transported him to Jackson Memorial Hospital.

Doctors could not find the cause of the teen's seizures until Wilco's mother suggested that they x-ray her son's stomach. The physicians found 19 cocaine and heroin filled balloons inside the teen's intestines. Wilco had attempted to smuggle the drugs inside the United States when something went wrong.

Wilco's father whom he was visiting in Ecuador is a convicted drug dealer. The United States had deported the father back to Ecuador. Wilco remains inside the Intensive Care Unit and is unable to breathe on his own. There is no prognosis on his condition and no information on whether criminal charges will be filed against the teen.

 

Continue reading "Teen with Seizures Found with 19 drug balloons in his System" »

The first accused criminal to be extradited from Denmark into the United States will face charges in Miami this week. U.S. Marshalls arrested the defendant, Camilla Broc, in her home country of Denmark. She will face Federal Court on felony charges of importing MDMA or "ecstasy" pills into Miami.

Broc had been under investigation for smuggling drugs from June 1997 through February 1998. Over ten years later, authorities from the Drug Enforcement Administration field office will finally press charges against the defendant. The federal government stressed that no amount of time will prevent the arrest of accused drug traffickers.

 

Continue reading "Woman Extradited to Miami to Face Drug Trafficking Charges" »

North Miami Beach- An off duty Miami police officer was shot and killed on Tuesday, January 8, 2008 while parking his unmarked vehicle near Northeast 164^th Street and 18^th Avenue in North Miami Beach.   Detective James Walker, 30, was found in his car penetrated with bullet holes.

While in the area Walker encountered a shooting in progress.  In an attempt to take action Walker took fatal shots from an AK-47assault rifle.  The suspect was identified as an active member of a notorious gang in North Miami Beach. His case goes to trial in September.

Walker's murder fostered a mutual local and federal operation to fold up gang activity in the North Miami Beach area. The North Miami Beach and Miami police departments furthered with the FBI have made 36 arrests since the onset of the operation, resulting in a prodigious gang bust with charges that include but are not limited to drug dealers pillaging from one another, marijuana possession, cocaine sales and illegal weapons trafficking.

Gang violence has become prevalent in an impecunious neighborhood in Miami known as "Little Haiti". Violence is heightening in this community from drive by shootings to shootings on the private property of residents.  In the past year or so there have been an estimated 40 ruthless home invasion robberies with arrests made relating to drug conspiracies deriving from a few of the home invasions.

Florida enacted the Street Terrorism Enforcement and Prevention Act", in October 1990 which includes three linked definitions: "criminal street gang," "pattern of criminal gang activity," and "participation in criminal street gang."   Crimes associated with any of the three patterns include assault with a deadly weapon, robbery, homicide, narcotics trafficking, arson, shooting at an inhabited building, or vehicle, and intimidation of victims or witnesses.

Anti-gang laws have become tougher in the state of Florida.  With recently added provisions that aim at gang organizers making it a first degree felony punishable by life imprisonment for instructing criminal gang activity.  Included are stringent witness protection laws by using the underlying criminal act as the starting touchstone for tampering and harassment penalties. 

Prosecutors determine the most effective strategies for arresting and detaining each individual involved in gang related offenses.   If you have been accused of being in a gang or connected with gang related activities you need an experienced Criminal Gang Attorney to defend you.  Our Criminal Defense Lawyers have assisted many clients accused of being in gang related offenses in Florida.  Call to speak with a Criminal Gang Attorney at Musca Law.  We will then discuss the facts of the case and advise you of your best possible your options.

Methamphetamine in its most potent form is often called crystal, although it is also known as ice, and by other slang names. Meth is a highly addictive drug, which accounts in part for its rise on the streets of Florida over the past 25 years. It is more addictive when taken intravenously (by injection) and when the user smokes the drug. Meth is also taken by snorting, according to Miami drug lawyer John Musca. Occasionally, users may use the drug in a suppository form, which may cause the effects to linger longer. When taken in one of the more common methods, the user's experiences generally last approximately 16 hours, although that number varies by factors like amount taken, method of ingestion, and potency of the drug. Meth is also relatively inexpensive to obtain.

The drug stimulates the central nervous system of the person using it. Blood pressure rises, as does the heart rate, which can make meth very dangerous for people who have underlying health conditions. The physical effects of the drug can also include dry skin, acne, flushing, blurred vision, and even anorexia. Particularly harmful effects include the possibility of the user suffering cardiac arrest, convulsions, or stroke, all of which can cause death. Meth is regarded as one of the more dangerous street drugs due to those dangerous side effects.

Methamphetamine produces a combination of psychological effects, which range from euphoria to paranoia and aggression. Unlike some other street drugs, like opiates and even cocaine, meth is not approved in most countries for legitimate medical issues, for which the drug is taken after a doctor provides a prescription. It is available in one form within the U.S. by prescription, however, under the pharmaceutical name Desoxyn. Desoxyn is manufactured for the treatment of Attention Deficit and Hyperactivity Disorder.

Methamphetamine, which is also known by street names including like ice and crystal, is considered to be relatively simple to manufacture, says Miami criminal attorney John Musca. The ease of manufacturing, or "cooking" meth, along with its low price tag and high addictive properties, have resulted in widespread use of the drug. Although it originally started in the southwest part of the United States - especially the San Diego, California area - production and use began increasing in the 1980s through the South and the Midwest. Now, possession and trafficking are widespread law enforcement concerns.

In response to the increased usage, states and the federal government alike began to criminalize implements used in the production of the drug. Meth (Florida Statute 893.02) is produced using relatively easy to find components, aided by common household tools. For example, the drug requires the use of pseudoephedrine, which is known by most people as an over-the-counter nasal decongestant with the brand name Sudafed. In recent years, it has become increasingly difficult to purchase pseudoephedrine, as states compile lists of who is purchasing the drug and place restrictions on the amount any one person can buy within a month.

Salt, which almost everyone has in the kitchen or on the dining room table, is another easy to find component. Acetone, while perhaps less commonly known to many men, is used as a nail polish remover and is available for less than one dollar at most drug stores. Similarly, rubbing alcohol is an inexpensive item to obtain - and one which most people already have in their home first-aid kits.

Simple items required for the manufacture include aluminum foil, a blender, paper towels, rubber gloves, funnels, and baking dishes, which are all common household items. Studies suggest that the typical methamphetamine "cook" will instruct 10 other people in how to manufacture the potent drug, which has made the rise of meth a nightmare for law enforcement agencies.

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

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

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

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

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

The Miami criminal defense lawyers at Musca Law have followed the winding, tragic case of Anna Nicole Smith over the past few years. Smith, who was born Vickie Lynn Marshall, died two years ago from a drug overdose at the Seminole Hard Rock Hotel and Casino here in south Florida. The case attracted national media attention, as well as significant negative coverage for her partner, Howard K. Stern, an attorney not to be confused with famed comedian Howard Stern.

Howard K. Stern is in the spotlight again, says Miami criminal attorney John Musca. Stern has been charged with conspiring to provide Smith with controlled substances in California. Prosecutors have also charged two physicians for providing Smith with drugs, as well. Stern was taken into custody, but he is now out on a $20,000 bond for his drug charge. The doctors charged in the case, Sandeep Kapoor and Khristine Eroshevich, allegedly knowingly wrote prescriptions for Smith using fake names. If they are convicted, Miami criminal attorneys say both could lose their licenses to practice medicine. Additionally, Stern and the doctors face the possibility of years in prison if convicted. Nonetheless, they maintain that Smith's best interest was always the foremost consideration. ''Dr. Eroshevich did her best to help the patient while protecting what little privacy Anna had left. Any actions were done with the patient's well-being in mind and were certainly not criminal," says Eroshevich's criminal defense lawyer in California.

Anna Nicole Smith was only 39 years old at the time of her death. She had two children, one of whom predeceased her by a matter of months. Daniel Smith was 20 when he died in the hospital where his mother had given birth to a little girl, apparently from a deadly combination of drugs including the opiate methadone. The baby, Dannielynn Birkhead, was born just three days before her brother's death. Dannielynn was later the subject of a well-publicized and bitter paternity dispute between several men. Ultimately, Larry Birkhead established paternity and Dannielynn now lives with him.

The original article can be found here.