Miami Criminal Lawyers Blog

Each year, millions of people vacation in south Florida to enjoy our sunny beaches, tropical weather and amusement facilities. Sometimes visitors to the area make a mistake, or have a temporary lapse in judgment and will find themselves involved in the Florida criminal process. These types of mistakes have serious consequences and will negatively affect your freedoms, liberties and ability to work.

Dealing with an arrest while on vacation can be overwhelming and time consuming. It is imperative to retain a local attorney to defend your constitutional rights in order to obtain the best possible outcome on your behalf. At Musca Law, we represent people who have been arrested or charged with all types of criminal offenses. In many cases of tourist arrest, we can avoid you ever returning to Florida, even for a court appearance.

A recent case in which we were retained involved a tourist accused of engaging in a physical fight with a woman peddling items on the street. When the police arrived at the scene, our client fled on foot. The woman told the police our client pushed her and had been verbally abusive. Police apprehended the Tennessee resident and charged him with Battery, Disorderly Conduct and Resisting Arrest. The man returned to Tennessee and failed to appear at a pretrial hearing. The Court issued a bench warrant for his arrest.

Our criminal defense attorneys filed a Motion to Set Aside the Bench Warrant and the Motion was granted; vacating the Warrant for our client's arrest. Our attorney successfully convinced the State they would be unable to meet the burden of proof to secure a conviction. The State agreed to dismiss the Disorderly Conduct Charge and our client did not get convicted of Battery or Resisting Arrest.

A bench warrant or capris, is an order issued by the Court in various situations when an individual has violated an order or requirement of the court. A bench warrant can be issued in both civil and criminal cases and differs from an arrest warrant. An arrest warrant is issued by a judge for the arrest of a person suspected of committing a crime. A warrant orders the police to find the offender, arrest them, and bring them before the issuing judge.

Discovering that a person has an outstanding warrant for their arrest can be a stressful and worrisome experience. Miami criminal defense attorneys at Musca Law represent defendants who have failed to appear in Court, resulting in a bench warrant. The knowledge we can provide of the local criminal justice system can help guide individuals through the process of having a bench warrant set aside, thereby maintaining their freedom.

A traffic infraction is what caused the Court to issue a bench warrant for one of our clients. He had inadvertently misplaced a traffic citation believing it was only a warning for speeding. Failure to pay the citation resulted in a D-6 suspension of his license. A D-6 suspension is a serious matter; basically it is when a judge tells the DHSMV to suspend a person's license. He discovered his license was suspended for nonpayment of the citation and a bench warrant was issued based on his non-appearance in court for the offense. The defendant was cited for Driving While License Suspended, in violation of Fla. Statute 322.031, a second degree misdemeanor.

Our attorney's motioned the Court to set aside the bench warrant. We communicated with the State Attorney in this case and he had no objection to our Motion. The bench warrant was set aside and adjudication was withheld on the violation of Driving While License Suspended.

Violation of Probation Defense Attorneys at Musca Law strive to protect their client's freedom and provide committed legal representation to persons who have been arrested for probation violations. Probation is court ordered legal supervision given under certain circumstances when a person is found guilty of some eligible types of crimes. When an individual is placed on probation they are advised of the conditions they must comply with during the probation period. A Probation Officer is assigned to monitor compliance. Should a violation occur, the Probation Officer will initiate a procedure to arrest the probationer.

There are two types of probation violations, technical and substantive. A technical violation is any violation of either the general, or special, conditions of the probation. Some examples include: failure to pay court costs or fines, missing a probation meeting, or change of address without permission. Substantive violations occur when the probationer commits a new criminal offense. Violation of probation is a serious offense. Penalties for violating probation can result in a judge revoking probation. If a judge revokes probation, Florida law allows the judge to impose the maximum penalty for the charge.

When a US Navy recruit was charged with violating the terms of his probation in Monroe County, he turned to Miami's premier criminal defense firm, Musca Law. His 12 month probation period for DUI involved meeting certain terms. He failed to meet those terms and had technical violations to his probation. A warrant was issued for his arrest and the State Attorney recommended 60 days in jail. Our highly-skilled defense attorneys entered negotiations with the State on behalf of our client. After we submitted evidence that the defendant completed requirements of his probation, the Court dismissed the violation and closed the case.

Palm Beach Sherriff Deputies patrolling off of Peanut Island pulled up to a 22 foot open vessel and confronted the young woman holding a beer can. When the police asked her how old she was, she responded 18 years old. The college student, vacationing from Virginia, was interviewed by the police and issued a citation for violation of Florida Statute 562.11, Under Age Possession of Alcohol.

Florida law prohibits the sale of alcohol to persons under the age of 21. Possession of alcoholic beverages by a person under age 21 is also illegal. First offense for underage possession of alcohol is a crime punishable by up to 60 days in jail and a fine of $500.00.
College students and other young adults facing criminal charges have a lot at stake. Criminal conviction can result in serious consequences and may jeopardize school loans, scholarships, college admission, employment and other future opportunities. It is important to take proper action and contact an experienced criminal defense attorney in these matters.

The Virginia student recognized the need to retain local attorneys and turned to our Miami criminal defense team at Musca Law. Our attorneys have extensive experience dealing with tourist criminal defense. Our local attorneys can help so the defendant may not have to come back in town for court appearances. We use diligent efforts to get tourist criminal charges reduced, or dropped, so there is no record of criminal conviction that can damage a promising future.

On behalf of our client we negotiated with the State Attorney assigned to her case. Our client completed a diversion program and our Miami attorneys successfully convinced the State to file a Nolle Prosse, meaning the charges were dropped. This demonstrates how the right criminal defense can minimize consequences. 

When Glades County Sheriff Officers were dispatched to a domestic violence call, the female resident made fierce allegations against her ex-boyfriend. She claimed he had come to her house to pick up their 1 year old son and they got into an argument. The dispute caused his temper to flair and she said he hit her in the face, leaving her lip swollen and cut. After striking her he took their son and left. The police searched the area and could not find him. Two days later they received a call from the woman letting them know the suspect would be returning to her home with their son. The police returned to her apartment, arrested her ex-boyfriend and transported him to Glades County Jail. He was charged with Battery Causing Bodily Harm and a No Contact Order-except child visitation, was issued.

The accused, a Mexican citizen with poor English comprehension, told the police he could not understand them. The 29 year old construction worker had no prior history of domestic violence. He had known the woman for six years and they owned a home together. When their relationship fell apart, she moved out and was currently living with another man. They agreed that he would remain living in the home and he had visitation rights with their child.

Domestic disturbance calls frequently result in the police removing and arresting the husband, ex-husband or boyfriend. Especially in cases where the couple does not live at the same residence, police make an arrest on domestic charges in order to diffuse a situation and prevent further problems. Even in acts of self defense, police are more likely to see a man as the aggressor.  A conviction of domestic battery can create problems in getting and maintaining a job. It is important to retain experienced lawyers to fight allegations of domestic violence.

The attorneys at Musca Law act immediately to investigate what happened during domestic dispute arrests, in order to formulate an aggressive defense to unwarranted charges. As a former prosecutor, Attorney John Musca understands how these cases are processed, and leads his team of experienced Miami criminal attorneys with insight on what needs to be done to have the charges reduced, or dismissed by the prosecutor. Attorney Musca speaks fluent Spanish and has attended international language and legal studies overseas at the world-renowned "Instituto Internacional" in Madrid, Spain. Clients with language barriers feel comfortable retaining John Musca as their lawyer.

The defendant claimed he was attacked by his ex-girlfriend and she scratched his face. He said she called him constantly leaving threatening messages. On one occasion she violently attacked him and tore his shirt. After the arrest she left messages on his answering machine flaunting that she had him arrested intentionally. On the tapes she admitted that she scratched him on the face before he hit her. During depositions it was evident that she had changed her story to the police. In situations of "he said, she said", having documentation of what happened helps establish actions of self-defense, or that the allegations are false. It benefited our client that he did not erase the threatening phone messages his ex-girlfriend had made. In light of the supportive evidence presented in the defense of our client, the Court dismissed the case for insufficient evidence.

A black Toyota sporting an out of state license, a broken windshield and a missing front bumper was enough to create suspicion in Miami-Dade police officers of criminal activity. The official police report stated the automobile matched the description of a vehicle used in an armed robbery the night before.

The traffic stop resulted in the arrest of 3 individuals, one of them being a 29 year old, disabled individual, who was on vacation in Florida. Charges against the Indiana resident included: Grand Theft in the 3rd Degree, possession of stolen property and possession of a controlled substance in violation of Fla. Statutes Section 893.13(6)(a). 

The out of state resident, whose health was not well, turned to the legal defense team at Musca Law. Our firm was able to get quick results and the felony charge of Grand Theft in the 3rd Degree was dismissed. In the State of Florida, Grand Theft in the 3rd Degree carries a maximum penalty of 5 years in prison. The out of state resident still faced serious drug related charges but was relieved to have local criminal defense attorneys fighting on his behalf.

The defendant returned to his home state of Indiana but because of debilitating health problems was unable to return to Dade County to attend Plea hearings. The Court issued a bench warrant which would allow law enforcement officials of any jurisdiction to take the defendant into custody. The Court also estreated, or forfeited, the defendant's bond for failure to appear at the Plea hearing.

Once again, our criminal defense attorneys moved quickly motioning the Court to set aside the bench warrant and reinstate the defendant's original bond. The Court found good cause had been shown in the Motion. The Court agreed with the legal defense presented by our attorneys, that the defendant's failure to appear was unintentional and he had extenuating circumstances because of his health problems. In addition, the fact he had maintained representation with a local attorney appearing on his behalf at the Plea, was enough for the Court. The Court determined the defendant's absence did not cause any disruption or delay to the disposition of this cause. The bench warrant was dismissed and the original bond was reinstated. The bond agency had no objection to reinstating the original bond while the Court proceedings on the drug related charge continued.

Our experienced Miami lawyers had further success in representing the defendant on the drug related charge. Our attorneys successfully negotiated a "withhold of adjudication" from the Prosecutor pursuant to Section 948.01, Fla. Statutes. In other words, there was no conviction, no finding of guilt on the possession of controlled substance charges.

Being arrested is a stressful experience, let alone being arrested while on vacation. The increase in the number of tourists arrested on vacation in Florida gave rise to the slogan, "Come on Vacation - Leave on Probation".  The best way to combat charges in a tourist arrest is to retain an attorney who knows the local courts and what can be done to maintain an effective defense strategy. 

If you or a loved one becomes involved in a tourist arrest while vacationing in Florida, contact the rock solid criminal defense team at Musca Law to ensure a successful defense strategy is presented on your behalf.