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.