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.

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.