Miami Criminal Lawyers Blog

Anita Devi Gerald was convicted of bringing an alien into the United States for commercial gain following her guilty plea.  Miami special agents of the U.S. Immigration and Custom's Enforcement (ICE) began investigating Gerald after receiving information that she was the leader of a human trafficking ring.  Gerald assisted India nationals in illegally obtaining entry into the country.  According to authorities, Gerald and her co-conspirators prepared false documents indicating that the undocumented aliens were farming experts whose expertise was needed in Belize.  The documents were used to obtain a Belizean visa so that the aliens could travel through many countries in route to the U.S.

Gerald pleaded guilty and faces a mandatory minimum sentence of 3 years in prison and a maximum sentence of 10 years in prison.  She also must pay a hefty fine of $250,000.  "Today's guilty plea puts another alien smuggling organizer out of business," said Assistant Attorney General Lanny A. Breuer of the Criminal Division.  "Traveling the globe seeking people willing to pay for illegal entry into the United States, this defendant sought personal riches in exchange for disregarding the immigration laws of our country."

According to the Department of Justice (DOJ), 1200 incidents of human trafficking were reported between January 1, 2007 and September 30, 2008.  The DOJ also reports that 83% of human trafficking involves sex trafficking while 12% of human trafficking involves labor.   "A conviction may result in criminal fines, imprisonment and forfeiture of vehicles or real property that is used to facilitate commission of the crime," explained Miami criminal lawyer John Musca.  A person who encourages or induces an alien to come to the U.S. even though one knows or recklessly disregards the knowledge that the alien is not legally authorized to enter the country is guilty of a felony.  The sentence for alien smuggling is a fine and up to ten years imprisonment. If the smuggling results in serious bodily injury or puts someone's life in jeopardy, the penalty is a fine and up to 20 years imprisonment. If a person's criminal smuggling results in a death, a person may be sentenced up to life in prison.

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

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 38 year old man has been arrested and charged with the sexual assault of a 91-year-old-woman. 

The man had entered the home of an elderly woman during the late hours.  When the woman woke to utilize the bathroom, she was attacked by the man.  According to the Sheriff's office the woman was tied up and then sexually assaulted. 

The woman had made a statement that she had lost her wallet, which held the spare key to her home.  Prior to the incident the woman had received a suspicious phone call.  After reviewing the phone records police determined who the suspect was.  Evidence collected including DNA linked police to the suspect in question.

The man is being held in the county jail and faces charges of burglary with battery, sexual battery and kidnapping.

There is no surprise that this crime evokes intense emotions as little tolerance exists for sexual offenders.   In the State of Florida sex crimes are taken very seriously and are subject to vigorous investigations by law enforcement.  If you are charged with committing a sex crime you will face aggressive prosecution by the state.

Being convicted of a sex crime can lead to an array of legal issues that can include, but are not limited to: jail time, hefty fines, community service, probation, court ordered counseling and restitution.  A conviction will also require you to permanently list your name on the state's sex offender registry.

If you have been convicted a sex crime in the State of Florida, you will need to retain an aggressive, experienced and professional criminal defense attorney.  The law offices of Musca Law can provide you with the direction that you need to fight your sex charges.

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.

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" »

A Miami area gynecologist has been charged with sexual battery on three minor victims. The accused, Dr. Hamilton Monteiro, has been practicing at Global OBGYN on Pines Boulevard and North Palm Avenue in Pembroke Pines for in the past two years. The victims came forward two years after the incidents have allegedly taken place.

The victims' ages at the time of the sexual offenses were 9, 10 & 11 years old. Dr. Monteiro is accused of trapping one victim in a bathroom and forcing her to perform oral sex on him and then watched her take a shower. The second victim claimed the doctor restrained her and then touched her inappropriately. The third and youngest of the victims stated to police that the defendant forced her to watch pornography.

 

Continue reading "Miami OBGYN accused of Sexual Battery on Three Girls" »

A former Coral Springs High School teacher has entered a plea in the sexual battery case against him. The once English teacher pled no contest to the charge of sexual battery on a minor victim between the ages of 12 and 17. The defendant, 42-year old Noygel "Tony" Massop, is accused of having a yearlong sexual relationship with 16-year old student. The alleged relationship took place between October 2007 and November 2008.

The parties allegedly had sex in Massop's locked classroom, in the boys' locker room, in a grassy area outside school and at the teacher's home. Massop admitted to the sexual relationship in a police recorded telephone call with the victim. In addition to teaching at Coral Springs High, Massop coached the J.P. Travella High School Boys' Basketball team. He has no criminal history or known disciplinary complaints within the schools.

 

Continue reading "Former Coral Springs Teacher enters plea in Sexual Battery Case with Student " »

 

Steve Brancik, 42, executive producer for the well known morning show "Paul and Young Ron" aired on BIG 105.9 has been arrested and charged with four counts of lewd and lascivious molestation of a person 12 years of age or older but less than 16 years of age and one count of lewd and lascivious exhibition .

Brancik also known as "Branzig" is accused of sexual assault on a boy for over a span of two years.  The boy now fourteen reported that the alleged sexual assaults took place at the boy's home or  Brancik's  home and started when the boy was twelve.

Due to legal implications the station's executives will not be making a public address at this time. However, Brancik has been terminated from his position.

Brancik is out of the Broward County jail on $43,000 bond.

Sex offender laws in the United States are the most rigorous of any other democracy. With Megan's Law, The Jessica Lunsford Act and the Adam Walsh Child Protection and Safety Act convicted child molesters are given lengthy prison sentences to then be placed on the sex offender registry when released to include the reporting of all email addresses and instant message addresses. 

Musca Law understands that the ignominy attached to a sexual assault conviction can be disastrous to not only one's reputation but to one's career.  At Musca Law we utilize our comprehensive legal experience to vigorously defend clients that are facing sexual assault allegations and various other sex crime charges. 

Broward- Jonathan Bleiweiss, 29, an award winning deputy
for the Broward Sheriff's Department, was arrested and charged
with 14 counts of false imprisonment, stalking and sexual assault.  An investigation into the allegations by the Broward Sheriff's Office sex crimes unit began in April when the Ft. Lauderdale Police Department was contacted by an attorney for two of the victims. 

In a statement made by Detective Graciela Benito "it is thought that Bleiweiss who is a seven year veteran has been assaulting victims since August of 2008."  The alleged victims are all undocumented immigrants that speak limited English and fluctuate in ages from 17-30. They come from either El Salvador or Mexico.  Countries where they harbor a fear of law enforcement, which made it easy for Bleiweiss to intimidate his victims.

Bleiweiss while in uniform and on patrol would pull his victims over in a fictitious traffic stop or he would move towards a victim while they awaited transportation from work. "He knew where these men worked and lived, and he followed them for some time before actually carrying out his plan" investigators said.  After interviewing residents at one apartment complex by the Broward Sheriff's Department it had been established that there was a coinciding pattern:  On multi-various occasions, Bleiweiss stopped his victim requested identification, and after determination that the victim was undocumented he would sexually abuse him.

Prior to being hired for the Broward Sheriff's Department, Bleiweiss had passed a series of exams and screenings to include a psychological screening and a polygraph test according to documentation filed by the human resources office.

Police officers are believed to protect and serve.   Policing inadequacies are going to eventuate, where mistakes will be made regardless of the training involved and the procedures that are in place.   However, there are a few police officers that will breach their code of conduct in formidable ways. 

Serious charges require a serious defense attorney.  Here at Musca Law we defend those that have been charged with an array of sex crimes to include; sexual assault, sexual battery, child sexual abuse and molestation.   Conviction of a sex crime is only the beginning of a severe drawn out process.   Being characterized as a "sex offender", will present a prison sentence, a lifetime registration on the sex offender registry, and repeated character assassinations.  If you are a policing agent that is being charged the stakes are even higher as you are no longer a protector but a predator.  You will be experiencing the criminal justice system from the other end, where it is vital to retain a criminal defense attorney who can contravene law enforcement and tenacious prosecution strategies.

Musca Law provides its clients with staunch representation where your rights and interests will be protected throughout the criminal justice system.

Chad Stoffel, a former music and math teacher at Summit Christian School, is arrested for engaging in sexual activities with a Wellington Christian School 16-year old boy in 2005. 

In April 2006, while out on bail, Stoffel surrendered to authorities and confessed.  He disclosed that he had befriended a 17-year old Summit Christian Student and his family, committing sexual acts with the boy 15 to 20 times between 2003 and 2004. 

Detective Robert Falbe reported that he had learned about Stoffel's relationship with the Wellington teen in February 2006. When a counselor at a religious retreat located in Memphis contacted him with information relative to Stoffel revealing he molested numerous young boys in South Florida.  Stoffel is charged with multiple counts of unlawful sexual activity with a minor as well as battery of a child. 

As a Miami criminal defense attorney at Musca Law Offices where do I come in?  I stand ready to represent a client facing such charges.  When is the best time to contact me?  Immediately, in fact particularly if the police approach is merely signaling an upcoming or ongoing investigation, before you even engage in a discussion with an officer.  If you have been charged with a crime in Florida it is important that you have experience, strategy and know how on your side.    

A Miami Lakes lifeguard has been arrested on charges of Computer Child Exploitation and Traveling to Meet a Minor. The accused, 34-year old Michael Woolf, allegedly spent the days prior to his arrest inappropriately speaking to a 14-year old girl on the internet. The victim turned out to be Broward County Sheriff's Office Detective, Joe Vella, a member of the Internet Crimes Against Children task force.

The police report described the conversations as flirtatious and "sexual in nature." Woolf and Detective Vella, a/k/a 14-year old girl, planned to meet at a Cooper-City fast food restaurant; officers were waiting and arrested him.

The Miami-Dade County records state that Wolfe was employed as a lifeguard for the years of 1999 through 2003. He was later promoted to pool manager and taught swim lessons at Rockway Park, 9460 SW 27^th Drive. The Sheriff's office fears that Woolf may used his position at the pool to victimize other girls.

The Broward County Parks and Recreation Department never received a complaint about Woolf during his time of employment. Spokeswoman Edith Torres feels that the likelihood of Woolf committing any additional sexual crimes against children would be "highly unlikely" due to the high class volume.

With the popularity of social networking sites on the internet, individuals are able to meet new friends with a click of a mouse. However, there is a certain amount of trust bestowed when you are speaking to someone you do not know. Individuals harmlessly making internet friends may be easily deceived. Too often children can become the victims of predators; and unsuspecting adults the victims of a misunderstanding with an underage person.

If you have been charged with a cyber crime, contact an experienced Miami Criminal Lawyer to defend the charges against you. Mistakes happen, do not let a sexual offense charge follow you for the rest of your life. Contact a knowledgeable Miami Felony Attorney to fight your case. You are innocent until proven guilty in a Court of law.

Miami-Dade law enforcement officials released a sketch last week of a man who is suspected of committing two sex crimes (see Florida Statute 794.011 for sexual battery) in the area only weeks apart. Police detectives investigating the crimes believe that a single perpetrator is responsible for both attacks on the women. At this point, law enforcement officers have not released information regarding whether the suspected rapist is suspected of any other sexual assaults in the area.

The first sexual attack occurred on May 10 at about 3:00 a.m. A woman was walking on the street between 75th Street and Northwest First Avenue. According to her report to Miami-Dade police, she was approached by a man who forced her at gunpoint to get into his vehicle. There, the man raped the woman. Investigators have been searching for the woman's attacker based on the description she provided.

On June 16, just blocks away near the intersection of 78th Street and Northwest Seventh Avenue, a second woman was attacked. She told law enforcement officials investigating her case that the man was riding a bicycle in the vicinity when he dismounted and approached her from behind. He jumped on top of her, forcing her down, she reported. The attacker attempted to remove his victim's clothing as she fought him. The victim told police that she was able to escape from his grasp by fighting and particularly by kicking the man in the groin. He eventually let go of the victim.

The rape and sexual assault suspect is an African-American male who is in his late 30s or early 40s. The man has acne on his face, which is particularly noticeable on the cheeks. The suspect is believed to have a scar on his right arm. He may be armed, as he threatened his first suspect with a handgun.

In 2008, a migrant worker who was in Homestead, Florida, abducted two small girls. Lindoro Alvarado, who is 54 years of age, was renting a room from a woman who had young children last year. Alvarado kidnapped her two daughters, who were three and six years old at the time of the kidnapping. He then sexually abused the older girl in the woods, according to the Miami-Dade State Attorney's Office. Police searched for the girls, who were eventually found, in a massive operation that garnered widespread attention from both local and national news media outlets.

Miami criminal lawyer John Musca has learned that Alvarado accepted a plea deal this week. Alvarado pleaded guilty to a number of charges stemming from the abductions and sexual assault and, according to the terms of the deal, will serve 22 years in a state prison.

Alvarado may never go free, however. He is also subject to 20 years of probation for his crimes, but more importantly, the state of Florida is likely to invoke the Jimmy Ryce Act upon his release. The Jimmy Ryce Act allows state officials to civilly commit sex offenders and sexual predators after their release from prison or jail, ostensibly to receive ongoing treatment until they are deemed safe to be released back into the community. The treatment facility in Arcadia, Florida, has been heavily criticized for its lack of viable treatment - generally not more than five hours per week - security problems, and the difficulty offenders have in obtaining release, even though they have completed their sentencing as required for their criminal convictions. Sex offenders and sexual predators are evaluated for placement in the facility based on their perceived likelihood of reoffending. Their cases are evaluated by several state officials, including representatives from the State Attorney's Office and the Department of Corrections.

Read more here.

Florida laws prevent convicted sex offenders and sexual predators from residing within 2,500 feet of certain locations. The statute is designed to prevent sex offenders from being near children, regardless of whether the crime for which the offender was convicted actually involved a child. Registered sex offenders and sexual predators, which are those people who have been convicted of certain sex crimes in Florida or other states, cannot live near parks, public or private schools, community libraries, and other locations.

Miami criminal attorney John Musca believes that although the laws were enacted to prevent habitual sex offenders from continuing to prey on young children, there are dire consequences. After all, a person who has completed his prison sentence or other sentence imposed by a court of law after a criminal conviction has paid his debt to society. The fact is that there are very few suitable living arrangements for registered sex offenders in Miami. Although this may not concern certain "tough on crime" factions, the issue is still there: registered sex offenders are the street are not good for anyone and such living arrangements are unlikely to promote family reunification and sex offender rehabilitation.

A number of sex offenders now live under bridges, most famously underneath the Julia Tuttle Causeway downtown. Approximately 70 sex offenders live there, huddled in tents in unsanitary conditions. If the ultimate goal of the criminal justice system, after punishment, is to rehabilitate and reintegrate offenders, then the current system is failing. The sex offenders do not have good access to sanitation and are unlikely to find employment, as they are homeless and do not have anywhere to shower or wash their clothes. One vocal advocate of change,Dr. Pedro Jose Greer, says, "What we're doing is we're saying 'let's take the people that we most despise, that did some of the most egregious things in society and let them all get together and not supervise them and let them wander around the community.'"

The original report is available here.