Miami Criminal Lawyers Blog

Miami- Detectives are investigating a man who has allegedly been stealing identities and passing counterfeit checks across South Florida.  This form of criminal act is often referred to as Identity Theft.

In a statement made by police the suspect enters the victim's banks to then deposit counterfeit checks into their accounts.  A split deposit is made where the suspect deposits a phony check into the victim's account to then withdraw a portion of the funds.

Identity theft is a crime that is considered to be a white collar crime.  White collar crimes are fraud, bankruptcy fraud, bribery, insider trading, embezzlement, computer crime, medical crime, public corruption, identity theft, environmental crime, pension fund crime, RICO crimes, consumer fraud, occupational crime, securities fraud, financial fraud, and forgery.

A conviction for a white collar crime could mean prison time and thousands of dollars in fines.

If you have been arrested or charged with a crime in the State of Florida you will need to hire an experienced Florida Criminal Defense Attorney who will demand the integrity and the proficiency of the investigation that lead to the arrest is beyond reproach.  Attorneys at Musca Law will provide you with the highest quality criminal representation available.

As an experienced Miami Criminal Defense Attorney, Attorney Musca is committed to protecting his clients' rights. If you or someone that you know is facing a white collar crime, contact Musca Law to schedule a consultation.  Call Musca Law toll free at 1-800-687-2252 or visit us on the web at muscalaw.com.

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" »

Four suspects have been taken into custody for the burglary of Anthony's Fine Jewelers in Stuart. The suspects are accused of gaining access to the jewelry store by breaking through the roof of the neighboring automobile shop. The men, 43-year old Pedro Nunez, 53-year old Antonio Garcia, 23-year old Juan Reyes-Hernandez and 43-year old Florencio Hernandez, broke through the connecting wall of the businesses, however, could not break open the jewelers safe.

An alarm had been set off during their entry and police arrived on the scene. The suspects had no time to flee and subsequently arrested. The Martin County Sheriff's Office found the men and their two cars parked next door in the Hampton Inn Parking lot. A search of the vehicles revealed gloves, radios, cutting torches, flashlights, compact compressor, jackhammer and a grinder. All four men were also covered in dry wall dust.

 

Continue reading "Four Men Arrested in Jewelry Store Felony Burglary" »

The Miami Dade Police arrested a woman caught driving a stolen ambulance. The ambulance had been reported stolen only hours earlier out of Coral Gables. The defendant, 48-year old Karen Taylor, heisted the ambulance right off of the street in plain daylight.

The officer initiated a stop, but Taylor refused to comply. A witness had to assist the officer with getting Taylor under control. Officers charged her with grand theft auto and resisting arrest. She has not yet posted the $10,000 bond and remains in jail.

The most stolen car in 2008 happened to be the Cadillac Escalade, with the Mercedes E class sedan as the least stolen car in the U.S. The State of Florida considers the crime of grand theft auto a felony. This crime occurs when an offender intentionally and unlawfully tries to permanently deprive another of their vehicle. The value of the vehicle determines whether the crime is considered a second or third degree felony. Either degree, an offender could serve prison time for their conviction.

 

Continue reading "Attorney Musca Discusses Miami Grand Theft Auto" »

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.

MIAMI- After enticing a man on Craigslist offering him a "great deal" 22 year old Steven Glass was arrested for robbery.    The victim who wished to remain unidentified had fallen victim to a false craigslist advertisement.   He was led to believe that the seller was offering a great price for a Sony PS3 which normally sells for $300.00 however, was advertised for $160.00.  The $160.00 price was agreed upon and a meeting place along 18th Avenue and 20th Avenue was set in place. 

Upon arrival the seller handed over the empty box to then abruptly seize the cash.  Glass then proceeded to run towards an apartment complex.  "The subject just totally snatches the money from the victim's hands and just runs," in a statement made by Miami Police Detective Willie Moreno.

As of late Craigslist has had some bad publicity, with the recent murder of a young woman who was interviewing for a position as a nanny.  However, if you use prudence then there is no reason to fear this type of sale.  Always remember that if you use caution by placing yourself in a safe position then your selling and buying experience can be safe, fun and profitable.

When faced with theft related charges taking your situation seriously is extremely important.  
Both misdemeanor and felony theft charges are tediously prosecuted to obtain the toughest penalties possible.  John Musca is a powerful and aggressive theft crimes attorney in Florida.  If you have been arrested and charged with a theft crime Musca Law is an experienced defense firm that you can trust to get you through the criminal process.  Without competent representation, you could lose not only your rights but your freedom.

Miami-Dade teenagers Michael Derek Lobo and Juan Carlos Gonzalez-Vaca, both aged 17, were arrested on Thursday at Killian Senior High School, where both youths go to school. Both boys are charged with smashing two of the mosque's windows with an iron rod and slashing the tires of a 2003 Dodge van. Upon his arrest, Gonzalez-Vaca admitted to police officers that the two teens had been planning the attack for months. The teen also made several anti-Islamic statements, such as "all Muslims are terrorists." Lobo also confessed to the crime upon his arrest, Miami criminal defense attorney Musca has learned. Police reported that the teens additionally spray-painted an expletive on the mosque that was directed toward Muslims. The case was solved in part due to a tip to an anti-crime hotline from a citizen whose identity has not yet been made public. The incident was also caught on a surveillance tape at the mosque, but officials said that the tape was of little value because it was hard to see the suspects in the dark.

Both teens are charged with criminal mischief to a mosque, with an enhanced penalty for demonstrating prejudice and wearing a mask while committing the offense. Police have reported that this is not the first time that the mosque has been targeted for attack. Six months ago, the mosque was damaged when perpetrators shot 51 bullets at the location, in a case that is still under investigation. FBI officials have reported that they cannot label the mosque shooting a hate crime until they have a suspect. There was also a June 2005 incident where unknown suspects used a rock to smash the door of the center as well as a 2004 incident where the mosque's sign was defaced with a swastika. Police have not made any arrests in any of these prior incidents.

A man and a woman have both been arrested following an odd theft (Florida Statute 812.014) incident in Florida this week. Animal Crackers Pet Store had reported to police the theft of a baby skunk, which the store valued at approximately $400. David J. Ruvolo, 21, attempted to return the skunk to the store following the theft crime. Miami criminal defense lawyer John Musca has learned that workers at the pet store called law enforcement officials to report his return of the animal. It was not immediately clear whether Ruvolo had tried to return the skunk for a "refund" of its store value or whether he sought only to give it back to its rightful owners, but the fact that he is now facing criminal charges indicate the former is probably a more likely possibility. In any case, the return of the baby skunk did not work out well for Ruvolo.

Emily J. McCormick was arrested at her job for her role in the skunk theft. Law enforcement officials allege that she was the actual perpetrator of the crime. McCormick has been charged with grand theft, due to the skunk's value, while Ruvolo has been charged with being an accessory to grand theft.

Under Florida law (Florida Statute 812.014), grand theft between $300 and $5,000 is a third-degree felony. It is a crime punishable by up to five years in prison. Thefts of exotic animals are perhaps more common than the average consumer might think, as chinchillas, hedgehogs, snakes, and yes, even skunks, can often fetch fairly high prices from people who raise exotic pets. Even purebred dogs are sometimes stolen due to their desirability as pets, even though they generally need registration papers to function as show animals. Keeping a skunk as a pet is legal in Florida, although the owner is required to have a special license.

Read more about the incident here.

According to law enforcement officials and the Miami-Dade State Attorney's Office, a group of young men from Florida are responsible for the shooting death of Sean Taylor on November 27, 2007. Taylor, who was 24 years old at the time of his death, was a former football star at the University of Miami who had gone on to a professional career with the Washington Redskins. Taylor was awakened in his home in Miami-Dade County at approximately 1:00 in the morning after hearing noises. Burglars had broken into his home. Taylor grabbed a machete and went to investigate what was causing the noises.

Investigators believe it was then that Taylor met a group of young men, all of whom are originally from Fort Myers, Florida. Venjah Hunte, 21; Jason Mitchell, 21; Timmy Lee Brown, 17; and Charles Wardlow, 19, have been arrested in conjunction with the crime, along with 18-year-old Eric Rivera, who police believe was the shooter. With the exception of Hunte, all of the men are being held without bond as they await trial on January 19, 2009, where each will face the possibility of life in prison. Prosecutors have stated that they will not seek the death penalty. Hunte, meanwhile, is attempting to retract a guilty plea he previously entered in exchange for a 39 year prison sentence. A judge is expected to rule on the matter at a hearing on June 19.

Regardless of which of the young men pulled the trigger, the state can pursue murder charges against all of them due to their involvement in a dangerous felony - burglary of an occupied dwelling - from which Taylor's death is not an altogether unforeseeable consequence. Florida Statute 782.04(1)(a)(2) lays out the provisions of Florida's felony murder rule; the burglary law is Florida Statute 810.02.

If you have been arrested for a theft crime in Miami-Dade County, contact the experienced criminal defense attorneys at Musca Law to discuss your case.

An article is available here.

During these hard economic times, theft crimes have become more common, especially in parts of Miami. Theft can take many forms: grand theft, car theft, burglary, robbery, and shoplifting are among the kinds of cases Miami judges see on a day-to-day basis. Brad Brekke, a former agent for the Federal Bureau of Investigation who now works in the assets protection unit for Target, believes that the economy significantly impacts the type and amount of theft crimes that occur. "There is definitely economic pressure generating more activity across the board - fraud, theft, cyber crime. The intensity has gone up as the economy has gone down," he said of the rise in thefts.

The National Retail Federation surveyed its members recently, ultimately concluding that retailers are experiencing more thefts and shoplifting, but that the stores are also fighting back harder. Major stores are now sharing information about shoplifting suspects, including which items they are taking, in a database accessible to all. The competing stores believe it is in their overall best interest to work together to stop theft, especially organized shoplifting rings. Florida law enforcement agencies cracked an organized ring last year after finding large quantities of stolen powdered baby formula in a traffic stop. According to investigators, men waited outside retail chains in getaway vehicles, while female "shoppers" went inside and slipped containers of baby formula into a purse, then walked out of the store. Each container of infant formula was valued at about $25.

Retailers also want to avoid alienating regular consumers just to reduce shoplifting. Some proposed solutions including putting high-theft items in locked display cases. Unfortunately, retailers have found that consumers are less likely to purchase items if they are locked up. Another solution is to train retail workers to speak to customers throughout the store. When shoplifters have the sense that employees are watching them or might engage them in conversation, they are less likely to proceed with the theft crime. The theft law is Florida Statute 812.014.

The original report is available here.

A New York shopkeeper found himself the victim of a late-night robbery recently, but a turn of events made it an unusual hold-up. Mohammed Sohail, who is originally from Pakistan, was closing up his store near midnight when a man armed with a baseball bat walked into the store. The robber announced his intentions and Sohail stalled momentarily before locating the rifle he keeps in the store in the event of just such an emergency. As soon as Sohail pulled out the gun, however, the tides turned significantly.

The would-be robber dropped to the ground, requesting Sohail's mercy. He was only stealing in order to feed his family, the robber said, because he was unemployed. Sohail took pity on him. Describing the unusual encounter, he said,"This was a grown man, crying like a baby. He started crying that he was out of work and was trying to feed his hungry family," he said. "I felt bad for him. I mean, this wasn't some kid."

Sohail gave the man forty dollars and a loaf of bread, but only after he secured a single promise from him: not to rob anyone again. The robber insisted that he wanted to be a better person and to become a Muslim, like Sohail. Sohail pretended to "swear in" the robber as a new Muslim, shook hands with the man, and then went to the back of the store to get milk for the robber to take to his family with the bread. When he returned, the robber was gone. Although Sohail reported the crime to the local authorities, he does not want the man to be prosecuted in the event he is caught. The store's surveillance camera caught the encounter on tape, but the man was masked throughout the attempted robbery. Sohail told a reporter that this was the only time anyone had ever attempted to rob his store.

The original report is available here.

Miami-Dade law enforcement officials are warning local residents to be careful after making bank transactions. Police are currently seeking four women who allegedly followed and robbed Carlos Torres last month. Torres went to his bank on April 15, withdrawing cash, and then returned to his vehicle. He drove to a nearby gas station and filled up his tank. When Torres went inside briefly to pay for the gas, investigators say that four unidentified women pulled up alongside his vehicle in a black Chevy Traverse. One of the women who was in the Chevy quickly went inside to distract Torres. The others robbed his car, opening the driver's side door of his vehicle. The women left with $500 in cash, which Torres had left in an envelope inside the car. He had not locked his car when he went inside the gas station to pay.

The incident ''was all preplanned...They positioned the car strategically so the victim couldn't see what's going on,'' said Miami-Dade Detective Otto Ablanedo, describing the crime. The theft was caught on the surveillance tape of the BP gas station.

Detective Ablanedo warns area residents to be vigilant, because the women are "casing banks." At least one of the suspects has been spotted again on the surveillance video of an area bank. The detective believes that the suspects are watching the bank parking lot for customers, then following those who make a substantial withdrawal. To avoid being the victim of such a crime, bank customers should be extra vigilant, especially with regard to anyone who may be following them. Police remind Miami residents to lock their vehicles whenever they are unattended - even if the driver is leaving the car only briefly, as Torres had planned to - and always lock the doors when the car contains anything of value. Cash, in particular, is often difficult or impossible to recover.

A report on these incidents is available here.

If you have been arrested for a robbery or other theft crime, contact the Miami shoplifting defense lawyers at Musca Law.

As discussed previously, the city of Miami, Florida suffers from higher rates of criminal activity than many other American cities. Violent crimes are up to three times higher in Miami. Similarly, property crimes, especially certain kinds, tend to affect Miami residents more frequently than in other locales.

Nationally, per 100,000 individuals, there were approximately 812 burglaries. In Miami, however, there were 1,131. That means that in a year, about one percent of Miami residents will experience a burglary, usually of the victim's home. Larceny and thefts are somewhat higher in Miami compared to the rest of the country, with 3,046 per 100,000, compared to the average of 2,602. The largest property crime disparity lies in the theft of motor vehicles, however. Miami law enforcement officials reported 987 motor vehicle thefts per 100,000 residents in 2006 compared to 502 nationally.

For the same year, 2006, Miami was also ranked as the American city with the lowest median family income levels. The median household income was just $24,031. Newark, New Jersy, followed Miami with a median household income of $26,309. Cleveland, Detroit, New Orleans, St. Louis, and El Paso also made the list of the top ten most impoverished U.S. cities.

Within the city of Miami, over a quarter of the residents live in poverty - about 27 percent of the population. This is significantly higher than Miami-Dade County's overall poverty rate, which is 16.4 percent, and far above the Florida statewide rate of 12.6 percent. Nationally, about 13.3 percent of people living in the United States live at or below the poverty line. Within Miami, there are tremendous ethnic and racial income divides: Hispanic households average $25, 673 and African-Americans average $18,710 per household, while non-Hispanic white households average $63,723 for 2006. Some economists have noted that many new immigrants reside in Miami, but leave the city after going to school or learning a trade.

Monroe County, FL.  The tradition of college students celebrating spring break in Florida can be traced in part to the 1960 hit, Where the Boys Are, a film starring Connie Francis, in which boy meets girl during a carefree spring vacation. During the 1980's the city of Fort Lauderdale began to crack down on the out-of-control spring break activities with increased arrests. Since then, spring breakers have taken on additional destinations of Daytona Beach, Panama City Beach, Key West, Orlando, Tampa and Miami's South Beach.

In any of these popular spring break destinations, exuberant college students engage in what seems like an unending stream of contests including, beer-chugging, bikini, wet T-shirt, and wet he-shirt contests. This year the 2009 Spring Break season stretched from February 16 through April 10. While most students came here to enjoy their freedom during a break in the school year, some found themselves in trouble with the law with a Spring Break Arrest. The spring break partying brings about numerous arrests for disorderly conduct, intoxication, marijuana possession, petit theft, public urination, DUI, and other infractions.

Attorneys at Musca Law are experienced in dealing with Spring Break Arrests and have helped many college students who have found themselves in trouble with the Florida Courts. Our client, a college student vacationing in Florida on spring break, was shopping at a Publix Supermarket with friends. A loss prevention officer accused him of putting food items into a brown plastic bag and leaving the store without paying for the items. Police placed our client under arrest and charged him with Petit Theft, under Fla. Statute 812.014.

In the State of Florida, any theft charge, from misdemeanor shoplifting to grand theft, is a serious offense. Theft is considered "a crime of dishonesty" that can be used against a person when they apply for a job, during a background employment check, or if you ever testify in a court of law. As a first time theft offender, where the value of the item is less than $100.00, our client faced up to 60 days in jail and a fine of up to $500, not to mention the serious consequences of having a conviction on his record. Our attorney successfully negotiated with the State Prosecutor to dismiss the charge against our client and he is eligible to have his records sealed.

 

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.