Miami Criminal Lawyers Blog

In the last few days, the Musca Law Miami criminal lawyers have been following the media coverage of three different shootings by local police officers. Each incident resulted in a fatality. Miami residents are concerned about the rash of violence, especially as the shootings are now being investigated by the Miami-Dade police department to determine if the law enforcement officers involved acted appropriately when discharging their weapons.

Last night, a Miami-Dade police detective shot and killed a man suspected of committing armed robbery, Miami criminal attorney John Musca has learned. The law enforcement agency has yet to release either the name of the deceased nor the identity of the officer who fired the weapon.

On Thursday night, another still-unnamed suspect was fatally wounded. Police say that the suspect carjacked a taxi in Miami Beach, then caused a head-on collision when driving the wrong way on MacArthur Causeway. At that point, the suspect began shooting at police officers, who returned the fire. He was pronounced dead at Ryder Trauma Center. Meanwhile, the two police officers who were involved in the exchange of gunfire were put on administrative leave. The officers were Frank Celestre and Adam Tavss. Officer Tavss had only just returned to his normal duties after he was put on leave for a few days following a third fatal shooting on June 14, which he was also involved in.

According to some reports, Officer Tvass shot and killed Husien Shehada, a tourist from Virginia. Police had received reports that he and his brother were armed, although neither were. His brother was arrested for battering his girlfriend, a charge she has denied vehemently. The shooting has drawn stark criticism because Shehada was unarmed, although he and his brother were allegedly using a coathanger and a bottle to appear as though they were, and the pair had been involved in a fight earlier in the evening according to a Miami Beach bouncer who called police.

The following video discusses the death of Shehada, but the views expressed do not necessarily reflect those of Musca Law:

Read more here.

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.

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. 

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.