Miami Criminal Lawyers Blog

The man who has been serving as the "legal advisor" to Idaho church workers accused of trying to illegally take children out of Haiti is allegedly a fugitive and convicted felon who is wanted in connection with a human-trafficking ring.  The New York Times is reporting that the self-styled "legal advisor" did jail time in the United States and is a suspect in a child prostitution ring in El Salvador.

Citing public records, the Times reported that a man with the same name and birthdate is wanted by the Miami police, U.S. Customs and U.S. Marshall for crimes including bank fraud in the U.S. and Canada, theft of U.S. government property and violating parole.  Interpol is trying to determine if Puello is the same Jorge Anibal Torres Puello for whom an arrest warrant was issued in connection with luring women and girls from Central America and the Caribbean into prostitution.  Puello has denied he is the same person.

However, a growing quantity of evidence is emerging to suggest that Puello is the man being sought by U.S. and Canadian authorities as well as Interpol.  Dominican Republic records show an organization called the Sephardic Jewish Community, an organization to which Puello claims to belong, was registered by Jorge Torres Orellana Puello.

Puello's mother and stepfather in an interview with the Times said their son is the fugitive being sought by authorities.  "That's him," said Ana Puello.  "But those things that they say about him.  I doubt they're true.  He told me, 'Miami, I swear I didn't.'  He would never hurt a child."  Police also say they are close to confirming that Puello is the one being sought for trafficking children based on fingerprints and photographic evidence.

Even more compelling, Ana Puello confirmed that her son's wife was already convicted for her involvement in the child trafficking prostitution ring and that she remains in jail in El Salvador.  Puello managed to leave the country but his wife was arrested and convicted.  The trafficking ring was exposed last year after three children, 14, 15 and 16 reported they had been forced to pose naked after escaping the house where they were being held.

Evidence also has emerged indicating that Puello is not an attorney in his home country in the Dominican Republic as he had told the Haiti detainees.  It appears that Puello approached the Central Valley Baptist Church to offer legal assistance to the detainees.  The judge in the detainees' case has said there is no evidence that the detainees had any relationship with Puello before he contacted the church to offer his assistance in their case.  Miami criminal attorney John Musca said, "It is always a good idea to verify an attorney's credential before retaining him.  You can talk to other attorneys to get feedback or check with your state bar association."

If you or someone that you know is facing criminal charges it is vital that you retain an experienced 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.

 

The Miami criminal case surrounding the murder of model Paula Sladewski after she left the downtown Miami nightclub Club Space on Jan. 22 will be featured during prime time on America's Most Wanted.  The popular Fox network show, which is hosted by John Walsh, will ask viewers to help identify a person of interest on Saturday at 9:00 p.m. on Channel 7.

Surveillance cameras show a club bouncer escorting Sladewski out of the building shortly after filming her boyfriend Kevin Klym being escorted out of the building following an altercation sixty seconds before.  Sladewski's body was later discovered in a North Miami dumpster burned beyond recognition.

Klym indicated that the man in the sketch could be the bouncer seen in the video escorting Sladewski from the building.  However, club owners are angry at this claim and indicated they believe that Klym is simply trying to divert attention from himself.  Club owners also expressed confusion over why the sketch being circulated by authorities did not seem to be based on information provided by the club doorman who saw Sladewski leave.  "The man in the sketch; we didn't identify that sketch," Klym said.  The man in the sketch may not be the murderer but the police would like to talk to him about the case.

The Sladewski case is just one of several Miami-Dade County cases recently featured on America's Most Wanted.  The Boca Town Center murders of Randi Gorenberg and Nancy and Joey Bochicchio have been featured on 4 episodes, but remain unsolved.  However, America's Most Wanted coverage had lead to the arrest of Paul Merhige, who allegedly murdered four family members on Thanksgiving, at a Florida Keys Motel.

Walsh commented on the Sladewski case saying, "It's going to be a tough case to break.  Somebody knows something about it.  If you're not comfortable talking to the North Miami Police, go to amw.com and leave your tip anonymously."

If you have been charged with a crime, legally you are presumed to be innocent until a judge or a jury has convicted you.   The prosecution holds the initial burden to provide convincing evidence that you are guilty, often known as proving guilt, "beyond a reasonable doubt," where the prosecutor will work with the police investigators in an effort to secure a conviction.

It is imperative to retain a competent criminal defense attorney that will evaluate and analyze every aspect of the investigation, that has led to an arrest as there is absolutely no room for mistakes when your freedoms are at risk.

 

 

 

Continue reading "Miami Club Murder Featured on America's Most Wanted " »

A woman was shot in the stomach at her home, after an argument with a man that also resides in the home according to police.

The woman was taken to the hospital where she underwent surgery, although her condition was not known at the time, she died shortly after.

In a statement made by a neighbor "I heard two shots, just two minutes apart".   A second man that resided in the house attempted to take the gun, where additional shots were fired however, they were able to detain the gunman.

The man has been arrested and now faces homicide charges.

Murder cases are unlike any other criminal case.  The stakes are high and test both the accused and the lawyer. Prosecutors habitually charge individuals with first-degree murder when the allegations, at most, support a charge of manslaughter. An experienced defense lawyer can be counted on to properly analyze the prosecutor's evidence, to offer solid advice, and to skillfully attack the prosecutor's evidence at trial.

When your freedom, your reputation, and your permanent criminal records are at stake, you want Musca Law on your side. They can handle the defense of all violent crimes, state or federal.  If you have been charged with a violent crime contact Musca Law to schedule a free confidential consultation with an experienced Miami violent crimes defense attorney. 

Healthcare reform has been at the top of the headlines over the past couple of months. Local governments have hosted town hall meetings to engage its residents in the debate and Miami has been no different. However, at a protest on the issues a man decided to strike another with opposing viewpoints.

The Defendant, 56 year old Raul Anasagasti, allegedly pulled his truck up to a group of protestors supporting healthcare reform. Words were exchanged with the victim, 65-year old Luis Perrero. Anasagasti is accused of then punching out the elderly man. Perrero lie unconscious for a period of five minutes.

During the altercation, bystanders removed the defendant's keys from his running vehicle to prevent him from leaving the scene. Miami Police were called to the location and arrested Anasagasti on charges of battery on a person 65 years of age or older. The defendant claims his innocence and that he acted in self defense.

 

Continue reading "Attorney Musca Discusses Violence at Town Hall Meetings Over Healthcare Debate" »

Miami- Dalia Dippolito, 26, is out on $25,000 bond as well as on house arrest at her mother's home after she was charged with solicitation to commit first-degree murder. 

After six months of marriage to Michael Dippolito, she had decided that she would be "very happy" if her husband were no longer here.   In a surveillance tape on file with the Boynton Beach Police Department, Dippolito talks about wanting to "have her husband dead, that she is 5,000 percent sure that she wants this done." 

Dippolito hired a hit man an undercover police officer to kill her husband.   A plan was set in place after meeting with the undercover officer relative to her husband's schedule, her alibi, getaway routes, security system and the exchange of $3,000 in cash to include the key to the couple's home.

After an obscure phone call from a police officer which urged Dippolito to return home from LA Fitness.    Dippolito arrived home where the police were where she had envisioned, where she was in the midst of a crime scene.  What Dippolito did not know was that she was about to be faced with an ornate deception. A setting that was bizarre at best, the Boynton Police had taken dramatic steps relative to orchestrating an exhibition, a misrepresented performance.  The crime scene was staged. To include Dippolito being videotaped as a detective broke the news that her husband was dead. In a statement made by a Boynton Beach Police Department spokesperson; "the bottom line is we wanted her to believe without question that when she arrived that her husband was dead."   The recorded performance was posted to the police department's YouTube channel.

In addition the TV show COPS had been present with cameras rolling.   COPS had been in town and were engaged in a ride along with Boynton Police according to reports. However, a spokesperson for the department stated that "their presence was not prearranged."

Across the country Police Departments participate in the Ride- Along- Program.  It is claimed to ameliorate public relations by way of enlightening participants with the variegated and incalculable nature of police work.  Nevertheless, the program does not annotate the possible violation of Fourth Amendment rights when participating in a Ride-Along.  

If you have been charged with murder or with solicitation to commit first-degree murder immediately contact a criminal defense attorney.  Musca Law takes pride in providing their clients with the best defense possible and are dedicated to ensuring that their clients receive a fair trial.  Musca Law is committed to providing a staunch defense at every stage of the proceedings against you.

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.

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.

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.    

Broward County, Florida. A string of robberies have been reported at the 2100 block of Northwest 47th Street in Lauderhill. The suspect is described as a black man driving a white, Mercury Grand Marquis. Local officers bumped up their patrols in the area. At approximately 9:58 p.m., undercover officers witnessed a man matching the suspect's description and vehicle, approached a woman sitting at a bus stop. He put a gun to her head. The victim gave up her purse and the Police moved in. The Defendant fled the scene in his car.
Police considered the suspect "armed and dangerous" and over a dozen patrol cars participated in the chase. Officers arrested the accused robbery suspect, 20-year old Anthony Ward, after the police chase ended in a downtown Ft. Lauderdale crash. Luckily, no one was injured during the pursuit or the resulting accident. The Officers recovered the victim's purse and a pellet gun from the suspect's vehicle at the scene.
Ward is charged with a laundry list of serious criminal offenses: Armed Robbery with a Firearm, Aggravated Fleeing and Eluding, Driving with a Suspended License and Violation of Probation. He faces a maximum consecutive sentence of 80 years in State prison, if he is convicted on all charges. The State of Florida defines the crime of robbery with a firearm has been committed when an offender attempts to permanently deprive another of their property with a weapon. This is a very serious criminal offense and is considered a first degree felony in the State of Florida.
I do not represent Anthony Ward, nor do I have information that jeopardizes the attorney/client privileges. If you or a loved one has been convicted of a felony, contact an experienced Miami Criminal Defense Attorney to rigorously defend the charges against you. My firm has over 100 years of combined experience and is ready to fight the grave charges. You are innocent until proven guilty in a Court of law.

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.

James von Brunn, the man accused of opening fire at the Holocaust museum in Washington, D.C. last week, has now been accused of a new criminal offense, Miami criminal attorney John Musca has learned. Von Brunn allegedly parked a red car in front of the museum, got out with ammunition and at least one gun. He is accused of fatally shooting a security guard with a .22 caliber rifle. Police have recovered two guns and dozens of rounds of ammunition from the red Hyundai he drove to the museum and left double-parked outside its doors.

Now, von Brunn is accused of a sex crime: possession of child pornography. Investigators have been searching his home, computer, and his writings for more information regarding the shooting. Von Brunn is an outspoken white supremacist. He operated a website devoted to espousing his racist and anti-Semitic views.

Von Brunn was shot when two other security guards returned fire and he remains hospitalized due to his injuries. The security guard who was killed, Stephen Johns, was apparently opening the door for von Brunn to enter the museum when von Brunn shot him to death, says Miami criminal attorney John Musca.

The elderly von Brunn, who is 88, has gained national notoriety between this crime and his 1981 attempt to violently take over the Federal Reserve Board headquarters building. He served six and a half years in federal prison as a result. Prosecutors have said publicly that he is expected to recover and face trial. It is not clear, however, if von Brunn will face child pornography charges, nor did law enforcement officials release details regarding the content found on his computer. If convicted of possession of child pornography, von Brunn would likely have to register as a sex offender and spend time in prison, although prosecutors may not charge him if he is convicted for a separate crime, such as the murder of Johns.

More information is available 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.

In day-to-day parlance, many people use the word "assault" loosely - and differently from the legal definition. A man might say that his friend was "assaulted" in a bar fight, in which the friend exchanged blows with another person. Although his friend may have been assaulted, if the speaker meant that the friend had been hit or that the other person actually made contact, the word "battered' would be more correct. This is true at least from a legal perspective.

An assault is usually a movement or an action designed to strike fear into a person that he or she is in imminent harm or at immediate risk of being struck - perhaps with a hand, a knife, a bullet, or even a motor vehicle. A battery, on the other hand, generally occurs at the moment the harm takes places; that is, when the person is hit by the aforementioned palm, blade, or other item.

These usages of the terms assault and battery are fairly constant in both civil and criminal law. For example, Andy can be charged with assault in a criminal court for threatening Beatrice with a knife. He could receive a prison sentence, probation, or other criminal penalties if he is convicted by a judge or jury. Beatrice's recourse against Andy would lie in the civil court, where she could sue him for the tort (civil wrong) of assault and, if she were successful, recover monetary damages from Andy. In a criminal court, the State Attorney would have to prove beyond a reasonable doubt that Andy assaulted Beatrice in order to obtain a conviction. Beatrice, meanwhile, need only prove the assault by a preponderance of the evidence in most civil court cases in order to be awarded damages. Beatrice could also obtain an order of protection, also known as a restraining order, to prevent Andy from coming near to her.

If you have been accused of a crime in Miami-Dade County or elsewhere in Florida, call the experienced Miami criminal defense attorneys of Musca Law.

Most people in Miami probably think of the death penalty as a touchy issue, but one that really only affects murderers. Historically, capital punishment has been imposed for a range of offenses. In fact, it was only in 1977 that the United States Supreme Court ruled that it was no longer acceptable for a state to impose the death penalty on a person convicted of the rape of an adult. In Coker v. Georgia, a 16-year-old was raped and her attacker was sentenced to death. Because the rape of an older teenager is punished similarly or identically to the rape of an adult in most or all states - and typically less severely than a sex offense on a child under the age of 12 - the case has been read as applying to situations in which the victim was an adult.

More recently, there was a movement to re-impose the death penalty on those convicted of child sex offenses. The Supreme Court, however, ruled that this was unconstitutional last year.

Florida led the nation in strict sentencing for child sex offenders and sexual predators. Jessica's Law was enacted by the state legislature four years ago, prompting many other states to consider similar legislation. The law - which was named after Jessica Lunsford, a nine-year-old girl who was raped and murdered in Homohassa - requires lifetime electronic monitoring of those convicted of lewd or lascivious acts with a victim under the age of 12, along with a 25 year mandatory minimum sentence. Additionally, rape and sexual battery on a child under 12 years of age carries a mandatory minimum sentence of life imprisonment without the possibility of parole. Jessica's killer had previously been convicted of a child sex offense.

Murder and attempted murder are the most serious charges a criminal defendant can face. Florida is one of 35 states that has retained the death penalty for murder, in addition to the federal government and United States military courts. In recent years, several states have repealed the death penalty entirely. Since 2007, New Mexico, New York, and New Jersey have all made the toughest sentence a convicted murderer can face life imprisonment without the possibility of parole.

A far lesser-known offense is felony murder and its counterpart, attempted felony murder. Felony murder occurs when two or more people commit a dangerous felony together, such as an armed robbery or a burglary. During the course of that felony, a person is killed. Those involved in the commission of the felony may be charged with felony murder - even if they had no role in the killing. For example, if Alfred, Byron, and Christopher decide to hold up a local convenience store armed with semiautomatic weapons, they are committing armed robbery. Imagine that as Byron and Christopher are fleeing the store with stolen cash and Twinkies, Alfred turns around and shoots the clerk, Gustav, so that he cannot identify the robbers later. If Gustav dies, Alfred could be charged with murder, and Byron and Christopher could both face felony murder charges - despite the fact that they did not act to kill Gustav. If Gustav was seriously wounded but did not actually die, Alfred could be charged with attempted murder, while Byron and Christopher could be charged with attempted felony murder. Felony murder is often punished almost as severely as murder itself, although the death penalty is not available for a conviction of felony murder in Florida.

Fierce opponents of the felony murder rule argue that it unfairly and disproportionately punishes accomplices and co-conspirators who had no plan or interest in seeing another person die as a result of the crime. These opponents argue that it is important to distinguish from true killers from those who have no intent whatsoever to kill another person. Criminal defense attorneys representing clients who have been charged with felony murder frequently find that they are shocked that the state or a jury may deem them culpable for an act they did not commit.