Tampa Criminal Lawyer Blog

The state of Florida takes illegal drugs seriously. Drug use and drug trafficking are top legislative priorities and the state has enacted tough drug sentencing guidelines. In many instances, persons convicted of drug crimes face harsh mandatory minimum sentences in state prisons.

In Florida, even possession of small amounts of marijuana or just having drug paraphernalia is a first-degree misdemeanor. Many people are surprised to learn that a water pipe or a bong can get them into criminal trouble, even if they do not have drugs in their possession. Possession of cocaine, up to 28 grams, is punishable by up to five years in prison, whereas possession of 28 to 500 grams triggers a three year mandatory minimum term in prison if convicted. Similarly, many frequently-abused pain medications can trigger three year mandatory minimum sentences, even if the amount in possession is relatively low. A conviction for the possession or sale of between four and 14 grams of oxycodone or hydrocodone ("reds and blues") will result in a three year sentence, as will a conviction for the possession or sale of the same quantity of heroin.

The Obama administration is taking a close look at drug importation from Mexico and the impact of illegal drugs internationally. In light of the highly-publicized recent spike in drug war violence in Mexico and even in the southwestern United States, Secretary of State Hillary Rodham Clinton said earlier this week that Americans are at least partially responsible for fueling the violence. The "insatiable" drive for illegal drugs within the United States, she says, "motivates these drug gangs" in Mexico because of the lucrative nature of growing, transporting, and selling these drugs.

If you have been arrested for drug possession, drug trafficking, or any other crime in the state of Florida, contact the Tampa criminal defense lawyers at Musca Law.

 

Amalia Tabata Pereira, 43, is being held at the Hillsborough County Orient Road Jail in lieu of a $750,000 bond. According to law enforcement officials, the woman posed as an Immigration and Customs Enforcement (ICE) officer earlier this week when she approached a 20-year-old Venezuelan woman, Rosario Sirilo-Francisco, at the health department building in Plant City.

According to Sirilo-Francisco, Pereira explained that the woman needed to hand over her two month old child and that she would help Sirilo-Francisco and the baby's father, Andres Cruz, avoid deportation to Mexcio if she complied. Afraid, Sirilo-Francisco gave into Pereira's demand. She contacted police in a matter of hours, after she began to suspect that the encounter was a kidnapping ruse and that the woman's only intention was to keep her baby, Sandra Cruz-Francisco. Sirilo-Francisco had taken the infant to the health department for a check-up.

Police issued an Amber Alert, activating the missing child alert system named for Amber Hagerdorn, a Texas girl who was kidnapped and killed in 1995. A day after Sandra was taken, however, Pereira turned the child in herself. As a result, she faces charges for impersonating a social services worker, false imprisonment, and interference with child custody. Previously, she was convicted of arson and other crimes that fueled a gambling addiction several years ago. She served time in a Florida prison. Currently, investigators are working to corroborate Pereira's presence at the scene and examining video surveillance of locations both Pereira and Sirilo-Francisco went the day the baby was abducted. Unfortunately, the health department does not maintain interior surveillance cameras.

Pereira is married to Jose Tabata, a minor league baseball player on the Pittsburgh Pirates. She has retained a criminal defense attorney. ICE officials are investigating both the claim that Pereira impersonated and officer and that Sirilo-Francisco and Andres Cruz are undocumented.

If you have been charged with a crime in Florida, contact the Tampa criminal attorneys at Musca Law as soon as possible to discuss the best defense possible for your case.

 As a self-employed contractor found out, bounced checks can result in serious criminal charges in the State of Florida. The contractor issued two checks for services rendered. Not realizing he had erred in balancing his account, the checks bounced.  When the checks were returned for insufficient funds, he was unable to pay his debt. The worthless checks totaled $1400.

The party he had written the checks to sought legal action for recovery. Depending on the amount of the check written, a worthless check can be charged as a misdemeanor, or a felony. A worthless check written for an amount over $150 is a felony, punishable by up to five years in state prison under Florida Statute 832.05(2). The maker of the worthless check may be additionally liable for court costs and reasonable attorney's fees. Improper debit card use is considered the same as writing a bad check under Florida Law.

Attorneys at Musca Law have successfully defended worthless check cases brought by the government. Our highly skilled Tampa criminal defense attorneys will fight to clear your good name.

Continue reading "Check Fraud Defense: Charges Dropped! Sarasota County, FL" »

Matthew Wyrosdick, 32, has been charged with first-degree murder in the death of his nephew, 17-month-old Zachary Johnson. Wyrosdick and his wife were caring for Zachary and his brother Austin while their parents spent several months in jail for grand theft auto. The children belonged to Mysti Wyrosdick's sister, Clarissa Johnson, and her husband Earl. Zachary died from injuries that Wyrosdick initially described as stemming from a fall from a toy table, but Wyrosdick provided more information each time the police interviewed him.

Zachary suffered the serious injuries last Thursday. He died on Friday. At the time, Wyrosdick described the manner in which Zachary was injured to police, who recorded the interview. Wyrosdick was subsequently interviewed on video several more times. Eventually, his description led to criminal charges.

After several interviews, each providing more information, Wyrosdick described his role in last Thursday's events to police officers. Wyrosdick said that he was very angry with the child and pushed him down onto a coffee table, where the child hit his head. He said he then shook Zachary and caused the child to hit his head two additional times on a different surface. Finally, Wyrosdick admitted to shaking the child again, then picking up and dropping Zachary four times.

Tampa criminal defense attorney John Musca is not surprised by the prosecutor's decision to file aggravated manslaughter charges in this case, at least initially. Manslaughter is a less severe charge than murder. Wyrosdick's defense may hinge in part on whether the statements he made to police regarding his nephew's death are admissible in a courtroom. Prosecutors have stated that they intend to seek a high bond and will likely file further charges, including first-degree murder. Wyrosdick was described as "emotional" about Zachary's death.

Below is a video regarding another sad case of a small child who was beaten and killed by his caretaker:



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A study by the federal government published its report this week about the use of household inhalants by teenagers to get high. Although inhalants used to be a more commonly used drug, the numbers are dropping off, according to the study's authors. The drugs' popularity was due in part to the easy availability of household chemicals and the perception, even by some parents, that their usage is not particularly dangerous.

Inhalants are the number three choice among first-time drug teenaged drug users, according to the study's findings. The authors believe the overall usage rates have dropped due to campaigns aimed at educating teens about the harms of inhalant use, as well as similar efforts to target and educate parents. Still, about one million children between the ages of 12 and 17 abused inhalants during 2007, or about 3.9 percent of teenagers in that age range. In 2006, the rate was 4.4 percent. In 2007, only about 0.4 percent of teens could be classified as dependent upon inhalants.

Inhalants are readily available in most homes for inquiring teenagers to abuse, if they so desire. One study shows that children in the eighth grade are more likely to have used inhalants than any other kind of drug. The drugs are breathed in, causing a brief "high" that lasts only a few minutes in most cases. Commonly abused household inhalants include gasoline, nitrous oxide (from whipped cream, for instance), butane from lighters, spray paint, glues, and paint thinner. Older teens and adults typically prefer nitrates such as nitrous oxide, often known as "whippets." Younger teenagers are more likely to use substances such as gasoline or lighter fluid to get high. Unfortunately, inhalants can cause serious health problems and even death, usually from suffocation. The negative health effects are a vital part of the discussion when educating youth about the risks associated with drug abuse.



The Tampa criminal lawyers at Musca Law handle all types of juvenile offenses, including drug charges. If your child has been charged with a crime in the state of Florida, contact our office.

Extenuating circumstances during a family emergency placed a 50 year old Sarasota resident in the position of violating the terms of his probation by driving while his license was suspended. The man was placed on one year probation after being convicted of Driving Under the Influence (DUI), in Pinellas County. The DUI conviction resulted in the suspension of his license. He was approved for a hardship license by the DMV on a Friday, and made several attempts to obtain his license. Upon his arrival at the DMV, he was told the computer system was down statewide and to try back later. He came back two more times that day and was told the system was still down.

The following day, the man's son was in a motorcycle accident and treated in the emergency room. The man and his wife brought their son home and he was in need of supplies and medication from the drug store. The couple drove just a few blocks away to a local Walgreen's Drug Store. The wife developed a severe migraine and was unable to drive back. The man decided he would drive their car home, even though he was not in possession of a valid driver's license. Just one block from their apartment he was pulled over by the police and cited for Driving While License Suspended (DWLS), Fla. Statute 322.34. This action resulted in the man being charged with Violation of Probation (VOP) and a warrant was issued for his arrest.
The willful violation of probation is a serious offense and violators may face mandatory incarceration. Musca Law provides experienced defense counsel to people who have been arrested for violation of their probation in the Tampa area. Our aggressive Tampa criminal defense team was able to achieve successful results for our client.

Two days after the DWLS charge, our client received his hardship license from the DMV. Our criminal defense attorneys obtained a letter from the DMV, apologizing for the computer problems that delayed our client's license from being issued in a timely fashion. Through negotiations with the State Attorney's Office in Sarasota, our attorneys were able to get the DWLS charge dismissed.  We communicated extensively with our client's Probation Officer in Pinellas County and the Court, successfully convincing the Court to withdraw the Violation of Probation and warrant for our client's arrest.

 

The Tampa criminal defense attorneys at Musca Law have read reports that law enforcement officials in Tampa have arrested a woman for battering a pregnant woman. Quianna Wilson, 20, was arguing with the pregnant victim outside of the victim's home on Inoma Street on Saturday. The victim is approximately eight months pregnant.

According to Tampa police, Wilson punched the pregnant woman in the back of her head, then knifed her. Wilson allegedly used a box cutter to inflict serious injuries to the victim, including a five-inch cut along her face, as well as injuries to her arms and shoulders. Law enforcement officers apprehended Wilson about an hour and a half after the incident, locating her at her Tampa residence. Police have charged Wilson with felonies - aggravated battery with a deadly weapon and battering a pregnant female. Wilson remains at the Orient Road Jail in lieu of a $15,000 bond.

The Tampa criminal attorneys note that battering a pregnant female carries enhanced penalties in the state of Florida. In order for a charged to be enhanced, the perpetrator must actually know or should have known that the woman was pregnant. In instances where the pregnant woman is far along, this is easier to prove. In domestic violence cases, even if the woman is not visibly showing her pregnancy yet, her partner frequently has actual knowledge of the pregnancy. Florida law punishes certain crimes against pregnant women, as well as some crimes against children, the mentally incompetent, and the elderly, more severely due to the special vulnerability of the victims. Additionally, in the case of pregnant women, the law is accounting for the possibility of harm to the fetus. Florida has a history of promoting victims' rights and making a concerted effort to protect vulnerable segments of the population.

If you have been charged with assault, battery, or any other crime in Florida, contact the Tampa criminal defense attorneys at Musca Law. With offices throughout the state and decades of experience in criminal defense, we provide comprehensive services you can trust.

The Tampa criminal attorneys at Musca Law keep a close eye on the news and local trends in crime and sentencing. Local law enforcement officers have been busy today, as there were a couple of notable investigations going on in the Tampa Bay area early this morning.

First, Tampa drug lawyer John Musca has learned of a large marijuana raid in Palm Harbor this morning. The Pinellas County Sheriff's Office obtained search warrants to search for drugs in five warehouses behind the Four Seasons plaza. Deputies trained in narcotics seizure took down a large marijuana-growing operation after finding approximately 450 plants in the warehouses. The detectives believe that the operation has been running for at least a year, citing the size of the marijuana plants seized. The Sheriff's Office searched the warehouses after receiving a reliable tip regarding the operation. They are currently removing all of the growth equipment, such as lights. Tampa criminal defense lawyer John Musca notes that growing marijuana is punished harshly under Florida law. In Florida, marijuana trafficking in the amount of 25 and 2,000 pounds, or in excess of 300 cannabis plants, carries serious penalties. The state imposes a mandatory minimum sentence of three years in prison and can impose a fine of up to a $25,000, in addition to other penalties, like probation. Police are interviewing at least one person involved in the case, but have not filed any criminal charges at this time.

The following video shows the appearance of an indoor marijuana growing facility:



In Bradenton, law enforcement officials are hard at work following a bank robbery this morning. Four males made their way into M&I Bank at 6821 East 15th Street to demand cash from the tellers. The men were armed with rifles. After obtaining money, the foursome fled the scene, dropping cash in the bank parking lot in their hurry to escape. Police have not yet released any information about the suspects' description or their identities.

If you have been arrested for a crime in the Tampa Bay area, contact the Tampa criminal defense lawyers at Musca Law. Our experienced Tampa drug lawyers are familiar with the Florida sentencing policies, including the mandatory minimum schemes in place for drug trafficking charges.

A 22 year old woman made a bad choice while shopping at Macy's Department Store with her friend. The two women entered the fitting room with a pair of black shorts and a Victoria Secret bag. A loss prevention employee took notice of the two women leaving the fitting room with the shorts hidden in the Victoria Secret bag. They exited the store, passing all points of sale without paying for the merchandise. The Hillsborough County Sherriff arrested the women and charged them with One Count, Petit Theft under Fla. Statute 812.014 (3)(a).

Retail theft is one of the most common types of theft.  If the value of stolen goods is under $300, the State charges it as a misdemeanor. A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or use, the property of another with intent to, either temporarily or permanently, deprive the other person of a right to the property or benefit from the property. If convicted, the defendant may receive fines up to $500 and, or, up to 60 days in jail.

At the time, the accused woman was unemployed and looking for work. Having an arrest record would make it even more difficult for her to secure employment in poor economic times. She turned to the experienced Tampa criminal defense lawyers at Musca Law to help her avoid these consequences. With over 100 years of combined legal experience, our firm understands the local court system and defends people against criminal theft charges with aggressive determination.

The client was a first time offender and had never been in trouble with the law before. We used this fact to convince the State prosecutor to dismiss our client's case and put her in an intervention program available to first time offenders. By successfully completing the program the charge of Petit Theft against our client was dropped.

The Tampa criminal lawyers at Musca Law came across an unusual bit of information in the local news recently. A man was arrested in the Tampa area after trying to hire a hit man to kill his wife. The price for murder? About two thousand dollars and some free pizza.

Law enforcement officials investigating the crime have arrested Edward Graziano on suspicion of plotting his wife's murder. They say that Graziano paid a police officer posing as a hit man about $2,100 in cash and a personal check - and he also gave the undercover officer a pizza gift card worth $13.06. Police say Graziano gave the "hit man" information about her whereabouts. He hoped she would be killed in a car crash that appeared to be an accident, while he would be safely at another location and could appear blameless. Tampa criminal attorneys say that while this kind of allegation may be found in many fictional crime books, it is an unusual real-life scenario.

The couple was planning on a divorce, although neither had filed yet. Investigators believe that Graziano sought to kill his wife to avoid troublesome financial issues associated with the divorce. Graziano is being held in the local jail without bond. He was already on probation for an incident involving battery on a law enforcement officer. Fortunately, no one was hurt as a result of the apparent murder-for-hire scheme.

The Graziano family is well-known due to their rocky relationship with Hulk Hogan's family, the Bolleas. Nick Bollea, the son of Hulk Hogan, was the driver in a dangerous car accident in 2007 as a result of highway racing in Clearwater. The accident left the Graziano's son John permanently injured. His guardian is seeking civil damages from the Bollea family and attorneys familiar with the proceedings have speculated that Ed Graziano believed he would receive a larger cut of the damages from the Bollea family if his wife was no longer in the picture.

The original article from the Tampa Tribune. Murder For Hire Plot

John Graziano's half-brother has spoken out angrily about the accident and his military
service.