Tampa Criminal Lawyer Blog

Law enforcement officials are investigating an alleged violent crime spawning from an online encounter. Police believe that 37-year-old Fernando Soliz, a resident of Kissimmee, met a woman from Lakeland on a website. After the two met, police believe that Soliz traveled to the woman's home. He attacked her with a baseball bat after she insisted that he leave her house. The Lakeland woman was seriously injured in the incident. Police did not say if the man was suspected of committing a sex crime or what his motivations were, or even if he had brought the baseball bat to the woman's home.

After beating the woman, Soliz left. Police have been unable to locate him, but they believe that he is dangerous and likely armed; therefore, they have advised members of the community to contact a law enforcement agency if they see him, but not to approach him for their own safety. Soliz is believed to stand 5'10" and weigh 160 pounds. He has long, black hair, which he wears in braids. He wears sneakers or athletic shoes with red shoelaces and has a tattoo on the back of his neck, which investigators say reads 'Popeye'.

Tampa criminal defense attorney John Musca says it is not clear where the woman met Soliz or even if his visit to her house was invited. To be safe online, it is important not to give out too much identifying information. Some websites, however, promote eventual in-person meetings, such as online dating sites. The popular community website Craigslist has been heavily criticized for its perceived role in a spike in violence towards women who met men on the site. Several women have been murdered in high-profile cases in which they advertised a service or item for sale and the men who responded to the ads became violent. An example would be a person who advertises that she gives massages or is selling purebred puppies and invites a stranger to her home. It is not clear, however, which website Soliz used to meet the woman who was beaten, nor what the purpose of the encounter was or if she had even ever intended for him to come to her home.

Law enforcement officials have made an arrest after allegations of child sexual abuse surfaced recently. Andrew Rae IV, who is 20 years old, was charged with sexual battery due to incidents that allegedly began many years ago. Tampa criminal attorney John Musca has learned that Rae is accused of sexually molesting a young girl beginning when she was approximately five years old. At the time, Rae was about 10 years old. Police investigating the allegations believe that Rae continued committing sexual battery on the girl until 2004.

The investigation is not over yet, police said. The crimes allegedly took place over a number of years at a day care facility for children, which was operated by Rae's mother. The investigation has revealed information that suggests that there may be other victims and law enforcement officers are seeking two other children, in particular, who they believe were victimized by Rae at the day care center. None of the names of the victims have been released, which is common practice in sexual abuse cases and in cases involving children.

The Manatee County Sheriff's Office said that Rae was arrested and taken to the juvenile detention facility due to his youth at the time the crimes were committed, although he is an adult at this point in time. A person under the age of 18 who commits sexual battery on a victim less than 12 years of age may be guilty of a life felony under state law, depending on the circumstances of the crime (Florida Statute 794.011). Contrary to popular belief, there is no statute of limitations for the prosecution of a crime that is classified as a life felony. If the case is charged as a first-degree felony, however, the statute of limitations would be four years after the crime was committed.

If you have been arrested for sexual battery in the state of Florida, contact the Musca Law criminal defense team to discuss your case.

Prescription drugs, notably pain medications like oxycodone and hydrocodone, have become increasingly available on the street, says Tampa criminal defense attorney John Musca. Commonly known by their street names - "reds" and "blues" - these drugs seem harmless, but are putting large numbers of Floridians behind bars.

Pain clinics have popped up throughout Florida and, according to some media investigations, result in easy access to highly addictive pain medications. These clinics, of which Florida has an unusually high number, cater to patients seeking strong prescription drugs used to treat chronic pain. Many of these patients have legitimate, long-term, severe pain problems, such as ruptured disks in the back. Others, however, are drug-seeking, and obtain and fill these prescriptions at several different clinics and pharmacies either to support their own addiction or to sell to others. In some instances, patients who have serious pain problems become addicted to these habit-forming painkillers, and ultimately seek out more to satisfy the addiction.

Possession, sale, and trafficking of these prescription drugs, when done without a lawful prescription from a doctor, carries hefty sentencing. For example, if Bob has a chronic pain problem, he may see Dr. Jones once per month to obtain a prescription for hydrocodone to treat the pain. Eventually, Bob becomes addicted, and seeks more than Dr. Jones will prescribe. Bob then visits Dr. Smith, who writes Bob an additional prescription for the same medication, unaware of treatment by Dr. Jones. Bob fills the second prescription at a different pharmacy, keeping half of the extra medication for himself and selling the rest to Jane. Bob and Jane can both face tough sentencing under Florida Statute 893.135. If the quantity was between four and 14 grams of hydrocodone, each could face a mandatory minimum sentence of three years. Larger quantities can result in mandatory minimum sentences of up to 25 years, although the number of pills required to reach this threshold is low.

Drug crimes are treated seriously by law enforcement agencies and prosecutors alike in Florida, say the Tampa criminal attorneys at Musca Law. In fact, Florida drug crimes are often subject to tough mandatory minimum prison sentences, even for relatively small amounts of illegal substances. For example, selling drugs within 1,000 feet of a school carries a mandatory minimum three year prison sentence, says Tampa criminal attorney John Musca. Likewise, trafficking - which often means possession of a certain amount of - of some prescription medications, such as those containing hydrocodone, also carry lengthy mandatory minimum sentences, some as long as 25 years.

Drug crimes are most frequently nonviolent criminal offenses, the Tampa criminal attorneys at Musca Law have found during their decades of combined experience. Most criminal defendants facing drug charges are simply charged with possession of a controlled substance, such as marijuana, cocaine, heroin, oxycodone, hydrocodone, Percocet, ecstasy, or other drugs. Selling the drugs can result in higher penalties, especially if the sales occur within close proximity to certain locations, such as schools, churches, and day-care centers.

Marijuana possession, even of small amounts, carries stiff penalties in Florida. If a court of law finds a defendant guilty of possession of marijuana in an amount less than 20 grams, he faces up to one year in jail for the first-degree misdemeanor. Additionally, this criminal offense will also result in the revocation of the person's driver's license for two years. Trafficking in marijuana or cannabis (see Florida Statute 893.135) can result in mandatory minimum prison sentences of three to 15 years, depending on quantity. Mandatory minimum sentences for other drugs can run as high as 25 years, just for possession (for example, see Florida Statute 893.135).

If you have been arrested for the sale, trafficking, or possession of a controlled substance, contact the Tampa criminal lawyers at Musca Law to discuss your legal rights.

Tampa law enforcement officials have arrested a local man who they believe held a former love interest against her will for two days. Police say that 32-year-old Ernest Vereen, Jr., held his ex-girlfriend this week after the pair had an argument on Sunday. The woman, who is 22 years of age, described being beaten and raped by her ex-boyfriend while he held her captive. She was able to escape from him in the early evening on Tuesday, investigators believe. She immediately went to a gas station and was taken to the hospital to be examined. On Thursday, Tampa police received a tip about Vereen's current location, and he was arrested and taken into custody near the intersection of Delaware Avenue and Willow Street. Vereen was charged with three counts of sexual battery on the woman, as well as kidnapping and aggravated robbery.

The sexual battery, or rape, statute is codified at Florida Statute 794.011. Sexual battery on a person who is over the age of 12 is a second degree felony, punishable by up to 15 years in prison, when the offender does not use "physical force or violence likely to cause serious personal injury." However, the statute also provides that an offender who does use such force is guilty of a first-degree felony, which is punishable by up to 30 years in prison. Vereen has likely been charged with first-degree sexual battery due to the allegation that the woman was physically held against her will.

Kidnapping is covered at Florida Statute 787.01(1)(a)-(2), and includes holding a person against his or her will to commit a felony, to terrorize the kidnapped person or another individual, to use as a shield or hostage, to obtain a ransom, or to interfere with government functions. Kidnapping is punishable by up to 30 years of imprisonment. Robbery as a criminal act is codified at Florida Statute 812.13, and the sentence can be increased if the robber used a deadly weapon, such as a gun.

Websites like Craigslist have been vilified in recent weeks for their perceived role in promoting the commission of certain sex crimes, particularly prostitution. The Craigslist site has agreed to remove its 'erotic services' category, which was primarily used for call girls to advertise their services and drum up business. After several high-profile attacks on women who met men through the site, however, Craigslist has come under fire.

In addition to the selling of sexual services, which is an illegal criminal act in its various permutations under Chapter 796 of the Florida Statutes, Craigslist, various forums, and chat rooms sometimes serve as places for potential child sex offenders or sexual predators to meet underage victims. For example, an adult man may befriend a lonely teenager, eventually pushing the relationship to the sexual level and seeking in-person meetings. Earlier this month, a Georgia man was arrested for attempting to have sexual relations with a 14-year-old girl he met on a social media website, where emails and text messages could be exchanged through their cell phones.

Pinellas County law enforcement officials say that Manuel Willis, who is 43, drove to the area to meet the unidentified 14-year-old for sex on two occasions earlier this year. He was apprehended when he arrived again to have sex with her. Deputies were waiting to take Willis into custody. The girl's father had tipped of deputies after discovering the out-of-state charges on her cell phone bill and investigators had assumed the girl's online identity. Willis is being held in lieu of a $190,000 bail in the Pinellas County jail. He has been charged with multiple counts of traveling to meet a minor for sexual purposes (Florida Statute 847.0135(4)), lewd and lascivious battery on a minor (Florida Statute 800.04(4)), lewd and lascivious molestation (Florida Statute 800.04(5)), and prohibited use of a computer (Florida Statute 847.0135(3)). Ignorance of the age of the child, who must be under the age of 16, is not a defense to either lewd and lascivious battery on a minor, nor to lewd and lascivious molestation.

Tampa bay area law enforcement officials arrested several suspects accused of property crimes and theft over the weekend. The Highlands County Sheriff's Office responded to a call from the Sears at the Lakeland Mall. A witness reported seeing a burglary happening: two suspects, a man and a woman driving an orange or rust-colored Mitsubishi Eclipse, were taking items from an unsecured car in the parking lot. The deputy located the pair, Dawn Nicole Campbell, 35 and Javis Brian Fuller, 24, along with another suspect, Michael Scott Hudy, 25, and placed them under arrest for burglary of the vehicle involved and petty theft. Authorities recovered a wallet and a pair of shoes, items allegedly stolen from the vehicle, as well as an opiate drug in the possession of Hudy.

In another burglary case over the weekend, Martin James Ibanez, 22, was arrested for the burglary of an occupied dwelling. He was not armed at the time of the offense, but forced entry into the home when a woman answered her front door. The victim left the home while Ibanez searched for items, but returned with her cousin. They found Ibanez hiding inside a closet in the home. He was arrested when a Sheriff's deputy responded to the scene. It was not clear if the victim was acquainted previously with Ibanez.

In light of the recent burglaries, police are warning the community about car fishing, a practice in which burglars prowl down a street under the cover of darkness, looking for unlocked cars and stealing belongings from the cars. Local citizens should not leave valuable items, including GPS navigation systems, in plain sight when the car is unoccupied and owners should take care to lock their vehicles before leaving the area.

If you have been arrested, call the Tampa criminal attorneys at Musca Law to discuss your case.

A Tampa bay area woman has been missing since May 8, according to local law enforcement investigators. The Hillsborough County Sheriff's Office believes she left on her own accord, but noted that "[w]e still have an active case" pursuing Susan Jordan, the 57-year-old woman whose children are trying to locate her. Jordan lives by herself and does not drive a car, which makes the circumstances of her disappearance even more odd.

Initially, after Jordan went missing, her children became concerned that she had been the victim of a violent crime - perhaps kidnapping, murder, or even a sex crime. Her home was left vacant and she did not take her purse, cell phone, or even her credit cards along with her. After law enforcement agency investigators began combing the area for clues, however, they turned up more interesting information: Jordan appears to have left town on a Greyhound bus.

Deputies from the Sheriff's Office have located surveillance videotape showing Jordan boarding a bus bound for Orlando at the Greyhound station in Tampa, after taking the local bus system to the station. Jordan, who has shorter, dark hair, was wearing a long, dark wig, with a blue scarf over it. Authorities believe she was attempting to disguise her identity. After arriving in Orlando, she seems to have ditched the wig and scarf in the restroom, and a videotape showed her leaving the Orlando terminal bound for Jacksonville in a pink hat. A few hours later, she is seen exiting that bus and later boarding another, still wearing the hat. This time, she went to Tallahassee, first stopping in Lake City.

Now, authorities do not believe that Jordan has been the victim of a violent crime; instead, it seems that she departed for her own reasons. Still, deputies are continuing to search for Jordan, because her family is continuing to try to locate her. Police believe she may have assumed the name Debbie Kelly and that she remains in Tallahassee at this time.

If you have been accused of a violent crime in the Tampa Bay area, contact the criminal attorneys at Musca Law to discuss your rights.

Superintendent Wayne Alexander says that the school administration is still interviewing high school students regarding last weekend's vandalism of Hernando High School, which was apparently perpetrated by a group of seniors. The school and police have indicated that, despite the damage inflicted and the seriousness of vandalism, they do not expect any criminal charges to be filed against the teens at this time. This decision has been criticized by some community members as overly lenient in light of the behavior of the students.

Two groups of seniors snuck onto the Hernando High School premises on Monday night. The students had been out of school in observance of Memorial Day. Early in the evening, the first group of seniors made their way into the school building, wearing masks and hoods to cover their identities. Once inside, they slicked a layer of petroleum jelly onto surfaces throughout the school, including door handles and railings. They also stacked desks atop one another. Although petroleum jelly is difficult to clean and the school will incur costs to clean up the mess, the prank was relatively minor when compared to the actions of the second group of seniors. School officials believe the two groups of vandals, although acting on the same night, were not working together in any way.

The second group came to the school later on the same night. Once there, they unleashed spray paint to create a significant amount of damage. The students involved in the second group have not all been identified at this point and, unlike the first group, may not all have been graduating this year. The second group of teens spray-painted messages and markings across 15 buildings and one motor vehicle. Many of the messages were sexually explicit or contained profanity.

If you have been accused of a property offense or a theft crime in the Tampa area, contact the criminal defense team at Musca Law.