April 2010 Archives

April 21, 2010

Tampa Criminal Attorney Musca on Massive Cybercrime Child Pornography Operation

A number of Tampa law enforcement agencies collaborated in a six-week cybercrime operation, which was designed to target child predators in the Tampa area.  U.S. Immigration and Customs (ICE) officials combined with Attorney General Bill McCollum and officials from 14 other Tampa agencies in an operation called "Operation Broken Heart."

The program resulted in the execution of 45 warrants and 29 arrests.  Those arrested are facing charges that range from possession and distribution of child pornography to sexual battery.  The images obtained from the defendants included pictures of children who were mere infants.   The operation also led to the rescue of two girls who disclosed they were victims of sexual abuse

Authorities indicated they believe that the collaborative effort led to arrests that would have been difficult for any law enforcement agency operating alone.  "We know that cybercrime knows no geographical boundaries, which is why it is essential that we work together to maximize our resources," commented Attorney General McCollum. "This operation proved that when we work together, Florida's children benefit."

Comments by law enforcement authorities involved in the operation reflect the vigilance of law enforcement authorities when dealing with child pornography and child sex crimes.  "Our greatest challenge is to protect children, and our greatest satisfaction is when those who prey on the innocent are identified, prosecuted and prevented from ruining any more young lives," said Sheriff David Gee. "These predators hide in the shadow of anonymity on the internet. Operation Broken Heart will shine the light of law enforcement on them and their vile and disgusting acts against the most innocent among us."

As Gee's comments indicate, a person facing charges for child pornography or other child sex crimes face consequences that go beyond incarceration in state prison.  "These types of offenses carry such a negative stigma that a mere accusation can carry long-term consequences and a conviction can be devastating to a defendant's reputation," said Tampa criminal defense lawyer John Musca.  "Charges involving internet sex crimes, such as child pornography or internet solicitation of minors can be some of the most serious crimes with which a defendant can be charged."

A qualified internet pornography lawyer will have experience creating strong, viable defenses for individuals who are under investigation or who have been apprehended for internet child pornography offenses.  The defendant's internet child pornography law firm will also typically use a team of investigators, mental health experts, and psychologists to help form a defense and debunk child predator myths explained Tampa criminal defense attorney John Musca.   "The goal is to communicate to the judge and jury that the majority of defendant's accused of such crimes are not sexually violent and have no intent to act or commit an actual crime," said Musca.

 

 

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April 19, 2010

Tampa Criminal Attorney Musca on Man Posing as Doctor While Robbing Jewelry Store

A man who was posing as a doctor was arrested following his failed attempt at robbing a Tampa area (Largo) jewelry store.  Michael Basilotto made an appointment to look at jewelry at the International Diamond Center and showed up to the appointment in medical scrubs.  While he was examining the rings, Bassiloto requested that he be permitted to examine the rings in the sunlight so that he could better evaluate the clarity of the rings.  As Bassiloto examined them in the sunlight, he suddenly punched the store employee in the shoulder and fled the scene.

The store employee gave chase and tackled Bassiloto in the store parking light.  As Bassiloto drove away the employee got part way into Bassiloto's car, but Bassiloto's escape was short lived as he crashed into a palm tree.  When deputies arrived on the scene, they discovered that the car Bassiloto was driving was stolen.  The deputies returned the rings to the jewelry store, which were worth $277,000.  Bassiloto faces a number of felony charges including strong armed robbery, two counts of grand theft, aggravated battery with a deadly weapon and resisting a merchant.
 


Bassiloto faces a lengthy state prison sentence if he is convicted on all charges.  Strong-armed robbery describes a situation where any degree of force is used to complete the offense explained Tampa criminal defense attorney John Musca.  The offense is a second-degree felony punishable by 15 years in state prison.  The grand theft offenses are first degree felonies because the amount stolen is over $100,000 and each first-degree grand theft offense can be punishable by up to 30 years in state prison and a $10,000 fine.  The aggravated battery with a deadly weapon (i.e. Bassiloto's car) is a second-degree felony under Florida criminal law and punishable by up to 15 years in prison.  "While the legal consequences facing Bassiloto are very serious as the above penalties suggest, the punishment could potentially be made even more complex and serious if the defendant has prior convictions," said Musca.

If you have been arrested or rare facing criminal allegations, you face a number of important decisions.  The most critical one is choosing who will represent you in the legal system.

It is important to be proactive in building your defense.  A conviction will likely change your life.  But with high quality legal representation on your side, it is possible to put these charges behind you for good.  If you have been arrested and are seeking legal guidance, Musca Law is here for you.  Contact a Tampa criminal defense lawyer at Musca Law today, to speak with an experienced attorney.  We offer a free trial consultation and Spanish language translation services.
 

 

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April 8, 2010

Tampa Police Arrest Suspect After Stand-Off and Shooting

Tampa officers suffered minor injuries and a suspect was hospitalized after being shot during an incident involving a two and a half-hour standoff.  Officers received information that Jermonte Thorton, who was wanted on outstanding felony warrants, would be at a friend's house.  The officers waited for the suspect at the location using three police SUVs to box the suspect in when he arrived at the friend's home.  Thorton repeatedly rammed the police SUVs before ramming into a tree and driving away.

As Thorton rammed into the tree, Corporal Bryan Hoskins and Officer Tim Bergman each fired one shot at the suspect and indicated they feared for their lives.  One of the officer's bullet's hit Thorton; an investigation is pending to determine which officer's bullet hit Thorton. 

Despite Thorton's injuries, he managed to flee the scene in his vehicle and drove to the Lennox Apartments located at 11311 North 22nd Street.  Thorton knocked on an apartment door and said, "It's me."  The woman in the apartment thought it was her boyfriend and opened the door.  Thorton took the woman hostage and threatened to kill her.  The officers did not see what apartment Thorton went into but followed a trail of blood to a group of four apartments.  As officers prepared to enter the fourth apartment, Thorton jumped from the apartment balcony.  Two K9 officers pursued and jumped over a barbed wire fence in a foot pursuit of Thorton.  The officers apprehended Thorton, who was taken to Tampa General Hospital and treated for a gunshot wound to his side.  Upon arrest, a gun was discovered in Thorton's vehicle.  The officers also suffered minor injuries including cuts on their hands and legs.  The officers were placed on paid administrative leave.

Thorton had already been facing serious charges on the outstanding warrants including armed burglary, battery and aggravated assault as well as additional charges.  He now also faces additional charges of aggravated battery on a law enforcement officer, home invasion robbery and false imprisonment.  Tampa Criminal Defense lawyer John Musca indicated that Thorton could face decades in state prison if convicted.

If you have been arrested or are facing criminal allegations, you face a number of important decisions.  The most critical one is choosing who will represent you in the legal system.

It is important to be proactive in building your defense.  A conviction will likely change your life.  But with high quality legal representation on your side, it is possible to put these charges behind your for good.  If you have been arrested and are seeking legal guidance, Musca Law is here for you.  Contact a Tampa Criminal Defense Attorney at Musca Law today, to speak with an experienced attorney.  We offer a free trial consultation and Spanish language translation services.

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April 7, 2010

Cy Young Winner Dwight Gooden Arrested for Child Endangerment and Drug Related Charges

Tampa Florida native Dwight Gooden, whose baseball career was cut short by legal troubles and substance abuse, was arrested for child endangerment and being under the influence of drugs among other charges, after he allegedly collided with another car from behind.  Gooden was taking his 5-year-old son Dylan to school in Franklin Lakes, New Jersey.  Gooden faces a litany of charges including child endangerment, driving while under the influence of drugs, driving while intoxicated with a child passenger, leaving the scene of a motor vehicle accident, reckless driving, being under the influence of drugs and other minor charges.  Of these charges, child endangerment is the most serious, which by itself can result in a sentence of 10-20 years in state prison.

Officers say they were summoned to the scene after Ronald Schmidt called 911 to report that he was involved in a traffic accident where another vehicle collided with his car from behind.  Gooden has a prior arrest in Tampa for driving on a suspended license, which was suspended for a prior DUI offense.  In Gooden's most recent criminal case prior to this incident, he served seven months in jail for violating probation by using cocaine.  He lives less than a mile from the accident scene.  While no one was injured in the accident, Dylan rode in the vehicle in the backseat without a seat belt.  Gooden has a history of cocaine related arrests, but it was unclear what controlled substance he was suspected of using at the time of the accident.  Gooden's agent Ronald Goldstein also indicated that Gooden had been taking Ambien to help him sleep, which had affected his ability to drive.


While it is not clear at this time what illegal drug is suspected of being in Gooden's system, the Ambien alone could be the basis for a drug related DUI explained Tampa criminal attorney John Musca.  Musca indicated that the prosecutor will emphasize that Gooden colliding with the rear of the other vehicle shows he had enough "controlled substance" or prescription drugs in his system so that his driving ability was impaired.  "A case like this where a minor child is in the vehicle during a drug related DUI accident can result in a long prison sentence and significant fines as well as other penalties," said Musca.  "It is not a defense to drug related DUI that the drug in the suspect's system was obtained legally over the counter or by prescription."  Further, Gooden may be convicted of being under the influence of a "controlled substance" if ANY measurable amount of a controlled substance is detected in Gooden's blood.

Musca Law provides the highest quality criminal litigation services to the residents of Tampa.  Our Tampa Criminal Defense Attorneys have successfully tried and defended, and appealed hundreds of cases in both State and Federal courts throughout Florida.  These cases include, but are not limited to, felony cases and misdemeanor cases, DUI, drug crimes, domestic violence, theft crimes, sex crimes, probation violations, white collar crimes, violent crimes and motor vehicle crimes.

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April 5, 2010

Tampa Criminal Defense Attorney Musca Comments on Tampa Area Prostitution Sweep

Clearwater police arrested 12 people in a sting operation aimed at prostitution in the Tampa area.  The prostitution sting was conducted at various locations of the East Gateway area of Clearwater and was directed at reducing prostitution and solicitation activity in the area.  Jovanny Perez, one of the women arrested, allegedly was HIV positive.  Perez also faces the additional charge of prostitution while HIV positive, which is a third degree felony under Florida criminal law.  Two other women, Tabitha Stewart and Linda Bosack, also face additional charges of possession of drug paraphernalia.  Three other women arrested face an additional charge in addition to the prostitution charge specifically felony solicitation, warrant arrest for failure to appear (FTA) and resisting arrest.

With the rise of the internet, escort services that utilize the internet have become prevalent.  Men from all walks of life and professions frequent these sites and contact escorts for companionship.  However, merely asking a woman to provide sexual services for pay constitutes the criminal offense of solicitation.  Law enforcement frequently run sting operations like the one described above aimed at reducing the amount of prostitution in the Tampa area.  What many people do not realize is that the actual exchange of sex for money is not necessary for a prosecutor to obtain a conviction for solicitation.  The mere offer to pay for sex is all that is required to face arrest for solicitation.  The crime "solicitation of prostitution" is one of the few crimes where mere words alone constitute a criminal offense.

A conviction for solicitation can be very embarrassing and have a devastating impact on one's reputation.  An arrest for solicitation also can lead to the loss of one's marriage, employment and standing in the community.  Under Florida solicitation law, a person arrested for solicitation also faces serious criminal penalties.  The criminal penalties for a solicitation conviction can include the following:

• STD Screening: If you are arrested in Orlando for solicitation, you must submit to STD screening.  A positive test result will mean treatment and counseling with the results made available to court personnel, the prosecutor and the judge.

• Media Exposure: Your arrest may be broadcast on television and covered in the newspaper.  Increasingly, Florida law enforcement is running public service announcements with the names and pictures of those arrested for solicitation and prostitution to utilize public exposure as a deterrent.

• Driver's License Revocation: If you were driving your car when you offered money for sex, your driver's license will be automatically revoked.

• Fines/Costs: You may be fined up to $1000 and may be forced to pay restitution for the cost of the criminal investigation of your case.

• Jail Time: The court has discretion to charge a person arrested for prostitution up to one year in county jail.

To avoid both punishment under Florida solicitation law and the other consequences that flow from a prostitution conviction, you should immediately request a qualified Florida solicitation defense lawyer.  A Florida solicitation defense lawyer may be able to persuade the prosecutor not to charge you so the case is handled discretely and quickly goes away according to Tampa criminal attorney John Musca.  "Alternatively, a qualified Florida solicitation defense lawyer may be able to persuade the judge to allow you to participate in a diversion program.  If the diversion program is completed successfully, the court can dismiss the charges against you," said Musca.

If you have been arrested or are facing criminal allegations, you face a number of important decisions.  The most critical one is choosing who will represent you in the legal system.

It is important to be proactive in building your defense.  A conviction will likely change your life.  But with high quality legal representation on your side, it is possible to put these charges behind you for good.  If you have been arrested and are seeking legal guidance, Musca Law is here for you.  Contact a Tampa Criminal Defense Attorney at Musca Law today, to speak with an experienced attorney.  We offer a free trial consultation and Spanish language translation services.

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