Tampa Criminal Lawyer Blog

Under Florida law, theft is defined as the taking of property from another with the intent to either temporarily, or permanently deprive an individual of their property. Florida theft charges are divided into petit theft or grand theft, and depending on the value of what was stolen, may be charged as a second-degree misdemeanor all the way up to a first-degree felony. Theft crimes reflect on an individual's honesty and a conviction can make it difficult later on to get a job, or earn a prospective employer's trust.

Shoplifting and theft are serious crimes under Florida Law, as well as they are enhanceable crimes. This means each subsequent offense results in more severe penalties. Because theft law is so broad, and covers a wide variety of situations, many theft charges occur after a misunderstanding among the parties involved. A skilled Florida criminal defense attorney can help sort through the facts of the situation and protect the rights of an individual charged with a theft. 

Grand Theft attorneys at Musca Law recently assisted a client accused of Grand Theft achieving the best results possible. Our client had moved from Virginia to join a local Christian church. The church pastor invited him to live in the church boarding house in exchange for manual labor. Prior to living in the boarding house, our client was homeless and living on the street. A few months into the arrangement, the pastor accused our client of removing items of furniture and appliances from the house. Police arrested him and charged him with Grand Theft. Our attorneys aggressively challenged the State on being able to meet its burden of proof; the State dismissed the charge of Grand Theft against our client.

There is an old saying "come to Florida on vacation, leave on probation." A dream Florida vacation can quickly turn into a nightmare if you are charged with a crime. Suddenly you are faced with the probability of a delay in your return home, extended time off from work, as well as a future criminal proceeding with unknown consequences.

If you are arrested for a crime in the State of Florida, only a Florida lawyer can defend you in court. A local criminal defense lawyer who is familiar with the legal process and the prosecutors can help resolve your case as quickly as possible. Misdemeanor charges, such as most DUI's, may be settled without requiring personal appearance in court. This is referred to as a "Plea in Absentia" and requires the approval of the Court. Attorneys at Musca Law have represented many out of state residents who have become involved in a Florida tourist arrest. Our attorneys are well-respected among prosecutors and judges, and utilize aggressive defense strategies.

Our client traveled from Pennsylvania to Florida to spend some vacation time in the Sunshine State. Police observed his vehicle traveling on the highway and noticed his license plate was obscured. The officer could not tell which state his tag was from and conducted a traffic stop. Upon making contact with the occupants of the vehicle, the officer claimed they were rude and condescending. The officer issued a ticket for the traffic offense and the driver became extremely upset. The officer explained to the driver his options and warned him that he would be arrested if he did not sign the citation. Even though he was warned, our client still refused to sign the citation and was placed under arrest for Refusal to Sign Summons, under Fla. Statute 318.14(3).

Our attorneys filed a Plea in Absentia on behalf of our client and pursuant to a Plea, there was no conviction/no finding of guilt. Our client's case was resolved without the need for him to travel back to Florida to appear in court. Furthermore, he is eligible to have his records sealed.

Our client, a citizen of Brazil, was attempting to relocate. He did not have a valid driver's license and was pulled over for speeding. He was arrested and charged with Operating a Motor Vehicle without Valid Driver's License, Fla. Statute 322.031.

The Defendant had an employment opportunity in New Jersey and subsequently moved out of state. He retained the highly-skilled criminal defense team at Musca Law to handle his case. Our attorneys are experienced in dealing with situations of a client living out of state. The State of Florida is well known for tourist arrests and we have handled many cases for out of state residents. Having a local attorney represent a defendant in absentia can save thousands of dollars in airplane tickets and lost wages.

Our attorneys filed a Plea of Absentia on behalf of the Defendant. Cases involving out of state residents facing criminal charges in Tampa,Florida, a Plea of Absentia allows us to negotiate with the State Attorney to reach a resolution on their charges without the need for them to return to the State of Florida.  Our attorneys attend all necessary court appearances, alleviating the defendant's obligation to appear in court. After extensive negotiations with the Prosecutor assigned to the case, adjudication was withheld and our client did not get convicted.

While attempting to board a flight in Atlanta, a former Hillsborough County resident became aware that a warrant had been issued for his arrest. He was surprised to discover that a past mistake had caught up with him and he was now facing criminal charges. Over a decade earlier he had been employed with a surveying company in Tampa. He was laid off from the company and was approved to collect unemployment compensation from the State of Florida. The man was unaware of the fact that his part time cleaning job actually disqualified him for unemployment. Unable to secure work in the Tampa area, he moved to another state.

The Labor Department conducted a fraud investigation and brought a charge of Unemployment Compensation Fraud, under Fla. Statute 443.071(1), against the defendant. According to their records he had fraudulently collected unemployment for 6 months; this resulted in a warrant for his arrest being issued in Hillsborough County.

Unemployment Compensation Fraud is defined as, "any false statement or failure to disclose material fact, knowingly made for the purpose of obtaining or preventing payment of benefits contrary to the provisions of the Unemployment Compensation law." The responsibility to establish intent in determining a claim to be fraudulent is up to a Benefits Payment Control associate. Intent is important in referring a case for prosecution. Being found guilty of Unemployment Compensation Fraud is a 3rd degree felony and can result in jail time.

Realizing the serious consequences of the criminal charges he was facing, the defendant retained the services of Tampa criminal defense lawyers at Musca Law. Our knowledgeable legal team has over 100 years of combined experience and provides our clients with comprehensive legal services. The defendant had the peace of mind knowing that skilled local attorneys would be providing his defense. We used diligent efforts in negotiating with the State Prosecutor, focusing on whether our client had intent to commit fraud against the State. Our defense strategy prevailed and the State dismissed the case against our client!

A 2006 traffic citation for driving with an expired license was not an immediate priority for a young woman living in Sarasota County at the time. The 27 year old immigrant was in the US on a VISA. She failed to get the traffic violation resolved before moving to Colorado with her husband. Two years elapsed and the situation got out of hand. Driving with a License Expired more than 4 months, Florida Statute 322.34(2), is a 2nd Degree Misdemeanor punishable by up to 60 days in county jail and fines up to $500 with court costs.
The defendant's failure to appear before the Court for arraignment resulted in a bench warrant being issued for her arrest. Since she was now living out of state the situation was even more difficult to deal with. She engaged the services of Tampa criminal defense attorneys at Musca Law. Having experienced local criminal defense attorneys is imperative in resolving criminal charges, especially when living out of state. 
Our attorneys filed a Waiver of Appearance with the Court. The Waiver was accepted and our client was not required to be present at the pre-trial hearing. We then motioned the Court to set aside the bench warrant. Our Motion was granted and we entered a Plea of Absentia. Our Plea was also accepted and allowed us to negotiate with the State Attorney to reach a resolution on this case. We successfully reached a negotiation to our client's criminal charges without her ever having to return to the State of Florida.
Knowledgeable local representation can save an individual thousands of dollars in travel costs and time lost from employment, not to mention peace of mind.

 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" »

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.

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.