Recently in Out of State Defendant Category

April 16, 2009

Unsolved Criminal Cases - The Zodiac

In the 1960s and 1970s, the San Francisco Bay area was terrorized by a serial killer who came to be known as the Zodiac. The Zodiac enjoyed taking credit for his work. He sent letters to various local newspapers, some partially encrypted with a code, and appeared to be mentally ill. The killer apparently believed that his victims would become his slaves in afterlife.

The Zodiac also made a point to taunt local police. He sent them a map, with clues regarding the past and future locations of attacks. He personally reported several of the murders to the police department from pay phones just blocks away. He even claimed that police had spoken with him just moments after a murder was reported and taunted police for their shoddy investigative skills.

None of the Zodiac murders were ever solved. The Zodiac ceased all communication with police and newspapers by the late 1970s. Eerily, he tended to leave his running tally at the bottom of his letters to the newspapers, crediting himself with a growing number of murders and always assigning the San Francisco Police Department a zero for their failure to solve the murders or to apprehend him. He would eventually claim responsibility for 37 deaths, although police attribute only seven victims, five of whom died, to him. The Zodiac also enjoyed when his letters, full of misspellings, were published.

The Zodiac did not seem to have a particular goal in mind. He killed a cab driver and attacked several young couples. He may have been responsible for the murder of a young woman who was studying at her college library and he is also suspected in the murder of a nurse, whose body was never located. He often used guns and sometimes knives. Police were never able to solve the mystery, despite composite sketches and fairly good descriptions given of a young man with brown hair and a stocky build. Now, must of the Bay area police departments have closed the Zodiac cases.

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April 8, 2009

"No Intent" Defense to Unemployment Fraud Prevails - Hillsborough County, FL: Case Dismissed!

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!

 

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April 1, 2009

In Trouble with Florida Law and Living Out of State: Tampa Criminal Defense Attorney Successfully Resolves Case

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.

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