Avoiding a Florida DUI Arrest on Super Bowl Weekend
Muscalaw | February 3, 2012 | 3:14 pm | DUI- DWI Drunk Driving | No comments

The Super Bowl is an exciting event that will not only be drawing out-of-towners to the hosting city of Indianapolis, but also bringing together football fans across the country together at countless Super Bowl parties, where they will enjoy traditional game day food and drink while rooting for their team.

The fun and games of Super Bowl weekend can be ruined by a DUI charge, however.

Drunk driving is common during Super Bowl weekend and, as such, law enforcement will be aggressively on the lookout for drivers who are under the influence of alcohol. If a driver seems impaired, they will be pulled over, whether they are actually so or not. Some of the common signs that police officers look for when attempting to identify intoxicated drivers include:

  • Drifting across multiple lanes;
  • Abruptly changing speed;
  • Poorly navigating turns;
  • Driving excessively slow;
  • Driving the wrong way; and
  • Ignoring traffic control devices.

Being pulled over for other simple traffic violations, such as speeding or failing to yield the right-of-way, may also lead to a DUI arrest. However, a traffic violation is often just that and nothing more. Law enforcement can become overzealous in their efforts to take drunk drivers off the roads. Though this is understandable as drunk driving accidents do occur and are often deadly, it can lead officers to misconstrue observations as well as violate proper procedure.

If you have been arrested for DUI in Florida, the experienced Florida DUI defense lawyers at Musca Law can examine the details of your arrest to determine any violations of procedure and if the stop itself was unlawful. To learn more about protecting your legal rights and avoiding DUI penalties, contact us today at (800) 687-2252 for a confidential consultation.

U.S. Supreme Court Agrees to Consider Florida Unlawful Search Case Related to Drug Dog’s Sniff
Muscalaw | January 13, 2012 | 3:09 pm | Drug Crimes | No comments

According to the The Washington Post, the U.S. Supreme Court has agreed to consider the constitutionality of a drug dog’s sniff of private residence as it pertains to the 4th Amendment, which protects Americans from unlawful search and seizure. The case in question was originally tried in 2006, where it was thrown out by a trial judge after agreeing that the dog’s sniff was an unconstitutional law enforcement intrusion into the private residence. Although an appeals court reversed the decision, the Florida Supreme Court sided with the original judgment.

The 2006 case was based on the work of a now-retired chocolate Labrador drug dog named Franky. On December 5, 2006, Miami-Dade detectives, as well as U.S. Drug Enforcement Administration (DEA) agents, conducted surveillance outside a private residence after receiving an anonymous tip that the house may be the base of a marijuana growing operation. When Franky arrived at the home with his handler, he immediately detected the odor of marijuana at the front door and sat down, confirming the sniff. That sniff successfully got a search warrant, which led to the seizure of 179 live marijuana plants from the house.

Though Franky’s nose was right, the defense attorney successfully argued that his sniff constituted an illegal search and a 4th Amendment rights violation, as private residences are entitled to a higher level of privacy. Although the U.S. Supreme court has already ruled drug dog sniffs as constitutional in searches conducted in public places and even vehicles, the question now is whether private residences, which are entitled to greater privacy, require a heightened level of review when it comes to 4th Amendment rights and the actions of a drug dog. The Supreme Court is expected to hear argument in April and issue their decision in June.

If you have been charged with a drug crime in Florida, the aggressive Miami-Dade County drug crime attorneys at Musca Law can build a strong defense on your behalf and ensure the protection of your constitutional rights. To learn more, contact us today at (800) 687-2252 for a confidential consultation.

Florida Seniors Crime Prevention and Safety Fair Held in Northdale
Muscalaw | January 11, 2012 | 3:55 pm | Theft Crimes | No comments

Out of every U.S. state, Florida has the highest number of senior citizens, thanks to its desirable retirement atmosphere. Because of this, however, Florida has one of the nation’s highest levels of elder abuse and identity theft cases, according to the Carrollwood Patch. In an effort to help senior citizens from becoming victims of such crimes, law enforcement officials and local residents created the Seniors Crime Prevention and Safety Fair in 2010.

This year marked the third annual fair, which was held on Friday, January 6, 2012 from 9:30 a.m. to 1:30 p.m. at the Northdale Recreation Center at 15550 Spring Pine Drive. The fair was sponsored by Hillsborough County Parks, the Northdale OWLS, the sheriff’s office’s community outreach division, and Recreation and Conservation, and included free food by T.G.I. Friday’s, as well as informative presentations, such as one by Proshred Security which informed senior citizens how to effectively dispose of unwanted personal documents. Other organizations in attendance included Operation Medicine Cabinet, which allows seniors to properly dispose of unwanted prescription medications.

Additional helpful topics included how to make your home safe, what to carry and what not to carry in your wallet, and how to avoid identity theft schemes. The latter is especially important considering Florida was ranked first in identity theft cases in 2010.

Many identity theft cases are based in misunderstanding or even false accusations. If you have been charged with identity theft or any other theft crime in Florida, the aggressive Florida theft crime attorneys at Musca Law can protect your legal rights. To learn more about getting your charges reduced or dropped, contact us today for a confidential consultation at (800) 687-2252.

Investigation of FAMU Hazing Death Reveals Possible Fraud
Muscalaw | January 6, 2012 | 8:01 am | Fraud Offenses | No comments

Hazing is a crime in Florida (Florida Statute 1006.63). Recently, the suspicious death of a FAMU marching band member led to an investigation into alleged hazing practices within the marching band and at the university. But, according to a CNN news report, authorities may have found more than just hazing going on at the school.

The investigation into the student’s death uncovered a possible fraud scheme at the university. A source close to the investigation revealed that the fraud is not related to the student’s death. After having discovered the possible fraud, the Florida Department of Law Enforcement issued letters to the state university system and the heads of the FAMU board informing them of the initiation of a separate investigation as the result of new information which potentially leads to misconduct and fraud by employees and others at the university. What type of fraud it may be is yet unknown.

White collar crimes, such as fraud, can be very complicated and involve many different people and/or organizations. There are various types of fraud, all of which are a form of theft. Some common forms of fraud include:

  • Bank fraud;
  • Check fraud;
  • Tax fraud;
  • Internet fraud;
  • Mail fraud;
  • Credit card fraud;
  • Insurance fraud; and
  • Healthcare fraud.

In order to be convicted of a fraud offense, the prosecution must prove that the suspect intended to defraud others out of money, rights, or property. Oftentimes, “fraud” is actually an innocent mistake. If you have been charged with fraud in Florida, the experienced Leon County fraud defense attorneys at Musca Law can ensure that you are not charged unjustly. Call us today to learn more about your legal rights and options at (800) 687-2252.