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	<title>West Palm Criminal Lawyers</title>
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	<link>http://www.westpalmcriminallawyers.com</link>
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		<title>West Palm Beach Rape Defense: Disputing DNA</title>
		<link>http://www.westpalmcriminallawyers.com/2012/05/west-palm-beach-rape-defense-disputing-dna/</link>
		<comments>http://www.westpalmcriminallawyers.com/2012/05/west-palm-beach-rape-defense-disputing-dna/#comments</comments>
		<pubDate>Fri, 04 May 2012 18:09:55 +0000</pubDate>
		<dc:creator>Muscalaw</dc:creator>
				<category><![CDATA[rape]]></category>
		<category><![CDATA[West Palm Beach rape]]></category>
		<category><![CDATA[West Palm Beach rape defense]]></category>
		<category><![CDATA[West Palm Beach rape defense attorneys]]></category>

		<guid isPermaLink="false">http://www.westpalmcriminallawyers.com/?p=705</guid>
		<description><![CDATA[A West Palm Beach rape defense will be required for a man accused of burglarizing a woman&#8217;s home and sexually assaulting her as her child lay sleeping nearby. Our West Palm Beach defense attorneys understand that law enforcement officials were led to the suspect after extracting DNA from a cigarette the man smoked and then [...]]]></description>
			<content:encoded><![CDATA[<p>A <a href="http://www.westpalmcriminallawyers.com/sex-crimes/">West Palm Beach rape defense</a> will be required for a man accused of burglarizing a woman&#8217;s home and sexually assaulting her as her child lay sleeping nearby. <a href="http://www.westpalmcriminallawyers.com/wp-content/uploads/2012/05/dna.jpg"><img class="alignright size-full wp-image-706" title="dna" src="http://www.westpalmcriminallawyers.com/wp-content/uploads/2012/05/dna.jpg" alt="" width="300" height="200" /></a></p>
<p>Our <a href="http://www.westpalmcriminallawyers.com/firm-overview/">West Palm Beach defense attorneys</a> understand that law enforcement officials were led to the suspect after extracting DNA from a cigarette the man smoked and then threw away.</p>
<p>First, let&#8217;s take a look at the crime of rape itself, and the possible penalties, according to <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;URL=0700-0799/0794/0794ContentsIndex.html&amp;StatuteYear=2011&amp;Title=-%3E2011-%3EChapter%20794" target="_blank">FL Chapter 794</a>. In this case, the suspect is facing charges of burglary and sexual battery. Burglary can be a felony, but the most serious offense here is obviously the sexual battery charge.</p>
<p>Sexual battery is defined in <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;Search_String=&amp;URL=0700-0799/0794/Sections/0794.011.html" target="_blank">FL Statute 794.011 </a>as a sexual act that was initiated (regardless of whether it was completed) by one person through force, coercion or threat. Whether or not an alleged victim resists does not matter. In some cases, it is implied that a person cannot consent. This would include someone who is mentally challenged or &#8220;mentally incapacitated,&#8221; which means they could be under the influence of alcohol or some other substance or otherwise unconscious and not able to offer consent. Children, too, are considered unable to give consent.</p>
<p>If the sexual battery is committed upon a person over the age of 12 and there is no physical force or violence, it&#8217;s considered a second-degree felony, punishable by up to 15 years in prison.</p>
<p>In this case, the 28-year-old alleged victim told police she awoke in her home around 4 a.m. to a man covering her mouth. He reportedly ordered her not to say anything and then proceeded to sexually assault her, with her child sleeping next to her.</p>
<p>He then reportedly took her cell phone and ran away on foot.</p>
<p>After reporting the alleged assault to police, a rape kit was completed. This is basically a  medical exam that is used to collect physical evidence from the victim, including any DNA.</p>
<p>A few days later, the woman reportedly saw the man and called police. Officers identified the man and questioned him, as he smoked a cigarette. He denied any involvement in the crime, but deputies then picked up the cigarette butt he had tossed while speaking to them.</p>
<p>His DNA was tested, and it was a match for the DNA collected from the rape kit.</p>
<p>It would seem prosecutors have a pretty rock-solid case here. However, there are ways in which an experienced West Palm Beach defense attorney can attack the credibility of DNA evidence.</p>
<p>In fact, there have been cases in the past in which an innocent person was convicted, based on faulty DNA evidence. DNA tests can be done incorrectly, and have been known to be misinterpreted or misunderstood. It&#8217;s a very technical science, and it must be conducted in a very specific way in order for it to produce accurate results. Contrary to popular belief, a lot of DNA evidence is subjective, and depends on the scientist who is reading it. A defense attorney will also likely challenge the rights of officers to seize the cigarette butt.</p>
<p>The bottom line is there is room for reasonable doubt, and particularly if investigators are sloppy with their work, West Palm Beach criminal defense attorneys can attack the credibility of their evidence.</p>
<p><em>If you have been arrested for <strong><a href="../contact-musca-law/">rape in West Palm Beach</a></strong>, the criminal defense attorneys at Musca Law can build an effective defense on your behalf. To learn more about how we can help you, contact us today for a confidential consultation at (800) 687-2252.</em></p>
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		<title>West Palm Beach Juvenile Defense: Civil Citations a Better Alternative</title>
		<link>http://www.westpalmcriminallawyers.com/2012/05/west-palm-beach-juvenile-crimes-defense-civil-citations-a-better-alternative/</link>
		<comments>http://www.westpalmcriminallawyers.com/2012/05/west-palm-beach-juvenile-crimes-defense-civil-citations-a-better-alternative/#comments</comments>
		<pubDate>Thu, 03 May 2012 17:23:10 +0000</pubDate>
		<dc:creator>Muscalaw</dc:creator>
				<category><![CDATA[juvenile crimes]]></category>
		<category><![CDATA[West Palm Beach juvenile crime defense attorneys]]></category>
		<category><![CDATA[West Palm Beach juvenile crimes]]></category>

		<guid isPermaLink="false">http://www.westpalmcriminallawyers.com/?p=696</guid>
		<description><![CDATA[When it comes to West Palm Beach juvenile crime, the goal of the court system is reform, rather than punishment. Our West Palm Beach juvenile defense attorneys know that sometimes, though, prosecutors can lose site of that, and a criminal record can follow a youth well after they&#8217;ve turned 18, as we recently reported in [...]]]></description>
			<content:encoded><![CDATA[<p>When it comes to <strong><a href="http://www.westpalmcriminallawyers.com/2012/04/west-palm-beach-juvenile-crimes-can-have-lasting-impact/">West Palm Beach juvenile crime</a>,</strong> the goal of the court system is reform, rather than punishment.<a href="http://www.westpalmcriminallawyers.com/wp-content/uploads/2012/05/teensad.jpg"><img class="alignright size-full wp-image-698" title="teensad" src="http://www.westpalmcriminallawyers.com/wp-content/uploads/2012/05/teensad.jpg" alt="" width="211" height="300" /></a></p>
<p>Our <a href="http://www.westpalmcriminallawyers.com/attorney-profiles/">West Palm Beach juvenile defense attorneys</a> know that sometimes, though, prosecutors can lose site of that, and a criminal record can follow a youth well after they&#8217;ve turned 18, as we recently reported in our <a href="http://www.westpalmcriminallawyers.com/2012/04/west-palm-beach-juvenile-crimes-can-have-lasting-impact/">West Palm Beach Criminal Defense Lawyers Blog</a>.</p>
<p>A West Palm Beach juvenile criminal record can be an issue for college admissions offices, military service and when trying to get an apartment.</p>
<p>That&#8217;s why parents really need to see an experienced defense lawyer as an investment in their child&#8217;s future. Throwing them at the mercy of the court to teach them a lesson is never a good idea. A good attorney can work to negotiate with prosecutors for dismissal of certain charges, diversion programs and decreased penalties.</p>
<p>So we were encouraged to hear about a new program that has been adopted in Orange and Osceola Counties, in which juveniles collared for minor crimes will be ticketed, rather than arrested.</p>
<p>Tough-on-crime advocates insist that this is the wrong approach, but they forget: These are just kids. They sometimes don&#8217;t always make the best choices, but they shouldn&#8217;t be forced to pay for it well into adulthood.</p>
<p>Here&#8217;s what we know of the new program, as reported by the <a href="http://articles.orlandosentinel.com/2012-04-30/news/os-orange-juveniles-avoid-arrests-20120425_1_civil-citations-wansley-walters-juvenile-justice" target="_blank">Orlando Sentinel</a>:</p>
<p>It was essentially created for young people who commit offenses like shoplifting or sneaking a beer. First-time, non-violent offenders would receive a civil citation rather than an arrest and a trip to juvenile detention and court.</p>
<p>Program organizers say it could mean 1,500 fewer juvenile arrests in an average year in both counties. The local state attorney was quoted as saying that for many children, their first encounter with law enforcement will likely be their last.</p>
<p>About 50 other counties in Florida have adopted this type of juvenile justice approach, and Seminole County hopes to have it in place by mid-summer. Palm Beach County, unfortunately, is not one of them.</p>
<p>Not only is this approach effective, but many say it is less time-consuming and less costly for the court system. Advocacy groups say that if it was adopted in every county in Florida, it could save the state nearly $45 million annually.</p>
<p>In many cases, juveniles who receive a civil citation have to perform some kind of community service, pay restitution if their crime involved theft or some damage to property and in some cases, write letters of apology to victims or appreciation to officers who aided them in the program. They also receive access to helpful resources, like anger management courses or substance abuse programs.</p>
<p>The decision of whether to make an arrest or issue a citation is up to the discretion of the officer. Sex crimes, gang-related crimes or things like animal cruelty aren&#8217;t eligible.</p>
<p>Those offenses that would be considered eligible are:</p>
<p>Disorderly conduct;</p>
<p>Alcohol possession;</p>
<p>Loitering;</p>
<p>Resisting arrest;</p>
<p>Fighting at school;</p>
<p>Misdemeanor drug possession;</p>
<p>Trespassing;</p>
<p>Petty theft or shoplifting;</p>
<p>Violation of hunting, fishing or boating laws;</p>
<p>Vandalism.</p>
<p><em>Those seeking <strong><a href="../contact-musca-law/">juvenile defense in West Palm Beach</a></strong> can call Musca Law today for a confidential consultation at (800) 687-2252.</em></p>
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		<title>Carjacking Defense</title>
		<link>http://www.westpalmcriminallawyers.com/2012/04/carjacking-defense/</link>
		<comments>http://www.westpalmcriminallawyers.com/2012/04/carjacking-defense/#comments</comments>
		<pubDate>Wed, 25 Apr 2012 17:19:04 +0000</pubDate>
		<dc:creator>Muscalaw</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://www.westpalmcriminallawyers.com/?p=691</guid>
		<description><![CDATA[Carjacking involves taking someone else&#8217;s vehicle by force or fear. If you are accused of carjacking, you are facing serious criminal charges that could result in a lengthy prison sentence. As such, it is very important to protect your legal rights. In order to achieve the best possible outcome when accused of carjacking, it is [...]]]></description>
			<content:encoded><![CDATA[<p><strong></strong>Carjacking involves taking someone else&#8217;s vehicle by force or fear. If you are accused of carjacking, you are facing serious criminal charges that could result in a lengthy prison sentence. As such, it is very important to protect your legal rights.</p>
<p>In order to achieve the best possible outcome when accused of carjacking, it is advisable to contact an experienced West Palm Beach criminal defense attorney. The theft crimes lawyers at Musca Law have represented clients accused of carjacking in many past cases and we have the legal knowledge and experience necessary to help you when you are facing this serious charge. We can assist you in all aspects of a carjacking case, from responding to law enforcement during the initial investigation against you to considering defenses or plea bargains that may allow you to minimize or avoid the consequences of a carjacking conviction.</p>
<h3 style="text-align: center;">West Palm Beach Criminal Defense Attorneys</h3>
<p>Florida defines the criminal offense of carjacking in <a href="http://www.flsenate.gov/Laws/Statutes/2011/812.133">Florida Statute 812.133</a>.  The offense involves stealing a motor vehicle from someone else&#8217;s person or custody (i.e. taking it from a person, not from a garage or from a driveway). In order to be found guilty of carjacking, you must have taken it with the intent to permanently or temporarily deprive the rightful owner of its use. Finally, force, intimidation or threats must be used to take the vehicle.</p>
<p>The penalties associated with carjacking will vary depending on whether you had a weapon with you and used it in the carjacking. When you used a deadly weapon such as a gun or other firearm, this makes carjacking a first-degree life felony. This means that if you are convicted, you could be sentenced to prison for the rest of your life. If you engaged in the carjacking without the use of a deadly weapon, then you still face a first-degree felony. However, in this case, the maximum penalty would be thirty years.</p>
<p>The lengthy prison terms associated with a carjacking charge mean that it is imperative you get legal assistance. A criminal defense attorney can review your case and help you to decide on the best course of action for either defending yourself or for arranging a plea bargain.</p>
<p>Defending yourself against a carjacking charge may be as simple as pointing out that there are holes in the prosecutor&#8217;s case. Because a prosecutor has to prove beyond a reasonable doubt that you are guilty of carjacking, if they fail to prove one or more elements of the crime, then you cannot be found guilty. You could present an alternative theory of the crime, for instance, or argue that you weren&#8217;t really the person who engaged in the carjacking and that the case is one of mistaken-identity. If you are persuasive in making these or other arguments, you may introduce doubt.</p>
<p>In some cases, defending yourself against the carjacking charges is not possible or it is very unlikely that a defense will be successful. When this occurs, your West Palm Beach criminal defense lawyer can help you to explore options for negotiating a plea deal with the prosecutor. This may involve a shorter or lesser prison sentence for the carjacking or, in some cases, you may even be able to plead guilty to lesser charges.  Your attorney will explain your options and help you to decide which is best.</p>
<p style="text-align: center;">Don&#8217;t gamble with your freedom, future and reputation. <em>If you are facing carjacking charges in West Palm Beach, call the West Palm Beach criminal defense lawyers at Musca Law for a free consultation. <span style="text-decoration: underline;">239-277-5297</span>. Phone answered 24/7.</em></p>
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		<title>High-Profile West Palm Beach DUI Manslaughter Case: New Trial?</title>
		<link>http://www.westpalmcriminallawyers.com/2012/04/high-profile-west-palm-beach-dui-manslaughter-case-new-trial/</link>
		<comments>http://www.westpalmcriminallawyers.com/2012/04/high-profile-west-palm-beach-dui-manslaughter-case-new-trial/#comments</comments>
		<pubDate>Wed, 25 Apr 2012 14:07:55 +0000</pubDate>
		<dc:creator>Muscalaw</dc:creator>
				<category><![CDATA[DUI]]></category>
		<category><![CDATA[West Palm Beach criminal attorneys]]></category>
		<category><![CDATA[Palm Beach County DUI]]></category>
		<category><![CDATA[West Palm Beach DUI]]></category>
		<category><![CDATA[West Palm Beach DUI defense attorney]]></category>

		<guid isPermaLink="false">http://www.westpalmcriminallawyers.com/?p=657</guid>
		<description><![CDATA[The West Palm Beach DUI manslaughter case of a wealthy polo magnate accused of killing a 23-year-old recent college graduate captivated both local and national media. West Palm Beach DUI manslaughter attorneys watched the case with interest, particularly the claim of wealth bias, juror misconduct and the issue of how a multi-million dollar settlement will [...]]]></description>
			<content:encoded><![CDATA[<p>The <strong><a href="http://www.westpalmcriminallawyers.com/dui-defense/">West Palm Beach DUI manslaughter</a></strong> case of a wealthy polo magnate accused of killing a 23-year-old recent college graduate captivated both local and national media.<a href="http://www.westpalmcriminallawyers.com/wp-content/uploads/2012/04/epluribus.jpg"><img class="alignright size-full wp-image-659" title="epluribus" src="http://www.westpalmcriminallawyers.com/wp-content/uploads/2012/04/epluribus.jpg" alt="" width="300" height="199" /></a></p>
<p><a href="http://www.westpalmcriminallawyers.com/attorney-profiles/">West Palm Beach DUI manslaughter attorneys</a> watched the case with interest, particularly the claim of wealth bias, juror misconduct and the issue of how a multi-million dollar settlement will affect the proceedings.</p>
<p>The defendant, John Goodman, was convicted last month of DUI manslaughter (<a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;Search_String=&amp;URL=0300-0399/0316/Sections/0316.193.html" target="_blank">FL Statute 316.193</a>) and vehicular homicide, and is scheduled to be sentenced at the end of this month.</p>
<p>Now, his attorneys are fighting for a new trial on the basis of juror misconduct, as well as the notion that the media and prosecutors improperly hyped the &#8220;wealth bias&#8221; against their client.</p>
<p>Now, the issue of whether a large settlement in the case will affect this has arisen.</p>
<p>According to The Palm Beach Post, civil suits brought by the alleged victim&#8217;s family against the defendant were dropped in lieu of a $46 million settlement &#8211; speculated to be $1 million for each year their son might have been expected to live had the accident not occurred.</p>
<p>However, attorneys for the victim&#8217;s parents said most of that money came from the insurance company, as well as the Player&#8217;s Club, where Goodman was alleged to have drank the night of the crash in Wellington.</p>
<p>So will it sway the judge to release the defendant while he awaits a ruling on a new trial?</p>
<p>It depends, but it hasn&#8217;t so far, as Goodman remains in jail. Judges have a lot of discretion when it comes to matters like this, and sometimes their decision can depend on certain acts of good faith. For most of us, that might mean immediately paying back money you stole in a theft case or checking into rehab after a drug offense. Still, it really depends on the circumstances of each case, including whether the alleged offense was violent and what your criminal history looks like.</p>
<p>The wealth bias issue might be hard to prove, but it&#8217;s certainly worth a shot, as it&#8217;s probably true. People who aren&#8217;t wealthy may harbor some resentment toward those who are &#8211; especially if they have no problem flaunting their wealth. It doesn&#8217;t make them guilty of any crime, but it can hurt their likability in the eyes of the jury. That&#8217;s not supposed to matter, but unfortunately, sometimes it does.</p>
<p>With regard to the issue of juror misconduct, this may be the strongest chance Goodman has for a new trial.</p>
<p>According to local media, an alternate juror has filed an affidavit, alleging that jurors talked amongst themselves about certain aspects of the case and traded their opinions of Goodman &#8211; prior to jury deliberations. It&#8217;s going to depend on the specifics of the jurors all say under oath, but if it&#8217;s true, that could be grounds for a mistrial if the judge determines that those actions may have influenced the outcome of the trial.</p>
<p>We also know that one of the jurors is intending to write a book about the experience. That&#8217;s not illegal, but it could help bolster the defense&#8217;s position &#8211; which all along was that the proceedings took on more of a circus atmosphere than a trial.</p>
<p><em>If you have been arrested for <strong><a href="http://www.westpalmcriminallawyers.com/contact-musca-law/">DUI manslaughter in West Palm Beach</a></strong>, the Palm Beach County criminal defense attorneys at Musca Law can build an effective defense on your behalf. To learn more about how we can help you, contact us today for a confidential consultation at (800) 687-2252.</em></p>
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		<title>South Florida Insurance Fraud Cases Increasing</title>
		<link>http://www.westpalmcriminallawyers.com/2012/04/south-florida-insurance-fraud-cases-increasing/</link>
		<comments>http://www.westpalmcriminallawyers.com/2012/04/south-florida-insurance-fraud-cases-increasing/#comments</comments>
		<pubDate>Tue, 24 Apr 2012 14:01:45 +0000</pubDate>
		<dc:creator>Muscalaw</dc:creator>
				<category><![CDATA[fraud]]></category>
		<category><![CDATA[Florida insurance fraud defense]]></category>
		<category><![CDATA[Florida insurance fraud defense attorneys]]></category>
		<category><![CDATA[Miami insurance fraud defense]]></category>

		<guid isPermaLink="false">http://www.westpalmcriminallawyers.com/?p=652</guid>
		<description><![CDATA[Sixteen people were arrested on charges of Miami insurance fraud and grand theft, stemming from allegations lodged against a health care provider. Our Miami insurance fraud defense attorneys understand that these types of cases have spiked dramatically in recent years, as the government officials aim for a &#8220;tough-on-crime&#8221; reputation. This was the result of an [...]]]></description>
			<content:encoded><![CDATA[<p>Sixteen people were arrested on charges of <strong><a href="http://www.muscalaw.com/South_Florida_Criminal_Defense/Insurance_Fraud.htmlhttp://">Miami insurance fraud</a></strong> and grand theft, stemming from allegations lodged against a health care provider. <a href="http://www.westpalmcriminallawyers.com/wp-content/uploads/2012/04/moneyfraud.jpg"><img class="alignright size-full wp-image-653" title="moneyfraud" src="http://www.westpalmcriminallawyers.com/wp-content/uploads/2012/04/moneyfraud.jpg" alt="" width="300" height="200" /></a></p>
<p>Our <a href="http://www.muscalaw.com/Firm_Overview/Attorney_Profiles.html">Miami insurance fraud defense attorneys</a> understand that these types of cases have spiked dramatically in recent years, as the government officials aim for a &#8220;tough-on-crime&#8221; reputation.</p>
<p>This was the result of an undercover sting operation spearheaded by the Miami-Dade Police Department and the Florida Division of Insurance Fraud. Federal officials with the Secret Service also helped with ensuring the search warrant was properly carried out.</p>
<p>Miami insurance fraud cases are complex, and they require a vigorous defense. Defendants need to know that their attorney is going to be someone with experience in handling these types of cases. Hiring a novice can mean that key pieces of evidence might be overlooked or missed, resulting in far more severe penalties than one might have otherwise incurred.</p>
<p><a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;Search_String=&amp;URL=0800-0899/0817/Sections/0817.234.html" target="_blank">FL Statute 817.234  </a>lays out the guidelines for insurance fraud. The laws are detailed and complex, but at its core insurance fraud is considered to be any action taken with the intent to fraudulently obtain payment from an insurance company.  Punishment is severe &#8211; and even more so if you are a doctor or other licensed practitioner. Not only are you facing a third-degree felony charge, which carries up to five years in prison, you will risk losing your license.</p>
<p>Because the laws are so specific with regard to what this type of fraud consists of, authorities expend a lot of resources to make sure their investigations are thorough. But that doesn&#8217;t mean they haven&#8217;t made a mistake or that you can&#8217;t mount a solid defense.</p>
<p>In this case, the target was Flamingo Health Corporation. Investigators are alleging that the 39-year-old owner billed nearly $250,000 in fraudulent insurance claims. He is also accused of teaching patients how to commit personal injury protection fraud (this is also known as PIP fraud).</p>
<p>Arrested were a physician&#8217;s assistant, a massage therapist (the owner) and 14 patients.</p>
<p>The state&#8217;s chief financial officer, in announcing the arrests, said that cases like this were the reason why a number of PIP reforms were approved earlier this year.</p>
<p>The undercover officers in this case reportedly posed as patients. They were reportedly instructed by the owner to sign treatment forms that were blank and they were taught how to answer certain anticipated questions from the insurance companies.</p>
<p>Authorities are still seeking more witnesses in the case &#8211; presumably to make it stronger.</p>
<p>What&#8217;s more, the Department of Financial Services offers tipsters a reward that results in arrests and convictions. So far, the agency has awarded more than $275,000 to more than 40 people &#8211; up to $25,000 each. This, of course, calls into question the motives of these potential witnesses.</p>
<p>According to the state&#8217;s Division of Insurance Fraud, there were reportedly nearly 13,500 claims of insurance fraud last year. That resulted in roughly 1,200 criminal cases and nearly 1,000 arrests.</p>
<p>So far this year, the agency reports there were 113 arrests in February and another 147 last month. This represents the most monthly arrests the agency has had since its foundation in 1976.</p>
<p>The PIP fraud arrests are up as well: 344 this most recent fiscal year &#8211; a nearly 40 percent increase since last year.</p>
<p><em>If you have been arrested for insurance fraud in Miami, the <strong><a href="http://www.muscalaw.com/Contact_Us.html">Miami criminal defense attorneys </a></strong>at Musca Law can build an effective defense on your behalf. To learn more about how we can help you, contact us today for a confidential consultation at (800) 687-2252.</em></p>
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		<title>Riviera Beach Domestic Violence: Crimes against the Ex</title>
		<link>http://www.westpalmcriminallawyers.com/2012/04/riviera-beach-domestic-violence-crimes-against-the-ex/</link>
		<comments>http://www.westpalmcriminallawyers.com/2012/04/riviera-beach-domestic-violence-crimes-against-the-ex/#comments</comments>
		<pubDate>Fri, 20 Apr 2012 15:31:34 +0000</pubDate>
		<dc:creator>Muscalaw</dc:creator>
				<category><![CDATA[West Palm Beach criminal attorneys]]></category>
		<category><![CDATA[Riviera Beach criminal defense attorney]]></category>

		<guid isPermaLink="false">http://www.westpalmcriminallawyers.com/?p=629</guid>
		<description><![CDATA[A local man is going to require a strong Riviera Beach domestic violence defense, following an incident involving his ex-girlfriend and two of her children. As our Riviera Beach defense attorneys understand the sequence of events, the 24-year-old suspect was upset because the woman involved reportedly told her family members details about him that caused [...]]]></description>
			<content:encoded><![CDATA[<p>A local man is going to require a strong<strong> <a href="http://www.muscalaw.com/South_Florida_Criminal_Defense/Violent_Crimes.html" target="_blank">Riviera Beach domestic violence defense</a></strong>, following an incident involving his ex-girlfriend and two of her children.<a href="http://www.westpalmcriminallawyers.com/wp-content/uploads/2012/04/fear.jpg"><img class="alignright size-full wp-image-630" title="fear" src="http://www.westpalmcriminallawyers.com/wp-content/uploads/2012/04/fear.jpg" alt="" width="300" height="212" /></a></p>
<p>As our <a href="http://www.muscalaw.com/Firm_Overview/Attorney_Profiles/John_Musca.html">Riviera Beach defense attorneys</a> understand the sequence of events, the 24-year-old suspect was upset because the woman involved reportedly told her family members details about him that caused them to dislike him.</p>
<p>Angry about this, he allegedly went to the woman&#8217;s Riviera Beach apartment. When she answered the door, he told her that his mother was outside and wished to speak with her.</p>
<p>At first, she refused to go outside. He then allegedly grabbed her and her son and took them to a vehicle outside. Police are now saying that vehicle was stolen.</p>
<p>The suspect is then accused of going back into the woman&#8217;s apartment and taking her other son, and then forcing all three into the vehicle. The children are ages 1 and 4.</p>
<p>The suspect&#8217;s mother was not actually present.</p>
<p>He then reportedly drove away in a manner that has been described as reckless and at high speeds.</p>
<p>When he stopped at a gas station, the woman reportedly tried to leave. She says the suspect stopped her and threatened that she would never see her children again if she tried again to leave. She says he threatened her, saying she would &#8220;pay for&#8221; what she had done.</p>
<p>After leaving the gas station, a West Palm Beach police officer pulled up alongside the vehicle, and the suspect asked the officer for directions to the interstate. The officer noted that the woman in the vehicle appeared to  be upset. He then ran the vehicle&#8217;s tag number and learned it had been reported stolen.</p>
<p>When the officer tried to stop the driver, the suspect reportedly fled, sparking a brief chase before the suspect lost control of the vehicle and struck a pole. Everyone inside the car was transported to the hospital, including the children, who were placed in intensive care.</p>
<p>The suspect, who was also still in the hospital at the time of his first scheduled court appearance, has been charged with multiple felonies, including battery, kidnapping and child neglect. He is also suspected of DUI, though he has not been charged for that at this point.</p>
<p>It&#8217;s important to remember in this &#8211; and every Riviera Beach criminal case &#8211; that we only have one set of facts, which have been provided by police. We do know that it&#8217;s going to be important for this individual to secure legal counsel immediately, because these are serious charges that could have major implications &#8211; particularly because children are involved.</p>
<p>Kidnapping falls under <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;Search_String=&amp;URL=0700-0799/0787/Sections/0787.01.html" target="_blank">FL Statute 787.01</a>, and a single charge of that alone is a first-degree felony, meaning it&#8217;s punishable by up to 30 years in prison. The criminal justice system judges more harshly those who are accused of crimes against children, even though, as it appears in this case, the children were not the direct target of the suspect&#8217;s actions.</p>
<p>Kidnapping  is defined as a situation in which you by force or threat confine, abduct or imprison someone against his or her will or, if it&#8217;s a minor, without the permission of the custodial parent or guardian.</p>
<p><em>If you have been arrested for a crime in Florida, the <a href="http://www.muscalaw.com/Contact_Us.html">Palm Beach County criminal defense attorneys</a> at Musca Law can build an effective defense on your behalf. To learn more about how we can help you, contact us today for a confidential consultation at (800) 687-2252.</em></p>
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		<title>Boca Raton Mortgage Fraud Cases Require Skilled Defense</title>
		<link>http://www.westpalmcriminallawyers.com/2012/04/boca-raton-mortgage-fraud-cases-require-skilled-defense/</link>
		<comments>http://www.westpalmcriminallawyers.com/2012/04/boca-raton-mortgage-fraud-cases-require-skilled-defense/#comments</comments>
		<pubDate>Wed, 18 Apr 2012 15:31:20 +0000</pubDate>
		<dc:creator>Muscalaw</dc:creator>
				<category><![CDATA[fraud]]></category>
		<category><![CDATA[Boca Raton criminal defense attorneys]]></category>
		<category><![CDATA[Boca Raton fraud attorney]]></category>
		<category><![CDATA[Boca Raton mortgage fraud]]></category>

		<guid isPermaLink="false">http://www.westpalmcriminallawyers.com/?p=634</guid>
		<description><![CDATA[A woman has pleaded guilty to five felony counts of mortgage fraud in Boca Raton, after an alleged mortgage fraud scheme in which prosecutors say she conspired to secure high-end mortgages with beefed up home applications and closing statements. Our Boca Raton mortgage fraud defense attorneys understand that she faces stiff penalties in the sentencing [...]]]></description>
			<content:encoded><![CDATA[<p>A woman has pleaded guilty to five felony counts of <strong><a href="http://www.muscalaw.com/South_Florida_Criminal_Defense/Fraud_Offenses.html">mortgage fraud in Boca Raton</a></strong>, after an alleged mortgage fraud scheme in which prosecutors say she conspired to secure high-end mortgages with beefed up home applications and closing statements.<a href="http://www.westpalmcriminallawyers.com/wp-content/uploads/2012/04/cointower.jpg"><img class="alignright size-full wp-image-636" title="cointower" src="http://www.westpalmcriminallawyers.com/wp-content/uploads/2012/04/cointower.jpg" alt="" width="225" height="300" /></a></p>
<p>Our <a href="http://www.muscalaw.com/Firm_Overview/Attorney_Profiles.html">Boca Raton mortgage fraud defense attorneys</a> understand that she faces stiff penalties in the sentencing phase of proceedings &#8211; possibly as much as 50 years behind bars.</p>
<p>Here&#8217;s what we know of the case, according to <a href="http://www.palmbeachpost.com/money/real-estate/president-of-boca-raton-title-company-guilty-of-2283603.html" target="_blank">The Palm Beach Post</a>:</p>
<p>The 38-year-old from Parkland woman headed a Boca Raton title company &#8211; called Fantastic Title Services Inc. -  that was part of a complicated scheme to defraud investors.</p>
<p>Investigators say she and others created false HUD-1 settlement statements to further the process of home purchases for third parties, also known as straw-buyers.</p>
<p>Straw buying is when a person doesn&#8217;t have strong enough credit to make a purchase. The third-party then promises to pay the straw buyer for the purchase. This practice can be illegal when the transaction involves some type of fraud or when the items are purchased for someone who is otherwise barred from making it themselves. Even when it&#8217;s done legally, it&#8217;s frowned upon by banks because it tends to increase the risk that the loan might slip into default.</p>
<p>In this case, statements that were created by the title company inflated the buyer price so that the bank or lender would shell out more cash than necessary for the home purchase &#8211; with the surplus going to the title company. Other documents appear to indicate that the buyers made a down payment at the closing of the sale when in fact they did not.</p>
<p>Another individual in the case has already pleaded guilty and was sentenced to five years in prison, as well as an order to pay nearly $2 million in restitution. That individual, who ran Best Decisions Home Mortgage Inc. in Lake Worth, and his employee recruited straw buyers for the properties. The employee was sentenced to 3 years in prison and has been ordered to pay nearly $450,000 in fines. One of the straw buyers was ordered to pay the same fine, and has been sentenced to three years of probation. A second straw buyer was sentenced to two years behind bars and has been ordered to pay a fine of nearly $670,000.</p>
<p>Involved in this alleged ring were nine homes within Country Cove Estates &#8211; including a $1.2 million home that was purchased in 2007.</p>
<p>The president of the title company reportedly fled to Jamaica upon word of the impending charges. This is where U.S. Marshals found her a short time later.</p>
<p>In her guilty plea, she has admitted that she prepared falsified paperwork saying that the straw buyers were shelling out their own money for the closing, and that she also funneled illegal payments from the loans into her company accounts.</p>
<p>Prosecutors have indicated the scope of the operation was about $9 million.</p>
<p>The definition for mortgage fraud under <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;Search_String=&amp;URL=0800-0899/0817/Sections/0817.545.html" target="_blank">Florida Statute 817.545</a> is lengthy and complex. Particularly in the wake of the housing bubble burst, law enforcement and prosecutors are going to want to take a tough stance on these cases. That means you need an experienced Boca Raton defense attorney at your side, looking out for your best interests.</p>
<p><em>If you have been arrested for a crime in Florida, the <a href="http://www.muscalaw.com/Contact_Us.html">Boca Raton criminal defense attorneys</a> at Musca Law can build an effective defense on your behalf. To learn more about how we can help you, contact us today for a confidential consultation at (800) 687-2252.</em></p>
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		<title>West Palm Beach Juvenile Crimes Can Have Lasting Impact</title>
		<link>http://www.westpalmcriminallawyers.com/2012/04/west-palm-beach-juvenile-crimes-can-have-lasting-impact/</link>
		<comments>http://www.westpalmcriminallawyers.com/2012/04/west-palm-beach-juvenile-crimes-can-have-lasting-impact/#comments</comments>
		<pubDate>Fri, 13 Apr 2012 15:14:46 +0000</pubDate>
		<dc:creator>Muscalaw</dc:creator>
				<category><![CDATA[juvenile crimes]]></category>
		<category><![CDATA[West Palm Beach criminal defense attorneys]]></category>
		<category><![CDATA[West Palm Beach juvenile crimes]]></category>

		<guid isPermaLink="false">http://www.westpalmcriminallawyers.com/?p=615</guid>
		<description><![CDATA[West Palm Beach juvenile crimes can plague youthful offenders for years after they turn 18. Our West Palm Beach juvenile defense attorneys want to dispel the myth that just because a crime was committed when you were under the age of 18 that it won&#8217;t have any impact on your future. The key in creating [...]]]></description>
			<content:encoded><![CDATA[<p><strong><a href="http://www.westpalmcriminallawyers.com/juvenile-crimes/">West Palm Beach juvenile crimes</a></strong> can plague youthful offenders for years after they turn 18.<a href="http://www.westpalmcriminallawyers.com/wp-content/uploads/2012/04/181792_affettuoso_carloso_5.jpg"><img class="alignright size-full wp-image-616" title="181792_affettuoso_carloso_5" src="http://www.westpalmcriminallawyers.com/wp-content/uploads/2012/04/181792_affettuoso_carloso_5.jpg" alt="" width="200" height="300" /></a></p>
<p>Our <a href="http://www.westpalmcriminallawyers.com/">West Palm Beach juvenile defense attorneys</a> want to dispel the myth that just because a crime was committed when you were under the age of 18 that it won&#8217;t have any impact on your future.</p>
<p>The key in creating your best possible future involves having a knowledgeable defense attorney handling your case from the very beginning. Secondly, you want to ultimately have your record expunged whenever possible in the event of a conviction.</p>
<p>In certain circumstances, it won&#8217;t be possible, but you need to consult with an experienced defense attorney who can analyze the specific facts of your case.</p>
<p>This issue was tackled in a recent story by <a href="http://www.palmbeachpost.com/news/crime/crimes-come-back-to-haunt-young-offenders-in-2287956.html" target="_blank">The Palm Beach Post</a>. They detailed the plight of a woman who was arrested first at age 12 and again at age 17. The latter of those arrests was for larceny and burglary &#8211; both felonies, for which she was charged as an adult.</p>
<p>Now 29 years-old, a college graduate who recently earned a law degree, she said that her juvenile record has plagued her throughout her adult life. It has meant difficulty in applying to colleges and finding a good apartment. Condo associations, she said, had immediately turned her down once they learned she had a conviction for burglary.</p>
<p>Another woman, age 20, grew up in foster care after her mother died when she was very young. Her offenses included grand theft auto, battery on a school employee and fleeing and eluding police. She plans to join the Navy and eventually enroll in college now, but those juvenile offenses are likely to stay with her.</p>
<p>That&#8217;s because a criminal record &#8211; particularly for crimes involving theft or battery &#8211; are going to make you a less desirable job candidate. This is especially troubling at a time when competition for jobs is fierce &#8211; and showing no signs of letting up.</p>
<p>This doesn&#8217;t mean if you&#8217;re charged with West Palm Beach juvenile crimes that you should simply give up hope. It just means that it&#8217;s very important for you to secure a good defense attorney who can walk you through the process and be looking out for your future.</p>
<p>The Florida Department of Juvenile Justice reports that last year, there were an estimated 5,500 juvenile offenders just in Palm Beach County alone. Of those, 10 involved serious felony charges such as murder, manslaughter or attempted murder. Another 200 or so young people were tried as adults.</p>
<p>While some people believe that juvenile crimes records are automatically expunged upon your 18th birthday, this is a misconception.</p>
<p>It used to be that law enforcement agencies could only release the name of a youthful offender who was over the age of 16, and even then only for certain crimes. But that changed in 1994, when a law passed that allowed agencies to release the name, photograph, address and arrest report of any juvenile who has been arrested on felony charges. The same information may be disclosed if a youth has been convicted of three or more misdemeanors.</p>
<p>In Florida, the state department of law enforcement is required to produce those records unless they have been either sealed or expunged.</p>
<p>The offender has to meet very specific criteria in order for their juvenile crimes record to be expunged automatically, and that&#8217;s not until the offender is either 24 or 26 years-old.</p>
<p>Otherwise, a record can be expunged if a juvenile is a first-time offender for a low-level offense and has completed a diversion program.</p>
<p>It should be noted that juvenile traffic violations are treated just like adult traffic violations, and can be accessed by anyone.</p>
<p><em>If you have been arrested for a crime in Florida, the <a href="http://www.westpalmcriminallawyers.com/contact-musca-law/">Palm Beach County criminal defense attorneys</a> at Musca Law have the knowledge and experience to defend your rights. To learn more about how we can help you, contact us today for a confidential consultation at (800) 687-2252.</em></p>
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		<title>Boca Raton Assault Charges in Baseball Bat Road-Rage Incident</title>
		<link>http://www.westpalmcriminallawyers.com/2012/04/boca-raton-assault-charges-in-baseball-bat-road-rage-incident/</link>
		<comments>http://www.westpalmcriminallawyers.com/2012/04/boca-raton-assault-charges-in-baseball-bat-road-rage-incident/#comments</comments>
		<pubDate>Wed, 11 Apr 2012 15:09:31 +0000</pubDate>
		<dc:creator>Muscalaw</dc:creator>
				<category><![CDATA[assault]]></category>
		<category><![CDATA[Boca Raton assault lawyer]]></category>
		<category><![CDATA[Boca Raton criminal defense attorneys]]></category>

		<guid isPermaLink="false">http://www.westpalmcriminallawyers.com/?p=610</guid>
		<description><![CDATA[Boca Raton assault defense will be needed for a man charged in a road rage attack last month. Our Palm Beach County defense attorneys know that an accusation of this nature is one that can follow you for the rest of your life. Assault charges are spelled out in FL Statute 784.011, which holds that [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.muscalaw.com/Firm_Overview.html"><strong>Boca Raton assault defense</strong></a> will be needed for a man charged in a road rage attack last month. <a href="http://www.westpalmcriminallawyers.com/wp-content/uploads/2012/04/baseballbat.jpg"><img class="alignright size-full wp-image-611" title="baseballbat" src="http://www.westpalmcriminallawyers.com/wp-content/uploads/2012/04/baseballbat.jpg" alt="" width="300" height="108" /></a></p>
<p>Our <a href="http://ftmyerscriminallawyers.com/attorney-profiles/">Palm Beach County defense attorneys</a> know that an accusation of this nature is one that can follow you for the rest of your life.</p>
<p>Assault charges are spelled out in <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;Search_String=&amp;URL=0700-0799/0784/Sections/0784.011.html" target="_blank">FL Statute 784.011</a>, which holds that it&#8217;s an intentional and unlawful threat, either verbal or physical, to commit an act of violence on another person, and that you have the apparent ability to do so and that the other person has a well-founded fear that violence is imminent. It&#8217;s considered a second-degree misdemeanor, which means you face up to two months in jail.</p>
<p>An aggravated assault, which is defined in <a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&amp;Search_String=&amp;URL=0700-0799/0784/Sections/0784.021.html" target="_blank">FL Statute 784.021</a>, is an assault in which you are armed with a deadly weapon without the intent to actually kill or if you intend to commit a felony. If you are found guilty of this, it&#8217;s a third-degree felony, you could be facing as much as five years in prison.</p>
<p>Assault charges often stem from heated arguments that can quickly escalate, as appears to be the case in the Boca Raton road rage incident.</p>
<p>According to News Channel 5, a 43-year-old man was arrested after an alleged rush-hour attack late last month. Officers were called to the scene on Palmetto Park Road, near the I-95 entrance ramp, where several drivers had stopped and were out of their cars to observe a fight that had broken out between two motorists &#8211; the 43-year-old and a 22-year-old.</p>
<p>The younger man said he was driving west when he had to brake suddenly due to the heavy traffic. The 43-year-old, who was behind him, had to veer away in order to avoid hitting the car in front of him. The younger driver then said he laughed and flashed an obscene gesture at the older driver.</p>
<p>This apparently infuriated the older driver, who stopped, got out and spat on the younger driver through an open window on the passenger&#8217;s side. He then walked around to the driver&#8217;s side window and began exchanging words.</p>
<p>The younger driver, though, was apparently a mixed-martial arts fighter. When the older driver allegedly began choking him and digging his fingers in his eyes, the younger driver responded by throwing punches.</p>
<p>A number of other drivers stopped to see what was going on, and some tried to break it up. That&#8217;s when the older driver reportedly went to his car, opened his trunk and pulled out a baseball bat. He then shattered one of the mirrors on the younger driver&#8217;s car, and then swung and hit the younger driver on the buttocks.</p>
<p>Then, the younger driver wrestled the bat away from him and began beating him with it. When the older driver scrambled to get away, the younger driver grabbed a laptop and prescription bottles from the older driver&#8217;s car so that he could identify him.</p>
<p>The older driver, when contacted by police, said he had acted in self-defense. There were, however, other witnesses who backed the younger driver&#8217;s version of events.</p>
<p>He is now facing charges of aggravated battery with a deadly weapon and criminal mischief. He was booked into jail and ultimately released on $15,000 bond.</p>
<p><em>If you have been arrested for an assault crime in Florida, the <a href="http://ftmyerscriminallawyers.com/contact-us/">Boca Raton criminal defense attorneys</a> at Musca Law can build an effective defense on your behalf. To learn more about how we can help you, contact us today for a confidential consultation at (800) 687-2252.</em></p>
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		<title>Fatal Fort Lauderdale Hit-and-Run Results in 2 Arrests</title>
		<link>http://www.westpalmcriminallawyers.com/2012/03/fatal-fort-lauderdale-hit-and-run-results-in-2-arrests/</link>
		<comments>http://www.westpalmcriminallawyers.com/2012/03/fatal-fort-lauderdale-hit-and-run-results-in-2-arrests/#comments</comments>
		<pubDate>Fri, 30 Mar 2012 16:56:36 +0000</pubDate>
		<dc:creator>Muscalaw</dc:creator>
				<category><![CDATA[hit-and-run]]></category>
		<category><![CDATA[Florida hit-and-run]]></category>
		<category><![CDATA[Fort Lauderdale criminal defense attorneys]]></category>
		<category><![CDATA[Fort Lauderdale hit-and-run]]></category>

		<guid isPermaLink="false">http://www.westpalmcriminallawyers.com/?p=268</guid>
		<description><![CDATA[Two men have been arrested for a Fort Lauderdale hit-and-run that allegedly resulted in the death of a 5-year-old girl who was riding her tricycle. Our Fort Lauderdale hit-and-run attorneys understand that being accused of such a crime is serious, and can result in serious consequences under Florida Statute 316.027. If convicted, a person faces [...]]]></description>
			<content:encoded><![CDATA[<p>Two men have been arrested for a <a href="http://www.muscalaw.com/South_Florida_Criminal_Defense/Traffic_Offenses.html">Fort Lauderdale hit-and-run</a> that allegedly resulted in the death of a 5-year-old girl who was riding her tricycle.</p>
<p><a href="http://www.westpalmcriminallawyers.com/wp-content/uploads/2012/03/tricycle.jpg"><img class="alignright size-full wp-image-269" title="tricycle" src="http://www.westpalmcriminallawyers.com/wp-content/uploads/2012/03/tricycle.jpg" alt="" width="300" height="225" /></a></p>
<p>Our <a href="http://www.muscalaw.com/Firm_Overview/Attorney_Profiles.html">Fort Lauderdale hit-and-run attorneys</a> understand that being accused of such a crime is serious, and can result in serious consequences under <a href="http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&amp;Search_String=&amp;URL=0300-0399/0316/Sections/0316.027.html" target="_blank">Florida Statute 316.027</a>. If convicted, a person faces a minimum mandatory sentence of two  years in prison.</p>
<p>According to various <a href="http://www.nbcmiami.com/news/Teens-Charged-in-Hit-and-Run-Crash-That-Killed-5-Year-Old-143317426.html" target="_blank">news reports</a>, the girl was in front of her home at around 4:30 p.m. when she was struck by a large white van. The driver reportedly fled the scene.</p>
<p>The girl&#8217;s mother said a man brought the child inside, and  she tried to drive her to the hospital, but stopped on the interstate to call 911. The girl was not breathing when paramedics got there. The McNab Elementary kindergartner was taken to a nearby hospital and pronounced dead. An autopsy revealed she died of blunt force trauma.</p>
<p>Investigators spent several days looking for the driver, and ultimately ended up arresting two 19-year-olds &#8211; one a Pompano Beach resident and one a Mexican citizen. If convicted, he may face deportation following the completion of any imposed sentence.</p>
<p>The latter was reportedly behind the wheel at the time of the accident, and police have charged him with failure to use due care when driving without a license and failure to remain at the scene of an accident involving death.</p>
<p>The passenger in the car, a barber student, was charged with driving with a suspended license, permitting an unauthorized person to drive his vehicle and tampering with evidence. Additionally, he has a drug case pending.</p>
<p>There are indications that the man who brought the child inside to her mother was that passenger. He then reportedly returned to the van and drove away.</p>
<p>The judge has revoked bond for both individuals.</p>
<p>Media reports indicate there were no sidewalks on the road, which meant the child was in the roadway at the time of the crash. While there were speed bumps and signs warning drivers to slow down, it&#8217;s entirely possible the driver did not see the small child, especially given the size of a van, which has been described as a 1997 GMC.</p>
<p>These issues may point to the driver  not being at fault in the initial crash. There is no indication at this point that either the driver or the passenger was under the influence of drugs or alcohol at the time of the incident.</p>
<p>Cases such as this are terribly tragic because not only has a small child lost her life, but the lives of these two young men will likely never be the same. Anytime a child dies, emotions are high. However, the justice system can not allow this to be the deciding factor in the case. Each piece of evidence must be carefully weighed and fairly presented.</p>
<p>A skilled Fort Lauderdale criminal defense attorney can assist someone who is accused of a hit-and-run achieve this goal.</p>
<p><em>If you have been arrested for a crime in Florida, the<a href="http://www.muscalaw.com/Contact_Us.html"> Fort Lauderdale criminal defense attorneys</a> at Musca Law can build an effective defense on your behalf. To learn more about how we can help you, contact us today for a confidential consultation at (800) 687-2252.</em></p>
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