Alachua County

Published on: January 29, 2013

Gainesville Sex Crimes Defense Lawyer :: Three Men Arrested in Online Predator Sting

by Whittel & Melton, LLC

Gainesville, FL – The Alachua County Sheriff’s Office arrested three men this weekend in an Internet sex sting, including the Risk Manager for a University of Florida fraternity and a mechanic.

The men, ages 20, 23 and 40, were taken into custody after allegedly engaging in online chats and agreeing to meet an underage girl for sex.

The sting, dubbed “Operation Nightlight,” started Thursday and ended Sunday morning.

According to the sheriff’s office, undercover detectives used unspecified chat forums to talk with the men.

Once they arrived at the predetermined locations, they were arrested immediately.

The 20-year-old fraternity member is accused of conversing with the father of a 14-year-old girl about engaging in sexual activity with the girl.

He is charged with two third-degree felonies and one second-degree felony.

The 23-year-old man was allegedly involved in a former sting called “Tailspin,” but was never arrested because he did not actually show up at the arranged meeting spot. The man was arrested this time and charged with two second-degree felonies and three third-degree felonies. His bond is set at $250,000.

The 40-year-old mechanic is facing charges of one second-degree felony and two third-degree felonies. His bail is set at $75,000.

Internet sexual predator stings, like the one above, aim to protect underage children from online predators. Undercover detectives will place ads online or hang out in chat rooms and lure unsuspecting individuals into engaging in sexually explicit conversations. Once a location is agreed upon to meet at, the suspects will be placed under arrest as soon as they show up. The location of the decoy spot is usually never revealed so that police can use it again in future stings. These undercover operations can result in serious criminal charges so it is important to act fast and enlist the help of a criminal defense lawyer as soon as possible.

Sex crimes involving children are prosecuted quite aggressively in the state of Florida. All of the men arrested in “Operation Nightlight” face a second-degree felony charge, which if convicted, carries a maximum of 15 years in prison. These charges should never be taken lightly, as they can negatively impact a person’s personal and professional life permanently. The repercussions of a felony sex crime charge can cost a person their job, get them kicked out of school and worse, brand them a sexual offender for the rest of their life.

Published on: July 3, 2012

Gainesville Man Arrested for Carjacking :: Whittel & Melton

by Whittel & Melton, LLC

An 18-year-old Gainesville man was arrested early Saturday morning on charges related to carjacking.

The man is accused of battering a friend with whom he had allegedly been doing drugs and then stealing the friend’s car.

Later, a motorcyclist apparently spotted the man on top of a car that was moving on I-75. The motorcyclist, reportedly about 70 years old, stopped to help the man.

The accused allegedly told the man he needed his motorcycle to get away from his father, whom he feared was going to kill him.

According to the arrest report, the man pushed the motorcyclist off of his bike and began beating him, but was not able to take the motorcycle.

The report indicates the man abandoned the car he allegedly had stolen but was found a short time later.

Police claim the man told them he had used mushrooms and drug known as spice.

Florida law defines carjacking as the forceful taking of a car from a person in their presence. Carjacking is classified as first-degree felony carrying consequences of up to 30 years in state prison. Due to the fact that this crime involves the use of threats, force and possibly weapons it carries stricter penalties than a grand theft auto charge. Carjacking is actually considered a form of robbery, which is why being arrested for this crime is a grim issue. Prosecutors are zealous about pursuing convictions and lengthy prison sentences for crimes of violence, so it is vital to retain a Florida Criminal Defense Lawyer right away to provide an aggressive defense for your case.

With your future and freedom on the line, it is essential to perform a thorough investigation into the charges against you in a timely manner in order to mount the most effective defense. The Florida Criminal Defense Lawyers at Whittel & Melton will do whatever it takes to make sure your rights are protected. We believe in the presumption of innocence and can provide you with the strong defense you deserve.

It is important to exercise your rights and refrain from answering any police questions before retaining a criminal defense attorney. Many individuals accused of crimes succumb to police pressure and make incriminating statements they later regret. Regardless of the circumstances you are facing, the Florida Criminal Defense Lawyers at Whittel & Melton can manage the situation and seek out any possible defense strategy to fight and avoid the severe penalties associated with a carjacking charge.

Published on: February 20, 2012

Gainesville Hazing Defense Lawyers Whittel & Melton :: University of Florida Fraternity under Investigation for what Officials Claim was “Serious Physical Hazing”

by Whittel & Melton, LLC

The University of Florida’s Alpha Phi Alpha fraternity has been suspended and is currently under investigation for hazing by campus police.

According to the University of Florida spokeswoman, the fraternity was suspended after a student suffered severe injuries over the weekend from what investigators believe was hazing.

The UF Vice President of Student Affairs claims an investigation started as soon as hazing allegations were brought to light.

The off-campus organization is currently suspended from holding meetings or operating as an organization until police conclude their investigation.

University of Florida Police has not said how many students may have been involved in the alleged hazing events. Investigators believe that the so-called hazing took place between January 9 and February 4. They were apparently alerted to the situation Saturday.

According to police, they are looking into incidents that may have taken place on and off campus.

UF President Bernie Machen sent an e-mail to all students Tuesday warning them that hazing is prohibited by UF regulations, and is also classified as a crime in Florida.

This recent incident at UF happened just three months after a Florida A&M University drum major died as a result of an alleged hazing ritual.

Hazing was established as a crime in Florida in 2005 after a University of Miami student drowned as a result of fraternity hazing. Under the Chad Meredith Act, Florida’s broad definition of hazing refers to conduct in which students are inducted, affiliated or initiated into an organization which uses careless or premeditated methods that threaten the physical or mental safety of another person. Common hazing rituals can include:

• Whipping
• Branding
• Forced Alcohol Consumption
• Extreme Weather Exposure
• Forced Food or Beverage Consumption
• Forced Isolation
• Extended Periods of Sleep Deprivation
With increased media attention being placed on this type of crime, an increased amount of universities and students are finding themselves in the hot seat for hazing. The penalties for hazing in Florida can range from expulsion from school all the way up to felony charges. It is important to understand that a person accused of hazing can be with additional offenses that comprised the hazing offense. Felony charges of aggravated battery can be charged when suspected hazing results in great bodily harm. Likewise, if a person dies from alleged hazing events, murder may be charged.

It is best to not waste any time before contacting a Florida Criminal Defense Attorney after an accusation has been made regarding hazing. It is extremely important to seek the advice of legal counsel before making any statements to school officials or police. These crimes are not simple cases, and without the proper legal guidance the outcome can be devastating. At Whittel & Melton, our attorneys understand that while the penalties for hazing are severe, a criminal record can be even more detrimental to your future. We will thoroughly examine every detail of your case in order to achieve the most positive outcome for your unique situation.

Published on: November 23, 2011

Federal Mail Fraud Defense Attorneys Whittel & Melton :: Ex-Gainesville Man Sentenced to 20 Years in Connection with Multi-Million Dollar Ponzi Scheme

by Whittel & Melton, LLC

A former Florida resident was sentenced to the maximum sentence of 20 years in federal prison on Thursday for mail fraud in connection with a $30 million Ponzi scheme.

His original charges also included wire fraud and conspiracy, crimes that often get charged in conjunction with mail fraud cases.

The case was investigated by the U.S. Postal Inspection Service, the Florida Department of Law Enforcement, the Florida Office of Financial Regulation, the Florida Attorney General’s Office and prosecuted by the U.S. Attorney’s Office.

The 48-year-old man was ordered to surrender $29.9 million, numerous computers and computer equipment purchased using earnings from the scheme.

According to authorities, the man received $30 million from more than 500 investors in Florida and throughout the United States by assuring them that they could earn 10 percent interest per month by trading in foreign currency through his company located in Pasco County.

The man supposedly only invested a small portion of the assets obtained, paid investors about $15 million of other investors’ money and spent millions of dollars on personal items for himself, friends and family. He allegedly leased high-end real estate in New York City, private jets, and bought luxury cars, clothing and jewelry.

The Florida Attorney General’s Office shut down the man’s former company in April 2010 and froze its assets after investigating a grievance against the company. During that time the man had a Gainesville address and supposedly went to school in the area.

He was arrested in New York City on Nov. 4, 2010 and indicted Dec. 1.

Mail fraud and wire fraud are broad terms used in any case involving theft by mail, by Internet, by electronic transfer, by phone or any other comparable scenario. The State must prove intent beyond a reasonable doubt to obtain a conviction for this white collar offense. A mail fraud or mail theft case revolves around several points:

• Did the accused actually plan to commit fraud?

• Did the accused willfully and intentionally create a plot to cheat another person or persons
out of money or property?

• Did the accused use the postal system in their scheme to defraud?

Prosecutors and investigators for fraud cases are aggressive in pursuing charges, which means your case can drag on for a lengthy time period. If convicted of mail fraud, the penalties include stiff fines or imprisonment for up to 20 years, possibly both. If the violation concerns a financial institution such as a bank, the fine can be elevated as high as $1,000,000 and imprisonment up to 30 years.

Published on: April 12, 2011

Florida Criminal Defense Attorney :: University of Florida Basketball Players Arrested for Burglary

by Whittel & Melton, LLC

Two Gator basketball forwards were charged with one felony count of third-degree burglary Sunday for allegedly trying to break into a car in St. Augustine, Florida. A Florida basketball student manager was allegedly acting as a lookout for the men and was charged with principal to burglary.

According to the Gainesville Sun, the two student athletes went into Scarlett O’Hara’s Bar and Restaurant around 2 a.m. saying they lost a wallet. St. Augustine police said that the men tried to get close to a female employee who was counting cash taken in for the night.

Bouncers asked the men to leave the premises. Moments later, the bouncers told police they saw the men attempt to break into a co-worker’s car parked across the street. All three men tried to leave the scene. Two were taken into custody after a brief chase. The other man turned himself into police.

The owner of the vehicle told police that nothing appeared to be missing from the car. The two forwards were taken to jail and released on $5,000 bond.

In Florida, there are three basic types of burglary: structure, dwelling and conveyance. In this case the men are accused of burglary of a conveyance. A conveyance is classified as any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car.

In the state of Florida you can be charged with burglary if you illegally enter any structure, dwelling or conveyance with the intent to commit an offense. Burglary usually occurs when no witnesses or victims are present, while robbery entails the use of force or fear to take another person’s property. The biggest factor in charging decisions on these types of cases is whether or not the house, garage, car, etc. was occupied during the alleged crime.

Published on: April 7, 2011

Gainesville, Florida Habitual Traffic Violation Lawyer :: Alachua Man Crashes Car Into His Home to Avoid Arrest

by Whittel & Melton, LLC

The Alachua Police Department arrested a man on charges of fleeing and eluding police, possession of cocaine with intent to sell, possession of marijuana, driving while license suspended or revoked, hit and run from an accident scene and resisting an officer. The man ended a police chase by crashing into his own home.

According to the Gainesville Sun, a 20-year-old Alachua man was spotted by an officer driving around 2:30 p.m. on Monday. The officer supposedly knew the man’s license has been suspended and attempted to pull him over.

The man allegedly lead police on a chase ignoring traffic control signs for about 15 blocks.

The man pulled into his driveway and ended the chase by crashing the car into his house. He was arrested in his back yard. The defendant was handcuffed and a search turned up marijuana and cocaine. The accused was taken to the Alachua County jail.

According to the Department of Highway Safety and Motor Vehicles, around 30 percent of Florida’s motoring public is currently under a license suspension, revocation or disqualification. That translates to a whopping 4.6 million drivers that have their license suspended or revoked. A license can be administratively suspended through the DHSMV or it can be revoked through the court system.

In Florida, if you have three convictions for driving while your license suspended, your driver’s license will be revoked for five years as a habitual traffic offender. In 2008 the DHSMV mailed out 22,742 HTO announcements to Florida drivers. Over the course of the last three years more than 20,000 warnings went out.

You can be issued a ticket for driving with a suspended license knowingly or unknowingly.
DWLS knowingly is a criminal traffic offense that can be charged as a misdemeanor or felony. DWLS unknowingly is a civil violation. If someone is arrested for DWLS while on a HTO revocation, they could face a third degree felony punishable by up to five years in state prison.

Published on: April 5, 2011

Gainesville, Florida Criminal Defense Lawyer :: NFL Wide Receiver for the Oakland Raiders Arrested in Alachua County

by Whittel & Melton, LLC

Gainesville Police arrested a former University of Florida football player, Louis Morris Murphy Jr., Sunday morning for three misdemeanors. He was charged with possession of a drug without a valid prescription, failure to obey a police officer and resisting arrest without violence.

Murphy, currently a wide receiver for the Oakland Raiders, was taken into custody just after midnight.

A Gainesville police officer said he saw Murphy’s Cadillac Escalade blasting music and told him to pull over. Murphy allegedly continued driving to a city parking lot, exited the SUV with his passengers and walked away.

The officer flashed his lights and demanded Murphy to stop and identify himself. According to the Gainesville Sun, Murphy refused to show identification and insisted on finding out why he was stopped. After Murphy continuously failed to produce his ID, three officers had to place handcuffs on the 6-foot-2-inch, 180-pound NFL player because he refused to put his hands behind his back.

Officers said that Murphy consented to a search of his vehicle where an alleged non-labeled prescription bottle was found with 11 pills inside, later identified as Viagra. Murphy supposedly could not show a valid prescription for the bottle and claimed to have peeled the label off because he did not want his girlfriend to see it.

This is Murphy’s second arrest in Gainesville. He was arrested in 2006 for possession of less than 20 grams of marijuana. He accepted a plea deal and no jail time was served.

For the drug charge Murphy faces, a defense does exist. It is clearly identified in Florida Statute 893.13. If Murphy’s alleged statement to police about the prescription for Viagra being valid is true, a follow-up with his doctor could clear his charge of possession of a drug without a valid prescription. The statute says that a legitimate prescription for a medication that requires a prescription will undo a charge related to that medication. If Murphy lawfully obtained a prescription for Viagra, past or present, the drug charges could be dropped.

If Murphy’s claims prove false, he could be facing harsh consequences such as a two year driver’s license suspension, civil forfeiture and jail time.

Published on: March 21, 2011

Gainesville, FL Criminal Lawyer :: Alachua County Woman Recently Released from Prison Arrested for Robbery

by Whittel & Melton, LLC

A Florida woman just released from state prison earlier this month was arrested by the Gainesville Police Department Sunday night for robbery by sudden snatching.

The Gainesville Sun reported the woman was charged with two counts of robbery by sudden snatching. The nearly identical crimes took place at motels on Southwest 13th St. where the male victims say they were speaking with the woman when she allegedly grabbed hundreds of dollars from their wallets and drove away in a black Chevy Impala.

The woman told police she took less than $100 from each man. As of Monday, she was being held at the Alachua County jail.

The robberies were reported on March 11 and 18. This was within two weeks from the woman’s release from prison on March 4, after serving 10 months for convictions of grand theft, credit card fraud and providing false information to a pawn broker.

Robbery by sudden snatching means taking money or some other property from a person with the intent to momentarily or everlastingly rob the victim or owner of the money or property and in the process the victim became aware of the theft. The woman is most likely facing a felony of the third degree since there was no reported weapon or firearm used to carry out the robbery.

Robbery is a crime of dishonesty and can be used in court for impeachment purposes. As a general rule, if you have a conviction for any crime of dishonesty a judge or jury is permitted to hear so even in the most remote of matters, if you plan on testifying. It has been the rule that this goes to your credibility of a witness. Critics often argue that it is a form of double jeopardy, but at least in Florida, it’s quite common.

Published on: January 8, 2009

Gainesville man arrested for Alachua County DUI…Again.

by Whittel & Melton, LLC

Karen Voyles from the Gainesville Sun is reporting that a Gainesville driver whose license was permanently revoked in November for drunk driving was arrested again for DUI early Wednesday morning. His blood alcohol level was calculated at three times the legal limit.

According to the article, allegedly this is at the very least, the man’s fourth DUI. An Alachua County Sheriff’s Deputy noticed a Chevrolet truck veer into the westbound lane of NE 39th Avenue and pulled him over. The driver eventually submitted to a breath test which police records indicate blood alcohol levels of .246 and .254. Under Florida law, a driver is presumed drunk when their blood alcohol level reaches .08.

These are very serious and complicated cases. Under Florida law, a fourth and subsequent DUI charge is a felony punishable up to 5 years in state prison as well as a litany of statutorily-mandatory requirements such as fines, probation, DUI school and the instillation of an ignition interlock device.

Published on: September 11, 2008

From Gainesville to Ocala to Tampa – Florida CDL Drivers Beware of New DHSMV Rules

by Whittel & Melton, LLC

Florida DMV Offices already hold CDL drivers to a high standard – and that standard just got higher.

Starting October 1st, commercial driver license holders convicted of a DUI will be ineligible to drive a commercial vehicle for 12 months after the first conviction and will be permanently suspended after a second conviction. This new rule also applies even if when the DUI was received in a personal vehicle of the CDL holder.

DHSMV already forbids CDL holders from obtaining temporary permits during the DUI Formal Review process. This new rule is just another example of how the State of Florida holds CDL drivers to a higher standard than the other millions of drivers on Florida’s highways.