Criminal

Published on: December 16, 2015

Federal Corrections Officer Sentenced to 2 Years for Smuggling Contraband

by Whittel & Melton, LLC

A federal corrections officer from Clermont has been sentenced to two years in federal prison after pleading guilty in September to accepting a bribe by a public official.

According to the Department of Justice, the 32-year-old officer used his position as a correctional officer at the Coleman Federal Correctional Complex in Sumter County to smuggle contraband to inmates in exchange for money beginning in January.

The Department of Justice said federal agents monitored a June 18 meeting between the officer and a cooperating witness. During that meeting, the officer allegedly accepted $2,600 for items that he already smuggled into the prison.

Investigators met with the officer, and he apparently admitted he illegally negotiated $7,100 in cash payments in return for smuggling cell phones, prescription pills, tobacco, and other items to federal inmates.

Bribery charges are often highly publicized in the media. These crimes not only capture the public’s attention, but they have the ability to end careers and damage reputations. If convicted, the accused faces severe consequences, including lengthy time behind bars.

Published on: December 15, 2015

Eustis Man Receives 37 Years in Prison for Sexually Exploiting Kids

by Whittel & Melton, LLC

A Eustis man has been sentenced to more 37 years in federal prison for sexually exploiting children and producing and receiving child porn.

The 52-year-old was also ordered by the court to pay $2,020 restitution to the victims.

According to the Department of Justice Middle District of Florida:

As early as 2005, the man hid video cameras in the bathrooms of his residence so he could take pictures of four minors in his custody. In 2014, he sexually assaulted another minor in his custody and recorded the abuse with his computer. He also collected and sent hundreds of pictures depicting sexual abuse and exploitation of minors from at least 2008 to the day before his arrest on Feb. 17, 2015.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat child sexual exploitation and abuse.

Sexual exploitation is a broad category under Florida law in regards to sexual offenses, including Internet communications and child pornography. Federal laws and sentencing guidelines play a role in these sex crimes, which can result in lengthy prison sentences. A conviction under state or federal law could also result in mandatory registration as a sex offender for the rest of your life.

Many accusations regarding alleged sexual exploitations of children are drummed up by overzealous police, prosecutors, and judges who are actively trying to “send a message” about child protection. The sad truth is that even honest mistakes can lead to damaging criminal cases that can change your life forever.

Published on: December 10, 2015

Orlando Doctor Charged with Sexual Battery

by Whittel & Melton, LLC

An Orlando-area doctor is facing sexual battery charges after a patient reported being inappropriately touched during an examination.

The 42-year-old Orlando doctor was arrested Wednesday.

According to an Osceola County Sheriff’s Office report, an investigation began Tuesday after a 20-year-old woman reported to deputies that she had been inappropriately touched by the doctor.

The patient said she had gone to his office in Kissimmee for an annual gynecological exam, during which the doctor wore gloves, and a female nurse attended. At that time, the man referred the patient to another doctor, according to the report.

The patient returned to the doctor’s office Monday for a different medical issue, the report said. While there, she said the doctor asked her about her previous visit and conducted another gynecological exam, this time without gloves and without a nurse present, the patient reported.

The patient said she called the doctor’s office on Tuesday to request a doctor’s note for work purposes, but when no one answered, she went to the office. A sign on the door said the office was closed, she said, but she claims she ran into the doctor in the parking lot. She asked him if he could provide her with a doctor’s note, and he invited her inside, according to reports

While there, the doctor apparently asked the patient about abdominal pains she was having from an earlier visit. He then allegedly examined her without gloves and asked her if she felt excited, the report said.

The patient apparently told him she was uncomfortable and again asked for the note, which he gave her, and she left. She immediately reported the incident to deputies.

The doctor’s Florida medical licenses are current, and he has no complaints or disciplinary action on his record in Florida, according to a Florida Department of Health licensure search. He previously has held medical licenses in Mississippi and Wisconsin.

At Whittel & Melton, our Orlando Criminal Defense Lawyers understand that your reputation is at stake when you are accused of a sexual offense. We proudly serve clients throughout the state of Florida with criminal defense against all charges of sexual misconduct. As trial attorneys, we can be an aggressive and zealous advocate on your behalf.

Regardless of how serious the sexual battery charges are, it is imperative to remember that taking these allegations lightly or talking to anyone other than your lawyer about the alleged incident will hurt your case. Do not underestimate the value of exercising your right to remain silent.

Published on: December 2, 2015

Largo Commission Candidate Charged with Extortion

by Whittel & Melton, LLC

A candidate for Largo Commission is facing felony extortion charges after police claim he attempted to force an opponent to drop out of the race.

The 31-year-old who is running for Seat 3 on the commission, sent an anonymous email to one of his opponents through the candidate’s website on Aug. 29, according to the Largo Police Department.

The email allegedly stated that the sender had negative information about the politician and the information would be released if he did not drop out of the race, police said.

Investigators got the IP address of the email’s sender and learned that it allegedly belonged to the accused.

The man was arrested on Monday and was being held at the Pinellas County Jail on $10,000 bond.

Extortion is a crime where someone obtains something, usually goods or services, by using threats. There are many different types of threats that can be classified as extortion, including threatening to reveal secrets that could damage a person’s public reputation or to the reputation of their business.

Extortion is also federal crime. Those who are convicted of extortion could be sentenced to up to 20 years in federal prison. In addition to jail, there is also the very real possibility of large fines and civil action.

Extortion is not a criminal offense that should be taken lightly. If you are facing allegations of extortion, it is in your best interest to contact a criminal defense attorney as soon as possible to ensure that your rights are being protected.

Published on: December 1, 2015

Florida Podiatrist Accused of Using Wife’s Life Insurance to Fund Murder Defense

by Whittel & Melton, LLC

A Florida podiatrist has been accused of killing his estranged wife and using part of her life insurance settlement to pay for his criminal defense.

Reports indicate that the 48-year-old doctor pleaded not guilty to first-degree murder in the death of his wife, whose body was found at the bottom of their home’s swimming pool in February 2014.

Court records show a settlement on the woman’s $1 million life insurance policy was reached last month. It grants $200,000 to her husband’s criminal defense attorney, $25,000 to a civil attorney and $150,000 directly to the doctor.

Shortly before her death, the woman had filed for divorce and been given temporary custody of the couple’s daughters and their Tallahassee home.

The doctor has been released from jail on $250,000 bond.

If you have been charged with homicide or murder anywhere in the state of Florida, including Leon County, you need the best criminal defense lawyer in the state of Florida. Call a Florida Criminal Defense Lawyer at Whittel & Melton at 866-608-5529 as soon as possible for a free consultation. Your freedom and your liberty are our main concerns, and we can help you understand your legal rights and options.

Published on: November 25, 2015

Avoid a DUI & Criminal Penalties Thanksgiving Weekend

by Whittel & Melton, LLC

Thanksgiving is a time of year when families get together to celebrate memories and honor traditions. However, this is also the time of year when law enforcement agencies gear up to catch drunk drivers on our roadways.

Most law enforcement agencies, receive federal grants to increase their staffing levels during the holiday season, which typically begins with the four-day Thanksgiving weekend and continues to New Year’s Day. Arrests for DUI are highest during this time period.

The following are a few tips that may prove helpful to avoid a Thanksgiving DUI:

Do not drink and drive. If you have been drinking, call a cab, a friend or use a ride share app like Uber or Lyft to get home safe. If you know you will be drinking, designate a sober driver to take you home.
If you are pulled over, do not talk to law enforcement about where you were or what you were doing. Remember, you have the right to remain silent until you have your lawyer present.
If you are involved in an accident, stop immediately and remain at the scene. Do not admit to anything and request to speak with a lawyer as soon as possible.
Do not fall asleep inside your vehicle. You could get arrested if the officer observes that you have the keys in the ignition or if the engine is running.
Drive cautiously. Police will be closely monitoring motorists for any mistakes they make. In particular, they will be on the lookout for motorists who may be driving too fast or too slow, or running red lights or failing to stop at stop signs.

Published on: November 20, 2015

FDLE Seizes 23 Pounds of Marijuana from Palm Coast Home

by Whittel & Melton, LLC

More than 20 pounds of marijuana, a semi-automatic pistol and $9,000 in cash were allegedly found Monday after agents raided a Flagler County home.

Agents with the Florida Department of Law Enforcement’s Tri-County Narcotics Task Force, as well as Flagler County Sheriff’s Office deputies, apparently seized 23 pounds of marijuana with a street value of $76,000, a pistol and the cash during the search warrant they executed around 8:52 p.m. at a home on Wheatfield Drive in Palm Coast.

A 21-year-old of Palm Coast was arrested and charged with one count of possession of cannabis with intent to sell. He was booked into the Flagler County Jail on $10,000 bond.

According to jail records, he has since posted bond.

During the operations, the semi-automatic pistol that was seized was determined to have been reported stolen by the Volusia County Sheriff’s Office.

With Florida law enforcement determined to crack down on drug laws and close ranks on drug distribution operations, it can be amazingly easy to find yourself arrested for a drug possession with intent to sell charge. Arrests like these can stem from simple misunderstandings or even after you have been allegedly caught for possession and the prosecution wishes to amp up the charges.

Regardless of the situation, adding intent to distribute to a drug possession charge can greatly increase the penalties you face if convicted. It is highly recommended you work with a Florida Drug Crimes Defense Lawyer to protect your rights and fight these charges.

Published on: November 17, 2015

West Delray Doctor Convicted of Over Prescribing Pain Pills

by Whittel & Melton, LLC

A former West Delray doctor faces a mandatory minimum of 1,343 years in prison when he is sentenced in January on charges of overprescribing pain medication.

The former doctor prescribed high numbers of oxycodone — including 20,000 pills over 10 months to one patient.

The jury, a panel of four men and two women, deliberated more than 16 hours over three days before finding the former doctor guilty of 55 drug trafficking counts. They found him not guilty of 19 charges.

Palm Beach County Circuit Judge Jack Cox said he will sentence Schultz on Jan. 8. The 59-year-old doctor, whose medical license was already suspended, was immediately taken into custody by courthouse deputies. He had been free on bail since his 2011 arrest.

Schultz still has a pending 2013 manslaughter charge and another trial looming in the 2010 overdose death of a 50-year old male patient who was taking methadone — a fact that was not permitted to be shared with the jurors who just convicted him.

Authorities began investigating the former doctor in 2010 after receiving a complaint from a Lake Worth pharmacy that a patient tried to fill a 30-day supply of oxycodone totaling 1,590 pills. The pharmacist testified he became alarmed because that would be enough medication for nine months.

Officials then seized records from the former doctor’ s office, which allegedly revealed that he prescribed 80,350 oxycodone tablets between March 25 and May 11, 2010, compared to 3,450 pills for other ailments, an arrest report shows.

It is likely that the former doctor will file an appeal.

Have you been charged with a drug offense? Time is of the utmost importance. Contact a South Florida Drug Crimes Defense Lawyer at Whittel & Melton as soon as possible after your arrest. We can explain the court process and begin working immediately on an effective drug crimes defense strategy for your unique situation.

Those facing charges for drug trafficking or any other related offense are encouraged to contact us for a free case evaluation. We can make sure you understand your charges as well as the options you have available for your defense.

Published on: November 11, 2015

Two Hernando County Residents Accused of Manufacturing Meth in Front of Child

by Whittel & Melton, LLC

Two Hernando residents have been accused of manufacturing methamphetamine in front of a child.

A search warrant was executed at a home on the 3900 block of Withlacoochee Trail Wednesday morning and Citrus Sheriff Fire Rescue Hazardous Materials Team responded to assist with the investigation due to potentially hazardous materials.

During the search, detectives allege they discovered several items used to manufacture methamphetamine.

Deputies believe that a secondary structure on the property was used to cook meth via the “one pot” method.

A small child was present during the manufacturing process, according to deputies. DCF was immediately notified and responded.

During the search, cooked methamphetamine, drug paraphernalia, manufacturing vessels, other manufacturing paraphernalia, and a large amount of meth liquid was allegedly collected.

The amount of methamphetamine seized was more than 200 grams, according to reports. Due to the amount of meth collected, a 29-year-old man and a 26-year-old woman were charged with trafficking in methamphetamine. If convicted, they face a 15 year minimum mandatory sentence in prison.

They have also been charged with manufacturing methamphetamine in the presence of a child, possession of listed chemical, and possession of paraphernalia.

The state of Florida takes meth charges quite seriously. After being arrested for trafficking in methamphetamine, you need to know that you are facing severe consequences if convicted. Our Hernando County Drug Crimes Defense Lawyer at Whittel & Melton understand how scary these charges are and we are here to help you obtain the best possible outcome for your unique situation.

Meth is viewed as damaging to not just the person using it, but to members of the community as well. The production of meth can result in fires and explosions that can injure and kill innocent people, including children present, law enforcement personnel and emergency responders who are called to a house that is producing meth. Exposing a child to a meth lab is a first-degree felony, and a conviction carries a five-year minimum mandatory prison sentence. Causing the death of someone else through the manufacture of meth is a capital felony, punishable by life in prison.

Published on: November 9, 2015

New Clemency Conditions Established

by Whittel & Melton, LLC

The Justice Department announced new rules recently that would potentially make thousands of federal inmates eligible for presidential grants of clemency, including a requirement that candidates must have served at least 10 years of their sentences and have no history of violence.

The six conditions announced by Deputy Attorney General James Cole, ban inmates with ties to criminal gangs, organized crime groups and drug cartels, and are designed to broaden access to early release for non-violent offenders who were sentenced to long prison terms under mandatory minimum-sentencing policies.

Up to 13 percent of the federal prison system’s 216,000 inmates have served 10 years or more, but not all would qualify for consideration, based largely on their criminal histories.

Eligibility requirements include:

Inmates whose sentences would be substantially lower if convicted of the same offenses today because of changes to the sentencing structure.
Inmates who have demonstrated good conduct in prison.
Inmates with no history of violence before or during their term of imprisonment.

“Let there be no mistake, this clemency initiative should not be understood to minimize the seriousness of our federal criminal law,” the deputy attorney general said. “Our prosecutors and law enforcement agents worked diligently and honorably to collect evidence and charge these defendants and then fairly and effectively obtained their convictions. … However, some of them, simply because of the operation of sentencing laws on the books at the time, received substantial sentences that are disproportionate to what they would receive today.”

Cole said most eligible applicants would probably be drug offenders, other offenders could qualify if they meet the new requirements, including so-called career criminals.

Recently, the U.S. Sentencing Commission voted to reduce sentencing guideline levels applicable to most federal drug offenders.

The commission estimated that 70 percent of federal drug trafficking defendants would qualify for the change, and their sentences would decrease an average of 11 months, or 17 percent, from 62 months to 51.