Criminal

Published on: February 12, 2015

Teen Accused of Pawing Students Charged with Simple Battery

by Whittel & Melton, LLC

A 17-year-old Leesburg teen, who was expelled from Tavares High School for allegedly inappropriately touching female students, was arrested Friday for doing the same thing, according to the Lake County Sheriff’s Office.

The teen was charged with two counts of simple battery and trespassing. He remained in the Lake County jail Monday in lieu of $15,000 bail.

According to an arrest affidavit, the teen was a student at Tavares High, but was previously expelled for inappropriately touching female students. He was also trespassed from the facility.

He is accused of returning to the school on Friday at 7:15 a.m. where he allegedly hugged random girls.

“Statements were provided that he was asking the victims for ‘hugs,’ then he would grab their butts, and run his face in their breast area and try to kiss them …,” according to the affidavit.

The teen was arrested at 8:30 a.m.

He is scheduled for a court arraignment on Feb. 25.

Having a criminal conviction at a young age can negatively affect your child’s life for many years to come. Not only could they be facing jail time, but he or she could be denied college acceptances, driving privileges, jobs, student loans and other types of financial aid. A criminal conviction could even lead to your child getting suspended or expelled from school.

Juvenile Court is quite different from the adult legal system, but you need a Juvenile Criminal Defense Lawyer to help guide you through the system. There are things you need to know, like when your child will be released to you, the potential punishments and how the charge could impact the rest of your child’s life.

Published on: February 4, 2015

American Airlines Flight Attendant Arrested for Stealing UNICEF Donations

by Whittel & Melton, LLC

Police arrested a 56-year-old Miami flight attendant for American Airlines after his vehicle was parked for several days at New York’s John F. Kennedy International Airport.

The man’s yellow Ford Crown Victoria had expired Florida plates and a sag in the rear, which police believed were explosives.

However, police did not fight explosives in the man’s car. Instead, they claim they uncovered stolen UNICEF coins.

Police believe the man stole coins donated by international passengers to the U.S. Fund for UNICEF, the United Nations’ children’s charity and a longtime partner of American Airlines.

The man is accused of failing to deliver the donations to UNICEF. Police allege the man stored the coins in plastic bags and suitcases in the trunk of his 2006 Crown Vic, which caused it to sag under the weight of 700 pounds in Euro coins and other foreign currency.

The U.S. value of the coins totals about $5,000, according to Port Authority police.

The man apparently admitted to the theft in interviews with detectives. He was arrested on Jan. 31 and booked on felony charges of grand larceny and criminal possession of stolen property.

The man posted $100,000 bail the next day. He is due back in court on March 24.

In the state of Florida, grand theft, also known as grand larceny, is defined as the unlawful taking of any property that amounts to more than $300 in worth. Crimes of grand theft can be charged as first, second or even third degree felonies depending on the severity of the activity.

Published on: February 2, 2015

Merritt Island Dog Fighting Ring Busted

by Whittel & Melton, LLC

Two people were arrested Saturday night after the Brevard County Sheriff’s Office uncovered a dog fighting ring in Merritt Island.

Deputies responded to a Merritt Island home after the Sheriff’s Office was tipped off by a concerned citizen who heard what they believed was animal cruelty in progress.

Deputies alleged they found several severely malnourished dogs, as well as a fighting ring and visible blood on the fighting structure and the dogs.

Agents from the Sheriff’s Office’s Special Investigations units and Brevard County Animal Services responded to the scene where they collected evidence and safely rescued the dogs.

A 41-year-old man and a 32-year-old woman, both of Merritt Island, were arrested.

The man was charged with fighting dogs and was taken to the Brevard County Jail, where he’s being held on no bond. According to court records, the man is currently on federal probation and has a lengthy violent criminal history, including sexual battery, battery and assault on law enforcement officers, weapons, narcotics and resisting arrest charges.

The woman was charged with cruelty to animals. She was taken to the Brevard County Jail, where she’s being held on $500. Records indicate that the woman has a local criminal history, including aggravated child abuse, theft and multiple narcotics charges.

The dogs were seized and taken to the Sheriff’s Office’s Animal Services Center for emergency medical treatment.

In addition to the dogs, deputies claim they found cash and firearms. The investigation is ongoing.

Florida views animal cruelty charges very seriously and aggressively prosecutes these cases. If you have been arrested and charged with animal cruelty, neglect or any form of animal abuse, you are looking at the very real possibility of jail time and significant monetary fines anywhere from $50 all the way up to $10,000.

Animal cruelty charges encompass inhumanely confining an animal, beating an animal, failing to provide water or food, failing to provide adequate shelter as well as fighting an animal. Fighting an animal is classified as a third-degree felony carrying a 5-year jail sentence.

Published on: January 29, 2015

Avoid a Criminal Arrest During Gasparilla Pirate Fest

by Whittel & Melton, LLC

This Saturday, Tampa Bay will be celebrating the 2014 Gasparilla Pirate Fest. This day-long celebration welcomes the public to partake in a spectacular parade and festival inspired by Jose Gaspar. This annual festival accommodates more than 300,000 people every year, which results in large crowds of rowdy and excited guests.

While a fun time, it is important to remember that as with most things, larger crowds usually means more arrests for various violations. Reports from earlier Gasparilla Parades recount numerous arrests for open container violations, as well as various citations for civil infractions. Arrests for alcohol-related criminal offenses are also very high this weekend, particularly for disorderly conduct, DUI, Boating Under the Influence and underage drinking.

During this Gasparilla weekend, it is very important to practice safety in order to avoid a potential arrest. It can be quite helpful to prepare your agenda for the day ahead of time and make all necessary arrangements to get home safely at the end of the night. You can protect yourself as well as the safety of others by following the guidelines provided by the City of Tampa.

Plan your day in Advance. Save time by planning where you will park and familiarize yourself will the street closures so that you can map your route there accordingly.
Pick a meeting place for friends and family. By selecting a spot ahead of time, you and the rest of your party can know where to go in the event you get separated.
Know the “Wet Zones.” The parade route does allow participants to drink alcohol openly, but only from select vendors selling along the route. Keep in mind that no coolers, kegs or open containers are allowed elsewhere on the streets. Police are stressing that no glass containers of any kind are permitted.

Published on: January 22, 2015

UF Women’s Basketball Player Accused of Stealing Credit Card from Teammate

by Whittel & Melton, LLC

A University of Florida women’s basketball player was arrested Friday afternoon after a teammate accused her of stealing her credit card and using it at several stores, a nail salon and a pawn shop.

According to the arrest report, the 21-year-old woman was charged with theft of a credit card and fraudulent use of a credit card. The report identifies the woman as a member of the women’s basketball team.

The victim was listed as the woman’s teammate. The report alleges that the woman took her teammate’s credit card without permission on Jan. 11 from the women’s locker room of the basketball practice facility. According to reports, the locker room is secured by a key code known only to the team, coaches and janitorial staff.

The alleged stolen card was used at Macy’s and a nail salon at The Oaks Mall on Monday, according to police. It was used on Tuesday at some other shops as well as a pawn shop.

On Friday, the woman apparently told police she found the card outside the practice facility and allegedly admitted to using the card at the stores, police said. She told officers she threw the card away after using it.

Credit card fraud often involves identity theft. It can be defined as many things, including:

Stealing a credit card and assuming the victim’s identity in order to purchase merchandise or goods
Theft of credit card data
Using credit card data without permission to make online purchases
Opening a new credit card account using someone else’s information
Using forged credit cards

Published on: January 14, 2015

Lakeland Man Pleads Guilty to Federal Child Porn Charges

by Whittel & Melton, LLC

A Lakeland man is facing up to 80 years in prison after pleading guilty to producing and transporting child pornography.

Reports indicate that the 40-year-old man accepted a guilty plea Monday in Tampa federal court. A date for his sentencing has yet to be set.

Prosecutors believe the man produced at least 50 sexually explicit videos of himself having sex with two children who were 2 and 13 months old.

Officials claim the alleged abuse began in 2012 when one child was under 6 months old.

Court records show the man filmed the acts with his cell phone and shared the video with at least 100 people.

The Department of Homeland Security began looking into the case in 2013.

Child pornography cases are all over the media today. We have all seen or heard of recent cases where individuals are sentenced to lengthy prison terms for possession, distribution and production of child pornography. Facing a federal sex crimes charge in Florida can be extremely frightening.

Due to the social stigma attached to child pornography accusations, our Polk County Criminal Defense Lawyers at Whittel & Melton understand how important it is to swiftly minimize the impact of a federal child pornography investigation or charge. We know that your family life, personal relationships and job are on the line and will fight for your rights throughout the entire process and will work vigorously to defend your rights.

Unfortunately, federal child pornography cases can be complex and difficult to defend. The government will not usually bring charges until they have conducted a lengthy investigation and are confident they have enough criminal evidence to succeed at trial.

Published on: January 9, 2015

Pasco County Teacher Accused of Having Sex with Student

by Whittel & Melton, LLC

A 25-year-old Pasco County High School instructor has been placed on administrative leave after being arrested for unlawful sexual activity with a minor.

According to reports, the female teacher contacted the student at the school through Facebook messenger in early April. Deputies allege that she gave the victim her phone number and asked him to call her.

Deputies claim the pair met up at a park in New Port Richey and had sex. According to the arrest report, several more sexual encounters occurred between April and July.

Deputies said the teacher was 24-years-old at the time of the incidents and the victim was 17.

The teacher worked as a graduation enhancement instructor helping kids who are at risk of not graduating. She has been with the school district since April 2013.

The school board is expected to vote whether to suspend the woman without pay at its next meeting on January 20th.

The woman has been released from jail on $10,000 bond.

Sex crimes carry very harsh penalties, including mandatory registration as a sex offender, hefty fines, and depending on the specific charge, mandatory minimum prison sentences. It is absolutely necessary that you contact a criminal defense lawyer once you know that the police are investigating you for such a charge.

As a teacher in a public position, being accused of a sex crime can ultimately end your career. It is very important to get help from a Pasco County Criminal Defense Lawyer at Whittel & Melton as soon as possible due to the fact that consequences for a conviction of are severe. When facing these accusations, licensed professionals, like teachers, may suffer automatic revocation of their license.

Published on: January 8, 2015

Cruise Ship Worker Receives 30 Years in Prison for Sexually Abusing Passenger

by Whittel & Melton, LLC

A 29-year-old former crew member for Holland America Line was sentenced to 30 years and five months in prison, followed by a lifetime of supervised release, for the attack and attempted murder of a female passenger last year, according to the US Department of Justice.

the man is an Indonesian citizen and according to FBI agents, admitted to entering the woman’s stateroom using his company-issued master key, and hiding on the balcony waiting for her to return.

The man said that before the attack, while delivering room service, the woman disrespected him and his parents by referring to him as a “son of a b____.”

The victim, a 32-year-old American woman, was assaulted by the man while on a seven-day western Caribbean charter cruise.

FBI agents said the man attacked the woman after she got into bed, choking and punching her numerous times. The man struck the woman with a laptop and curling iron, and tried to strangle her with a telephone cord and a curling iron cord. The victim was said to be unconscious at least once during the attack, at which time the man sexually assaulted her.

The man continued to attack the woman on the state room’s balcony where he tried to throw her overboard.

The woman was able to escape after stabbing the man with a corkscrew, according to the report.

According to Holland America Line, the man was immediately fired.

The company said the man was hired in 2012 after a careful screening that included a clean criminal history check. He apparently had good references and no prior performance issues.

The man did plead guilty to the attack in September. He will be deported after serving out his sentence.

People who are charged with sex crimes can expect to have their lives changed forever, as they will be subjected to invasive investigations and questioning by police. The media can also be quite intrusive once they catch wind of a sex crimes case. Because of this, it is always a good idea for a person to seek legal counsel from a knowledgeable attorney when arrested for or charged with a sex crime.

Published on: December 30, 2014

Tips for Avoiding a DUI this New Year’s Eve

by Whittel & Melton, LLC

You want to avoid getting arrested for DUI in Florida on New Year’s Eve and “becoming a statistic.” New Year’s Eve is a holiday that it is both cause for celebrating and relaxing. After the stress of getting ready for Christmas, people usually take this time to enjoy the end of the holiday season and contemplate their goals for the new year. However, because this is the last holiday of the year, there tends to be an increased number of people who drive under the influence of alcohol or drugs. Listed below are several tips to help drivers avoid a DUI this New Year’s Eve.

Limit Drinks

If you are at a party that has an open bar, and you know you are driving, know exactly how many drinks you are having so that you can watch your personal limit. Remember that once you start drinking it can be difficult to stop yourself from having too many. Be mindful of the exact amount you have had to drink.

Call a Cab or Uber or Lyft

Public transportation can save many people from DUI-related accidents and arrests. Save the number of a local cab company in your phone, use a ride share app on your phone or attend parties or social gatherings close to a bus route.

Don’t Go Solo

Don’t go to a party or social gathering by yourself. Bring along at least one other friend and make sure to determine who the designated driver is for the entire group before any alcohol is consumed.

Eat!

While many people have New Year’s resolutions about weight loss, New Year’s Eve is one of those nights where you should eat. Food fills the stomach, making less room for alcohol. Try to snack on foods like meats or dark chocolate, which are known to keep you fuller longer.

Offer Alternative Drinks

If you are hosting a party, include “mocktails,” sodas, punch, or even just water on your drink menu.

Make Accommodations for Guests

If you know your guests have a far trip ahead of them, arrange for them to stay with you or at a nearby hotel. That way, no one drives home drunk.

Leave the Party Early

New Year’s Eve is one of the busiest nights of the year. You can expect delays for taxis and other modes of public transportation, so be prepared. Leaving your party or social gathering early can also ensure that you get home safely and at a reasonable hour.

Published on: December 23, 2014

Pre-Trial Hearing Set for Ex-Florida Gator Aaron Hernandez

by Whittel & Melton, LLC

A pretrial hearing has been scheduled Monday for former New England Patriot and Florida Gator Aaron Hernandez.

His murder trial is set to start next month.

The hearing at Bristol County Superior Court in Fall River will focus on jury issues. Jury selection is scheduled to start Jan. 9.

Hernandez has pleaded not guilty to the June 2013 killing of a semi-professional football player who was dating the sister of Hernandez’s fiancee.

Hernandez also has pleaded not guilty in a separate case involving the fatal shootings of two men in 2012 after an encounter at a Boston nightclub.

Prosecutors preparing for the murder trial have sought to admit a range of evidence related to Hernandez’s other alleged crimes, including the Boston homicides and unlawful possession of firearms.

However, Judge E. Susan Garsh has ruled that prosecutors cannot mention the Boston killings.

The judge also has ruled that prosecutors cannot submit as evidence the final text messages the semi-pro football player sent to his sister, including one sent minutes before he was fatally shot at an industrial park near Attleborough.

Garsh also has ruled that prosecutors cannot introduce the shooting of a former associate of Hernandez who has filed a lawsuit claiming Hernandez shot him in the face after an argument in Florida in 2013.

Courts are usually more inclined to allow previous evidence from other cases when it can be sufficiently connected to the facts of the present case. Admissible evidence of prior criminal acts is always circumstantial, and merely provides support for the prosecution to prove that the defendant could have committed the present act. Due to the fact that this evidence is strictly circumstantial, the purpose is to prove intent, identity or motive.