Criminal

Published on: June 27, 2014

Palm Beach County Criminal Defense Attorney :: Eight Facing Federal Charges in Texas-Palm Beach County Cocaine Trafficking Bust

by Whittel & Melton, LLC

A group of eight individuals are suspected of using modified tractor trailers to transport cocaine between Texas and Palm Beach County.

The eight suspects from South Florida and the McAllen, Texas area are facing drug charges in a case before the federal courts. All of them are in custody, as they were arrested on Monday and Tuesday in both states.

According to a criminal complaint filed in West Palm Beach federal court, the group was moving 200 kilograms of cocaine a month into Palm Beach County.

Published on: June 24, 2014

Polk County Authorities Bust Million-Dollar Pot Operation

by Whittel & Melton, LLC

The Polk County Sheriff’s Office arrested nine people and seized almost 100 pounds of marijuana in a large-scale marijuana operation, according to reports.

Two different marijuana grow houses were broken up, including one operated by a 40-year-old Lake Wales man.

The man is allegedly responsible for six grow houses in the Lake Wales and Frostproof areas. The operation took in millions of dollars a year, officials said.

On Tuesday, the sheriff’s office revealed some evidence they had collected, including a gun, bulletproof vest and a large bag of marijuana. The operation resulted in the seizure of 96 pounds of marijuana and 70 marijuana plants, marijuana cultivation equipment, cash and vehicles.

Officials believe that most of the pot grown in the operation was shipped to the Northeast.

Polk deputies also busted a grow house in Poinciana on Monday, but officials have not yet reported whether the two busts are connected.

In Florida, manufacturing marijuana or cannabis is classified as a felony. Additionally, under the Marijuana Grow House Eradication Act, it is illegal to own or rent a home for the sole purpose of growing marijuana or housing marijuana plants. Depending on the size of the grow house operation and whether or not children are living in the home, convictions for this offense can range anywhere from 5 to 30 years in prison.

A Polk County Drug Crimes Defense Attorney at Whittel & Melton can help you if you have been accused of or charged with operating a grow house. We work tirelessly to defend those accused of running or participating in marijuana grow house operations.

We are more than familiar with the tactics police use to bust alleged grow house operations. That is why we never base a defense off of a police report. Instead, we perform our own investigation in order to gather the most accurate facts. If it is found that law enforcement used unlawful means to identify a marijuana operation, did not have probable cause for a search warrant or illegally questioned you, we will aggressively seek to have any evidence suppressed and push for the charges to be reduced or dismissed.

Published on: June 20, 2014

Orange County Juvenile Criminal Defense Lawyer :: Two Juveniles Arrested for House Burglaries in Maitland

by Whittel & Melton, LLC

Two juveniles linked to a string of house burglaries in Maitland were arrested on Wednesday, according to police reports.

Maitland police claim the two are also connected to numerous other break-ins in Orange and Seminole counties.

Some stolen items, which included electronics, purses and televisions, were recovered at the suspects’ homes, according to police.

The burglaries allegedly started in Maitland on June 6.

The suspects have been taken into custody and were transported to the Maitland Police Department for further questioning.

No further information has been disclosed regarding the alleged burglaries.

Juvenile criminal cases are handled differently than those of adults. The criminal courts recognize that those under the age of 18 are often unable to comprehend their behaviors and actions or understand the consequences in the same way as an adult’s brain does. Because of this, the court system puts an emphasis on rehabilitation when it comes to handling these cases.

Just like adults, a minor can invoke their right to remain silent and their right to a juvenile defense attorney. This is very important because an attorney should be contacted before a minor has any interactions with police. Understand that police are not required to tell the truth when questioning minors, so they often try to employ tactics that trick juveniles into giving incriminating statements.

An Orange County Criminal Defense Lawyer at Whittel & Melton can help you if your child has been accused of or charged with a criminal offense. When it comes to your child’s defense, our main goal is to preserve your child’s record so he or she can walk away from this experience without suffering long-term effects. We know that keeping children out of the criminal justice system is central for protecting their future.

Published on: June 16, 2014

Volusia County Criminal Defense Attorney :: Two Men Arrested for Drug Crimes in Deltona Crime-Suppression Operation

by Whittel & Melton, LLC

Two men were arrested around 3:35 p.m. on Friday after a Volusia County Sheriff’s Office deputy positioned along State Road 415, in Osteen, noticed a car go by and observed the passenger not wearing his seat belt.

The deputy stopped the vehicle and remarked that both men seemed nervous. When asked why he was not wearing a seat belt, the passenger, a 42-year-old Deltona man said he was simply too large to wear the belt.

The deputy called a Sheriff’s Office drug-detecting K-9 to be brought to the scene. The dog quickly alerted deputies to the presence of drugs. Officer’s uncovered cocaine, 23 grams of marijuana hidden under the passenger’s stomach fat, a .380-caliber semi-automatic handgun and more than $7,000 in cash stuffed into a tube sock.

According to deputies, the vehicle’s trunk and interior were sprinkled with carpet freshener and scented dryer sheets, which is a common trick used to hide the odor of drugs when they’re being transported.

The driver, a 38-year-old Sanford man was arrested and charged with possession of cocaine. The passenger was arrested and charged with possession of marijuana and also was cited for not wearing his seat belt, according to a Volusia County Sheriff’s Office release.

The arrests were part of a crime-suppression operation run by the Sheriff’s Office targeting crime and traffic enforcement in the Deltona area.

The operation began around 10 a.m. Friday, June 13, and lasted for about 10 hours.

Named Operation Summer Shield, the operation was intended to combat property crimes, illegal drugs and dangerous driving offenses, such as speeding, DUI, running traffic lights and stop signs and reckless driving. The key objective of the operation is to decrease, deter and dislodge crime through aggressive enforcement.

Friday’s operation netted 23 arrests and resulted in the issuance of 83 traffic citations and 14 criminal citations. Deputies also conducted 148 traffic stops.

Of the 23 arrests, five were for felony offenses, 16 were for misdemeanor charges and two were the result of open warrants. Some of the other charges included illegal possession of prescription drugs, driving with a suspended license, possession of drug paraphernalia and interference with child custody.

According to deputies, similar operations will be run throughout the summer months.

A drug possession conviction carries serious consequences for one’s life, future and career opportunities. Some of the potential penalties for drug possession include imprisonment, substantial fines and the loss of one’s driver’s license for two years.

Whatever drug you are accused of possessing, a drug crime conviction could be life altering. A Volusia County Drug Crime Defense Lawyer at Whittel & Melton can help fight all types of drug possession charges. We will not only work tirelessly to keep you out of jail, but will strive to achieve a case dismissal, a suspended sentence or even a successful appeal for those convicted of drug possession.

Published on: June 3, 2014

Brevard County Criminal Defense Lawyer :: Brevard Judge Challenges Public Defender to Courtroom Brawl

by Whittel & Melton, LLC

Conflict exploded in a courtroom Monday after a judge apparently dared an assistant public defender to go out back and fight.

The Brevard judge allegedly grabbed the assistant public defender and punched him in the head.

A video of the incident has been released, which can be viewed here.

In the video, the judge and the public defender swap words about a case after the public defender refuses to waive one of his clients’ rights to a speedy trial.

“You want to set it for docket sounding, set it for docket sounding. I’m not waiving in any case. This is an emergency created by the state,” the attorney said.

The judge responded with the following statement: “You know if I had a rock I would throw it at you right now. Stop pissing me off. Just sit down. I’ll take care of it. I don’t need your help. Sit down.”

The public defender fired back by saying: “You know what? I’m the public defender I have a right to be here and I have a right to stand and represent my clients.”

The judge then apparently takes the conversation one step further by shouting back this proclamation: “I said sit down. If you want to fight lets go out back and I’ll just beat your ass.”

The men then disappear off camera, where loud banging can be heard.

According to others in the courtroom, the men stepped into a hallway behind the courtroom that is typically used by judges and jurors.

The public defender claims that once inside the hallway, the judge grabbed him by the collar and began punching him in the head. The public defender apparently attempted to stop the judge from punching him, but courtroom bailiffs eventually came into the hallway and pulled the two apart.

The video recorded one of the men off camera saying: “I’m not kidding. You wanna [expletive] with me?”

The judge returned to the courtroom out of breath, but retakes his seat.

Those seated inside courtroom applauded.

The judge was not arrested, and reports indicate that charges will not likely be filed. However, it does appear that the incident will be reported to the Florida Bar.

The video demonstrates that the judge loses his tact and sense of control. It will be interesting to see how this courtroom scuffle plays out – it seems odd that if this was an unprovoked attack, like the public defender’s office is claiming, why no criminal charge was filed. Regardless, judicial discipline will likely come as this case demonstrates a violation of judicial ethics, especially since it appears the fight erupted after the judge wanted someone to waive a constitutional right.

Published on: May 28, 2014

Polk County Criminal Defense Lawyer :: Prostitution and Human Trafficking Investigation Nets 98 Arrests

by Whittel & Melton, LLC

A former Orlando police officer and Polk County School Board volunteer were among 98 arrested for prostitution and human trafficking during a four day undercover investigation conducted by the Polk County Sheriff’s Office.

The four day sting operation started Thursday and finished Sunday.

Detectives focused on websites that advertise prostitution.

The Polk County Sheriff’s Office arrested 98 people, including 24 married men and women, 28 prostitutes, 52 “Johns” and 16 who brought prostitutes to the undercover location.

The undercover sting was titled “Operation: When will you learn.”

The former Orlando police officer, 44, is accused of trying to find women he could pimp out on the streets. He is charged with use of a two-way communication device to commit a felony and trying to derive proceeds from prostitution.

According to the Polk County Sheriff’s Office, the man was trying to be a pimp.

Another man, a 56-year-old Polk County School Board volunteer residing in Winter Haven, is accused of soliciting an undercover female detective to have sexual intercourse for $100. He was charged with soliciting another to commit prostitution.

Deputies also allege that the undercover operation broke up at least three human trafficking rings.

Polk County law enforcement officers often try to catch those engaging in illegal acts of prostitution by performing undercover sting operations on a regular basis. These undercover operations are conducted with the hopes of luring unsuspecting individuals into acts of prostitution. Many undercover detectives are not above using all types of tricky and underhanded methods to catch suspected pimps and even law-abiding citizens just so an arrest can be made.

Published on: May 16, 2014

Charlotte County Criminal Defense Lawyer :: Punta Gorda Man Facing Child Pornography Charges

by Whittel & Melton, LLC

State investigators arrested a Charlotte County man last week on several counts of possessing child pornography.

Agents raided the 43-year-old’s house on Mango Drive in Punta Gorda where they claim they discovered a computer that was advertising videos and images of young children being raped.

This man’s arrest was part of a larger, undercover sting operation targeting individuals in Southwest Florida believed to be in possession of child porn.

The man’s wife allegedly told police that her husband accidentally downloaded the images.

According to police, the woman said her husband was trying to download music from a website called “eMule,” a peer-to-peer networking site. However, police allege the man downloaded images of children engaging in sexual activity.

The woman told police that the images were deleted as soon as her husband saw what they were.

The Florida Department of Law Enforcement began investigating the man last October. Agents targeted computers with IP addresses in Southwest Florida believed to contain child porn.

Police claim the man began searching, collecting and advertising child pornography nearly a year ago. He is being held at the Charlotte County Jail on $500,000 bond.

Possession of child pornography charges are grave and require an aggressive criminal defense. If you have been caught in a situation where images of child porn were found on your computer, a Charlotte County Criminal Defense Attorney at Whittel & Melton can investigate the facts of your case and provide you with a thorough defense against these heinous allegations.

As trial attorneys and former prosecutors, we have the technical experience and knowledge needed to defend child pornography cases. The majority of these cases involve online peer-to-peer file sharing networks where the material in question is often mistakenly downloaded or is embedded in other files being downloaded, which can wind up being traced back to you. If you have been accused of possessing images of child porn or have been contacted by law enforcement, the best thing you can do to help yourself is to invoke your rights to remain silent and contact a criminal defense lawyer as soon as possible.

Published on: May 8, 2014

Seminole County Federal Criminal Defense Lawyer :: Altamonte Jewelry Store Involved in Nationwide Sweep on Synthetic Drugs

by Whittel & Melton, LLC

The owner of an Altamonte Mall jewelry store has been arrested on federal charges after his business was raided Wednesday as part of a nationwide sweep on synthetic drugs.

According to a U.S. Drug Enforcement Administration official, the jewelry store owner allegedly oversaw a large synthetic drug operation in Central Florida.

A federal grand jury indicted the man Wednesday, the same day DEA agents raided his Windermere-area home, Altamonte Springs jewelry store and a warehouse on John Young Parkway where he is accused of storing drug paraphernalia.

Agents claim that the man was not selling drugs out of the jewelry store, but allegedly laundered the proceeds through the business.

The owner and his two alleged associated were each indicted on two federal drug charges.

If convicted, prosecutors would seek to forfeit more than $13 million from the suspects, as well as the jewelry store owner’s nearly 8,200-square-foot home on McKinnon Road.

This drug sweep is part of “Project Synergy,” a multi-agency operation targeting all levels of the global synthetic drug market.

In an announcement on Wednesday, the DEA said that the latest phase of “Project Synergy” ended with the arrests of more than 150 people nationwide. Around 200 search warrants were executed across 29 states.

Authorities claim they confiscated hundreds of thousands of individually packaged, ready-to-sell synthetic drugs, hundreds of kilograms of raw synthetic products and more than $20 million cash.

Synthetic drugs are often promoted as bath salts, herbal incense, jewelry cleaner or plant food and have increased in popularity.

Bath salts, which are illegal in Florida, are comprised of substances that are meant to mimic the effects of LSD, cocaine or methamphetamine. These drugs are marketed under names such as “Ivory Wave” and “Vanilla Sky.”

Synthetic marijuana, also referred to as “K2” or “Spice,” is also illegal in Florida and a growing concern among teens and young adults.

Synthetic marijuana and bath salts are considered controlled substances under both state and federal law, which means you are looking at prison time if you are charged with a drug crime involving either of these drugs. Even if you purchased these illegal substances at a smoke shop or head shop in the Altamonte Springs area, you can still be arrested and charged with a drug crime by local authorities or even the DEA.

Along with ecstasy, peyote and LSD, synthetic marijuana and bath salts are classified as schedule I controlled substances under federal law. Schedule I controlled substances are considered highly addictive and are believed to have no medical value. A conviction for a federal drug crime charge, including possession, manufacturing, distributing or trafficking will result in mandatory minimum sentencing, which usually means several years behind bars.

Published on: May 6, 2014

Polk County Criminal Defense Lawyer :: 101 Arrested in Three Day Drug Sweep

by Whittel & Melton, LLC

Polk County Sheriff’s Office deputies and undercover detectives conducted a three day county-wide proactive initiative that focused on repeat offenders, drug offenders, offenders on probation and followed up on crime tips and crime trends.

After the three day operation, 101 suspects were arrested and 15 search warrants were served.

Of those detained, 92 are repeat offenders, with a total of 955 prior arrests and more than 1,500 criminal charges.

Deputies and detectives claim they were able to seize $13,378, six firearms, one vehicle, more than two pounds of marijuana and more than three ounces of methamphetamine and 45.1 grams of hydrocodone.

The 101 suspects arrested were charged with 325 offenses, including 180 felonies, 145 misdemeanors, 32 outstanding warrants for 32 felonies and 17 misdemeanors, 5 warrants from other jurisdictions and one fugitive from justice.

Nine of those arrested were currently on probation, and received a violation of probation charge in addition to other charges. According to police, more than 12 of those arrested had active warrants for violating probation.

Reports indicate that 40 of the suspects were receiving public assistance at the time of their arrest, and 32 out of the 101 have served time in prison before.

The investigation focused on Auburndale, Winter Haven, Lake Wales, Eloise, Frostproof and Lakeland areas of Polk County.

The sweep was part of the agency’s “Proactive Community Attack on Problems”, also known as the “PROCAP” program, that involves collecting daily crime data, studying trends in the data and delivering that information to supervisors and deputies.

When conducting a drug sweep, police usually raid homes and businesses where they believe drug activity is taking place. Numerous people can be arrested in these operations and charged with drug possession or distribution, as well as additional crimes like weapons charges and probation violations. While police may believe that those they are arrest are dealing drugs, many people caught up in these sweeps are innocent bystanders that have no direct connection to the drug trade.

Published on: April 30, 2014

Sarasota County Sex Crimes Defense Lawyer :: Operation Intercept III Nets 12 Arrests for Internet Solicitation of a Child

by Whittel & Melton, LLC

The Sarasota County Sheriff’s Office has arrested 12 men in an undercover sting operation dubbed “Operation Intercept III,” targeting adults who use the Internet to solicit sex from children.

The men, ranging in age from 20 to 50, arrived at a decoy house in Sarasota County allegedly intending to have sex with a child, according to detectives. Instead, they were met by undercover officers.

According to the Sarasota County Sheriff’s Office, the men allegedly used phone applications, social media sites or Internet advertisements to contact undercover agents posing as minors or guardians of children.

Between Thursday and Saturday, agents claim that the men all engaged in sexually explicit conversations with what they believed were minors or parents of minors.

Most of the men charged in the sting believed they were talking to 14-year-old females. One case involved an agent posing as a 13-year-old girl, and another involved an agent posing as a 14-year-old boy.

One of the men arrested, a 33-year-old Tampa security officer, apparently believed he was talking to the mother of a 12-year-old girl. He allegedly started chatting with the mother on April 17 on OKCupid and then began texting. The man allegedly talked about taking the daughter’s virginity, according to reports.

Another man, 44, allegedly agreed to impregnate a 14-year-old girl, according to the Sheriff’s Office.

All of the men are charged with use of a computer to solicit a child to commit a sex act, travelling to solicit a child to commit sex and attempted lewd and lascivious battery.

Many of those arrested face additional charges related to sending nude photos or drugs.

The sheriff’s offices in Manatee and Sarasota counties have completed six stings, including this operation, in which more than 170 people have been arrested.

This is the most recent sting and the only one that has yielded less than 25 arrests.

Additional investigations related to this operation are ongoing.

Internet solicitation charges involving a minor are typically prosecuted quite aggressively. If you are facing this charge or a similar sex offense, you could be forced to deal with the serious social stigma attached to sex crimes against children as well as the very real possibility of spending years behind bars if convicted.

After the airing of the “To Catch a Predator” series, most people are familiar with how police conduct undercover Internet sex crimes investigations involving minors. However, when individuals meet online, this provides law enforcement with the opportunity to use entrapment to make their case. Entrapment brings up many constitutional rights issues, which is why the facts of your case must be thoroughly scrutinized to make sure no information was obtained illegally. Depending on the circumstances, if entrapment was used in your case, any evidence against you can be thrown out.