Criminal

Published on: December 9, 2013

Miami-Dade County Criminal Defense Lawyer :: Hialeah Woman Accused of Having Sex with 15-Year-Old Boy

by Whittel & Melton, LLC

A 24-year-old Hialeah woman was arrested Tuesday and charged with having sex with a 15-year-old boy, according to police.

The woman was charged with two felonies, including lewd and lascivious battery on a minor and contributing to the delinquency of a minor.

Police claim the woman knew the victim as he is allegedly related to her jailed boyfriend.

According to a police report, the victim stated that the woman entered his locked bedroom uninvited on Nov. 25 just shortly before 2 a.m. and “enticed him to have sexual intercourse with her.” She allegedly performed oral sex on the boy.

The report also indicates the boy told police “since he was a virgin, he felt intimidated by the defendant.”

The boy also told police the woman smokes marijuana and offered it to him, but he refused. He claims she asked where she could buy “Mollies, marijuana or cocaine.”

The woman allegedly admitted to having sex with the boy during police questioning.

Lewd and lascivious battery, also known as statutory rape, is defined in the state of Florida as any sexual activity with a child older than 12, but younger than 16 or encouraging, forcing, or enticing a child older than 12, but younger than 16 to engage in any sexual act. This sex crime is classified as a second-degree felony, and a first time offender convicted of this offense faces very serious consequences, including up to 15 years in prison.

Published on: December 4, 2013

Lake County Criminal Defense Lawyer :: ‘Operation Dog Pound’ Nets 38 Suspected Crack Cocaine Dealers across Lake County

by Whittel & Melton, LLC

The Lake County Sheriff’s Office arrested nearly 40 suspected dealers and suppliers across the county last month in a drug bust dubbed “Operation Dog Pound.”

Tips from everyday citizens apparently started the initial investigation.

According to Lake County detectives, 38 men and women were arrested for their involvement in the supply and sale of cocaine and crack.

Many of the complaints came from residents in the Umatilla area about the sale of cocaine taking place in their neighborhoods, according to investigators.

The investigation began in October and ended in early November.

More than $100,000 worth of cocaine was allegedly taken off the streets, most of it in Umatilla, Mount Dora and Eustis.

According to detectives, no drug network was uncovered, however a few key suppliers were found to have sold powdered cocaine to street level dealers who made it into crack.

Authorities believe more arrests will follow.

Drug charges are aggressively pursued on both the state and federal level and carry very harsh penalties, including mandatory minimum sentences that involve prison time. These charges should never be taken lightly as the sale and delivery of drugs in Florida is a second-degree felony. The sale and delivery of cocaine carries very heavy penalties. However, there are valid defenses to these types of drug charges. No matter the circumstances surrounding your arrest, you may be able to beat your case. A Lake County Criminal Defense Lawyer at Whittel & Melton can make sure your rights are protected and that you fully understand all of your legal options.

Just because you were arrested for a serious drug crime does not mean you have been convicted of the offense. It is never in your best interest to just plead guilty before speaking to a criminal defense attorney. Many people arrested for drug crimes fail to take action by hiring a lawyer and end up missing out on opportunities to have their case dismissed, reduced or even dropped. Think twice before pleading guilty or accepting a plea deal with prosecutors for probation. A conviction on your permanent record can cause many problems in both your personal and professional life down the road.

Published on: December 2, 2013

Citrus County Criminal Defense Attorney :: Citrus County Drug Store Manager Accused of Stealing Lottery Tickets

by Whittel & Melton, LLC

A Citrus County B & W Rexall Drug Store manager was arrested last week for allegedly stealing and then redeeming scratch-off lottery tickets.

The 33-year-old Inverness man is charged with one count of grand theft and one count of dealing in stolen property.

The owner of the drug store contacted authorities of the thefts after Capital City Bank alerted him that their lottery account was overdrawn by $6,000, according to an affidavit.

Deputies inspected the thefts and apparently found that store owners contacted the Florida Lottery Commission and were advised winning tickets were redeemed at an Inverness grocery store.

The arrest affidavit states that surveillance video at the grocery store showed the accused redeeming the lottery tickets.

Store owners claim they are certain $4,500 worth of lottery tickets are missing, but there could be a total loss of $25,000.

Deputies questioned the accused at his Inverness home where he allegedly confessed to stealing an unknown amount of lottery tickets.

Police claim he admitted to taking tickets starting in September, and managed to steal a few every couple days.

Deputies at the Lottery Commission were apparently able to confirm that the man drove to a Gainesville lotto office on September 23 to redeem a $1,000 ticket.

The man worked at the drug store for five years.

He was arrested and has since been released on his own recognizance.

Any person who deals in stolen property that he or she knew or should have known was stolen can be charged with a second-degree felony. A conviction for this offense carries very harsh consequences, including up to 15 years in prison and $10,000 in fines. In most cases, dealing in stolen property charges are paired with arrests for theft or burglary. However, just because you have been accused of theft or dealing in stolen property, this does not mean you are automatically convicted of these crimes. Prosecutors must prove that a person knew that the property he or she sold or redeemed money for was stolen, which in many cases, can be difficult to prove. A Citrus County Criminal Defense Lawyer at Whittel & Melton can thoroughly inspect the circumstances surrounding your arrest for all potential defenses.

Published on: November 26, 2013

Sumter County Criminal Defense Lawyer :: Two Men Arrested on Child Porn Charges in Separate Cases

by Whittel & Melton, LLC

The Sumter County Sheriff’s Office has reported that they arrested a 50-year-old Bushnell paramedic after a raid of his home Wednesday apparently revealed dozens of illegal pornographic images.

The man also allegedly confessed to molesting a 15-year-old.

The man was charged with 12 counts of possession of child pornography and one count of lewd and lascivious behavior. He was taken to the Sumter County jail where he remained Thursday in lieu of $39,000 bail.

According to a sheriff’s spokesman, an ongoing operation by the Citrus and Sumter sheriff’s offices led investigators to believe that child pornography was being downloaded in the man’s home in Bushnell.

Deputies obtained a search warrant and raided the man’s home, seizing his laptop, which apparently contained at least 120 child pornography files, according to an arrest affidavit.

Detectives claim that the man told them he was addicted to child pornography.

At least 12 of the files are believed to contain minors, however the investigation is ongoing.

During the raid, the man allegedly told police that he groped a 15-year-old. Detectives apparently spoke with the teen, who allegedly confirmed the allegations.

In a separate case, the Sumter County Sheriff’s Office arrested an 18-year-old student who is accused of having a sexual relationship with a student younger than 16 years old.
The man has been charged with lewd and lascivious battery, as well as transmission of material harmful to minors, after police say he allegedly sent nude pictures of himself from his cell phone to the victim.

The man is currently being held in the Sumter County jail with bail set at $19,000.

Law enforcement officers are trained to find child pornography files on the Internet. Additionally, they are able to determine who downloads these files from a computer’s IP address. Once law enforcement has detected where these downloads are coming from, they will obtain a search warrant and seize the computer as evidence.

Published on: November 25, 2013

Monroe County Criminal Defense Lawyer :: Man with Fake Pilot’s License Arrested in Florida Keys

by Whittel & Melton, LLC

A man with a fake pilot’s license was recently arrested in the Florida Keys.

According to authorities in the Florida Keys, the man was apparently flying customers in an unregistered plane.

The Marathon, Florida man allegedly showed investigators a fake pilot’s license and was advertising for customers on the social networking site Facebook.

Investigators noted that the light sport aircraft was “falling apart due to saltwater exposure.”

The man was charged with felony possession of an unregistered aircraft and felony operation of an aircraft in a careless or reckless manner. Additional charges could follow, according to police.

The man posted $10,000 bond Tuesday.

The Federal Aviation Administration is also investigating the matter.

Impersonating a licensed professional in Florida carries very serious consequences. A Monroe County Criminal Defense Lawyer at Whittel & Melton can help you achieve the best possible resolution for your case. Being charged with this type of offense usually results in a complex set of legal issues. As former prosecutors, we can investigate the details leading up to your arrest and identify any weaknesses or inconsistencies in the government’s case against you.

It is a felony in Florida for any person who is not licensed to practice a profession that requires a license certifying their qualifications or to pretend to be licensed to practice a profession that requires licensure. Such professions can include:

• Pilots
• Doctors
• Teachers
• Physicians
• Attorneys

Published on: November 22, 2013

Hernando County Criminal Defense Lawyer :: ‘Operation Safe Families’ Nets More than 400 Arrests

by Whittel & Melton, LLC

The Hernando County Sheriff’s Office recently released the results of a four-week operation designed to serve outstanding arrest warrants on people accused of domestic violence or failing to pay child support.

The task, dubbed “Operation Safe Families,” was conducted from Oct. 13 through Nov. 9. According to reports, it resulted in 403 arrests in the county.

Operation Safe Families took place with the National Family Violence Apprehension Detail initiative, a one-day national endeavor to serve outstanding family-violence warrants organized by the Clackamas County Sheriff’s Office in Oregon. Operation Safe Families was aimed at targeting those individuals that endanger the lives of their children and families in Florida.

At its conclusion, the operation yielded 59 arrests associated with possession of controlled substances, 29 arrests related to domestic violence, 25 arrests associated with nonpayment of child support, nine arrests on domestic violence injunctions and 92 arrests associated with other warrants and alleged criminal actions.

The Florida Department of Law Enforcement logged 108,046 domestic violence offenses that were reported to law enforcement agencies, according to the 2012 Uniform Crime Report. This same report indicated that 202 people died as a result of domestic violence, which represents about 20 percent of all homicides in Florida.

Domestic violence is defined as any threat or action aimed at a spouse, domestic partner, live-in companion or even another family member that causes the person to fear for his or her well-being. Domestic violence charges in the state of Florida can be classified as a misdemeanor or felony depending on the severity of the offense. If you are charged with this crime, you could face the following consequences:

• Jail Time
• Mandatory Counseling
• Community Service
• Anger Management
• A “No contact” order prohibiting you from seeing the alleged victim
• A “No return” order prohibiting you from returning to your home

Published on: November 21, 2013

Lee County Criminal Defense Attorney :: Florida Rep. Trey Radel Arrested on Cocaine Possession Charges

by Whittel & Melton, LLC

Republican U.S. Rep. Trey Radel of Fort Myers pleaded guilty to misdemeanor possession of cocaine on Wednesday morning. He also stated that he would be taking a leave of absence from his position to get treatment.

According to a Washington, D.C., court document, on Oct. 29, Radel “did unlawfully, knowingly, and intentionally possess a quantity of cocaine, a controlled substance.”

This misdemeanor drug charge carries a maximum sentence of 180 days in jail and or a fine of $1,000.

Radel, 37, was arrested after buying cocaine from an undercover law enforcement officer, according to a Drug Enforcement Administration official.

According to authorities and court documents, Radel and an acquaintance went to a restaurant in the Dupont Circle area of Washington and met a man on Oct. 29, who was an undercover police officer. Radel allegedly said he had cocaine at his apartment and invited the men to join him, but both apparently declined his offer.

The undercover officer apparently offered to sell Radel 3.5 grams of cocaine for $250. Radel allegedly paid $10 more for the drugs, for reasons the documents do not explain, and left with the cocaine.

Federal agents then approached Radel, and he dropped the drugs in the street.

Radel issued this statement in court Wednesday, “I apologize for what I’ve done. I think in life I’ve hit a bottom where I need help.”

Radel is a former TV anchor whose lawful name is Henry Jude Radel III. He was elected in 2012 to the seat Connie Mack IV had occupied before.

Former U.S. Rep. Mack issued this statement:

“This is undoubtedly a very difficult time for Trey and his family and I’m sure all of us in Southwest Florida are keeping them in our thoughts and prayers. It is important that we all appreciate the very personal nature of Trey’s situation and understand that it is premature to respond to or consider political questions at this time.”

Had Radel been arrested in Florida he would have faced a felony for this charge, which is punishable by up to five years in prison.

The war on drugs by state and federal agencies is nothing new, and those convicted of violating drug laws will undoubtedly be targeted by law enforcement officers and prosecutors alike, and usually punished to the fullest extent of the law in court. State and federal statutes ban the use, possession, distribution and manufacture of any and all illegal drugs. A person that is believed to take part in such illegal activities will be charged with a drug crime.

Published on: November 20, 2013

Lee County Criminal Defense Lawyer :: Two Men Arrested for Selling Synthetic Marijuana at Convenience Stores in Fort Myers

by Whittel & Melton, LLC

Two Fort Myers men were arrested at the end of last month and charged with selling synthetic marijuana at two convenience stores.

One of the men, 18, was charged with four counts of sale and possession of a synthetic narcotic after Fort Myers police claim he sold the illegal substance, commonly referred to as “spice,” to an undercover agent at a Sunoco convenience store.

The other man, 47, faces one count of sale and possession of a synthetic narcotic for allegedly selling to an undercover agent at the Super Stop Food Store. Police believe the man is in the country on an expired work visa. According to reports, a hold has been placed pending a federal hearing.

Police said they are looking for another suspect from another store that has yet to be arrested.

The arrest of these men follows an undercover sting that took place in early October that resulted in the seizure of more than $1 million in synthetic marijuana from stores across Lee County. That undercover drug bust led to the arrest of several store clerks.

The state of Florida has made the sale and use of synthetic marijuana products illegal for several reasons. While the ingredients found in synthetic marijuana, also known as K2 or Spice, are not made from actual cannabis leaves, these substances are used to produce the same effects as using marijuana. It can cause many of the same symptoms, but if used for a prolonged period of time, this drug can also cause acute psychosis. Other dangers associated with using this drug include an intensified likelihood of developing a chronic psychotic disorder.

Published on: November 18, 2013

Seminole County Criminal Defense Lawyer :: Four Women Arrested in Lake Mary Prostitution Bust

by Whittel & Melton, LLC

Four women were arrested last month in a prostitution sting at the La Quinta Hotel in Lake Mary.

Authorities claim the women were arrested after offering sex for hundreds of dollars at the hotel, which is located just off Interstate 4.

Undercover deputies apparently met the woman at the hotel after responding to ads listed on various websites, including Backpage.com and BodyRubList.com. The women allegedly agreed to perform sex acts for hundreds of dollars.

According to authorities, none of the women arrested live in Lake Mary.

The consequences related to a prostitution offense can be quite harsh, even if this is your first arrest. A first-time prostitution conviction can land you in county jail for up to 60 days. A second conviction can result in one year behind bars. A third or subsequent conviction for prostitution can carry up to five years in prison. Along with jail and/or prison time, a prostitution conviction can ruin your reputation, destroy your personal relationships and even restrict future career options.

If you have been arrested for a prostitution-related offense in Lake Mary, Oviedo, Altamonte Springs or the surrounding area, know that there is help available to you. A Seminole County Criminal Defense Attorney at Whittel & Melton can make sure you understand the charges against you and what can be done to defeat them. As former prosecutors, we are very familiar with the inner workings of undercover prostitution stings and are knowledgeable about the laws involving entrapment. We can review the State’s case against you and challenge evidence involving these undercover busts while pursuing the strongest defense for your prostitution charges.

Published on: November 15, 2013

Broward County Criminal Defense Lawyer :: School District Reaches Agreement to Reduce Student Arrests

by Whittel & Melton, LLC

Broward County Public Schools, one of the nation’s largest school districts, has reached an agreement with law enforcement agencies and the NAACP to reduce the number of students arrested and charged with minor criminal offenses.

The agreement brings district officials together with police and the state attorney’s office to create an alternative to the zero-tolerance policies that are customary in many schools. It places principals, rather than school resource officers, in charge of deciding how to deal with students that misbehave.

The agreement is designed to cut down on what has become known as the “school-to-prison pipeline,” where students accused of minor offenses, like disrupting class or loitering, are suspended, arrested and charged with crimes.

Broward County is the nation’s seventh largest district and had the highest number of school-related arrests in Florida in the 2011-2012 school year, according to state data. Of the 1,062 arrests made, 71 percent were for misdemeanor offenses.

In Broward County, minority students have been excessively arrested, sometimes for the same offenses that their white peers received only a warning for. According to U.S. Department of Education data, more than 70 percent of students nationwide involved in school-related arrests or law enforcement referrals are black or Hispanic.

The new policy creates a different set of guidelines for district officials and school resource officers to follow when a student misbehaves. For non-violent misdemeanors like trespassing, harassment, incidents related to alcohol, possession of a misdemeanor amount of marijuana and drug paraphernalia, administrators have been instructed to attempt to resolve the issues through other methods than just arresting the student. A slew of options, like participation in a week-long counseling program, are thought of as much better ways to address and correct the student’s behavior.

Additionally, the new policy states that no student would be arrested for a first non-violent misdemeanor. However, further offenses can result in graduated levels of school-based interventions. After a fifth incident, students will be referred to law enforcement.
Felonies or serious threats will immediately be referred to police.

The policy went into effect at the beginning of the current school year. Broward County has already seen a 41 percent decline in the number of school-related arrests since the policy took effect.

The NAACP hopes the policy will serve as a model for other districts nationwide.

If your son or daughter, niece or nephew or grandchild has been charged with a crime in Broward County, you may be wondering whether you should hire an attorney. For most juvenile crimes, it is in your child’s best interests to have a criminal defense lawyer in their corner to make sure their rights are protected. The consequences for a juvenile crime can be quite harsh, potentially leaving a permanent stain on a child’s criminal record and even affecting future employment or educational opportunities. Depending on the age of your child, he or she could be charged as an adult for certain crimes.

The most common juvenile offenses include the following:

• Juvenile Drug Crimes

• Underage DUI
• Juvenile Theft Crimes
• Juvenile Sex Crimes
• Juvenile Violent Offenses
• Juvenile Alcohol Crimes