Criminal

Published on: November 12, 2013

Lee and Charlotte County Criminal Defense Lawyer :: Five Arrested in SWFL Clinic Fraud Sweep

by Whittel & Melton, LLC

Five people working at clinics in Fort Myers and Port Charlotte were arrested after police concluded an investigation into alleged false personal injury claims at these facilities.

The arrests included clinic owners, massage therapists and chiropractors who have been charged with patient brokering and solicitation in support of what police call a large school personal injury protection fraud ring.

The investigation was conducted by the Florida Department of Financial Services’ Division in partnership with Nationwide Insurance Company. It was apparently discovered that employees at rehab centers in Fort Myers and Port Charlotte were advising patients to sign documents for rehabilitation services for injuries that occurred during auto accidents.

The clinics are accused of billing insurance companies for treatments that apparently never occurred. The investigation allegedly uncovered that the Port Charlotte facility was operating without the proper license.

A 31-year-old receptionist, a 52-year-old massage therapist, a 51-year-old facilitator, a 51-year-odl clinic owner and a 63-year-old chiropractor were all taken into custody.

The department’s investigation was also led by the Lee and Charlotte County Sheriff’s offices. The suspects were booked into either the Charlotte County Jail or the Lee County Jail.

According to police, the suspects are awaiting bond. If convicted, they each face up to five years in prison.

There are many different types of insurance fraud or insurance crimes that a persona can be accused of. Essentially, insurance fraud is the crime of providing false information to an insurance company about a claim so that the company will agree to cover any costs related to losses or damages.

Published on: November 11, 2013

Pinellas County Criminal Defense Attorney :: Dunedin Chef Accused of “Training” 3-Year-Old for Sex

by Whittel & Melton, LLC

FBI agents have charged a Pinellas County chef with federal child pornography charges after he allegedly admitted he made sexually explicit videos of a 3-year-old girl he was babysitting.

The 27-year-old Dunedin man apparently sent online chat messages under his name that graphically describe “training” a 3-year-old to perform a sex act, according to authorities.

The man was arrested late Tuesday after the FBI searched his home.

According to an FBI special agent, the man admitted to the production, transportation, receipt and possession of child pornography. He also claims the man confessed to storing the images on two cellphones and a laptop computer.

A criminal complaint against the man alleges that he shared his own productions on the Internet so that he could gain access to other people’s pornography.

“He admitted that these images and other child pornography images he had downloaded and possessed were sexually gratifying to him,” according to the agent’s report.

The man was held in the Pinellas County Jail, pending a bond hearing Friday in U.S. District Court in Tampa.

Federal law prohibits the possession, production, receipt, transportation and distribution of images that depict minors in sexual situations. The potential punishments for a conviction of these crimes are usually quite severe, including up to decades behind bars, massive fines, registration as a sexual offender and a lifetime of public stigma.

Published on: November 9, 2013

Hardee County Criminal Defense Lawyer :: Hardee County Sheriff’s Brother Accused of Sexually Abusing Young Girl

by Whittel & Melton, LLC

The brother of the Hardee County sheriff has recently been charged with sexually abusing a young girl six years ago.

The 62-year-old Zolfo Springs man was arrested Wednesday during a joint investigation by the Hardee County Sheriff’s Office and the Florida Department of Law Enforcement.

According to the sheriff’s office, the investigation began on Oct. 30 after the chief deputy discovered that the man may have had inappropriate conduct several years ago with a girl who was approximately 5 or 6 years old.

The chief deputy contacted FDLE agents on Nov. 1 after allegedly confirming the “strong
possibility” that the abuse had occurred.
Investigators claim that the man ultimately admitted to the allegations and was arrested.

The man is now facing charges of attempted sexual battery under the age of 12 and lewd and lascivious behavior.

He is currently being held without bond at the Hardee County Jail.

Officials said the sheriff requested that the investigation into the allegations be handled “without bias” and to handle the case by the book.

Sexual battery is classified as a felony in Florida and is considered to be one of the most heinous types of crimes. Also known as sexual abuse, sexual battery is most commonly referred to as rape. If you have been charged with rape or attempted rape, it is vital to obtain legal help from a criminal defense lawyer as soon as possible, before making any statements to law enforcement or the prosecution.

Published on: November 8, 2013

Volusia County Criminal Defense Lawyer :: Daytona Beach Family of Five Accused of Living with Decomposing Body and Cashing in on Dead Woman’s Benefits

by Whittel & Melton, LLC

The parents of three children living in Daytona Beach were arrested last week after police allegedly discovered the family was living in a dead woman’s house. In fact, police claim the woman’s body was decomposing in a bedroom.

Police conducted a well-being check at the Holly Hill home after they were contacted by the Department of Children and Families who had not been in touch with the owner of the home since early September.

Police officers apparently forced their way into the home and found the body of a woman, believed to be a 33-year-old woman who had spina bfida and was wheelchair-bound.

According to the Holly Hill police chief, the smell was so bad “you could smell it from 150 feet away.”

Police claim they found a 38-year-old man and a 32-year-old woman living across the hall with their 4-year-old child. The couple had apparently been living with the deceased on and off for years.

They were apparently living in the home with the decomposing body along with their other two children, ages 6 and 11, who were at school when police arrived at the home.

In addition to the dead body, police claim they also found dog feces and urine in the home and evidence of drug abuse in the form of bath salts.

Both parents allegedly admitted that they had been cashing in the dead woman’s food stamps and Social Security benefits. However, they claim they were unaware the woman had died and assumed she left the home.

Both were arrested on charges of child neglect and failure to report a death to the medical examiner. The man is also being charged with theft of utility services as well and is accused of illegally connected electrical and water service on the residence when it had been cut off.

The couple’s three children are now in protective custody.

Police have viewed the woman’s death as suspicious and ordered an autopsy and toxicology report last week.

Published on: November 7, 2013

Broward County Criminal Defense Lawyer :: Broward Judge Charged with DUI

by Whittel & Melton, LLC

A veteran Broward County circuit judge has been charged with driving under the influence after her car was allegedly seen by police driving erratically and nearly hitting another vehicle in Boca Raton.

According to a Boca Raton police report, the woman was pulled over along the 2400 block of West Palmetto Park Road around 10 p.m. Tuesday.

The report alleges that police were called earlier in the evening police about the same vehicle, a white Mercedes-Benz, after someone witnessed the car driving erratically near 49 Northeast Second Street.

A Boca Raton police officer wrote in his report that he observed that the woman’s eyes were red and glassy, her speech was slow and slurred and that her face was red and flush. He also said he detected a strong odor of alcohol coming from her breath.

When the woman was asked if she knew why police stopped her, she apparently mentioned that her vehicle had been weaving.

She was placed under arrest just after 11 p.m. and reports indicate that she refused to take a breath test.

The woman was booked into jail around 1:30 a.m. and released shortly after 7 a.m. Wednesday.

Whether or not this woman’s DUI arrest will affect her role on the bench remains unclear at this time.

The Broward chief judge said there are no exact rules set forth in how to handle a judge involved in a situation like this.

The woman was first appointed to the bench in Broward County by then-Governor Jeb Bush in 2003 and has since handled a number of high-profile cases.

This case goes to show that anyone can be arrested for DUI. Everyone makes mistakes, and that includes police officers and even judges. Fortunately, if you are arrested for a first-time DUI the charge will likely be a misdemeanor, unless there are aggravating circumstances.

Published on: November 4, 2013

Florida Federal Criminal Defense Lawyer :: 89-Year-Old Apopka Lily Nursery Owner Pleads Guilty to Transporting Cocaine in Detroit

by Whittel & Melton, LLC

An 89-year-old Indiana man and the owner of an Apopka lily nursery pleaded guilty Tuesday in Detroit to transporting more than 1,400 pounds of cocaine to Michigan between 2009 and 2011.

The Michigan City, Ind., man is one of the oldest criminal defendants in Detroit’s federal court. He told the court that he had never committed a crime before and that he worked for drug dealers because he needed money.

The man was 87 in 2011 when a Michigan state trooper pulled his pickup truck over on Interstate 94, just west of Detroit. According to the trooper, the man was upset about what he would find in his truck and said, “Just kill me and let me leave this planet.”

The man told a U.S. District judge that he was aware he was transporting cocaine.

Due to the man’s age, prosecutors are showing leniency by recommending a five-year prison sentence. This is a huge break since the sentencing guidelines call for a minimum of 14 years.

The man’s defense attorney said he will request that the man serve less than five years at the man’s next court date on Feb. 11.

The man apparently owes $500,000 as part of the plea deal and has agreed to give up his lily nursery in Apopka, Fla. Reports indicate he will be allowed to keep his Indiana home.

Published on: October 31, 2013

Brevard County Criminal Defense Lawyer :: Two Men Arrested in Child-Trafficking Scheme in Palm Bay

by Whittel & Melton, LLC

Police have arrested two Orlando men accused of packing 24 children younger than 18 into a van and forcing them to work in Palm Bay.

Palm Bay police claim the children were dropped off in Palm Bay and forced to spend more than 10 hours selling cheap items door-to-door.

According to a spokeswoman for the Palm Bay Police Department, the children were brought over from Orlando and were told the only way they could get food or water was to sell.

On Monday, the 39-year-old river of the van and owner of an Orlando-based group called Teens Against Drugs and Alcohol and a 20-year-old man faced a judge on 24 counts each of human trafficking.

A Brevard judge ordered both men to be held on a $5.6 million bond each at the Brevard County Jail Complex.

Both men were also charged with 24 counts of child abuse and eight counts each of employing a minor child, reports show. The case will be sent to the Brevard County state attorney’s office, and prosecutors will decide whether or not to press formal charges.

The men were arrested Friday after Palm Bay police received a message from a Department of Children and Families agent that underage children were seen roaming Palm Bay streets selling cheap goods.

The children were picked up by police and turned over to their parents.

Human trafficking often involves forcing vulnerable individuals into unpaid labor or other services. If you have been charged with human trafficking, labor trafficking, sex trafficking or child trafficking, you need to contact a criminal defense lawyer as soon as possible to protect your rights and to begin establishing your defense. Human trafficking is one of the fastest growing crimes throughout the United States and prosecutors will fight for maximum sentences in these cases.

Published on: October 28, 2013

Charlotte County Criminal Defense Lawyer :: Punta Gorda Woman Accused of Sexual Battery

by Whittel & Melton, LLC

A Punta Gorda woman was arrested Sunday night on sexual battery charges after an alleged altercation in Port Charlotte from which she tried to escape by hiding in the trunk of a car.

Detectives arrested the 34-year-old woman on charges of Sexual Battery, Felony Battery by Strangulation and Resisting Arrest without Violence.

Reports indicate that deputies were called to a location in Port Charlotte just before 10 p.m. Thursday for a disturbance.

One of the responding deputies apparently got close to the area when he was passed by a vehicle speeding away without any headlights. He stopped the vehicle and the driver allegedly told him that the woman was hiding in the trunk. Reports indicate they opened the trunk and found the woman with blood on her.

Several witnesses apparently told deputies that they heard yelling and screaming coming from a nearby residence.

According to deputies, the victim claims the woman arrived at her home earlier in the evening and had become violent with her. The alleged victim was apparently hit, choked and sexually battered by the woman with an inanimate object.

The victim was taken to a local hospital where she was treated for any injuries. Police claim evidence was found that backs up her account of what happened.

Detectives report that the woman kicked an interview room door and attempted to pull away while being handcuffed when police told her she was being arrested.

She was subdued and taken to the Charlotte County Jail on a $57,000 bond.

Sexual battery charges are quite serious and can be some of the most difficult cases to resolve. In many cases, there is often very little evidence that proves a crime actually occurred. These cases usually come down to one person’s word against the other, and unfortunately the court tends to side with the victim. While sexual battery charges carry very severe consequences, a Port Charlotte Criminal Defense Lawyer at Whittel & Melton can help you seek a positive outcome. In most sex crimes cases, a strong defense can actually result in reduced charges, reduced penalties or even a complete dismissal of all charges stacked against you. Even if you are under the impression that the evidence against you is overwhelming, a powerful defense can minimize the consequences that you receive.

Published on: October 25, 2013

Volusia County Criminal Defense Lawyer :: Deputy Arrested for DUI had Child in Car at Time of Arrest

by Whittel & Melton, LLC

A Volusia County deputy sheriff who was arrested Saturday night on a DUI charge will also face a child-neglect charge because a 7-year-old girl was apparently in the patrol car with her.

The 37-year-old woman has been placed on administrative leave with pay, according to the Sheriff’s Office.

She was off duty at the time of her arrest, but driving her patrol car, the Sheriff’s Office said Sunday.

The woman has been with the agency since 1999 and works at the Volusia County Courthouse Annex in Daytona Beach.

No further information has been released at this point.

The consequences of a DUI charge alone can result in jail time, stiff fines and the loss of your driver’s license. Having a minor in your car with you when you are stopped by law enforcement can tack on additional penalties, including child neglect and child endangerment charges. These charges are counted as separate offenses from a DUI charge, meaning that the combined penalties could result in longer time behind bars and increased fines.

DUI cases involving minors travelling as passengers in the car are highly emotional and require the help of a DUI defense attorney who can apply a powerful defense based off the facts and not what the prosecution speculates. When faced with child neglect charges stemming from a DUI, you must protect your rights starting from your arrest all the way through the conclusion of your case. A Volusia County DUI Defense Attorney at Whittel & Melton can help you pursue a positive outcome that you can live with. As trial attorneys and former prosecutors, we fully understand how the State builds its case against those charged with DUI and child neglect. We are available 24/7 to discuss your case with you and make sure you understand what can be done to defeat the serious charges against you.

Published on: October 24, 2013

Orange County Criminal Defense Lawyer :: Ocoee Ex-Commissioner Accused of Selling Counterfeit Body Armor

by Whittel & Melton, LLC

On Monday, a former Ocoee city commissioner and local business owner, was arrested on fraud and counterfeiting charges for leading a scheme to sell fake bulletproof vests.

Two of the man’s employees were also arrested and charged with fraud and counterfeiting.

Florida Department of Law Enforcement officials claim counterfeit bulletproof vests have been sold online and at gun shows throughout the state by the man’s Ocoee-based business.

Fake body armor is usually pieced together with duct tape using old body armor pieces.

Agents allege the vests the man was selling could not stop a bullet. They claim the man placed fake brand-name labels on body armor manufactured at his Ocoee warehouse and sold the items online and at gun shows across the state.

According to agents, the company had its own special line of body armor that when tested, “every round went through it.”

Agents allege that the man has been selling these counterfeit vests for around two years.
FDLE’s investigation started in August after someone purchased one of the man’s vests at a gun show in West Palm Beach. While the label on the vest did bear the name of a reputable brand, the purchaser was suspicious and took the vest to the manufacturer to confirm the item’s authenticity, according to agents.

The company apparently confirmed the item was counterfeit and notified FDLE.

FDLE agents raided the former commissioner’s facility on South Cumberland Avenue in early September. Agents allegedly found counterfeit body armor affixed with phony labels from various companies. They claim employees were sewing old pieces of body armor together, sometimes using duct tape, in order to create products that looked brand new.

It is unclear at this time how many alleged counterfeit vests were sold, but agents estimated 10 to 15 a weekend could have been sold at gun shows. The items sold for $600 to $900 each.

The 57-year-old former commissioner and one of his employees were booked into the
Orange County Jail on Monday and released after posting bail. If convicted of fraud and counterfeiting, the pair could face up to 10 years in prison per count.

The man’s other employee that was arrested is currently being held in the Pinellas County Jail on unrelated federal gun charges out of Tampa. He is accused of selling unregistered weapons, including a machine gun. Reports indicate he was indicted in August and arrested last month.