Criminal

Published on: October 7, 2013

Florida Criminal Defense Lawyer :: 11 Arrested for Manufacturing Synthetic Cannabis

by Whittel & Melton, LLC

In a joint effort with the state’s Division of Alcoholic Beverages and Tobacco, the Flagler County Sheriff’s Office shut down synthetic marijuana labs in St. Johns and Flagler counties last month.

The drug is commonly referred to on the street as “Spice.”

A total of 11 people were arrested on charges of sale of a controlled substance. Of the 11 arrested, 5 were charged with breaking the state’s racketeering laws. According to the Sheriff’s Office, seven of those charged were from St. Augustine, one was from Jacksonville, another was from Bunnell and one lived in Dothan, Alabama.

The seven-month investigation dubbed “Operation Bad Dreamer” ended when about 80 law enforcement officers busted 11 locations across St. Johns and Flagler Counties, allegedly seizing $70,000 and about 370 pounds of “product.”

The term drug manufacturing refers to creating drugs using alternative means other than growing. In most cases, drug manufacturing charges involve methamphetamine, LSD and most recently, synthetic marijuana, often referred to as Spice and K2. Drug cultivation is similar to drug manufacturing charges, but refers to growing, planting or harvesting drugs.

As this case shows, drug manufacturing cases often involve large-scale operations, many defendants and can cross county and even state lines. When facing charges stemming from manufacturing synthetic cannabis, Ketamine, PCP, heroin, GBL, derivatives of GHB or bath salts, you should take these seriously as a conviction could affect all aspects of your life making it difficult to apply to college, obtain a job or sustain a professional license in the future. As the laws regarding these newer synthetic and designer drugs become more defined, you can be sure that the prosecution will keep seeking harsher sentences.

Published on: October 5, 2013

Marion County Criminal Defense Lawyer :: Deputies Arrest Man Accused of Stealing Clothes from Walmart Dressed as a Woman

by Whittel & Melton, LLC

Deputies arrested a man apparently wearing lipstick and dressed as a woman after he allegedly attempted to steal clothes from a Marion County Walmart last month.

Deputies claim the man began removing tags off items and placed them into a purse that was stolen from the store.

Reports indicate that the man did try and check out from the store, but apparently only tried to buy a frozen dinner and not any merchandise. Employees reported the alleged theft.

According to the Marion County Sheriff’s Office, the man had about $800 in his wallet.

The man was arrested and booked into jail.

When you are arrested for shoplifting from a retail store, this can be an embarrassing experience. You will likely have to explain your actions to your friends and family members, which can be difficult to do. A Marion County Criminal Defense Lawyer at Whittel & Melton can help you through this difficult time and provide you with a solid defense against theft charges. We know how theft cases work, and realize that these cases often boil down to simple misunderstandings. Regardless of the details surrounding your arrest, we can mount a solid defense and seek a favorable resolution on your behalf.

Shoplifting laws in Florida are designed to protect store owners from lost merchandise. How these crimes are prosecuted varies depending on the cost of the items taken. Theft crimes are broken down into two categories: petty theft, a misdemeanor, and grand theft, a felony. If the amount of merchandise taken is $100 or less, second-degree petty theft charges will likely be filed. If the amount is between $100 and $300, this is classified as first-degree petty theft. If the amount is between $300 and $5,000, third-degree grand theft charges will be filed. A charge of this nature carries up to five years in prison. First-degree grand theft involves stealing more than $100,000 and carries consequences of up to 30 years in prison.

Published on: October 4, 2013

Hillsborough County Criminal Defense Attorney :: Tampa Detective Accused of Stealing Money Orders from Evidence Room

by Whittel & Melton, LLC

It is always interesting when a law enforcement officer is arrested, especially when it is by the agency that they work for. In a strange case, a Tampa Police detective has been arrested and charged with grand theft after she allegedly stole $1,900 worth of money orders from the Tampa Police Department’s evidence room in December of 2011.

According to Tampa Police Chief Jane Castor, the female detective deposited the money into her personal checking account.

The money orders had apparently been seized as part of a tax fraud investigation.
Castor learned about the theft from the IRS last month.

The detective was arrested and booked into the Hillsborough County Jail.
According to Castor, the woman had been with the department since 1986 and had a “stellar” career.

Detectives are currently reviewing every transaction the woman ever had with the evidence room.

Grand theft charges can be filed against any person at any given time. In some cases, these are simple misunderstandings or even a matter of misidentification. Whatever the reason a charge has been filed, it is important to have a Hillsborough County Criminal Defense Lawyer at Whittel & Melton by your side to make sure your rights are protected.

An arrest is simply the first step in the long criminal justice process for defendants. While an arrest should be taken seriously, this is far from a conviction. Typically in theft cases and all other criminal matters, we only hear law enforcement’s version of events in news stories. Once the case progresses, more facts come out and we start to see another side of the story. Eye witness accounts may be found to be inaccurate and certain pieces of critical evidence may have been obtained using questionable tactics. There are many doubts that can be cast in these types of cases that can lead to charges being reduced or dismissed entirely.

Published on: October 3, 2013

Clay County Criminal Defense Attorney :: YMCA Employee Accused of Receiving Child Porn via Internet

by Whittel & Melton, LLC

A 57-year-old Clay County man who taught sports part-time to children at a Clay County YMCA was arrested last month on a federal charge of receiving child pornography over the Internet, according to the U.S. Attorney’s Office.

According to a statement from a YMCA spokesman, the man has been suspended indefinitely from his job as a gymnasium monitor. His duties consisted of officiating sports games from time to time. He has been at the facility since 2005.

The YMCA claims a background check was conducted on the man as well as thorough screenings into any criminal history. No suspicious criminal activity was every found and no reports of mistrustful activity was ever mentioned during his years as a Y employee, according to the YMCA.

Authorities executed a federal search warrant at the man’s home where they allegedly found child porn on his computer. He apparently told investigators a file-sharing program had been used to download and share the images.

In recent years, federal investigators have started to seriously crack down on child pornography. In an effort to catch as many alleged distributors of child porn as possible, it is common for federal law enforcement agents to pose online in chat rooms and other web sites as suppliers and drum up conversations with unsuspecting individuals to see if they are interested in sending or receiving child porn via a file sharing program or through email.

Published on: October 2, 2013

Hardee County Criminal Defense Attorney :: Hardee Junior High Teacher Arrested for Smoking Pot on Campus

by Whittel & Melton, LLC

Anytime a public or private school teacher is arrested for a criminal offense, such as a drug crime, he or she could face consequences that not only affect their personal life, but their future careers in education as well. A Hardee County Criminal Defense Lawyer at Whittel & Melton can help all certified educators fight any criminal charge in Bowling Green, Wauchula, Zolfo Springs and the surrounding areas.

Recently, a Hardee County Junior High teacher was arrested after she was allegedly caught smoking marijuana on campus.

According to a Hardee County Sheriff’s report, an anonymous tipster clued officials in that the 26-year-old teacher had marijuana inside her car that was parked at the school.

A K9 narcotics dog was brought to the parking lot and apparently sniffed out the scent and led detectives to the woman’s car. A search of her vehicle allegedly revealed marijuana and drug paraphernalia.

According to deputies, she was arrested at the school and transported to the Hardee County Jail.

The most common criminal charges filed against teachers and educators in Hardee County include:

• Possession of Marijuana
• Driving Under the Influence (DUI)
• Driving on a Suspended License (DWLS)
• Petit Theft
• Disorderly Conduct
• Domestic Violence
• Battery
• Resisting an Officer without Violence
If you are a teacher or certified educator that has been arrested for a crime in Hardee County, the Florida Department of Education will send you written notice of a preliminary investigation once a case has been opened against you. This letter will explain the criminal allegations against you, whether charges were filed and the date the alleged criminal misconduct occurred. Additionally, the letter will explain that if the allegations are substantiated disciplinary action could be taken. This could mean permanent revocation of your teaching certificate. However, there are certain steps that you can take during the preliminary investigation phase that can help you combat any allegations of misconduct.

Published on: October 1, 2013

Sarasota County Criminal Defense Attorney :: More than 60 People Arrested in Prescription Drug Fraud Ring

by Whittel & Melton, LLC

The Sarasota County Sheriff’s Office has arrested more than 60 people, including the alleged ringleader, in one of the largest and most complex prescription drug fraud rings in Sarasota County to date.

The alleged leader, 35, was recently charged with conspiracy to traffic controlled substances as part of the Sarasota County Sheriff’s Office’s Operation Main Pain. The others arrested were charged with obtaining and trafficking controlled substances.

The man, who is currently in jail in Dade County on unrelated charges, is accused of running a large drug crime ring in 2011, according to Sheriff’s Office.

Detectives allege that from June to October that year, the man wrote approximately 220 prescriptions that were exchanged for nearly 20,000 oxycodone pills at local pharmacies primarily in Sarasota and Venice.

There were 91 oxycodone overdose deaths reported in 2011, according to Sgt. Debra Kaspar, head of the Pharmaceutical Diversion Unit.

The man is accused of recruiting people to work beneath him and locate runners, predominately of Cuban descent, who were paid for their personal information or to drive people to the different pharmacies to pick up prescriptions. According to the arrest report, those that gave their permission to use their personal information on prescriptions were paid $100 to $300. The others that drove people to the pharmacies to pick up oxycodone, ibuprofen or Xanax pills were paid up to $2,000 per week. All transactions were paid in cash.

The recruiters allegedly gathered the pills from the runners and gave them to the accused ringleader.

The pills had a street value of $300,000, according to the Sheriff’s Office.

Detectives claim that the alleged ringleader was selling the drugs to drug dealers, who would then sell them or send them off to other locations.

The sudden flood of prescriptions apparently came to a halt a few months after one of the alleged ringleader’s recruits was arrested.

Arrests have been ongoing since 2011, with some of the most recent arrests occurring last week. Detectives claim there are several warrants that are still active.

Two of the pharmacies involved apparently filled more than 200 of the fraudulent prescriptions in the short time period. Three other pharmacies involved filled 10 prescriptions total.

The Sarasota County Sheriff’s Office says it works to educate pharmacies to notice red flags. Detectives claim the pharmacies should have noticed something suspicious when so many related prescriptions were being brought in by similar customers from the same doctor.

However, the pharmacies apparently never notified authorities.

Obtaining a Controlled Substance by Fraud, also known as “Doctor Shopping” has become a trending criminal offense in Sarasota County and throughout the state of Florida. With the ever increasing amounts of suspected prescription drug abuse, police officers are placed under a tremendous amount of pressure to locate any alleged offenders as well as the pharmacies filling these prescriptions. In fact, tracking systems have been developed to monitor patient’s medical records and pharmacy histories. While these electronic databases help law enforcement maintain tabs on the amount of prescriptions being prescribed and filled, they place doctors and patients at risk for being charged with a prescription drug crime, even if the prescription is valid.

Published on: September 28, 2013

Gilchrist County Criminal Defense Attorney :: Gilchrist Sex Offender Arrested on New Accusations

by Whittel & Melton, LLC

A Gilchrist County man with previous conviction of sex offenses was arrested last month after accusations were brought to light that he victimized a child, according to the Gilchrist County Sheriff’s Office.

The 49-year-old man was arrested on one count of sexual battery, two counts of unnatural and lascivious conduct and three counts of lewd and lascivious molestation, according to a news release.

Deputies apparently went to an undisclosed location after a call was placed requesting service. Investigators claim they determined that several offenses involving a juvenile victim had been committed by the accused and arrested the man without incident.

The accused was convicted of sexual offenses involving a child in 1994 in Pasco County, according to the Florida Department of Law Enforcement database. He served time in state prison from March 1994 to December 1997.

A conviction for a sex crime can seriously impact a person’s life. Not only can this send you to prison for a substantial period of time, but it can also result in substantial fines and a criminal record. Moreover, registered sex offenders must face the social stigma that comes along with being convicted of a sex crime, which often prevents them from leading a normal life.

If you or someone you care for is currently facing sex crimes charges, it is crucial to take swift action and contact a Gilchrist County Criminal Defense Lawyer at Whittel & Melton. Our team of dedicated criminal attorneys can make sure your rights are protected and that you receive a fair trial. Much of the State’s evidence presented in a sex crimes case are testimonies and statements from the victim, which in many cases is fabricated or exaggerated. In a majority of cases, DNA or physical evidence is not available, which opens the door for us to effectively argue your case and safeguard your future.

Published on: September 26, 2013

South Florida Criminal Defense Lawyer :: Broward County Court Bailiff Charged with Armed Kidnapping, Sexual Battery

by Whittel & Melton, LLC

A Broward County court bailiff made his first appearance in court Wednesday after being charged with armed kidnapping, two counts of sexual battery and aggravated assault with a firearm.

Details of the case involving the 62-year-old man were not discussed during the bond court hearing. However, a prosecutor did note that the charges involve a “high level of violence.”

The hearing has been postponed until Thursday so that the man’s attorney can attend.
The Broward judge asked the man if he wanted a different judge since he is a familiar face in his court. However, the man declined a different judge.

The Plantation Police Department has yet to release an official copy of the arrest report.

The man was booked into the St. Lucie County jail at 2 a.m. Tuesday. In his initial court appearance, he explained that he has children and grandchildren in Port St. Lucie.

A judge in St. Lucie County ordered the man held without bail, and on Tuesday afternoon, he was transferred by bus to Broward County.
Sheriff’s officials claim they have opened an internal affairs investigation but have yet to
determine the man’s job status.

The accused has been a bailiff for the Broward County Sheriff’s Office since 1999.
While the details surrounding this man’s arrest are unknown at this point, the charges he faces are quite severe. An armed kidnapping charge is classified as a first-degree felony punishable by up to life imprisonment. Sexual battery and aggravated assault with a firearm are also felony charges in Florida. Punishments for these crimes vary based on the evidence brought forth by prosecutors.

If you or someone you love is facing serious criminal charges in South Florida, you must immediately seek assistance from an experienced criminal defense attorney. A Broward County Criminal Defense Lawyer can help guide you through the legal process, clarify your options, and assemble the most robust possible defense on your behalf.

Published on: September 23, 2013

Clay County Criminal Defense Lawyer :: Jury Convicts Clay County Man in Child Sex Sting

by Whittel & Melton, LLC

After a four-hour long jury deliberation, a Clay County man was found guilty of arranging to meet a child for sex by an Alachua County jury on Sept. 13.

According to the 8th Circuit State Attorney’s Office, the 33-year-old man was arrested last year as part of an undercover sting investigation.

The man will be sentenced on Oct. 28.

The man was arrested in February 2012 during a sting operation where the Alachua County Sheriff’s Office posted an advertisement on Craigslist offering sex with a juvenile.
He was charged with soliciting a minor for unlawful sex using computer services or devices, improper use of computer services and traveling to meet a minor.

Internet solicitation charges between an adult and minor are viewed as a very serious offense throughout the state of Florida. The government has made it quite clear that an undercover detective posing as a juvenile online is not entrapment, and for every solicitation made, you could be slapped with a third-degree felony. This means that you could be facing five years in prison for every solicitation made. Additionally, Florida legislature has specific laws and punishments for adults who meet with minors after a solicitation has occurred. Any adult that travels to meet a minor for the purposes of engaging in sexual activity can be charged with a second-degree felony punishable by up to 15 years behind bars.

While Internet sex crimes are all fact specific, understand that any and all sex crime allegations are serious. One simple accusation can dramatically affect your reputation, relationships and possibly your freedom. If you have been accused of any type of sex crime in Orange Park, Green Cove Springs, Middleburg, Keystone Heights or the surrounding area, you need the help of a Clay county Criminal Defense Lawyer at Whittel & Melton who can protect your reputation and work to minimize the potential punishment. As trial attorneys, we are here to help you understand what to expect should you face a sex crime charge or conviction.

Published on: September 14, 2013

Okeechobee County Criminal Defense Lawyer :: Okeechobee Man Accused of Possessing Moonshine Still

by Whittel & Melton, LLC

A 49-year-old Okeechobee man was arrested last month after he reportedly sold a working moonshine still to an agent with the state’s Division of Alcoholic Beverages and Tobacco for $250.

The man was arrested on a felony charge of possession of a still/still piping/still apparatus. He was booked into the Okeechobee County Jail then released after his first court appearance.

According to an arrest report, the man was trying to sell the still on Craig’s List. The agent apparently arranged a meeting with the man and agreed to buy the still for $250 when the two men met.

Once the money was exchanged, the man was placed under arrest.

The report indicates that the man had made moonshine in the still and that it still contained the odor once sold to the agent.

According to the Florida Department of Business and Professional Regulation, the ABT has recorded 54 illicit distillery cases that resulted in 15 arrests since 2002. This number includes this man’s arrest. Three of the 15 cases were made in Miami, another three were made in West Palm Beach, two were made in Panama City and one each was made in in Fort Lauderdale, Fort Myers, Okeechobee, Gainesville, Jacksonville, Ocala and Orlando.

The man will have to appear in circuit court on Wednesday, Sept. 25, according to reports.

It is estimated by the Florida Department of Business and Professional Regulation that the street value for a gallon of moonshine ranges from $100 to $150, and jars range from $20 to $40.

It is considered illegal for any person in the state of Florida to be in possession of any still or apparatus designed or intended to be used in the manufacture of an alcoholic beverage. Additionally, it is also unlawful to possess any mash, wort, wash or other fermented liquids that can be used to manufacture an alcoholic beverage. However, it is perfectly legal for alcohol enthusiasts to craft their own beer and wine, as long as the maker is of legal drinking age and that the amount of the beverage does not exceed the limits enforced by state laws.