Criminal

Published on: June 12, 2013

Broward County Criminal Defense Lawyer :: Ex-Miramar Police Captain Sentenced to 4 Years for Ordering 15-Year-Old Girl to Expose Genitals

by Whittel & Melton, LLC

A 47-year-old former Miramar police captain convicted of lewd and lascivious conduct for forcing a teenage girl to strip naked in a car to prove she wasn’t having sex with her 19-year-old boyfriend was sentenced to four years in prison Friday.

A Broward Circuit Judge later set a $30,000 bond so that the ex-cop could be out of jail while his attorneys appealed his conviction. The man retired a month after his June 2012 arrest. He is ordered to remain under house arrest during his appeal, unable to get a job or leave his home. He is allowed no contact with minors, except for his own teenage stepchildren.

In addition to the prison sentence, the man has been ordered to serve five years of probation as a sex offender following his release.

The judge reprimanded the man before delivering the sentence, claiming he abused his authority as a police officer in order to gape at the exposed body of a 15-year-old girl.

A jury found the man guilty of one count of lewd and lascivious conduct last month.
The ex-police officer apparently approached the girl and her 19-year-old boyfriend as they were making out in a parked car at the Fountains of Miramar on Dykes Road on June 18, 2012. The girl and her boyfriend testified that the man told her to show her genitals and used a flashlight to gawk at her bare body. Broward jurors acquitted the man of another count that accused him of directing the girl to expose her breasts.

The man’s defense lawyers argued several key points, including that the incident took place in the middle of the afternoon, that it was never clear whether the accused was the officer involved and that the girl and her boyfriend invented the entire story to cover up their illegal relationship. The boyfriend received immunity from statutory rape charges in exchange for his testimony against the ex-officer.

Jurors sided with the couple’s account of the incident.

Family members and supporters of the former police captain gathered into the courtroom on Friday hoping the man would receive a lenient sentence. He faced a maximum of 15 years in prison.

The man’s appeal is pending.

Published on: May 29, 2013

Palm Beach County Criminal Defense Attorney :: Former New Jersey Lawyer Sentenced to 24 Years in Prison for Multi-Million Dollar Kidnapping Scheme

by Whittel & Melton, LLC

A federal judge sentenced a 51-year-old Palm Beach Gardens resident and former New Jersey lawyer to more than 24 years in federal prison Tuesday for his involvement in a foiled kidnap plot of a wealthy Palm Beach County businessman for a $20 million ransom.

The man believed the elderly victim was engineering private high-stakes poker games which had personally cost him more than $100,000.

Prosecutors played secretly recorded tapes of the man, for the first time in public, threatening what he believed was the elderly victim’s wife with terrible violence if she didn’t meet his demands.

The man was unaware that the woman he was threatening was an undercover FBI agent posing as the victim’s wife.

While the man pleaded guilty to kidnapping conspiracy, prosecutors believe the case could have ended tragically if witnesses had not tipped off the FBI.

The Palm Beach Gardens man apparently planned the crime for 18 months with a 37-year-old Jupiter man, who pleaded guilty to his role and is serving a little more than 10 years in prison.

The FBI became involved with the kidnapping plan after the former lawyer confided in his girlfriend. She introduced him to her friend who allegedly had ties to Russian mobsters. After meeting with the man, the girlfriend and the friend reported the man to the FBI. Undercover agents were introduced to the former attorney, who had no clue he had been fooled until he was arrested.

The man was sentenced Tuesday on the eve of the anniversary of his May 29, 2012, arrest in the parking lot of a home improvement store in Palm Beach County where he thought he was showing up to receive a $12 million ransom. This amount was negotiated down from the initial demand of $20 million.

Published on: January 24, 2013

Florida Criminal Defense Lawyer :: Voice of Charlie Brown Arrested for Stalking

by Whittel & Melton, LLC

A 56-year-old former child actor and voice of Charlie Brown in several “Peanuts” specials on television in the 1960s entered a plea of not guilty Wednesday to 12 felony counts of stalking and making criminal threats.

Peter Robbins is charged with threatening a former girlfriend and a La Jolla plastic surgeon who performed a breast augmentation on her. Police claim Robbins was upset with the way his girlfriend looked after the surgery and wanted his money back.

Robbins is accused of hitting his former girlfriend’s dog after she refused to help him get his money back.

The plastic surgeon obtained a restraining order from the court three weeks ago to keep Robbins away from her and her family.

A San Diego judge set his bail at $550,000. A readiness hearing is scheduled for Feb. 22, and a preliminary hearing is scheduled for March 22.

Robbins was the voice of Charlie Brown in “It’s the Great Pumpkin, Charlie Brown” and other TV specials. He was also featured in the television shows “F Troop,” “Get Smart” and “Rawhide.”

Stalking refers to any continuous unwelcome contact with another person and can include telephone calls, text messages, emails, physically following someone, and even making violent threats. It is a form of harassment that can embody many crimes, and depending upon the facts of the alleged crime, the accused could be facing a misdemeanor or felony charge.

Sadly, stalking allegations are often grossly exaggerated or completely false. Anyone can accuse someone of stalking – friends, neighbors, roommates, business associates and even ex-lovers. Some people accuse others of stalking after an intense argument or bad breakup in order to seek revenge against the other person. Others may do so because they are just paranoid. Regardless, after accusations are made, the courts usually issue a restraining order to keep the accused away from the victim.

Depending on the circumstances, a person accused of stalking could face severe consequences, such as imprisonment, lifelong restraining orders, and hefty fines. Moreover, people accused of stalking often face additional charges, such as threatening acts of criminal violence, trespassing, burglary, and assault.

Published on: January 10, 2013

New Port Richey Criminal Defense Lawyer :: Armed Bank Robbery Suspect Held by Police

by Whittel & Melton, LLC

New Port Richey, FL – Pasco County deputies caught up with a man believed to be a suspect in an armed robbery of an Achieva Federal Credit Union branch just minutes after the robbery occurred on State Road 54.

According to a sheriff’s office media release, a man entered the bank branch at 9:58 a.m. on Dec. 20, flashed a gun at the teller and left on foot with an undisclosed amount of cash.

Witnesses claim the man was driving a black Pontiac.

Deputies were able to catch up to the man a short time later and detained him for questioning.

Armed robbery is a very serious crime to be charged with, as the consequences of a conviction are quite harsh. Because armed robbery carries the potential to harm others, you will likely face maximum penalties if convicted in a court of law. When a person uses a weapon to commit a robbery, despite whether or not it is used, police, prosecutors and judges are quick to conclude that the accused intended to use that weapon.

In the state of Florida, armed robbery can be filed in one of two ways:

1. Strong Armed Robbery: a robbery involving the use of threats, force or violence. This charge is classified as a second-degree felony, carrying potential consequences of up to 15 years in state prison.

2. Armed Robbery: a robbery involving the use of a deadly weapon. Armed robbery is a first-degree felony, punishable by 30 years in prison.

Published on: January 3, 2013

Spring Hill Criminal Defense Lawyer :: Woman Charged with Child Abuse After Child Eats Crack Cocaine

by Whittel & Melton, LLC

Spring Hill, FL – A Hernando County woman has been arrested and charged with child abuse after a 9-year-old child left in her care got sick after allegedly consuming crack cocaine.

Hernando County Fire Rescue Officials arrived at the woman’s home last week after the child began having convulsions.

The child was transported to a local hospital where blood tests apparently revealed the child had crack cocaine in the bloodstream.

Police claim the child ate a rock-like substance on Christmas Day. The child became sick shortly after.

The woman told deputies that the child had been in her care for five to seven days. Police claim the woman said the child probably found the crack and thought it was candy.

The Department of Children and Families took the child into custody.

A child abuse charge is taken quite seriously in the state of Florida and demands the immediate attention of a criminal defense attorney. In addition to potential time behind bars and hefty fines, a child abuse conviction can tarnish your good standing in the community, negatively impact your personal relationships and limit your future employment opportunities. Child abuse charges can arise from various forms of abuse, including physical maltreatment, emotional harm, sexual abuse and psychological damage. Any adult can be accused of this crime, including parents, foster parents, legal guardians, relatives and even baby-sitters.

If you are under investigation or have been arrested on child abuse charges, contact a Florida Criminal Defense Attorney at Whittel & Melton right away. We advise you to limit who you discuss the facts of your case with, especially law enforcement officers. Be aware, anything you say to police can be used against you in court. It is in your best interest to remain silent until your attorney is present.

A Child Abuse Lawyer at Whittel & Melton can provide your case with the personalized attention it deserves. From the moment you contact us, we take the time to hear your side of the story and perform an extensive investigation into the allegations. We know from experience that many child abuse charges arise from spiteful family members or simple mistakes. We can work aggressively to convince prosecutors to reduce your charges or have them dropped altogether.

Published on: November 30, 2012

Pinellas County Criminal Defense Lawyer :: Man Accused of Hitting 4-Year-Old Child, Causing His Kidney to Bleed

by Whittel & Melton, LLC

St. Petersburg, FL – A 23-year-old man was arrested Nov. 15 for aggravated child abuse after authorities claim he caused a laceration to a 4-year-old boy’s kidney while the child was in his care.

Deputies claim the man struck the young boy and urinated blood.

The boy was taken to the hospital, where doctors alleged the laceration to his kidney was caused by “trauma” and not an illness or other medical condition.

The boy’s mother told police she had left her son in the man’s car while she was at work.

The boy apparently told police that the man hit him.

The man was arrested and booked into the Pinellas County Jail. He is being held without bail.

The crime of aggravated child abuse is a grave felony offense. For charges of this kind to stick in Florida, prosecutors must be able to prove that the accused willfully and knowingly committed child abuse and, in doing so, caused significant bodily harm, permanent disability, or permanent disfigurement. Criminal acts against children are taken quite seriously in the state of Florida. In fact, these cases are usually passed along to experienced prosecutors hoping to achieve a conviction.

Published on: November 14, 2012

Homosassa Criminal Defense Attorney :: Registered Sex Offender Faces New Sex Charges against Citrus County Youth

by Whittel & Melton, LLC

Homosassa, FL – A registered sex offender has been arrested on charges of lewd and lascivious conduct with an 11-year-old girl.

The 36-year-old, who is listed as homeless, apparently traveled to a hotel in the county with the girl and another adult female on Oct. 27 where the trio stayed overnight.

When the girl arrived home the next day she told her family that the adult female left the room for around two hours, leaving her alone with the man. She claims the man asked her sexually explicit questions and tried to touch her breasts.

The girl apparently told the Sheriff’s Office’s Child Protection team that the man asked to show her his genitals and asked to see hers. He allegedly asked if he could have sex with her.

The girl claims the man wrapped himself around her as she lay on one of the beds in the room and began moving. She apparently got up and went to the restroom and noticed her soda tasted odd when she returned. Police were informed that the man had been drinking shots of alcohol in the hotel.

The girl told police that the man told her not to tell anyone what happened.

According to reports, the man is a registered sex offender in Hernando County, who has not been checked on in person since Oct. 25 in that county.

The man was apparently working at a Homosassa business, and was arrested there Nov. 2. He allegedly told police that the girl tried to solicit him for sexual activity.

He was taken to Citrus County jail with bail set at $27,000. He was charged with failing to report his change of address within 48 hours, as required by state law, lewd and lascivious conduct with someone younger than 16 and lewd and lascivious molestation of a person younger than 16.

Failure to register as a sexual offender or predator can result in severe consequences. The state of Florida takes these charges quite seriously, and an individual charged with failing to register can be charged with a third-degree felony, or in some cases a second-degree felony. Sexual offenders and sexual predators must comply with multiple different forms of registration. The following is a list of the registration requirements that sexual offenders and sexual predators must follow:

• Registration within 48 of being released from custody
• Registration within 48 hours of relocating to a different address
• Registration of Address of Residence
• Registration with the Department of Highway Safety and Motor Vehicles
• Registration of Employment or Enrollment at an Institution of Higher Learning

Published on: November 7, 2012

Florida Criminal Defense Lawyer :: Number of Murders and Forcible Rapes Increase in Florida in First Half of 2012

by Whittel & Melton, LLC

Tallahassee, Florida – State officials have reported that the overall crime rate in Florida has dropped 3.8 percent in the first half of 2012 compared to the same period in 2011. However, the number of murders and forcible sex offenses is on the rise.

Governor Rick Scott and Florida Department of Law Enforcement Commissioner Gerald Bailey announced the figures in the 2012 Semi-Annual Uniform Crime Report Thursday.

Florida’s murder rate increased by 1.5 percent, including an 8.2 percent surge in murders committed with firearms.

Forcible sex offenses, including rape and sodomy, also saw an increase of 1.5 percent. This number includes a 40 percent increase in rapes committed using firearms.

Aggravated assaults, burglaries, robberies and larcenies all declined.

While overall domestic violence crimes dropped 5.4 percent, domestic violence murders increased by 30 percent and forcible rapes by 7 percent.

Published on: October 29, 2012

Tampa School Bus Driver Charged with Child Abuse after Incident on School Bus :: Whittel & Melton

by Whittel & Melton, LLC

Tampa, FL – The Hillsborough County Sheriff’s Office arrested a Tampa school bus driver after she allegedly pushed an 8-year-old girl off the bus causing her ankle to break.

The 41-year-old Hillsborough County bus driver was charged with aggravated child abuse.

Police claim she was driving special education students to a local elementary school
around 2 p.m. when the incident occurred.

The child apparently pushed and kicked the driver while waiting for her turn to get off the bus. When it came time for her to exit the bus, she apparently stood on the steps and stopped.

According to reports, the bus driver used her foot to kick the girl off the bus. The girl fell on the ground and broke her ankle.

Police and prosecutors take allegations of abuse against children quite seriously throughout the state of Florida. In fact, sometimes police officers get so carried away with their efforts to protect children that one false statement can lead to an innocent person being slapped with severe felony charges. If you have been accused of child abuse, it is crucial to seek legal assistance from a criminal defense lawyer right away. Child abuse cases are fueled by emotions and unless you take fast action to protect your legal rights and explore your defense options, you could be left to face the harsh penalties associated with a conviction.

Aggravated child abuse is a felony in Florida punishable by up to 30 years in state prison. While it may seem like there is overwhelming evidence stacked against you, it is important to be aware that there are many strategies that a criminal defense attorney can implement to help you obtain a positive outcome. Children can be easily influenced and sometimes an overactive imagination can result in false accusations. The Tampa Criminal Defense Attorneys at Whittel & Melton understand that any and all allegations regarding child abuse must be thoroughly investigated in order to mount the most effective defense for your unique situation. Whether you work closely with children or are a parent or relative accused of child abuse, we can help you understand your rights and legal options.

Published on: October 2, 2012

Former Massachusetts Chemist Accused of Tampering with Drug Evidence and Falsifying Lab Results :: Whittel & Melton

by Whittel & Melton, LLC

Police arrested a former Massachusetts chemist on Friday for allegedly lying about the true results of drug evidence that she analyzed while working at a state police lab, which has roused concern about thousands of criminal cases.

The 34-year-old was arrested in her home in Franklin, Massachusetts. She is accused of obstruction of justice and pretending to hold a master’s degree in chemistry from the University of Massachusetts.

According to reports, the former chemist apparently confessed to misconduct over the course of her nine years of employment with the Department of Public Health.
Her work with criminal evidence, including any case she may have touched from 2003 until she left in March, is currently under investigation. Massachusetts authorities claim that it’s possible that she may have touched 60,000 samples that were involved in 34,000 drug cases.

Police will be reviewing the sentences of 1,140 people currently behind bars after being convicted with evidence at least partly provided by the woman.

The woman’s former co-workers at the William A. Hinton State Laboratory in Jamaica Plain clued state police in about the woman’s alleged unreliable work.

During this time, state police were in the process of taking over a lab that had previously belonged to the Department of Public Health, which certified random drug tests for the police departments in Norfolk, Suffolk, Middlesex and Bristol counties, and Cape Cod and the nearby islands.

Police claim as they were getting ready to take over the drug laboratory, they spoke with other employees who were afraid to verify the woman’s work.

The lab was shut down by Massachusetts Gov. Deval Patrick on August 30.

Believe it or not, forensic laboratories can make mistakes that can ultimately affect defendants all over the country. Due to possible flawed lab results from the state of Massachusetts, those convicted of drug crimes in Florida could have received enhanced penalties as a direct result of a previous Massachusetts drug conviction. It is important to realize that faulty or even fabricated evidence can place innocent lives in danger of false convictions. Despite how long ago the lab test was conducted, any doubt at all must be thoroughly investigated and any evidence previously admitted at trial must be reevaluated.