Criminal

Published on: March 9, 2012

Pinellas County Criminal Defense Attorneys Whittel & Melton :: Former Owner of Puppy found with Rubber Band Tied Around Snout Pleads Not Guilty to Animal Cruelty Charges

by Whittel & Melton, LLC

A 32-year-old Clearwater, Florida woman accused of tying a rubber band around the snout of a 9-month-old puppy for days pleaded not guilty in her first court appearance Monday.

The woman faces a charge of first-degree misdemeanor animal cruelty. A pretrial hearing was apparently set for March 26.

The puppy, a Yorkshire terrier/poodle mix, was taken from the woman’s home on Dec. 13 after investigators with SPCA Tampa Bay allegedly found his mouth clamped shut with a rubber band. The rubber band apparently kept the dog from eating and allegedly ripped through the skin and muscle around his muzzle. Officials claim the band tore a large hole through the top of the dog’s snout, where the continuous force ate away at weaker bones.

According to the SPCA, when an investigator pointed out the rubber band wrapped around the dog’s face, the woman apparently looked unconcerned. She allegedly told the investigator she would seek a veterinarian to treat the dog’s wounds. Officials claim the woman never sought medical treatment for the dog.

The dog has since been adopted by a Largo family.

Essentially, there are two types of animal cruelty – intentional cruelty and negligent cruelty. Intentionally inflicting cruel behavior to animals is viewed as violent and calculated animal abuse that can include torturing, beating, poisoning, mutilating, inhumanely confining or unnecessarily killing an animal. Negligent cruelty to animals is usually classified as failing to provide an animal with adequate care. This includes failing to treat a pet’s wounds or illnesses as well as not providing food, water, sanitary living conditions and suitable shelter.

The state of Florida treats animal cruelty charges as serious crimes and aggressively prosecutes these cases. Animal cruelty charges in Florida can vary from civil infractions to felonies. If convicted of an animal cruelty charge, you could be facing fines ranging from $50 to $10,000 and potentially be subjected to jail time. If the animal cruelty charge you are accused of is found to be deliberate abuse, you could face a felony conviction punishable by five years in prison.

Published on: November 22, 2011

Miami, FL Criminal Defense Attorneys Whittel & Melton :: Woman Accused of Pumping Toxic Concoction into Woman’s Rear Charged with Practicing Medicine without a License

by Whittel & Melton, LLC

A woman who supposedly wanted a curvier body for cheap allegedly paid a woman posing as a doctor to inject her buttocks with cement, mineral oil and flat-tire sealant.

According to police, the suspect was born a man and identifies as a woman. She is accused of performing this toxic procedure on herself and at least one other.

The 30-year-old was arrested Friday and charged with practicing medicine without a license with serious bodily injury. She has since been released on bond.

Police investigators say the woman has supposedly been on the lam for a year, driving a black Mercedes and residing at various locations. An officer allegedly drove by one possible home for the woman nearly every day on his way to work, and apparently spotted the Mercedes parked outside on Friday which lead to the woman’s arrest.

The alleged victim told officers she paid $700 for a series of injections to her bottom in May 2010. She was apparently referred to the woman by a friend.

The woman was supposedly treated at two south Florida hospitals for severe abdominal pain and infected sores on her buttocks along with flu-like symptoms. According to reports, she failed to tell doctors the full story behind her sickness because she was embarrassed.

The woman’s mother apparently took her to a Florida hospital on the west coast, where doctors were supposedly told about the alleged procedure. The Department of Health was notified.

The woman claims she is still recovering from the surgery and is in too much pain to work.

Florida’s state laws require that medical procedures be performed only by licensed professionals. When a person performs a medical procedure without a license that causes serious bodily injury to another, they can ultimately be charged with a second-degree felony punishable by a maximum of 15 years in prison. Anyone that engages in the illegal practice of medicine can be subject to various criminal consequences that have the potential to generate civil lawsuits depending on the facts associated with the medical matter. It is important to be aware that manslaughter can be charged if someone dies from an unlicensed medical procedure.

Practicing medicine without a license can cover a broad range of activity, but commonly criminal charges erupt from the following:

• Applying “M.D.”, “D.O.” or any other abbreviations that may indicate a person is a licensed professional for the purposes of treating a patient
• Prescribing medication to patients without a license to do so
• Medically diagnosing someone
• Delivering medical treatment to someone without holding a proper medical license
• Providing a medical examination without the necessary medical license required to give the examination
• A physician who practices medicine not covered by the license the physician possesses
• A former physician that continues to practice medicine after their license has been revoked
It is essential to consult with a Florida Criminal Defense Attorney immediately when facing charges associated with the illegal practice of medicine. These charges can negatively impact your life severely if not handled properly. The Florida Criminal Defense Attorneys at Whittel & Melton can best advise you of your rights while simultaneously putting forth the best defense unique to your specific charges.

Published on: November 17, 2011

Ocala Criminal Defense Lawyers Whittel & Melton :: State Seeking Death Penalty in Quadruple Murder Case

by Whittel & Melton, LLC

The state of Florida’s death sentence policy is quite different than any other state’s version. Florida is the only state that gives the jury the power to recommend the death penalty or life in prison, which is decided by a majority vote. The judge can consider the recommendation, but ultimately does not have to agree with the results of the jury vote.

On Tuesday, the State Attorney’s Office announced its plan to seek the death penalty in an Ocala, Florida case involving a 31-year-old man accused of murdering two children and two women, one of whom was the mother of his 2-year-old son.

The man, currently a high security inmate at the Marion County Jail, was arrested on Aug. 5 and charged with five counts of first-degree murder and arson of a dwelling.

The four individuals were found shot to death inside a home that was allegedly set on fire. The children, 6 and 8, were found in a back bedroom, the women, 27 and 52, were found near the front door.

The 27-year-old woman was supposedly dating the man accused of the quadruple murder. She allegedly arrived at the home on Aug. 5 with her three children in a white Jeep, when she supposedly went inside the house and left the children in the car.

One child told detectives that there was a loud bang, followed by the woman’s collapse. She was supposedly dragged inside the home and the door was closed. A short time later, flames erupted from the house.

The children remained in the Jeep until neighbors got them out.

The man was indicted by a grand jury at the end of August.

When a person is charged with a capital crime in the state of Florida, a grand jury will determine whether or not the case moves forward to trial. The Florida Supreme Court defines a grand jury as “an investigating, reporting, and accusing agency of the Florida Circuit Court.” During a grand jury trial it is determined whether or not there is probable cause to believe the accused has committed a capital crime.

Currently, Florida has several capital crimes, including:

• First-Degree Murder

• Felony Murder

• Capital Drug Trafficking

• Capital Sexual Battery

If a grand jury decides that there is enough evidence against a person accused of a capital crime to proceed to formal trial, then that person will progress to a Florida circuit court where a separate jury will establish if the person is actually guilty of the crime charged. Someone convicted of a capital crime in Florida faces the possibility of life in prison or the death penalty.

Published on: November 7, 2011

Ocala Homicide Lawyers Whittel & Melton :: Attorney for Man Accused of Accessory to Murder Requests Competency Hearing from Judge

by Whittel & Melton, LLC

One of the defendants allegedly involved in the death of a 15-year-old Belleview, Florida teen is allegedly incompetent to stand trial.

The 38-year-old man’s lawyer supposedly told a judge in a brief pre-trial conference on Wednesday that a psychiatrist asserts the man is unfit to stand trial for the charges of accessory to first-degree murder.

He is accused of helping dispose of the body and enabling one of the suspects to evade arrest by driving him to Starke.

The teenager was allegedly murdered in April by a group of young people ranging in age from 15 to 20.

The lawyer supposedly would not disclose the nature of the man’s condition.

The judge reportedly asked prosecutors to schedule a competency hearing, according to the Ocala Star Banner. After the hearing the judge will decide whether the man is actually unfit or fully competent to face a trial.

It is unknown when the competency hearing will take place.

The accused is currently free on bond.

Criminal behavior has been found to have a direct link to psychological, psychiatric, or mental health in some cases. Defendants with such illnesses or issues must receive specialized attention because their needs can often go undetected in a legal system run by police, prosecutors and judges who are not equipped with the knowledge needed to detect their disorders.

Within the last decade, mental illness has become widely recognized as a gateway to criminal behavior. While the criminal justice system can be intimidating for a defendant who does not have mental issues, a criminal defendant with a mental illness can find the system practically unmanageable unless they have guidance of legal counsel who can understand and display to the court their unique position.

At Whittel & Melton we work with psychiatrists, substance abuse specialists, psychologists and other mental health experts so that we can assist with any special needs you and your loved ones may have. By working with trained professionals, our attorneys can pinpoint any underlying health issues and establish the best method to settle a criminal matter. We can help condense possible exposure to criminal consequences by addressing special circumstances. We seek a long-term solution that will benefit the accused as opposed to a quick fix solution implemented by the prosecution that may actually hinder behavioral health progress.

Published on: October 31, 2011

Tampa, FL Assault and Battery Lawyers Whittel & Melton :: Lindsay Lohan’s Father Arrested for Alleged Domestic Violence

by Whittel & Melton, LLC

Michael Lohan, father of actress Lindsay Lohan, was arrested Monday night in Tampa, Florida on suspicion of domestic violence.

Police responded to an alleged domestic violence call at Lohan’s home and arrested him for battery on his live-in girlfriend.

According to police, after Lohan, 51, was taken into custody he started complaining of chest pains. He was transported to a hospital and after checking himself out, he was placed under arrest.

Lohan was arrested in Los Angeles for his involvement in an alleged domestic violence in March where he was charged with one misdemeanor count of corporal injury to a cohabitant.

Allegations of Domestic Violence need to be handled quite carefully because of minimum mandatory sentencing guidelines for charges as well as increased public and media attention these types of cases draw in. Lohan’s celebrity status and previous criminal record could influence how the prosecution chooses to handle this case. Undoubtedly, an experienced Criminal Defense Attorney is needed for any type of Domestic Violence charge due to the extremely sensitive nature and high degree of emotion involved in these cases.

Typical Domestic Violence allegations can include battery, aggravated battery, assault, aggravated assault, stalking, kidnapping, child abuse and violation of restraining orders. Most people think that domestic violence only covers abuse between spouses or partners, but the statutes covering this area of the law are really far more extensive. Domestic violence encompasses charges related to child neglect, elder abuse, stalking, threats, emotional abuse and other types of abusive behavior toward another person. Essentially, any threatening or violent act, regardless of intentions to inflict harm, could be grounds for prosecution under Florida Domestic Violence laws.

Domestic Violence charges can be filed as a misdemeanor or a felony. Ultimately this decision is made by a prosecutor who bases the choice on victim and witness credibility, severity of injuries and the facts surrounding the case. In most scenarios, severe injuries such as broken bones and significant bruises will be charged as a felony. Slight injuries or no apparent injuries are usually charged as a misdemeanor. However, any prior acts of Domestic Violence or a criminal history may have bearing on how the prosecutor chooses to file the case. Consequences associated with a Domestic Violence conviction can range from brief jail sentences, counseling and community service to multiple years in state prison, fines and restraining orders.

Published on: October 21, 2011

Criminal Defense Attorneys Whittel & Melton Representing Spring Hill – Brooksville :: Hernando County Woman Charged with Operating an Assisted Living Facility without a License

by Whittel & Melton, LLC

The Florida Office of the Attorney General announced the arrest of a Hernando County, FL woman who allegedly operated an assisted living facility without a license.

The woman was arrested Thursday by law enforcement officers with the Attorney General’s Medicaid Fraud Control Unit. The Hernando County Sheriff’s Office assisted with the arrest.

She was charged with one count of operating an assisted living facility without a license, a third-degree felony.

According to Florida State Attorney General Pam Bondi, the case will be prosecuted by the State Attorney’s Office for the Fifth Judicial Circuit.

If this woman is convicted of operating an assisted living facility without a license, she could face up to five years in prison along with a $5,000 fine. In most states, like Florida, assisted living facility programs must be licensed and can only provide select services according to state laws. Likewise, assisted living programs must comply with health and safety laws. State regulations on these facilities are quite strict and rules can range from mandatory locks on certain doors to what ingredients can be used to prepare meals.

Prosecutors in the state of Florida view proper licensing as one of the most important elements in guaranteeing quality care at an assisted living facility as well as nursing homes and group homes, which is why there is a large focus on law enforcement to arrest owners of unlicensed facilities. Licensed facilities must adhere to firm government requirements regarding employment, medication management, and compliance with fire and safety codes. Florida law states that without a proper license it is illegal to provide housing, meals and services for more than 24 hours to adults who are not relatives of the owner or administrator of the assisted living facility.

State officials typically review assisted living facilities at least once a year to ensure there are no violations of laws regarding health and safety. A facility can only be licensed if all health and safety codes are up to par. The State views unlicensed facilities as extremely dangerous and generally pushes for maximum penalties, even though a license does not ensure a facility will not commit neglect or abuse to residents. Many times charges of Medicaid fraud follow an arrest for operating an assisted living facility without a license. It is extremely important to consult with an attorney experienced in these areas immediately following your arrest. It is not uncommon for the attorney general’s office to create criminal charges based on false accusations. Depending on circumstances unique to your case, the Florida Criminal Defense Attorneys at Whittel & Melton may be able to negotiate a positive outcome for your case.

Published on: September 6, 2011

Florida Statewide Criminal Defense Attorneys Whittel & Melton :: Multi-Agency Stings Attempt to Wipe Out Various Crimes in Florida

by Whittel & Melton, LLC

For the past two months, detectives from the Sheriff’s Office Criminal Investigations Division have been pouring much time and effort into long-term investigations that have recently culminated into 41 arrests of men, women and juveniles that filled the Highlands County Jail Friday evening.

The Drug Enforcement Administration, U.S. Marshal, Florida Department of Law Enforcement, Florida Department of Corrections Probation and Parole, and Florida Department of Juvenile Justice teams participated in cases ranging from large-scale narcotics sales and trafficking, to neglect of a child, to grand theft and burglaries as well as lewd and lascivious battery, and even serious weapons charges.

According to Tampa Bay Online, the initiative entailed unannounced compliance checks with sex offenders and predators that are currently monitored by the Department of Corrections.
This undertaking also netted 68 warrants for 163 felony charges from the investigations, 156 juveniles placed under court-imposed curfews and 31 sexual offenders with court sanctions.

By the end of the joint sting, police supposedly seized two vehicles, three firearms, 298.6 grams of marijuana, 288 hydrocodone pills totaling 130.1 grams, 110 Ecstasy pills totaling 35.7 grams, 50 Alprazolam pills totaling 13.2 grams, 4.8 grams of cocaine and $430.

As the above story shows, sting operations cover a varied body of crimes, and because of this, numerous techniques can be implemented by investigators depending on the operations immediate or long-term objective. While some exceptions may apply, generally speaking, most sting operations contain four basic elements:

1. An opportunity or chance for a crime to be committed. This opening is usually crafted or manipulated by officers.

2. Targets a likely offender for the crime at hand, or even an entire group.

3. Some form of trickery, either through an undercover officer or an informant.

4. A climactic effect where incriminating evidence is revealed that ends the operation and yields arrests.

The most defining feature related to undercover stings is when the operation ends with a “caught you” moment and police reveal themselves and catch the offender in the act of committing a crime set up by investigators that is usually caught on video or audio recording devices. The main tactic of these undercover schemes conducted by police is to entice a targeted offender with an opportunity to commit a crime, and then catch them in the act. The person who succumbs to the chance created by police is considered a “willing” offender, even though police construct these situations clearly out of deception.

Most sting operations use a variety of deception techniques to take down targeted possible offenders. A variation of props, techniques and facilitators can be used in an undercover sting such as disguises, false storefronts, professional informers, false advertisements, decoy cars, surveillance and surrogates. Whatever the tactic chosen by cops, sting operations are executed for two general purposes: investigation and to reduce and prevent certain crimes. Most sting operations conducted for investigation purposes are lengthy and are aimed at uncovering extensive fraudulent behavior that involves numerous people. Sting operations that target specific crimes, are more common because they are cheaper to implement and are usually conducted for a set amount of time. It is important to note that many sting operations involve government and non-government agencies in addition to the sheriff’s office. It is not uncommon for federal, state and international organizations to be involved in a local sting, as well as community and business organizations.

If you have been arrested by an undercover officer, you may be wondering if this could be entrapment. The state of Florida provides certain affirmative defenses to those accused of criminal activity. Entrapment can definitely be one of those defenses, and alleges that police officers are responsible for the crime because their behavior caused the offender to commit an illegal act. In order for entrapment to be used as a defense, the accused must admit that they committed the crime they are charged with. The defendant must show that they were swayed by the officer to commit the crime, and then it is up to the prosecution to show whether or not the defendant was predisposed to commit the crime. Entrapment is generally an issue in all undercover operations, including cases involving:

• Online Solicitation of a Minor: Undercover police officers will pose as a child on the Internet in hopes of arranging a meeting for a sexual encounter. If the defendant actually shows up to the meeting, he or she could face a minimum of 25 years in prison.

• Possession of a Controlled Substance with Intent to Deliver: This usually involves an undercover cop purchasing drugs from the defendant.

• Prostitution: This can entail undercover officials posing as prostitutes and offering sexual favors in exchange for money. Some jurisdictions purchase houses for the sole purpose of conducting prostitution stings.

• File Sharing: Investigators can trace the source of pornography, particularly child porn and reveal its source. If a defendant is believed to have shared child porn via the Internet, a case can be brought against them and a search warrant can be gathered to search their home and seize their computer.

The Florida Criminal Defense Attorneys at Whittel & Melton understand how frightening an arrest from a police sting can be. It is important to contact an experienced criminal defense attorney as soon as you think you are under investigation or immediately following your arrest. There could be time after an investigation to keep charges from being filed. Whether you are facing drug trafficking charges to auto theft and burglary, our attorneys can work with any investigating agency involved in your case to prevent the filing of charges. This could be the difference between a criminal record and the life-altering consequences that go hand in hand with a conviction.

Published on: July 12, 2011

Casey Anthony Not Guilty Verdict Angered Many :: If You Feel Angry and You Watched the Trial…Please Read This

by Whittel & Melton, LLC

My very first job as a lawyer in Florida came by way of an interview with a prosecutor, whom I later learned was one of the greatest prosecutors in Florida history. I am honored to have known him and worked in the same building for a short time. Since retirement, he wrote an opinion piece about the Casey Anthony verdict which is excellent, I hope you will read it.

This is better and more authoritative than anything I could pen. (This was originally posted by a fellow lawyer in Miami, Thanks for sharing David)

IN DEFENSE OF THE JURY (Miami Herald, July 10, 2011)

Published on: April 4, 2011

Brooksville, Florida Criminal Defense Attorney :: Hernando County Man Attacks Estranged Wife’s Date with a Chainsaw

by Whittel & Melton, LLC

Central Florida police arrested a 49-year-old Brooksville, Florida man Tuesday morning for three counts of criminal mischief, armed burglary and battery after he used a chainsaw to break into a hotel room and attack a man.

According to the Hernando County Sherriff’s Office, the victim was on a date with the suspect’s wife.

A female deputy arrived at a Best Western shortly after midnight after a 911 phone call was placed reporting a disturbance. The Tampa Tribune reports that a hotel clerk told the officer a man arrived at the hotel carrying a chainsaw and looking for his wife. The clerk would not give the man the information he wanted and left the room.

The clerk supposedly heard loud banging from outside and went to check it out. While in the parking lot he noticed his rear passenger-side door was smashed.

Witnesses allegedly saw the Brooksville man break the window of another vehicle in the parking lot with his fist. The man then ran upstairs and shattered the window of a hotel room and used his chainsaw to break inside.

The chainsaw was apparently not running.

After the man allegedly broke the window he confronted his wife and her date. The man evidently punched his wife’s date three times in the face. The man left the hotel after the battered man called the police.

The battered man’s car window was smashed. He refused medical attention.

The Brooksville man was arrested at his home later where the chainsaw was taken into evidence.

A hotel manager is supplying surveillance footage to police for evidence as well.

The Brooksville man was booked at the Hernando County Jail with bail set at $26, 500.

Criminal mischief, as defined by Florida statutes, is when you willfully and maliciously damage any property belonging to someone else. It can be deliberate or careless, malicious or merciless behavior that results in someone’s possessions being broken or ruined, at some quantifiable cost. The degree of punishment as a misdemeanor or a felony charge depends on the monetary value of the damage.

Along with criminal mischief charges, the man in this case faces charges of armed burglary and battery. Armed Burglary in Florida is a first degree felony punishable by up to life in prison. It is considered a violent crime even if no crime actually occurs. Since the burglary was committed without the use of a firearm the 10-20-Life statute can be implemented, which means a minimum sentence would be calculated under a guidelines score sheet. The charge of simple battery is a first degree misdemeanor which carries consequences of up to one year in county jail, no more than 12 months of probation and up to $1,000 fine, apart from some obligatory excess fees set forth by the Florida legislature.

Published on: January 31, 2011

Inverness, FL Criminal Lawyer :: Registered Sex Offender Charged with Lewd and Lascivious Molestation of Retarded Girl

by Whittel & Melton, LLC

A 45-year-old man was arrested and charged with molesting a 25-year-old mildly retarded girl from Crystal River on Monday by the Citrus County Sherriff’s Office.

According to the arrest report, the Citrus County man is a registered sex offender.

The arrest report shares that the girl’s brother caught the man on top of his sister with his pants down, while she was fully clothed. The girl verified the story when her mother questioned her.

The girl told the Citrus County Sherriff’s Office that this had happened three or four other times over the past few years.

After being read his rights, during questioning the man admitted what happened and that he knew the girl was mildly retarded. He confirmed that the incident had happened three times throughout the past couple years.

The man was arrested and transported to county jail on the charge of lewd and lascivious molestation. No bond was set.

The words lewd and lascivious both have the same meaning which is a lustful, wicked or sensual intent of the person committing a certain act. In this case the girl can be referred to as a “disabled adult,” which describes any person over the age of 18 that suffers from a physical or mental incapacitation due to a developmental disability. The facts that the girl is disabled, a sexual act occurred and that the man knew she was disabled are the three elements the State will have to prove to convict the man of a sex crime.