Criminal

Published on: August 25, 2010

World Champion Pitcher Clemens Charged With Perjury From Testimony Sans Subpoena…What a Loser!

by Whittel & Melton, LLC

Like we needed more bad news about our sports heroes. This week, reports circulated that legendary hard thrower (and apparently hard-headed) Roger Clemens has been charged with Perjury for his 2008 congressional testimony. TESTIMONY HE GAVE WITHOUT BEING SUBPOENAED TO TESTIFY.

Florida Criminal Defense Attorneys work very hard with their clients to manage the dialogue of a legal matter, mostly so that we can prepare a strategy based on known issues, allegations, facts, admissions, etc. However, sometimes we have clients who insist, demand and scream to talk to anyone and everyone. And when those clients want to discuss things that may be considered an admission of wrongdoing or worse, a lie, as thier attorney, you try and protect them by doing everything in your power to stop them from talking–ESPECIALLY under oath.

Nevertheless, the former bulletproof superstar Roger Clemens, while under no legal obligations, strolled into the United States Congress and UNDER OATH and knowingly provided alleged false testimony about performance enhancing drugs in MLB. This could be one of the most stupid and avoidable legal tragedies I have ever heard.

While perjury can be tough to prove legally, the public has no sympathy for alleged cheaters like Clemens, to the point that a jury could convict him for his drug use rather than the actual charge of perjury.

Published on: July 11, 2010

Florida Criminal Lawyer Update :: U.S. Supreme Court Erodes Miranda and Right to Remain Silent

by Whittel & Melton, LLC

Miranda has lost a little strength in Florida criminal cases after a surprising 5-4 decision by the U.S. Supreme Court this summer where the majority found that when the prosecution can “show that a Miranda warning was given and that it was understood by the accused, the accused’s uncoerced statement establishes an implied waiver of the right to remain silent.” The case, Berghuis v. Thompkins, will undoubtedly be a hot topic before the U.S. Congress in the coming weeks since Elena Kagan, current Obama administration nominee for U.S. Supreme Court and U.S. Solicitor General, successfully argued this case on behalf of the State of Michigan.

The Florida Criminal Defense Attorneys at Whittel & Melton deal with Miranda and the right to remain silent in all our criminal cases. Whether it be an arrest for Murder in New Port Richey, Grand Theft in Ocala or DUI in Brooksville, Miranda, (i.e, the right to remain silent and the right not to be forced to assist the government in their prosecution of you) is as vital a constitutional right as any other right. This latest decision is in many ways very difficult to understand as it has essentially determined that in order to firmly declare your right to remain silent, you must abandon your silence and affirmatively tell police that wish not to speak to them.

Certainly, those clients who have had the opportunity to speak to counsel beforehand will have no problem with this, but most clients do not have the foresight to discuss potential arrest encounters with criminal defense attorneys beforehand. They are often scared, not thinking clearly and will say or do anything to escape the inescapable…their arrest.

The majority opinion was written by Justice Anthony Kennedy and joined by the other four “conservative” Justices Roberts, Scalia, Thomas and Alito. The dissent was penned by newly appointed Justice Sonia Sotomayor and joined by Justices Ginsburg, Stevens and Breyer.

After all we read about what it means to be a conservative, i.e. less government and more self-determination, this opinion appears to take those ideals and set them on their head.

Published on: September 7, 2009

Show me the money: Promise of stimulus checks lure criminals to arrest

by Whittel & Melton, LLC

According to reports, 76 Florida criminal suspects responded to a mailing promising “South Florida Stimulus Coalition” funds, but instead of receiving money, they were lured to their arrest. Using the name of the fictitious coalition, Fort Lauderdale police mailed letters asking targeted criminal suspects and those with outstanding arrest warrants to call an undercover phone line and make appointments to claim money they were entitled to. When they showed up at an auditorium and presented their identification, they were led to an area where uniformed police were waiting to arrest them.

The suspects had open warrants for their arrest. Called “Operation Show Me the Money” the police department rounded up people wanted on charges ranging from second-degree murder, gun and drug charges to failure to pay child support.

Police said such roundups are safer and more efficient than serving warrants at people’s homes because the environment where the arrest takes place are more controlled and pose less safety issues.

Published on: July 27, 2009

Lake County Criminal Attorney update :: Lake County Sheriffs are using federal immigration detainers to make arrests on otherwise innocent civilians

by Whittel & Melton, LLC

The Orlando Sentinel is reporting that the Lake County Sheriff’s Office has been using federal immigration detainers to arrest and jail suspected illegal immigrants. Lake County is not the only jurisdiction making use of this practice but, according to the report, the Lake County Sheriff’s Office is one of the more active agencies making these sorts of arrests–during the last two years they have made more than 200 arrests of individuals who have no other criminal charges.

This practice can open the Sherriff’s office to civil liability including lawsuits for constitutional violations, false arrests and false imprisonment. And as a result of these arrests, the ACLU has sent out a statewide missive urging the law enforcement agencies “to end the unlawful practice of jailing people based upon ‘immigration detainers’ issued by U.S. Immigrations and Customs Enforcement.”

ACLU officials say I.C.E. has authority to request detention of immigrants already in custody for controlled substance violations. However it seems that the more recent practice of rounding up otherwise law-abiding illegal immigrants in detainer sweeps is excessive and unnecessary.

Published on: February 18, 2009

Middle District of Florida Judge Takes Passport from Actor Wesley Snipes

by Whittel & Melton, LLC

Convicted Ocala, Florida Federal Criminal Defendant and Hollywood Actor Wesley Snipes was ordered to turn over his U.S. Passport by a Federal Judge this week. Snipes was convicted last year by an Ocala, FL jury for three federal misdemeanor charges claiming that he willfully failed to file tax returns for three years. Post- sentence and pending his appeal, he was given permission by the court to travel to Bangkok and London for two previously arranged film projects.

Mr. Snipes, despite not having the permission of the Middle District of Florida U.S. District Court, traveled to Dubai, UAE for an A-list celebrity party. Outed by the tabloids, the U.S. Attorney’s Office requested that Wesley Snipes’ passport to be confiscated. According to Forbes Magazine, the Court agreed with the government–leaving Mr. Snipes without a passport and only to star in domestically-shot films.

Published on: August 20, 2008

Social Networking Sites Can Help and Hurt Criminal Defendants

by Whittel & Melton, LLC

Florida prosecutors and defense attorneys now have an unlikely resource to score impeachment material for their trials. Social networking websites like MySpace and Facebook have provided both sides of the courtroom with evidence that is used to cast a negative light on a witnesses’ character.

For example, defense attorneys representing clients charged with battery have used a MySpace page containing a video of the so-called victim beating someone up to show that someone other than their client was the aggressor of the fight. On the flip side, prosecutors offered a MySpace picture of a smiling 22-year-old defendant, holding a glass of wine with comments about getting drunk against her in the sentencing phase of her vehicular manslaughter case. The photo was posted after the DUI accident, and prosecutors argued that the post was evidence of lack of remorse for the crime. As a result, instead of getting sentenced to probation, the young woman was sentenced to prison time.

My grandmother used to tell me to never to do anything that I wouldn’t be proud to have on the front page of the local newspaper and this lesson holds true for websites like Facebook and MySpace. The moral learned from these two examples is never to post anything on the internet that you wouldn’t be proud to have a judge or anyone in the community to see–you never know how it could be used against you. Questions or comments about this post can be directed to Pinellas County criminal attorney Whittel & Melton, LLC at 866-608-5LAW.

Published on: July 31, 2008

Florida’s 5th DCA does not disrupt Central Florida Criminal Bond of $500,000

by Whittel & Melton, LLC

Florida’s 5th DCA– the appellate body that reviews criminal cases in counties like Hernando County or Brooksville, FL, Sumter County or Bushnell, FL, Citrus County or Inverness, FL and Marion County or Ocala, FL, to name a few–declined to change a $500,000 bond ordered in a potential homicide case in Orange County.

Sheriff’s Office detectives originally arrested the defendant for child neglect, obstruction of a criminal investigation and false statements. The defendant is rumored to be linked to a potential homicide. At the first appeareance, the Prosecutors presented evidence of thier murder investigation and suspicions of defendant’s involvement. Although the defendant was only charged with the above, the Judge took the murder investigation into consideration when setting a bond.

Murder, which is defined in Florida Statute § 782.04, and Manslaughter, which is defined at Florida Statute § 782.07, are crimes that First Appearance Criminal Judges take a very serious look at when considering a request for Pre-Trial Release. Certainly, ties to the community and criminal background also play a role in a judge’s determintaion of bond. However, the danger to the community, potential flight risk and nature of the offense, along with any aggravating factors, are often the overriding when denying the petition to overturn the $500,000 bond. I am sure the judge took the murder investigation into consiteration when setting the high bond.

Published on: July 29, 2008

Pasco County Clerk’s Campaign Signs in New Port Richey, FL Are Vandalized

by Whittel & Melton, LLC

According to Nomaan Merchant of the St. Pete Times, Pasco County Clerk of Courts Candidate and current Deputy Pasco Clerk Paul O’Neil has had upwards of 10 signs stolen or destroyed. Most were in the New Port Richey area, however others signs in Land O’Lakes, Hudson and Dade City were stolen.

The job of the Pasco County Clerk is an important role as that office is responsible for overseeing primarily all of the filings in State Criminal cases in Pasco County, both Felony and Misdemeanor.

Complaints were filed with the Pasco County Sherriff’s Office about the vandalism. In past years, State Attorney’s Offices have brought charges of Petit Theft or Grand Theft, depending on the amount of campaign signs destroyed. This event could also be charged as Criminal Mischief for those signs that were cut, ruined or damaged, but not taken.

Published on: July 21, 2008

Ocala, FL Criminal Court Judge Sentences Juror to Three Days Marion County, Florida Jail for Contempt

by Whittel & Melton, LLC

Marion County Judge Jim McCune ordered a prospective juror to serve three days in Marion County Jail and pay an estimated $200 in court costs and fines according to Suevon Lee from the Ocala Star-Banner. Marion County Judge McCune made this ruling after the juror was found to have used foul language in response to not being dismissed from the jury panel.

Marion County Court Judges like Judge McCune hear Misdemeanor cases involving charges like DUI, LSA, Reckless Driving, Driving on a Suspended License, Assault, Battery, Petit Theft, Worthless Check, Possession of Marijuana, Trespass and Carrying a Concealed Weapon to name a few. On the civil side, the Marion County Court Judges hear cases involving anywhere between $5,000 and $15,000 in dispute and can even sometimes involve personal injury.

It is not uncommon for Judges to take courtroom decorum seriously, and even threaten jail time when jurors make a mockery of the process. However, actually sentencing an individual is very rare–the more common practice is for Judges to make their point by taking unruly jurors into custody for the day. Unfortunately, one of the most tragic erosions of this country’s democracy is the irreverence many jurors show when they are called for service. The fact is, the stronger our jury system is, the stronger our democracy. Ocala, FL Lawyer Whittel & Melton, LLC strongly urges citizens to take jury duty more seriously.