Drug Crimes

Published on: November 15, 2013

Broward County Criminal Defense Lawyer :: School District Reaches Agreement to Reduce Student Arrests

by Whittel & Melton, LLC

Broward County Public Schools, one of the nation’s largest school districts, has reached an agreement with law enforcement agencies and the NAACP to reduce the number of students arrested and charged with minor criminal offenses.

The agreement brings district officials together with police and the state attorney’s office to create an alternative to the zero-tolerance policies that are customary in many schools. It places principals, rather than school resource officers, in charge of deciding how to deal with students that misbehave.

The agreement is designed to cut down on what has become known as the “school-to-prison pipeline,” where students accused of minor offenses, like disrupting class or loitering, are suspended, arrested and charged with crimes.

Broward County is the nation’s seventh largest district and had the highest number of school-related arrests in Florida in the 2011-2012 school year, according to state data. Of the 1,062 arrests made, 71 percent were for misdemeanor offenses.

In Broward County, minority students have been excessively arrested, sometimes for the same offenses that their white peers received only a warning for. According to U.S. Department of Education data, more than 70 percent of students nationwide involved in school-related arrests or law enforcement referrals are black or Hispanic.

The new policy creates a different set of guidelines for district officials and school resource officers to follow when a student misbehaves. For non-violent misdemeanors like trespassing, harassment, incidents related to alcohol, possession of a misdemeanor amount of marijuana and drug paraphernalia, administrators have been instructed to attempt to resolve the issues through other methods than just arresting the student. A slew of options, like participation in a week-long counseling program, are thought of as much better ways to address and correct the student’s behavior.

Additionally, the new policy states that no student would be arrested for a first non-violent misdemeanor. However, further offenses can result in graduated levels of school-based interventions. After a fifth incident, students will be referred to law enforcement.
Felonies or serious threats will immediately be referred to police.

The policy went into effect at the beginning of the current school year. Broward County has already seen a 41 percent decline in the number of school-related arrests since the policy took effect.

The NAACP hopes the policy will serve as a model for other districts nationwide.

If your son or daughter, niece or nephew or grandchild has been charged with a crime in Broward County, you may be wondering whether you should hire an attorney. For most juvenile crimes, it is in your child’s best interests to have a criminal defense lawyer in their corner to make sure their rights are protected. The consequences for a juvenile crime can be quite harsh, potentially leaving a permanent stain on a child’s criminal record and even affecting future employment or educational opportunities. Depending on the age of your child, he or she could be charged as an adult for certain crimes.

The most common juvenile offenses include the following:

• Juvenile Drug Crimes

• Underage DUI
• Juvenile Theft Crimes
• Juvenile Sex Crimes
• Juvenile Violent Offenses
• Juvenile Alcohol Crimes

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 23, 2013

Putnam County Criminal Defense Lawyer :: Police Locate Methamphetamine Lab inside Travel Trailer

by Whittel & Melton, LLC

An Interlachen man was arrested Thursday for allegedly manufacturing methamphetamine inside a travel trailer.

Deputies responded to an Interlachen home to follow up on an investigation, when they claim they observed people in a travel trailer behind the residence.

Deputies went behind the house to speak with the individuals at the travel trailer, when they claim they detected an odor that is common in the manufacturing of methamphetamine.

Several people were apparently inside the trailer. Police asked the subjects to exit the trailer and one man who appeared to own the trailer allegedly gave police permission to search the premises.

Two one pot methamphetamine labs were located under the man’s bed, according to police. The man was detained for the manufacturing of methamphetamine.
Police claim the man provide them with a fictitious name when originally asked because he had outstanding arrest warrants in Levy and Alachua Counties.

The Putnam County Clandestine Meth Lab Team responded to the scene to secure the any hazardous chemicals.

The 46-year-old man was arrested and booked into the Putnam County jail on the following charges: manufacturing methamphetamine, possession of listed chemicals, possession of drug paraphernalia, possession of a controlled substance without a prescription, maintaining a drug dwelling, resisting an officer without violence.

He was denied bond.

Manufacturing methamphetamine is a serious offense in Putnam County and throughout the state of Florida. Florida is a state that has seen a resurgence of meth addiction, which has led to state legislatures cracking down on drug-related charges. Meth consumption has been able to flourish due to the relative ease of manufacturing meth at homes or in backyard meth labs using easily obtainable and perfectly legal chemicals.

Published on: October 22, 2013

Manatee County Criminal Defense Lawyer :: Bradenton Man Arrested after Leading Police on Slow-Speed Chase

by Whittel & Melton, LLC

A Manatee County man was arrested shortly before 2:00 p.m. Thursday after Bradenton police claim he lead them on an unusual “leisurely” car chase.

The slow-speed car chase, described by police as “like the movie, ‘Driving Miss Daisy,'” took about 15 minutes to resolve in a serpentine loop around the 1700 block of 14th Street West.

The chase started shortly after a BPD officer saw the 24-year-old man drive by as he was patrolling the intersection of 21st Avenue West and 13th Street West on foot.

The officer apparently noted that the man was wanted on a warrant and called headquarters as another officer attempted to pull the man and his 24-year-old passenger over.

Police claim that the man failed to pull over even after seeing the flashing lights provide by the cop car. He allegedly continued driving through neighborhood streets, obeying stop signs and lights.

The man finally hit a dead end in the 3600 block of 18th Street West. A total of six officers were traveling around the chase, including a K-9 unit.

Upon reaching the dead end, the man apparently got out of the car and put his hands up.

His warrant was for failure to pay child support, but now he will be charged with a slow-speed chase, according to police.

The man faces charges of fleeing to elude, resisting arrest, driving with a suspended license and not paying child support. He was being held at Manatee County jail with bail set at $2,610.

The 24-year-old passenger has pending charged of possession of narcotics. He was taken to Manatee Memorial Hospital for treatment following the chase.

Under Florida Statutes, it is considered a third-degree felony for any driver to fail to stop after he or she has knowledge of being ordered to stop by a law enforcement officer. Fleeing or attempting to elude police is punishable by up to five years in prison, and if convicted of this offense, the court will revoke the driver’s license for 1 to 5 years. If you have been charged with this serious criminal offense, you must act fast and contact a criminal defense lawyer to ensure that your rights are protected. Prosecuting attorneys with the State Attorney’s Office in Manatee County take charges of this nature quite seriously and will seek maximum penalties. That is why these charges must not be taken lightly. In order to avoid an unfortunate outcome, you must prepare the strongest possible defense.

Published on: October 16, 2013

Dixie, Levy & Gilchrist County Criminal Defense Lawyer :: Why You Need a Criminal Defense Lawyer in Levy, Gilchrist & Dixie County

by Whittel & Melton, LLC

If you have been arrested for or charged with a crime in Dixie, Levy or Gilchrist County, it is important to that you obtain legal representation as soon as possible. Why? Despite the severity of the charges you face, a good criminal defense lawyer can explain your rights throughout all stages of the criminal process and help you make the most informed decisions regarding your case. Most importantly, a criminal defense attorney can be the difference between a reduction of charges or dismissal and a jail or prison sentence.

At Whittel & Melton, our Dixie County Criminal Defense Lawyers have extensive experience in defending people that have been arrested and accused of every type of criminal offense. Our firm handles all types of criminal charges – from Driving While License is Suspended or Revoked and serious DUI offenses to drug crimes, violent crimes and even juvenile offenses. We stand ready to defend clients at every stage of the criminal process, beginning with the arrest. If you have been arrested in Cross City, Horseshoe Beach or the surrounding area, a Dixie County Criminal Defense Attorney at Whittel & Melton can make sure you understand the charges you are up against. Contact us today online or call 866-608-5529 to learn more about how we can assist you.

Published on: October 9, 2013

Collier & Lee County Criminal Defense Lawyer :: Southwest Florida Couple Arrested for Obtaining Controlled Substances by Fraud

by Whittel & Melton, LLC

A joint investigation conducted by the Florida Department of Law Enforcement Ft. Myers Regional Operations Center and the Collier County Sheriff’s Office in August resulted in the arrest of a Collier County Corrections Corporal and his wife on numerous charges of prescription drug offenses.

Agents arrested the 44-year-old Fort Myers woman on 23 counts of obtaining controlled substance by fraud and two counts of principal in the first degree for obtaining a controlled substance by fraud. Her husband, a 29-year-old Correctional Corporal for the
Collier County Sheriff’s Office was arrested on two counts of obtaining controlled substance by fraud and two counts of principal in the first degree for obtaining a controlled substance by fraud.

The investigation apparently began in January 2012 after the FDLE received information from the Collier County Sheriff’s Office that the alleged suspects were fraudulently obtaining numerous controlled substances at pharmacies in Lee and Collier counties.

Police claim that the woman fraudulently called in prescriptions and/or refills for Xanax, Vicodin and Ambien into various pharmacies for herself and her husband while she was employed at Advanced Medical Center in Naples.

The woman was booked into the Lee County Jail while her husband was booked into the Collier County Jail.

Obtaining a Controlled Substance by Fraud is a third-degree felony in Florida. Fraudulently obtaining medical prescriptions can carry very serious consequences, including multiple years in prison. In order to prove this crime, prosecutors in the state of Florida must prove that the controlled substances were obtained through misrepresentation, fraud, forgery, deception or subterfuge.

There are many ways to fraudulently obtain medical prescriptions, some of which include:

• Falsifying Prescriptions
• Altering Prescriptions
• Counterfeiting Prescriptions
• Impersonating a Doctor
• Stealing Blank Prescription Pads
• Using One Prescription to Obtain Multiple Refills
• Visiting Multiple Doctors for Medical Prescriptions, also known as “Doctor Shopping”

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 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 27, 2013

Bradford County Criminal Defense Lawyer :: Father and Son Accused of Growing Large Amounts of Marijuana

by Whittel & Melton, LLC

A father and son were arrested last week after the Florida Wildlife Commission discovered several marijuana plants at a residence while investigating a hunting complaint.

Florida Wildlife Commission personnel discovered the plants around 8:30 p.m. and contacted the Bradford County Sheriff’s Office.

The officers surveyed the plants and the property before the father and son arrived at the residence, according to a Bradford County Sheriff’s Office press release.

Agents from the Bradford County Drug Unit were called to the scene and were given consent to search the residence and surrounding property.

According to the reports, a total of 149 marijuana plants were found. Police claim the plants varied in size with the tallest reaching heights of around 5 feet.

A large amount of seeds and processed marijuana for smoking were allegedly found at the residence.

The father and son apparently confessed to growing and possessing the drugs. They allegedly told investigators the marijuana was for their personal use.

The 52-year-old father and 20-year-old son posted bond and were released from the Bradford County Jail.

The father is facing charges of marijuana production, marijuana possession and possession of drug paraphernalia.

The son is charged with marijuana production and marijuana possession.

The state of Florida views drug related offenses quite seriously. While the public opinion
regarding marijuana production and its use has been changing across the United States in recent years, the fact remains that marijuana is still illegal in Florida. Prosecutors in Bradford County and across Florida do not take marijuana charges lightly and you can be sure they will be aggressive in their pursuit of a conviction. Growing, manufacturing or cultivating marijuana is a very serious offense on the state and federal level. These charges can be further complicated when other drug charges are involved.