Hernando County

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: February 2, 2012

Orlando – Tampa Sinkhole Fraud Defense Attorneys Whittel & Melton :: Questionable Sinkhole Repairs in Florida’s “Sinkhole Alley” Raise Costs and Suspicions of Fraud

by Whittel & Melton, LLC

A Seminole County contracting firm owner is accused of racketeering and insurance fraud after State Farm Insurance claims the company billed for work that was never done and charged for products that were never used in order to fix homes damaged by sinkholes from Orlando to Tampa Bay.

Although the source of the suspicions are dubious, it is suspected that the overcharges in sinkhole claims can be linked to the reason insurance losses from sinkhole claims have skyrocketed. This increase has allegedly increased premiums for all Florida policyholders and not just those throughout Florida’s “sinkhole alley.” Most likely this is the sort of talking point that an Insurance company lobbyist would feed a reporter to avoid the most obvious source of any rate hikes…the Insurance company themselves.

Citizens, a state-run company that insures more than one million property owners allegedly lost more than $200 million dollars in 2010, which they claim is seven times more than the premiums collected for sinkhole coverage.

Published on: October 25, 2011

Brooksville, FL 1st degree Murder Lawyer Whittel & Melton :: Hernando Deputies Shoot Man Accused of Tossing Firebomb

by Whittel & Melton, LLC

Nearly 100 yards from where a Brooksville, Florida woman was bludgeoned to death about a month ago, investigators shot a man in the abdomen.

Five investigators approached the 60-year-old man’s home on Sept. 27 with a search warrant in tow when the man allegedly opened the door and tossed a flaming Molotov cocktail at the deputies and began firing a nail gun at them.

The man was taken to the hospital where he is expected to recover. No deputies were injured by the flames or nails.

The man shot is the father-in-law of a woman who was killed less than a block from his home on Sept. 16. The man is a person of interest in the homicide investigation.

After the alleged firebomb attack, the man was charged with five counts of attempted first-degree murder of a law enforcement officer and three counts of throwing a destructive device with intent to harm a person.

According to the St. Petersburg Times, the Florida Department of Law Enforcement is investigating the shooting. The deputy who fired the shots was placed on administrative leave with pay, which is customary in all shootings that involve a deputy. The four other deputies on the scene supposedly did not fire.

While this man is expected to recover quickly from gunshot wounds, he does face some serious criminal charges that will require the assistance of an experienced criminal trial lawyer from start to finish. In the state of Florida, crimes of violence often carry the stiffest penalties. Since the charges involve law enforcement officers, the man could face a lengthy prison term and a mandatory minimum sentence could be imposed. Moreover, when attempted murder cases involve police officers the State can be more difficult to negotiate with because they tend to be very protective of police, especially if they are wounded.

A person can be charged with attempted murder if that person took steps towards an unlawful killing and had the intent to kill another person. Basically, a prosecutor must prove that the accused had the intent to kill. An Attempted murder conviction carries a maximum penalty of life in prison with the possibility of parole. In situations like these, many times charges are filed for attempted first degree murder when a lesser charge, like assault, is more appropriate. If a prosecutor cannot establish intent, you cannot be convicted of attempted murder.

Additionally, Florida law is very strict about cases that involve weapons. Significant penalties can be enforced for merely possessing a weapon. Oftentimes in criminal cases, a strong defense can evoke reduced penalties, lesser charges or a possible dismissal of all charges. Even if evidence seems to point to overwhelming guilt, a proper demonstration of mitigating circumstances prepared by the Florida Criminal Defense Lawyers at Whittel & Melton can lead to significant decreases in penalties.

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: July 25, 2011

Spring Hill, FL Drug Crimes Defense Attorneys Whittel & Melton :: Drug Sting at Hernando Pain Management Clinic Totals 100 Arrests

by Whittel & Melton, LLC

Nearly 40 more people were arrested this month from three Florida counties in the second round of arrests from an October drug sting at a Spring Hill pain clinic called Operation Glory Daze.

The public information officer for the Hernando County Sheriff’s Office confirmed the total number of arrests for the sting operation is now up to 100.

Three of the suspect’s arrested are accused of signing for pain pill prescriptions using fake doctor’s notes. Their bail amounts totaled almost $2 million.

A 40-year-old Spring Hill man was charged with fraud and trafficking with bail set at $1.21 million. Two men from Weeki Wachee, ages 36 and 50, were arrested for similar charges; their bond is set at $505,000 and $105,000.

One Weeki Wachee man was allegedly caught with 240 pills on his person, but had supposedly signed for 900 since February 2010. The other, allegedly signed for 540 pills and was reportedly caught with 270 pills.

Reports indicate that both Weeki Wachee men have been arrested on trafficking charges in the past.

Being charged with drug trafficking in the state of Florida is a serious matter. Not only is this crime a felony drug charge, but if you are convicted you are facing substantial prison time due to Florida’s minimum mandatory sentencing guidelines. Minimum mandatory sentencing cannot even be changed by a judge who deems the prison term inappropriate for the crime, so it is imperative that you contact a skilled Drug Crimes Defense Attorney at the slightest suspicion you are being investigated.

Most defenses to drug crimes are centered on how contact was first made between you and the police and the terms of drug evidence seizure. Police procedure in drug crimes must be followed precisely; otherwise the charges can be dropped. The drug charges you face could be dismissed if police used an illegal wiretap, lacked sufficient evidence to link you to the drugs in question or if a proper warrant was not obtained.

In some cases, police make drug trafficking arrests from undercover sting operations. At Whittel & Melton, our team of lawyers is comprised of former State Prosecutors and Retired law enforcement that have worked on sting operations previously. We can honestly evaluate the State’s case against you and build your defense according to the prosecution’s strengths and weaknesses.

Published on: May 6, 2011

Brooksville, FL Child Neglect Attorney :: Father of 2-Year-Old Arrested after Neighbor Finds Child Sitting in the Street

by Whittel & Melton, LLC

The Hernando County Sheriff’s Office arrested a 22-year-old dad Sunday on a charge of child neglect after he allegedly left two small children alone. A neighbor found a 2-year-old child sitting alone in the street and a deputy found a 10-month-old baby asleep alone on a couch inside the man’s home.

The neighbor took the 2-year-old and called the police when the parents could not be located. The child was not wearing shoes and supposedly told police that he sat down because his feet were burning.

According to police reports, the father returned home about 35 minutes after the deputy found the sleeping baby alone. He told the deputy he had been at a neighbor’s for about 10 minutes.

The National Child Abuse and Neglect Data System reported that approximately 1,760 children died of an injury caused by neglect or abuse in 2007. Nearly 600 of those deaths were the result of child neglect alone.

In Florida, child neglect is defined as depriving a child of food, shelter, clothing or medical care, supervision or even the mishandling of child support money. When deprivation or the state of a child’s environment causes the child to become emotionally, mentally or physically impaired, Florida also considers this child neglect. The crime of child neglect is considered a felony of the third degree in Florida. If convicted of child neglect, the penalties can include up to five years in prison, up to five years of probation and up to $5,000 in fines.

Published on: April 16, 2011

Spring Hill, Florida Criminal Defense Attorney :: Drunk Man Found Naked in His Yard Arrested for Breach of Peace

by Whittel & Melton, LLC

The Hernando County Sherriff’s Office arrested a 55-year-old Spring Hill, Florida man for breach of peace and disorderly conduct after neighbors complained he pulled his pants down and urinated in his front lawn. Deputies say the man was allegedly intoxicated and found laying in his yard with his pants around his ankles.

Neighbors told police that the man was wearing jeans, but then he pulled them down to supposedly urinate.

According to the Hernando Today, the neighbors claim they could only see his backside, but were concerned for their small children.

Once deputies arrived at the man’s home he was helped to his feet and allegedly admitted to drinking roughly four beers. He wouldn’t answer why he urinated in his yard.

The man was transported to Hernando County jail with bail set at $250.

The legal definition of disorderly conduct is behavior that rises to the level of a “breach of peace.”Disorderly conduct is committed when a person’s behavior threatens the life or safety of other people. Disorderly conduct can cover a wide variety of behavior such as a bar fight, a loud disturbance in a quiet place or simply irritating a police officer. A disorderly conduct conviction is a second-degree misdemeanor punishable by up to one year in jail and a $1,000 fine. Resisting arrest can sometimes bump the charge up to a first-degree misdemeanor.

Published on: April 9, 2011

Brooksville, Florida White Collar Crime Lawyer :: Bushnell Woman Strips In-Laws Bank Accounts to Feed Gambling Habits

by Whittel & Melton, LLC

Hernando County Detectives arrested a 42-year-old Sumter County, Florida woman Tuesday for various theft-related charges which fueled an alleged gambling book of more than $14 million at a Tampa casino over two years. She has been accused of draining six of her in-law’s accounts taking at least $513,535, leaving the elderly couple with nothing.

According to the St. Petersburg Times, the family of the elderly Brooksville couple knew something was wrong when a check to the dentist on the couple’s account bounced. Family members knew that there should be plenty of money to cover the check.

The family spoke with the bank and learned that the couple’s assets — including savings and checking accounts, CDs, annuities, life insurance and retirement funds — had been exhausted. They immediately notified the police.

A five month investigation revealed that the Bushnell woman’s husband had power of attorney over his parent’s finances, but his wife controlled the accounts. The husband supposedly had no clue that his wife deleted his parents’ accounts, transferred funds and used the money to gamble.

Police reports show that the woman spent more than $14 million over two years at the Seminole Hard Rock Hotel & Casino in Tampa. Her winnings’ were around $13 million, leaving her with a deficit of more than $700,000.

She faces charges of exploitation of the elderly, organized scheme to defraud, forgery of checks and uttering forged checks. She was taken to the Hernando County Detention Center with bail set at $64,000.

Forging checks qualifies as bank fraud, a very serious federal and state charge where federal prosecutors often seek maximum penalties. Federal agencies usually conduct extensive investigations to gather evidence against someone for bank fraud, just like this case where investigators spent five months uncovering alleged fraudulent behavior. Forging checks occurs when someone signs a check owner’s name on the bottom of the check and endorses it to be cashed. Forgery can be punished by both federal and state laws, and even the smallest sum of money forged can be classified as a felony.

A conviction for bank fraud can include penalties of 30 years in state prison and fines up to $1,000,000. Check forgery has a definite outcome of fines and restitution, meaning all the money that was stolen must be paid back. If the person cannot pay the full amount back, courts can order the defendant’s assets to be seized and given to the victim. The United States Criminal Code has 45 statutes pertaining to fraud and forgery that the category of banks fraud falls under. Along with federal laws, there are state laws that can be applied to a conviction. A multiple court conviction will likely increase penalties.

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: March 17, 2011

Spring Hill, Florida Criminal Attorney :: Spring Hill Man Attacks Girlfriend and Onlookers at a Local Bar

by Whittel & Melton, LLC

A Spring Hill, Florida man is facing battery charges after allegedly attacking his girlfriend and another man and his girlfriend after their attempts to mediate the brawl.

According to a Hernando County Sheriff’s Office report, the 30-year-old Spring Hill man is charged with battery and domestic battery following the fight between the man and his girlfriend Saturday night.

The Hernando Today reports that the man supposedly smashed his girlfriends head into the front door of the bar and punched her in the face in the midst of an argument.

Another bar patron and his girlfriend witnessed the fight and stepped outside to stop the Spring Hill man.

According to the report, the Spring Hill man got inside his vehicle and drove toward the other man. He allegedly lunged out of his car, slapped the bar patron’s girlfriend across the face and scratched the man’s forehead.

The bar patron evidently tackled his assailant to the ground in a headlock.

Once deputies arrived at the scene, they noted the Spring Hill man was very intoxicated. He was transported to the Hernando County Jail where he is being held on a no bond status for domestic battery and $1,000 for two separate battery counts.

Florida criminal law has designed a series of crimes under the general category of Domestic Violence. In this case, domestic battery is the unlawful touching of another and the element of the crime under Florida Domestic Violence criminal laws. In many cases, domestic battery results in a felony charge with severe penalties including extended jail time, restitution, fines, anger management courses, parole and probation.

The difference between a misdemeanor battery charge and a felony battery charge is if there was serious bodily harm. A battery is a misdemeanor if there is unlawful touching, but no serious harm. A battery can become a felony if there is serious bodily injury or permanent disfigurement. Florida felony battery has both statutory and case law definitions that describe the nature and extent of injuries suffered by a battery, but they vary with every situation. Ultimately, a jury has the supreme decision on whether a battery conviction is a felony or misdemeanor.