Hillsborough County

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: 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: August 17, 2011

Tampa, FL Juvenile Criminal Defense Attorneys Whittel & Melton :: Teen Arrested in High School Bomb Scheme

by Whittel & Melton, LLC

A 17-year-old expelled Tampa student was arrested after police allegedly found the boy in possession of bomb-making materials and a diary with step by step instructions detailing how to carry out a bomb plot supposedly planned for the first day of classes.

The boy was arrested and charged with threatening to throw, project, place or discharge a destructive device.

Police allegedly received a tip about the boy’s supposed plot on the morning of Aug. 16.

Authorities searched the boy’s home and apparently found shrapnel, plastic tubing and timing and fusing devices. A diary was captured by police that allegedly included targeted administrators, drawings of the high school and statements about killing.

According to the Tampa Police Department’s Regional Bomb Team, the amount of materials found in the boy’s home had the potential to have multiple casualties.

Police believe the boy was acting alone.

The boy could face additional charges of possession of bomb-making materials as well as cultivation of marijuana after police supposedly uncovered plants, drug paraphernalia and marijuana in the boy’s room.

According to TBO.com, the boy was recently arrested for burglary with a stolen firearm.

The juvenile was expelled from the high school in Spring 2010 for an unknown off-campus incident. The youth was taken to the Juvenile Assessment Center. It is not yet known whether or not the State Attorney’s Office will charge him as an adult.

With such serious alleged claims found in the young man’s diary, it will be interesting to see what route the prosecution decides to take. Given the boy’s age in combination with the seriousness of the allegations, he appears to have a high chance of being subject to adult court.

After a petition is filed, a judge must decide whether a minor is tried under the juvenile court system or pushed through to the adult criminal justice system. There are many aspects a judge considers before making the decision to transfer a juvenile to adult court, including the youth’s previous criminal record, whether the alleged offense was violent or carried out with intent, the seriousness of the crime in combination with the community’s safety, whether or not any victims were physically injured, the maturity of the juvenile and finally, if the juvenile would be better rehabilitated through the juvenile system or through the resources available in adult court. The juvenile justice system’s main focus is on rehabilitating a minor accused of a criminal offense and is partly based on the adult criminal justice system. The adult court system is intended simply to seek justice for the victim and punish the offender.

In serious cases, such as crimes of violence where a weapon was used, prosecutors will most likely attempt to waive up a youthful offender to adult court which will expose the minor to adult treatment and penalties. In Florida, a person that threatens to throw, project, place or discharge a destructive device, such as a bomb will be charged with a second-degree felony. The punishment for a felony of this caliber could result in up to 15 years in prison.

It is important to remember that a juvenile offender has the same rights as an adult accused of a crime. The right to remain silent, the right to legal counsel and the right to cross-examine witnesses are included in these legal rights. The educated Florida Criminal Defense Lawyers at Whittel & Melton can best direct you on how to fight for your child to remain in the juvenile court system.

Published on: July 15, 2011

Tampa, Florida Murder Defense Attorneys Whittel & Melton :: Tampa Woman Charged with Homicide of Elderly Man and Armed Robbery

by Whittel & Melton, LLC

A 21-year-old woman has been accused of murdering an 83-year-old man found dead in a motel room in Tampa. She faces charges of first-degree murder and armed robbery and as of Saturday, she remained in the Hillsborough County Jail.

According to police reports, someone dialed 911 to report an elderly man deceased in a motel room. The only information released is that the man was found Friday with “upper body trauma.”

The victim has yet to be identified. It is also unknown whether the woman has retained legal counsel for the charges she faces.

With so few facts being released about this case, it is hard to expound on the predicament this woman faces. Generally speaking, first-degree murder is considered a Capital Offense in Florida with the possible punishments being quite severe; the death penalty or life in prison without the possibility of parole. With that said, any time someone is accused of murder, it is extremely important to contact a Florida Criminal Defense Attorney to start investigating your case immediately. Your rights can be best protected once you have an attorney with the highest caliber of professionalism on your side.

The killing of another human being can be justified as excusable homicide if a few circumstances can be proved: the killing took place due to an accident carried out by a lawful act and without any unlawful intent, the killing was the result of a mishap in the heat of the moment following ample provocation or the killing came about due to an unexpected attack that was not carried out in a cruel and unusual manner with no dangerous weapon used. Under Florida law, justifiable homicide can be a defense to first-degree murder if a party is killed while you were resisting someone attempting to kill you or commit a felony against you. Self-defense can also play a part in a murder defense, if the use of deadly force can be justified.

If you have been arrested for first-degree murder in Florida and are thinking of defending yourself or are contemplating accepting the legal aid appointed to you, please call the Florida Criminal Defense Lawyers at Whittel & Melton today. We can offer you a free consultation and will not falter in our attempts to guide you through the best possible course of action that can be taken for your distinct situation.

Published on: May 11, 2011

Florida Drug Arrest Lawyer :: Tampa Bay Buccaneer Arrested, Again – Alex Magee Charged with Misdemeanor Possession of Marijuana

by Whittel & Melton, LLC

Tampa Bay Bucs defensive end Alex Magee was charged with possession of marijuana Monday afternoon after being pulled over for an expired tag. During the traffic stop, police reportedly smelled marijuana coming from the interior of Magee’s 2009 Black Dodge Charger and after searching the vehicle a misdemeanor amount of field test positive marijuana was found.

Magee was charged with possession of marijuana and having an expired tag of more than six months. Magee was released with a citation due to the offense being classified as a misdemeanor.

The Duquenois-Levine test is widely used by detectives to determine if a suspected substance is a positive match for marijuana. The test is easy to administer and results are determined through chemical color reactions. An officer performs the test by placing a particle of the substance in question on a micropipette of chemicals, if the chemicals turn purple then marijuana is a possible culprit. While the tests are simple and keenly looked upon by law enforcement agents, results can return false positives which can result in unfortunate arrests.

A large number of marijuana arrests occur after a vehicle is stopped for traffic violations. Many times the officers who pull you over for traffic infractions are street cops that are not veteran law enforcement agents or narcotics detectives who have the knowledge of conducting a lawful search of your person or vehicle. How an officer finds any amount of suspected marijuana is crucial information in a drug charge because if the search was illegal, oftentimes the charges can be dropped.

Published on: March 31, 2011

Tampa, Florida Criminal Defense Attorney :: Tampa Bay Buccaneer Aqib Talib and His Mother Arrested for Connection with Shooting in Texas

by Whittel & Melton, LLC

Texas police arrested Tampa Bay Buccaneers cornerback Aqib Talib Tuesday for his connection with a shooting last week in Garland, Texas. The 25-year-old football star will be charged with aggravated assault with a deadly weapon.

Talib’s mother turned herself in Tuesday morning and was charged with aggravated assault with a deadly weapon and a felony possession of a firearm from a previous conviction.

Talib and his mother were allegedly involved in a domestic disturbance on March 21 with Talib’s sister’s boyfriend. Police arrived at the scene after a 911 caller reported fighting and the sounds of gun shots around 7: 30 p.m.

According to the St. Petersburg Times, Talib allegedly tried to pistol-whip the boyfriend with a handgun which was dropped in the struggle. Police reports indicate the boyfriend supposedly grabbed the gun and ran while the mother produced another gun and fired at least three times at the boyfriend before Talib took the gun from her and fired at least twice more.

The boyfriend, a registered sex offender in Texas, was taken into custody and charged with aggravated assault with bodily injury and interference with an emergency phone call relating to an incident that happened at his home earlier in the day.

Talib’s bail was set at $25,000. Talib’s mother’s bail was set at $25,000 for the assault charge and $5,000 for the possession charge.

Talib was arrested in 2004 for burglary, got into a public fight in 2008 with a teammate, hit and injured former Bucs cornerback Donald Penn in 2009 and was charged with battery after he hit a cab driver last year.

Talib is facing a second-degree felony conviction punishable with prison time anywhere from 2 to 20 years. He could receive community-control probation instead of prison time if he has no prior felony offenses, but like the article does mention, this could be a far reach if a handgun is actually fired at someone. The probation period for a second-degree felony can last up to 10 years. For Talib to continue his career with the Bucs, if probation is granted, he would have to receive permission from Florida authorities that they would supervise a Texas probationer. This would also have to be agreed upon by the NFL, which is currently under a work stoppage where teams are not allowed to contact players or make any transactions, which includes releasing players.

There are varied possible consequences for aggravated assault with a deadly weapon. Punishments can be determined through possible defenses, conditions neighboring the crime, the degree of any injuries incurred, whether a weapon was used, past criminal record of the defendant, and in some circumstances the victim’s personal history.

Any time an offense involves a weapon other criminal charges can be filed to supplement the aggravated assault charge. When a deadly weapon is involved, like the use of a handgun, enhancements with statutory sentencing guidelines are likely. Depending on the jurisdiction and the sentencing official, additional time may be added to the sentence.

Published on: August 26, 2009

Tampa Bay Bucs’ Player arrested for battery

by Whittel & Melton, LLC

Tampa Bay Buccaneer cornerback Aqib Talib was arrested last week for misdemeanor battery and resisting arrest without violence.

According to reports, Talib was arrested by the Florida Highway Patrol and booked into the Pinellas County jail after a cab driver reported that Talib had verbally threatened him and struck him, knocking his hat off his head.

This incident is the third time the player publically lost his cool–at the 2008 NFL rookie symposium Talib got into a fist fight with fullback Cory Boyd, a fellow draft mate of the Buccaneers, and he also got into a fight with teammate Donald Penn at an offseason workout.
It is unclear how the Buccaneer’s front office will handle the most recent incident, but in the criminal arena, Talib could face one year in jail for each of the misdemeanors.

Published on: August 8, 2009

Former Florida Judge pleads guilty in bank fraud case

by Whittel & Melton, LLC

Tampa Bay Online reported yesterday that former Florida Appellate Court Judge Thomas E. Stringer publicly admitted this morning that he is guilty of bank fraud for helping a stripper hide her financial assets from creditors. According to the federal charge, he lied on a loan application to purchase a house in Hawaii, saying the money used for the down payment was his, when it was from stripper Christy Yamanaka.

According to reports, Stringer plead guilty under the terms of a plea agreement he and federal prosecutors signed last month. He has yet to be sentenced.

During yesterday’s hearing Stringer was advised by a federal magistrate that as a result of his plea, he may not run for public office and he may be in jeopardy of losing his law license. In addition, Stringer’s state pension may be affected by a federal criminal conviction.

Although Stringer’s crimes could subject him to thirty (30) years in prison, Federal Prosecutors are not recommending prison time for Stringer. However his sentence will ultimately be up to the magistrate’s discretion. Stringer also agreed to forfeit $222,000.

Stringer, retired from the bench in February as he was being investigated by the Florida Judicial Qualifications Commission.

Published on: May 24, 2009

Florida Drug Trafficking Defense Attorney News Update :: Hernando County and Citrus County Men Arrested in Tampa Drug Bust

by Whittel & Melton, LLC

According to Kevin Metana of the St. Petersburg Times, two men were arrested this past week in Tampa, and charged with two counts of drug trafficking, two counts of obtaining a controlled substance by fraud, burglary and grand theft.

The report indicates that the men were allegedly found to be in possession of more than $10,000 of prescription Oxycodone, or roughly 687 pills. In addition, the men were allegedly also found to be in possession of marijuana and $2,500 in cash. The cash will certainly become subject to an Asset Seizure or Forfeiture proceeding as part of this arrest.

The arrest for drug trafficking is partially based on law enforcement’s suspicion that they have been committing these acts in several areas, including Hillsborough, Pinellas, Pasco, Hernando and Sumter Counties. Because these men hail from Floral City and Brooksville, this suspicion will certainly be investigated by several departments. This arrest was allegedly initiated by a “tip”. Any Florida Drug Trafficking Lawyer hired in this case will investigate this “tip” as it may be the product of a confidential informant, or “CI”, or through coercive or constitutionally illegal tactics by the Police.

Published on: October 9, 2008

DUI dismissed as a result of Sheriff’s Office Forgery

by Whittel & Melton, LLC

Josh Poltilove reports on Tampa Bay Online that a Hillsborough County Deputy Sheriff allegedly forged supervisors’ signatures on important DUI paperwork on two separate occasions. At least one DUI was dropped by the State Attorney’s Office as a result of the forgery.

The Internal Affairs investigation found that the Deputy Sheriff, Justin Speaks, committed six felonies–three counts of forgery and three counts of uttering a forged instrument– and conduct unbecoming to a member of the Sheriff’s Office. The IA report alleges that Speaks forged Sgt. William Porter’s name and initials on a DUI report this year and that Speaks previously forged Sgt. Ron Harrison’s initials on a different DUI report and Sgt. Richard Figueredo’s initials to an HCSO supplement.