Marion County

Published on: October 2, 2018

Ocala Students Arrested for Marijuana-Laced Treats

by Whittel & Melton, LLC

Three high school students were arrested on campus Thursday on Ocala and accused of possessing marijuana-laced cookies/brownies.

Two of the students are 17, and the third is 18. Each is charged with possession of marijuana more than 20 grams. One of the younger teens has an additional charge of possession with intent to sell.

According to school resource officers, there was a fight at the school which lead to the students backpack being searched. Inside the bag were Rice Krispie treats that included marijuana, a report said.

The school resource officers and school officials later recovered two other bags that police said belong to the three students. Inside the bags were Fruity Pebbles marshmallow squares and cookie/brownie squares that contained marijuana, the report said.

While possessing 20 grams of weed might not look like much, a possession charge in Florida for that amount carries harsh penalties, even for a first time offense. Amounts equaling or larger than 20 grams indicate the possibility of the intent to sell marijuana, and carries a much more significant punishment. Possession of marijuana more than 20 grams is classified as a third-degree felony under Florida law, which is punishable by five years in prison and a $5,000 fine.

While drug cases involving minors are usually handled in juvenile court, the decision is ultimately left up to the judge. If a judge feels the minor exhibited especially heinous behavior, or if the juvenile has a criminal history and has been given opportunities to change in the past, they will likely be sent to adult court and processed as if they were over the age of 18. Florida leads the nation in number of juveniles sent to adult court to be processed. Because of this, you need to enlist the help of our Ocala Marijuana Drug Crimes Attorneys at Whittel & Melton. We specialize in juvenile cases and can help your child defend their reputation.

Published on: October 9, 2017

Marion County Teacher Assistant Charged with Molesting Student

by Whittel & Melton, LLC

A Marion County teacher assistant was recently charged with molesting a middle school student, according to Marion County Sheriff’s Office.

The 36-year-old is being charged with lewd or lascivious molestation.

The Marion County Sheriff’s Office said she allegedly admitted to investigators that she had sexual contact with a then 14-year-old student.

According to the sheriff’s office, she was working as a paraprofessional teacher’s assistant at the school at the time when she met the student. Marion County Public School officials say she has been removed from the classroom and is on paid administrative leave.

The investigation started in July of 2017 when a Marion County Sheriff’s Office deputy found a suspicious vehicle in a church parking lot.

According to investigators, the deputy found the woman alone and partially clothed.

Authorities claim the woman made statements about having a relationship with an 8th grade student.

Investigators said the teen told them he was with the woman in the parking lot that night, but he ran away when he saw the deputy.

She was released on $5,000 bond.

If you have been arrested for child molestation, you need to consult with a Marion County Criminal Defense Lawyer at Whittel & Melton right away. We can provide you with the aggressive defense you need to fight the sex crimes charges against you. As trial attorneys, we have decades of experience and a solid understanding of sex crimes defenses throughout the state of Florida. We can put our experience to work for you and develop an aggressive defense strategy for your child molestation charges.

Published on: August 1, 2016

State Drops Charges, Blair Quits Marion County Sheriff’s Race

by Whittel & Melton, LLC

Suspended Marion County Sheriff Chris Blair has dropped out of the race for re-election and has entered into a deferred prosecution agreement with the State Attorney’s Office to drop perjury and official misconduct charges against him.

Under the agreement, which Blair signed on Thursday, he will continue to receive his pension from the state retirement system and the state will not proceed with the charges against him that came from his time as sheriff. Also, the federal government does not presently consider him a person of interest or have any plan to file criminal charges against him.

Blair’s letter to Wesley Wilcox, supervisor of elections, reads: “Having duly qualified for election for the office of Sheriff of Marion County, in the Republican Primary and General Elections of 2016, I hereby immediately and irrevocably withdraw my candidacy for the office of Sheriff of Marion County.”

Blair also sent a letter to Gov. Rick Scott’s office, which said: “Having been suspended from office on May 20, 2016, I hereby immediately and irrevocably resign from the office of Sheriff of Marion County.”

Blair, who had been sheriff since he took the oath of office in January 2013, had to leave office on May 20 after he was arrested and charged with two counts of perjury and one count of official misconduct. If convicted of the charges, he faced five years for each charge along with a $5,000 fine for each offense.

Blair’s charges resulted from his account of the 2014 arrest of a man. At least one deputy has admitted beating the suspect following a shootout and after the suspect left his northwest Marion County home. The suspect, who was later convicted of attempted murder, was unarmed and compliant at the time of his arrest; he has a federal civil rights case pending against Blair and several deputies.

Although Blair later swore, on a signed affidavit submitted for that federal case and in testimony in front of a grand jury, that he did not see the suspect face to face after the arrest, a video recorded at the scene shows deputies walking the suspect directly past Blair. A grand jury indicted Blair in May.

The court documents signed Thursday by Blair states that he did not admit or deny “the ultimate facts that gave rise to the charges” and “the agreement is made in my own best interest and enables me to dispose of the charges without risk of conviction and sentence.”

Published on: March 31, 2016

Whittel & Melton Fight For New Trial For Man Convicted of Child Molestation in Marion County

by Whittel & Melton, LLC

An Ocala man continues to wait in custody for a judge to decide whether he deserves a new trial. It has been more than six months since his conviction.

The 29-year-old maintains his innocence of the two charges for which a jury found him guilty in an early September 2015 trial: lewd and lascivious molestation of a child and burglary of a dwelling with battery.

The charges arose from a June 2014 call to the Ocala Police Department, in which a concerned grandmother relayed her granddaughter’s story that the man had come into her room during the night and rubbed his genitals over her shorts.

The man is well known to the girl, who was 10 years old at the time, and her family. He said he is close friends with the girl’s mother and was a regular visitor to the Ocala home the three generations of women shared.

The man has been challenging his conviction by petitioning for a new trial.

While the judge denied his first motion for a new trial, filed by the public defender who represented him at trial, his second motion is pending and was the focus of a hearing this week. During the hearing, the girl changed her story to some extent, recanting the part of her original testimony that related to the molestation charge.

The judge is expected to decide on the motion at a hearing set for 10 a.m. April 29. Should the man be granted a new trial on both charges, he could be released from the Marion County Jail as he waits for the new trial.

The man’s first motion for a new trial highlighted a new finding in jury conduct: one juror informed the man’s public defender that she did not know she was allowed to disagree with the other jurors, according to the motion. The public defender polled the all-female jury. Two jurors changed their verdicts, prompting more deliberation and an eventual consensus around a guilty verdict.

William Sheslow, of Whittel & Melton, LLC, was hired by the man after his trial and has pursued a different avenue in a second motion for a new trial. Sheslow argued that the man deserves a new trial based on a notarized statement from the victim’s mother, in which she wrote that her daughter told her after the trial that the man had never molested her. Sheslow also pointed out an antagonistic relationship between the mother and the public defender in the original trial, which he said would have prevented the public defender from obtaining this information.

The antagonistic relationship stemmed from an unrelated case, in which the mother was a victim and the public defender represented the defendant (who was not the man convicted in this case).

Sheslow presented this motion before the judge in November, and the judge requested that he subpoena the mother so he could gauge her credibility at a future hearing before making a decision. That hearing came Monday, when court records indicate the mother, the grandmother and the now 12-year-old girl all testified. The public defender testified as well.

Sex crimes, especially those believed to have been committed against a child, are taken very seriously by courts, as this case shows. The truth is that these cases often rely on the alleged victim’s testimony against the word of the accused. Sadly, testimony from a child is not always an accurate account of what truly happened, and prosecutors will push for a conviction regardless of what evidence is available.

A Florida Criminal Defense Lawyer at Whittel & Melton knows that sometimes mistakes are made during a criminal trial that can lead to wrong decisions being reached. Fortunately, Florida law provides for legal remedies to correct an improper conviction or sentence. A motion for a new trial may allow you to have your case heard again, but by a different jury.

Published on: December 30, 2015

Don’t Get Arrested for Using Fireworks in Florida On NYE

by Whittel & Melton, LLC

The new year is quickly approaching, and thousands of Floridians have made plans or are starting to think about how to say goodbye to 2015 and ring in 2016.

But before you solidify your New Year’s Eve plans, fire officials have some tips for residents and visitors when it comes to fireworks.

“Anything that is projectile or leaves the ground is illegal in the State of Florida. Basically your safest bet is with a sparkler,” said Natalie McQueen, a Firefighter and Paramedic for the Panama City Beach Fire Department.

Even though sparklers are allowed in the Sunshine State, residents and visitors still need to exercise caution when using them.

Younger children should never light or handle sparklers. Parents should maintain a close watch on kids at all times if sparklers are going to be used. Burns are very common to the hands and face since sparklers do have flickers that come off once they are lit.

If you are using sparklers, after you are done with them, fire officials say to place them in a big bucket full of water, and let them sit overnight.

While setting off your own fireworks might seem fun, our Florida Criminal Defense Lawyers at Whittel & Melton want to remind everyone that the best way to stay safe while ringing in the New Year is leaving the fireworks to the pros. If you are caught with fireworks in the State of Florida it could lead to misdemeanor charges.

Under Florida law, the use of or possession of illegal fireworks is a first-degree misdemeanor. If you are accused of breaking this law, please be aware that you will be arrested. If you are convicted of this crime, you can be sentenced to up to one year in jail, given up to one year on probation, and/or fined up to one thousand dollars.

Published on: December 18, 2015

Ongoing K2 Crackdown in Ocala Yields 3 Arrests

by Whittel & Melton, LLC

Police said they arrested three suspected drug dealers on Thursday after a tip led them to a home where K2, an illegal synthetic marijuana, was being sold.

Police officials, including the multi-agency Unified Drug Enforcement Strike Team, continue to crack down on the local sale and possession of K2, which has sent dozens of people to the hospital and caused problems to several neighborhoods since late last month.

One of the three taken into custody had been arrested on Dec. 3 on principal to sale of synthetic marijuana. The man, who had been released from the Marion County Jail on Dec. 9, now faces a charge of possession of synthetic cannabinoids with intent to sell.

When arrested Thursday, the man was sitting in a vehicle and that contained K2, and the drug was near him, according to drug agents.

Agents also arrested a 27-year-old woman on charges of possession of synthetic cannabinoids with intent to sell, possession of marijuana under 20 grams and possession of drug paraphernalia.

The third person arrested, a 39-year-old man, was detained as he walked away from the home, according to reports. He faces charges of for sale of synthetic cannabinoids and possession of synthetic marijuana less than three grams.

Authorities allegedly recovered 56 bags of synthetic marijuana and regular marijuana. The synthetic marijuana will be sent to a laboratory for testing, officials said.

Since late November, Ocala Fire Rescue and Ocala Police Department officers have responded to K2-related incidents at several locations, primarily at the Salvation Army compound near downtown, in Tuscawilla Park and along Northeast Eighth Avenue, on calls about people “acting weird.” The behaviors have included people being violent, getting into fights and having seizures.

Officials said some of those affected were taken to hospitals and others were taken to mental health facilities under the Baker Act, which allows authorities to intervene if people are considered a danger to themselves or others.

Fire and police officials estimated more than 40 people have been affected in some way by the drug. No deaths have been reported. Police officials believe the synthetic marijuana has been tampered with or laced with a more harmful chemical that causes people to have an adverse reaction and requires medical attention.

In response to the spike in medical calls and the ongoing investigation, OPD has deployed extra officers to some areas.

So far during the crackdown, 10 people have been arrested on K2-related charges.

K2, which goes by numerous other names, is a substance that mimics the effects of marijuana. Manufacturers are able to do this by taking a mixture of herbs and spices and spraying them with a synthetic chemical that has a similar structure to THC, which is the active ingredient in marijuana. Florida and other states across the country have been cracking down on K2, and some states have even banned this drug. If you have been arrested for possession, sale, or distribution of K2, talk to a Drug Crimes Defense Lawyer at Whittel & Melton today.

Some other common names for K2 include:

Spice
Black Mamba
Bliss
Bombay Blue
Genie
Zoha

Published on: November 25, 2015

Avoid a DUI & Criminal Penalties Thanksgiving Weekend

by Whittel & Melton, LLC

Thanksgiving is a time of year when families get together to celebrate memories and honor traditions. However, this is also the time of year when law enforcement agencies gear up to catch drunk drivers on our roadways.

Most law enforcement agencies, receive federal grants to increase their staffing levels during the holiday season, which typically begins with the four-day Thanksgiving weekend and continues to New Year’s Day. Arrests for DUI are highest during this time period.

The following are a few tips that may prove helpful to avoid a Thanksgiving DUI:

Do not drink and drive. If you have been drinking, call a cab, a friend or use a ride share app like Uber or Lyft to get home safe. If you know you will be drinking, designate a sober driver to take you home.
If you are pulled over, do not talk to law enforcement about where you were or what you were doing. Remember, you have the right to remain silent until you have your lawyer present.
If you are involved in an accident, stop immediately and remain at the scene. Do not admit to anything and request to speak with a lawyer as soon as possible.
Do not fall asleep inside your vehicle. You could get arrested if the officer observes that you have the keys in the ignition or if the engine is running.
Drive cautiously. Police will be closely monitoring motorists for any mistakes they make. In particular, they will be on the lookout for motorists who may be driving too fast or too slow, or running red lights or failing to stop at stop signs.

Published on: October 27, 2015

Body Cam Video Contradicts Marion County Deputies’ Statements

by Whittel & Melton, LLC

Newly released footage from a body-worn camera contradicts statements two Marion County deputies made just two days after they were suspended with pay, according to the State Attorney’s Office.

The two deputies were suspended after officials learned of possible officer misconduct in regards to how they executed a search warrant.

The deputies searched a Marion County hotel after receiving word that a suspect, wanted on a warrant, was at the property. The incident lead to a search and seizure situation.

One of the deputies wrote in the arrest affidavit that when he arrived to the suspect’s room, he knocked on the door and identified himself as a member of the Sheriff’s Office.

But footage from a body-worn camera apparently tells a different story.

“Maintenance. I know you have the do not disturb sign, but I need to come in,” the deputy said. “Maintenance. Are you available?”

Deputies said they discovered drugs and a stolen gun inside the room. The suspect was later spotted in the lobby and arrested.

The body-camera evidence could be enough to destroy the case against the suspect as well as end the two deputies’ careers.

One of the deputies has been employed by the MCSO for 12 years and the other for nine years.

The suspect remains in jail.

Both the Sheriff’s Office and the State Attorneys’ Office are investigating the incident.

The use of police body cameras in this case is obviously playing a major role. A video log of the actual event is clearly shown, documenting what occurred during an arrest, including the dialogue between the arresting officer and the suspect. This type of footage is extremely important when it comes to criminal defense. The footage from a body camera worn by an officer will show if the criminal defendant’s rights were infringed upon and will show for certain if they were properly Mirandized as required by law.

Published on: March 2, 2015

Ocala Man Arrested on Child Pornography Charges

by Whittel & Melton, LLC

According to the Marion County Sheriff’s Office, police arrested an Ocala man Friday morning on 20 counts of possession of child pornography.

The 51-year-old man turned himself in at the Marion County Jail and was booked in at 10:45 a.m., according to the Sheriff’s Office.

He declined to speak with detectives.

The police began investigating the case after a tip from the National Center for Missing and Exploited Children and the North Florida Internet Crimes Against Children Task Force.

Police believe the man possessed child pornography and had transmitted it through his email for several years, according to a Sheriff’s Office news release.

On Tuesday, authorities executed a search warrant at the man’s home where they seized several computers and cellphones containing “hundreds of child pornography images.”

The man was being held at the Marion County Jail on Friday in lieu of $200,000 bond.

Published on: December 30, 2014

Tips for Avoiding a DUI this New Year’s Eve

by Whittel & Melton, LLC

You want to avoid getting arrested for DUI in Florida on New Year’s Eve and “becoming a statistic.” New Year’s Eve is a holiday that it is both cause for celebrating and relaxing. After the stress of getting ready for Christmas, people usually take this time to enjoy the end of the holiday season and contemplate their goals for the new year. However, because this is the last holiday of the year, there tends to be an increased number of people who drive under the influence of alcohol or drugs. Listed below are several tips to help drivers avoid a DUI this New Year’s Eve.

Limit Drinks

If you are at a party that has an open bar, and you know you are driving, know exactly how many drinks you are having so that you can watch your personal limit. Remember that once you start drinking it can be difficult to stop yourself from having too many. Be mindful of the exact amount you have had to drink.

Call a Cab or Uber or Lyft

Public transportation can save many people from DUI-related accidents and arrests. Save the number of a local cab company in your phone, use a ride share app on your phone or attend parties or social gatherings close to a bus route.

Don’t Go Solo

Don’t go to a party or social gathering by yourself. Bring along at least one other friend and make sure to determine who the designated driver is for the entire group before any alcohol is consumed.

Eat!

While many people have New Year’s resolutions about weight loss, New Year’s Eve is one of those nights where you should eat. Food fills the stomach, making less room for alcohol. Try to snack on foods like meats or dark chocolate, which are known to keep you fuller longer.

Offer Alternative Drinks

If you are hosting a party, include “mocktails,” sodas, punch, or even just water on your drink menu.

Make Accommodations for Guests

If you know your guests have a far trip ahead of them, arrange for them to stay with you or at a nearby hotel. That way, no one drives home drunk.

Leave the Party Early

New Year’s Eve is one of the busiest nights of the year. You can expect delays for taxis and other modes of public transportation, so be prepared. Leaving your party or social gathering early can also ensure that you get home safely and at a reasonable hour.