Marion County

Published on: December 17, 2008

Two Fort McCoy men charged with stealing 16 guns from home

by Whittel & Melton, LLC

Sheriff’s detectives arrested two juveniles Friday night in connection with a home burglary where 16 guns were taken from a Fort McCoy home. The Ocala Star Banner reports that the juveniles lived down the street from the burglarized home.

Not long after the burglary was reported, detectives talked with witnesses who told them they heard gunshots in the neighborhood and saw one of the juveniles firing shots into a tree. One woman said she saw a car pull into the juvenile’s driveway and believing it was strange, she wrote down the tag number, which she gave to detectives. Detectives tracked down the car’s owner who lead them to the perpetrators.

The guns, valued at nearly $17,000, included rifles and handguns. The boys were charged with armed burglary and grand theft, and one of the accomplices was also charged with possession of a firearm by a convicted felon.

Published on: December 5, 2008

Man charged with DUI after rear-ending Marion County deputy

by Whittel & Melton, LLC

Ocala.com reported today on a Marion County Sheriff’s deputy’s vehicle that was rear-ended in Silver Shores late Wednesday night. The 62-year old man was charged with driving under the influence.

Officials say Deputy Pam Race had stopped at the intersection of Dogwood Road and Baseline Road when Robert Dalton failed to stop and struck Race’s vehicle in the back. The deputy was not injured but the damage to her vehicle was estimated at $2,000. Florida Highway Patrol officials said the driver refused to submit to a draw blood or a breath test. Officials detected alcohol on Dalton’s breath and believe he may have been under the influence.

Refusing to submit to a breath test can cause your driver’s license to be administratively suspended, as can a DUI arrest. However, in some situations, these suspensions can be set aside. If you have been arrested for DUI, it is imperative that you contact a lawyer promptly, as challenges to driver’s license suspensions must be made within 10 days of arrest.

Published on: September 15, 2008

Ocala Man Sentenced to Life in Florida Prison for Rape

by Whittel & Melton, LLC

Despite the Marion County State Attorney’s Office offering forty years Florida State Prison and the defendant’s Florida Felony Score Sheet permitting a lower sentence of eleven years, a Circuit Judge in Ocala sentenced a man to life imprisonment this past week.

Under the advice of the assigned Public Defender to his case, the defendant who was charged with burglary, sexual battery and theft chose to “plea open” to the court with no specific resolution agreed to– apparently hoping for a lenient sentence from the court. Often times the court will look to the Florida Felony Score Sheet for guidance in this type of situation. Prosecutors use the formula in score sheets to determine whether a person’s charge and criminal history requires the court to impose prison time, the amount of prison time or to determine if jail or probation is allowed by law. But as this man and his Public Defender found, the score sheet was merely the start of the process. Although the score sheet in this case permitted a prison sentence of eleven years, it also permitted life. The judge chose to sentence life in prison.

Published on: August 15, 2008

Karaoke Causes Jealous Ocala Woman to Commit Attempted Murder

by Whittel & Melton, LLC

After being found guilty of attempted second-degree murder, aggravated battery and criminal mischief, an Ocala woman faces upwards of 35 years–with a minimum mandatory sentence of seven years– in state prison. This will be a tough pill for the Ocala defendant to swallow as, according to Suevon Lee from the Ocala Star-Banner, prior to trial the Marion County State Attorney’s Office extended a plea offer of five years state prison.

Oddly enough, the charges related to the attempted murder of the Ocala woman’s ex-husband who had been spotted signing Karaoke in the park with another woman. Later that day, the defendant ran her ex-husband over with a car while he was sitting on a friend’s front porch enjoying a cold beer. Apparently, although the couple had been divorced, prior to the incident they had been staying with each other.

It is unclear whether the victim’s music selection or his choice of female companionship motivated the defendant to take the action she did. Regardless, I have always warned friends and colleagues that nothing good can come of karaoke as “good” and karaoke cannot possibly co-exist. Ocala criminal lawyer Whittel & Melton, LLC urges all Karaoke singers and audiences to practice safe Karaoke- namely to perform with one eye on the lyrics and the other on oncoming traffic.

Published on: July 21, 2008

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

by Whittel & Melton, LLC

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

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

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