Miami-Dade County

Published on: August 20, 2014

Chris Kattan Gets Probation for Drugged-Driving DUI

by Whittel & Melton, LLC

Former Saturday Night Live funnyman Chris Kattan received his sentence six months after he was arrested on suspicion of a DUI.

The 43-year-old comedian is required to pay a $500 fine, attend a three-month alcohol program, 104 Narcotics Anonymous classes, and will be on probation for the next three years, according to reports. Moreover, he is banned from driving with any drugs in his system, unless he has a valid prescription, and has been ordered to participate in the Hospital and Morgue Program, which is designed to show people the potential tragic consequences of their reckless behavior.

The Night at the Roxbury star was arrested in mid-February early in the morning after he crashed his Mercedes into a Department of Transportation vehicle that was parked on the side of a Los Angeles freeway doing maintenance work. While no one was injured in the accident, Kattan did fail a field sobriety test and was arrested and booked into the Van Nuys jail. He was released a short time later on a $15,000 bond.

Since receiving his sentence, Kattan has not commented on the incident.

The case is not completely settled just yet. Next month, a restitution hearing will be held to determine how much money Kattan owes the state for damage to the truck he hit.

DUI charges for driving under the influence of drugs are usually treated just the same as DUI charges stemming from alcohol use. There is one difference between the two, which is how police measure impairment. For an alcohol-related DUI, police usually measure a driver’s blood alcohol concentration using a Breathalyzer device or blood test and then compare the results to the legal limit, 0.08 percent. For a drug-related DUI, the methods law enforcement uses to determine impairment is much more subjective.

Police commonly rely on observations made during field sobriety tests, which allows an officer to observe a suspected DUI driver’s attention level, state of mind, balance, physical ability and other factors that the officer then will use to decide whether the suspect is impaired. While the presence of drugs can be found using blood tests, the existence of drugs in a person’s blood stream may not solely be an indicator that a person was driving under the influence of the substance.

Published on: July 1, 2014

159 New Laws Begin in Florida Tuesday

by Whittel & Melton, LLC

Florida will have 159 new laws starting Tuesday that address various issues, including college tuition, corporate tax credits, abortions and sex offenders.

One of the most prevalent laws is one that aims to protect children and others from dangerous sex offenders. The laws are intended to keep the most violent sexual offenders locked up longer and close any loopholes in a law that allows the state to send predators to a high-security treatment center once they have served their time in prison. The new laws will subject more offenders to potential civil commitment and prosecutors, detectives and victim advocates will be part of the committee that reviews their cases.

The sexually violent predator package of bills was among the first of the legislature sent to Gov. Rick Scott during the 60-day session that ended in May. The new laws are meant to create a better child welfare system in Florida. As of now, Florida is the only state in America that has a 50-year mandatory minimum prison sentence for violent sexual offenders.

Another law that seeks to protect children concerns the Department of Children and Families. The law changes how the department investigates and responds to cases; now placing a higher emphasis on shielding a child from abuse rather than focusing on keeping a family together. Moreover, the law also pays for 270 additional child protective investigators so that caseloads can be reduced and a response team can be sent out quickly to investigate child abuse deaths when the child had previous dealings with the system.

Another law will establish a statewide pilot program to pay for foster children’s driver’s education classes, license fees and car insurance so that they can be better prepared to gain employment when they turn 18 and leave the system.

The children of immigrants in the country illegally will now be able to receive in-state tuition at state universities after Scott changed his position on the issue. Another bill will give tuition breaks to honorably discharged veterans as well as waive professional licensing fees for them.

Local school boards now have the responsibility of selecting textbooks, whether or not they are on a state-adopted list, and will be required to put policies in place that allow parents to object to the books they choose.

Another new law took effect on June 20 that expands a voucher program, giving corporate tax credits to companies that provide money for low-income families to send their children to private schools.

As far as criminal laws go, there will be increased penalties for spiny lobster poachers, people leaving the scene of an accident that causes injury and people who illegally sell prescription drugs. Additionally, electronic cigarette sales to minors are now illegal in Florida. Another law forbids sending text messages soliciting products to residents on the state’s “no sales solicitation calls” list.

Florida has also changed its definition for its late-term abortion ban. Abortions will be illegal in Florida at any stage in a woman’s pregnancy if her doctor concludes that the fetus could survive outside the womb. The previous law banned abortions after 24 weeks of pregnancy. An exception can be made to this law if the mother’s life is at risk.

Lastly, new laws will create a Florida Tourism Hall of Fame and the position of state poet laureate to promote poetry in Florida.

Laws across the United States are constantly changing. When you have been accused of committing a crime in Florida, only a Florida Trial Lawyer at Whittel & Melton can provide you with the legal representation that you need. While many attorneys are quick to negotiate with prosecutors to obtain a plea bargain instead of pursuing trial, our Florida Criminal Attorneys know that sometimes trial is the best option for your situation. We thoroughly evaluate every case and will always advise you of your best legal defense strategy.

Published on: May 12, 2014

Man Sues Over ‘COPSLIE’ License Plate Rejection, Supreme Court Rules in His Favor

by Whittel & Melton, LLC

On Wednesday, New Hampshire’s highest court ruled that the state infringed the free speech rights of a man who wished to have “COPSLIE” on his license plate.

The state Supreme Court agreed with the arguments of the man in a unanimous decision.

The man said he wanted the vanity plate to protest “government corruption.”

Published on: April 17, 2014

Miami Criminal Defense Lawyer :: Convicted Child Abuser Wanted for Posing as Attorney and Stealing $70,000

by Whittel & Melton, LLC

Investigators believe that a 44-year-old convicted child abuser on probation until 2026 passed himself off as a lawyer and conned a convict’s family out of $70,000.

Police claim the man has now vanished. State agents looked to arrest him this week on charges of grand theft and practicing law without a license.

The man is on probation for aggravated child abuse after serving two years behind bars.

According to the Florida Department of Law Enforcement, the man promised he could free a prison inmate currently serving a 27-year sentence for a 1999 kidnapping in less than 90 days.

The inmate’s relatives hired the suspect after meeting him through an uncle, whom the suspect represented on a traffic ticket last fall, according to police.

The suspect allegedly told the family that he had arranged a deal with prosecutors who agreed to have the inmate’s case vacated.

The family apparently paid the man a total of $70,000.

According to reports, the suspect claimed his law partners were real-life attorneys who actually represented him in 2007 on a sexual battery on a minor charge that was later reduced as part of a plea deal.

The suspect promised that the inmate would be released in 90 days, according to the warrant.

The family became suspicious of the suspect and contacted the attorneys that the man had listed as his partners.

One of the attorneys contacted his former client asking for an explanation, and the suspect allegedly told him he was working undercover as part of a FBI investigation into corruption into the State Attorney’s Office.

FDLE agents became aware of the man’s activities and uncovered that he had offered his legal services to another man facing criminal charges, but the man refused to sign the paperwork.

Various occupations require people to obtain licensure before they can practice in that specific profession. Licenses are required for many occupations, including attorneys, nurses, engineers, physicians, social workers, real estate agents, accountants and many others. Anyone without a proper license who attempts to engage in one of these professions commits the crime of practicing without a license.

As this case shows, practicing without a license is usually accompanied by additional charges, such as theft or fraud. The charges this man is facing are quite serious. When the value of stolen property is between $20,000 and $100,000, a person can be charged with a second-degree felony for grand theft. This crime is punishable by up to 15 years in Florida state prison and $10,000 in fines.

Published on: April 11, 2014

Miami Sex Crimes Defense Lawyer :: Miami PD Investigating 49ers’ Kaepernick, 2 Other NFLers for Alleged Sexual Assault

by Whittel & Melton, LLC

San Francisco 49ers quarterback Colin Kaepernick is currently being investigated for a possible sexual assault that occurred earlier this month in Miami, according to a report.

Reports indicate that the investigation is in its beginning stages. No charges have been filed yet.

The Special Victims Unit is apparently looking into the allegations.

According to Miami police, they are investigating a “suspicious incident” that also involves 49ers receiver Quinton Patton and Seahawks receiver Ricardo Lockette.

The report alleges that the three players and an unnamed woman were drinking and smoking marijuana from a bong at Lockette’s apartment at the Viceroy Hotel on April 1 when the woman, who claims she had a prior sexual relationship with Kaepernick, felt light-headed and went to lie down in a bedroom.

The woman apparently told police that Kaepernick joined her in the bedroom and undressed her, but the two did not have sexual relations. Patton and Lockette allegedly “peeked” into the bedroom and she told them to leave.

The report states that the woman woke up in the hospital the next morning with no further memories from the night before and was unaware of how she ended up in the hospital.

If you or someone you care about is under investigation or has been arrested or charged with sexual assault in Miami-Dade County, a fundamental piece of an effective defense strategy is to hire an experienced criminal lawyer to represent you. A Miami-Dade County Sex Crimes Defense Attorney at Whittel & Melton can investigate every shred of evidence against you and develop a powerful and aggressive line of defense in order to achieve the best possible outcome for your case.

People charged with sexual assault or other types of sex crimes face harsh judgments from the public and the media and must face hostile prosecutors. Unfortunately, most people are quick to jump to conclusions in these cases and are all too willing to believe the worst about those accused of sexually motivated crimes. At Whittel & Melton, we know firsthand that not all people accused of sex offenses are actually guilty of the charges stacked against them. We believe that those accused of sexual offenses deserve a fair trial and the best possible representation.

Published on: April 7, 2014

Miami-Dade County Federal Criminal Lawyer :: South Florida Pill Mill Doctors Sentenced to Prison by U.S. Federal Judge

by Whittel & Melton, LLC

On Friday, a federal judge sentenced a south Florida doctor to more than six years in prison for her involvement in writing prescriptions for thousands of painkillers to addicts and drug dealers.

She was convicted of money laundering.

In July of 2013 a jury acquitted the 43-year-old woman and a 74-year-old man on charges that their roles in a chain of South Florida pain clinics led to the deaths of nine patients. They both faced up to life in prison and $2 million in fines.

The doctors and their defense team fought to prove that they were unaware of the conspiracy and were practicing medicine in line with state standards, which allow licensed physicians to dispense opioid pain pills without fear of punishment.

However, the jury convicted the pair of money laundering for their role in the “pill mill” scheme.

A U.S. District Judge sentenced the female doctor to 78 months in prison, while the man received 18 months. Both must also pay $10,000 in fines.

The woman’s lawyer says they plan to appeal the conviction.

The two doctors’ trial ended a four-year operation that targeted a slew of South Florida pain clinics that resulted in racketeering charges against 32 people in 2010.

The clinics owner is currently serving more than 17 years in prison and his brother and co-owner is serving more than 15. Both brothers testified on the government’s behalf.

At one point in time Florida had 90 of the top 100 oxycodone-purchasing physicians in the nation and 53 of the top 100 oxycodone-purchasing pharmacies.

The majority of these pills were pushed up the East Coast and sold at high markups in rural communities reaching from northern Alabama to western Pennsylvania. Interstate 95 was actually nicknamed Oxy Alley by dealers who frequently drove hundreds of miles to South Florida to buy cheap pain pills.

Florida law enforcement has been trying hard to crack down on the epidemic of prescription drug abuse within recent years. However, the restriction on painkillers has led to more heroin abuse.

Deaths from heroin rose 89 percent in Florida, from 62 in 2011 to 117 in 2012, according to a report by the National Institute on Drug Abuse. According to reports, the heroin problem in south Florida has reached epidemic proportions.

Money laundering is a very serious federal crime that entails taking unlawfully obtained money and working to incorporate it so it appears to come from a lawful source. In general, money laundering involves a string of various financial transactions and multiple bank accounts. Today’s technology only makes these cases that much more complex, oftentimes complicating paper trails and making many Internet transactions harder to trace.

Published on: December 9, 2013

Miami-Dade County Criminal Defense Lawyer :: Hialeah Woman Accused of Having Sex with 15-Year-Old Boy

by Whittel & Melton, LLC

A 24-year-old Hialeah woman was arrested Tuesday and charged with having sex with a 15-year-old boy, according to police.

The woman was charged with two felonies, including lewd and lascivious battery on a minor and contributing to the delinquency of a minor.

Police claim the woman knew the victim as he is allegedly related to her jailed boyfriend.

According to a police report, the victim stated that the woman entered his locked bedroom uninvited on Nov. 25 just shortly before 2 a.m. and “enticed him to have sexual intercourse with her.” She allegedly performed oral sex on the boy.

The report also indicates the boy told police “since he was a virgin, he felt intimidated by the defendant.”

The boy also told police the woman smokes marijuana and offered it to him, but he refused. He claims she asked where she could buy “Mollies, marijuana or cocaine.”

The woman allegedly admitted to having sex with the boy during police questioning.

Lewd and lascivious battery, also known as statutory rape, is defined in the state of Florida as any sexual activity with a child older than 12, but younger than 16 or encouraging, forcing, or enticing a child older than 12, but younger than 16 to engage in any sexual act. This sex crime is classified as a second-degree felony, and a first time offender convicted of this offense faces very serious consequences, including up to 15 years in prison.

Published on: March 25, 2013

Florida Criminal Defense Attorney :: Law enforcement plays prank on prosecution

by Whittel & Melton, LLC

Police are under investigation for jokingly filing in a witness statement in the name of a force dog.

Officers in the UK became exasperated when prosecutors asked for an account of a crime from a “PC Peach'” not realizing Peach was the name of a police dog. So they completed the form as if it had been written by the K-9, and signed it with a paw print.

The dog’s statement read: ‘I chase him. I bite him. Bad man. He tasty. Good boy. Good boy Peach.’

Published on: February 18, 2013

Florida Identity Theft Attorney :: Feds Focused on Florida as a Hotbed for Tax Identity Theft

by Whittel & Melton, LLC

Investigative news reports are claiming that Florida is the new hotbed for tax identity fraud in the United States, concentrated mostly in Tampa and Miami.

According to the report, Miami has 46 times the per-capita rate of false tax refund claims than the rest of the country, and 70 times the national average in terms of dollars.

Florida’s high proportion of older residents, who may be more vulnerable to fraud, may be one reason for the high levels of fraud in the state. Victims in Florida have varied from hospital patients, to Holocaust survivors at an elderly Jewish community center, as well as active duty military serving overseas.

Published on: September 18, 2012

South Florida Man Facing Various Fraud Charges for Allegedly Filing False Claims with BP Oil Spill Fund :: Whittel & Melton

by Whittel & Melton, LLC

A Homestead, Florida man was charged Friday with several counts of mail, wire and access device fraud after allegedly filing false claims for thousands of dollars with the BP oil spill fund.

The man is currently being held without bail.

Prosecutors claim the man filed papers with the Gulf Coast Claims Facility falsely indicating he had worked for a Florida Keys business and had lost wages due to the 2010 oil spill in the Gulf of Mexico.

He apparently pursued a total of $37,000.

The man now faces several decades in prison for the charges stacked against him.

Fraud offenses are usually classified as “crimes of confidence.” Meaning, people are charged for these crimes for profiting from abusing the trust of another person or entity. While lacking the physical violence usually involved in most traditional crimes, white collar crimes such as wire, mail or credit card fraud carry severe punishments. If you have been charged with white collar fraud, a criminal defense attorney can analyze your case and advise you on how to best proceed given the circumstances.

Any crime utilizing U.S. mail or electronic communications, such as phones, Internet or e-mail can be considered mail or wire fraud. Both of these crimes are federal charges and carry harsh consequences. Both wire and mail fraud charges carry a 20 year prison sentence if convicted. If you are found guilty of defrauding a financial institution or federal agency, you can be sentenced to 30 years in prison. However, in order to obtain a conviction, prosecutors must be able to demonstrate that you knowingly and willfully attempted to defraud someone and that you intentionally used the mail or interstate electronic communication to purposefully commit a crime. Whether or not you were successful in completing the crime or defrauding someone else is irrelevant.