Miami-Dade County

Published on: August 8, 2012

Florida Airboat Captain Who Lost Hand to Gator Charged with Unlawful Feeding :: Whittel & Melton

by Whittel & Melton, LLC

A 63-year-old Florida airboat captain who lost his hand to a 9-foot alligator in June was recently charged with unlawfully feeding that same gator.

According to reports, the man was attacked in the Everglades while leading a boat tour for an Indiana family.

The family claims the man was holding a fish with his hand at the water’s surface when the gator attacked.

Following an investigation conducted by Florida Fish and Wildlife officers into whether the man provoked the attack, police arrested the man July 27.

The man was jailed and released after posting a $1,000 bond. He is scheduled to appear in court on Aug. 22.

Unfortunately, the man’s hand is gone forever. It was recovered from the stomach of the gator, but doctors were not able to reattach it.

While alligators are abundant in Florida, it is uncommon to hear of attacks by these animals. However, things can get dangerous anytime humans are in the presence of gators. Alligators are large, powerful, sometimes ill-tempered reptiles with lots of sharp teeth and strong jaws. Alligator bites have the potential to deliver devastating injuries and can even result in death. These bites can result in severe infections and the loss of limbs, so alligators should never be provoked.

Feeding an alligator is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. This man is not the only person who has been reprimanded by the law for allegedly provoking a gator recently. According to reports, six people were warned from Jan. 2011 to May 2012, and 13 were cited in Florida for feeding or luring an alligator. The State seems to be looking to make an example out of this man, so it will be interesting to see how this case plays out.

Published on: August 3, 2012

Two Indicted for Attempting to Sell Stolen Henri Matisse Painting to Undercover FBI Agents :: Whittel & Melton

by Whittel & Melton, LLC

A Miami resident and a Mexican national were indicted by a federal grand jury Tuesday for allegedly trying to sell a $3 million Henri Matisse painting to undercover FBI agents.

The duo is accused of attempting to sell Matisse’s “Odalisque in Red Pants” to undercover agents for $740,000 in a Miami Beach hotel room. They were arrested once the alleged deal was made on July 17.

According to reports, the painting was stolen from a museum in Venezuela in 2002 and swapped with a fake. One of the suspects apparently told police the theft had been an inside job.

The two were charged with transporting and possessing stolen property.

They are scheduled to appear for arraignment this week.

Possessing stolen property is viewed as a serious crime in Florida. While no news has surfaced whether the pair will be charged with the original theft of the painting, charges of dealing in stolen property can carry harsher punishments than any theft charge. Depending on the specific set of facts surrounding the case, dealing in stolen property can be charged as a first or second-degree felony. Second-degree felonies in Florida carry mandatory prison terms, and this duo could each face up to 10 years in prison if convicted of the crime.

Published on: May 2, 2012

Florida White Collar Crime Defense Lawyers Whittel & Melton :: FBI Undercover Bust Results in the Arrest of Three Former Football Players

by Whittel & Melton, LLC

Two ex-NFL football players and a former high school football star were arrested in an undercover operation set up by FBI agents Monday for allegedly cashing dozens of fraudulently obtained tax-refund checks and seeking a loan, totaling hundreds of thousands of dollars.

FBI agents apparently set up a check-cashing store “front” in Miami as a response to the escalating number of reported identity-theft crimes in South Florida and nationwide. The FBI claims the bust was designed to prevent an alleged identify-theft and tax-refund scheme.

The men arrested include: William Joseph who was drafted in the first round by the New York Giants in 2003 and last played with the Oakland Raiders in 2010, Michael Bennet who also was drafted in the first round by the Minnesota Vikings in 2001 and finished his career with the Raiders in 2011 and Louis Gachelin, a Miami Jackson High and Syracuse University defensive lineman who signed as a free agent with the New England Patriots in 2004, but failed to make the final roster.

The former football players, Joseph, 32, of Miramar, Gachelin, 31, of Miramar, and Bennett, 33, of Tampa were granted bonds Tuesday. Arraignments are apparently scheduled for May 15.

The sting operation yielded five other arrests Monday as well.

Joseph, Gachelin and those five defendants were charged with cashing a total of about $500,000
in fraudulently obtained tax-refund checks, forging signatures on the checks and unlawfully using identification documents such as a driver’s license.

As part of the undercover sting, the FBI apparently charged 35 percent to 45 percent in fees to cash their checks with the bureau’s own funds.

Bennet allegedly tried to obtain a $200,000 loan on April 18 from the check-cashing store front using a UBS financial statement falsely showing that he had $9 million in collateral for the loan. He was charged with wire fraud.

The FBI claims fraudulently obtained tax refunds are costing the government $5 billion or more.

According to the U.S. Government Accountability Office, people filing false tax returns have abused a hole in the IRS electronic filing system.

It appears that the IRS does not actually match tax returns to the W-2 income forms that employers file until several months after the filing season ends on April 15. Employers file returns at the end of February or early March, but the agency apparently does not match them up with employees’ incomes reported on 1040 forms until sometime in June.

According to the GAO, the number of identity theft-related fraud incidents on tax returns reached 248,000 in 2010, which is around five times more than in 2008.

Federal investigations into white collar or financial crimes can arise out of nowhere. In fact, these investigations can intensify quite rapidly, sometimes even before you are ever approached by investigators. It is critical to consult with a criminal defense lawyer if you have any reason to believe that you are under investigation for a financial crime. Often there are signs that can clue you into whether or not an investigation is in progress, including behavior changes in those around you, unusual questions or suspicious activities.

White collar crimes can include:

• Tax Crimes
• Fraud

• Identity Theft

• Embezzlement
• Antitrust Crimes

• Hacking
• Forgery
Financial crimes require a strong defense, and in order to be effective you must retain a trial attorney prepared to practice in state and federal court. The Florida White Collar Crime Defense Lawyers at Whittel & Melton understand how a strong defense against financial crimes is built. We know how to identify loophole’s in the prosecutor’s case and leverage them to work in your favor.

It is important to realize that when you are charged with a crime, your future depends on early representation. Unfortunately, early mistakes cannot be undone and the prosecution will use any information they can against you.

Published on: November 22, 2011

Miami, FL Criminal Defense Attorneys Whittel & Melton :: Woman Accused of Pumping Toxic Concoction into Woman’s Rear Charged with Practicing Medicine without a License

by Whittel & Melton, LLC

A woman who supposedly wanted a curvier body for cheap allegedly paid a woman posing as a doctor to inject her buttocks with cement, mineral oil and flat-tire sealant.

According to police, the suspect was born a man and identifies as a woman. She is accused of performing this toxic procedure on herself and at least one other.

The 30-year-old was arrested Friday and charged with practicing medicine without a license with serious bodily injury. She has since been released on bond.

Police investigators say the woman has supposedly been on the lam for a year, driving a black Mercedes and residing at various locations. An officer allegedly drove by one possible home for the woman nearly every day on his way to work, and apparently spotted the Mercedes parked outside on Friday which lead to the woman’s arrest.

The alleged victim told officers she paid $700 for a series of injections to her bottom in May 2010. She was apparently referred to the woman by a friend.

The woman was supposedly treated at two south Florida hospitals for severe abdominal pain and infected sores on her buttocks along with flu-like symptoms. According to reports, she failed to tell doctors the full story behind her sickness because she was embarrassed.

The woman’s mother apparently took her to a Florida hospital on the west coast, where doctors were supposedly told about the alleged procedure. The Department of Health was notified.

The woman claims she is still recovering from the surgery and is in too much pain to work.

Florida’s state laws require that medical procedures be performed only by licensed professionals. When a person performs a medical procedure without a license that causes serious bodily injury to another, they can ultimately be charged with a second-degree felony punishable by a maximum of 15 years in prison. Anyone that engages in the illegal practice of medicine can be subject to various criminal consequences that have the potential to generate civil lawsuits depending on the facts associated with the medical matter. It is important to be aware that manslaughter can be charged if someone dies from an unlicensed medical procedure.

Practicing medicine without a license can cover a broad range of activity, but commonly criminal charges erupt from the following:

• Applying “M.D.”, “D.O.” or any other abbreviations that may indicate a person is a licensed professional for the purposes of treating a patient
• Prescribing medication to patients without a license to do so
• Medically diagnosing someone
• Delivering medical treatment to someone without holding a proper medical license
• Providing a medical examination without the necessary medical license required to give the examination
• A physician who practices medicine not covered by the license the physician possesses
• A former physician that continues to practice medicine after their license has been revoked
It is essential to consult with a Florida Criminal Defense Attorney immediately when facing charges associated with the illegal practice of medicine. These charges can negatively impact your life severely if not handled properly. The Florida Criminal Defense Attorneys at Whittel & Melton can best advise you of your rights while simultaneously putting forth the best defense unique to your specific charges.

Published on: May 3, 2011

Florida Outstanding Warrant Criminal Attorney :: “Flavor Flav!” Arrested for Outstanding Warrants…”Yea Boy!”

by Whittel & Melton, LLC

The hip-hop celebrity known as Flava Flav was arrested in Las Vegas Friday after being pulled over by police for a traffic violation. After police ran his name through the system they supposedly found that there were four warrants out for his arrest.

Flav’s real name, William Jonathan Drayton Jr., allegedly had outstanding warrants for parking violations, driving without proof of insurance and two cases of driving without a license all within the Las Vegas area.

According to TMZ.com, Flavor Flav was arrested at 10:57 p.m., taken to a nearby jail, booked and eventually released. He has yet to comment on the arrest.

If you have an outstanding warrant for your arrest in the state of Florida it is important to be aware that you could be arrested at any time. With online databases being linked within law enforcement agencies and with innovative license plate scanning technologies, or just the vindictive neighbor, an ex or even a drunk “friend,” you don’t even have to partake in suspicious criminal activity to be found. The problem with old warrants is if you go into custody on them you may sit for two to three weeks before any law enforcement decides whether or not they’d like to send for you. Best bet – if you have a warrant, contact a skilled criminal attorney immediately to handle them, before you wind up in a jail cell waiting for some Sheriff to decide what to do with you.

The Florida courts look much more favorably on people who are attempting to amend past legal troubles as opposed to those who run from or ignore these issues.

Published on: April 8, 2011

Florida Criminal Defense Lawyer :: Mother of LeBron James Arrested for Misdemeanors

by Whittel & Melton, LLC

LeBron James’ mother was arrested for simple battery and disorderly intoxication Thursday morning after a confrontation with a valet at Miami Beach’s Fontainebleau hotel. The 43-year-old woman allegedly hit a valet around 5 a.m.

According to NBC Miami, the woman requested her SUV from the valet who retrieved her car and brought it to the valet ramp. After the car was left running for supposedly 30 minutes while the woman spoke with other hotel guests, the valet turned off the SUV and gave the keys to the valet cashier.

The arrest report shows that the woman came looking for her car a short time later, yelling profanities at the valet. She allegedly slapped the valet across the face with her hand, lost her balance and fell to the ground.

Once police arrived at the hotel, James’ mother was in the car with another woman behind the wheel. James’ mom apparently would not speak to police about what happened, but the other woman told officers they had a verbal argument.

James’ mother was transported to the police station where it was noted she smelled of alcohol and had bloodshot eyes. Police reports show she was apparently uncooperative and refused to have her picture taken. She was released to Miami Heat executive Steve Stowe Thursday morning.

James’ mother was arrested on DWI charges in 2006 in Cleveland while James was with the Cavaliers.

Simple battery is any type of non-consensual, harmful or insulting physical contact with the intention to harm. In order for a person to be convicted of battery there must be proof that the offense was deliberate and meant to impose harm on the other party. There are different degrees of battery, but the charge James’ mother faces is a first-degree misdemeanor punishable by any combination of one year in jail, one year of probation or a fine up to $1,000. Simple battery can range from snatching a person’s wrist to chucking an object at them. The important thing to note on a simple battery charge is that no one has to be injured; un-consensual contact is the only requirement.

Published on: October 16, 2008

Hundreds of DUIs may be dismissed as a result of DUI Tester not following protocol

by Whittel & Melton, LLC

DUI arrests in South Florida are under suspicion as a result of allegations that an Inspector at the Florida Department of Law Enforcement (FDLE), the government agency that oversees the maintenance of Breathalyzer machines, failed to follow protocol when testing faulty machines.
Defense attorneys say it is a scandal that raises questions about thousands of DUI cases in Monroe, Broward and Miami Dade counties, and they are right. According to CBS 4 in Miami, the Breath Test operator, Suzanne Veiga, encouraged police agencies to abort tests on Intoxilyzer 8000 machines that were giving questionable results, would unplug the machine if the inspection was failing, and then plug the machine back in to prevent the machines from reporting the malfunctions to Tallahassee.
The Intoxilyzer 8000 is the only breath test machine approved for use in Florida and there are more than 300 in use statewide.

The whole purpose of the breath testing protocol is to insure that the Intoxilyzers are working correctly and rendering accurate Breath Alcohol Content (BAC) levels. By keeping malfunctioning machines in police stations, this FDLE inspector has jeopardized the prosecution of thousands of DUI defendants, not to mention potentially causing the arrest of innocent people for drunk driving. My guess is that many of these DUI cases will be broken down to Reckless Driving charges or dismissed outright- it will be too hard for State Attorneys to overcome the presumption that the “faulty” Instruments involved in those arrests rendered invalid results, since they were never properly tested by Veiga.

Published on: September 14, 2008

Florida’s DUI Breath Test Machine Under Attack Again – This Time in Arizona

by Whittel & Melton, LLC

Over the last two years, countless Florida DUI lawyers from Tampa to Brooksville to Gainesville have argued that the makers of the Intoxilyzer 8000 should have to turn over “source codes” under Florida discovery rules. The Intoxilyzer 8000 is the machine Florida law enforcement uses to test Blood Alcohol Content (BAC) which is run by software–called source codes.

Up until this point, most Florida courts were unwilling to require the Intoxilyzer machines’ manufacturer, CMI, to disclose the source code information to Florida citizens facing criminal prosecution for DUI because the source codes were considered trade secrets, which are protected. This past week however, Judge Deborah Bernini of Arizona, ordered that the source codes, despite CMI and Arizona prosecutors’ arguments to the contrary, are not a trade secrets. According to news reports, the judge based her ruling on a finding that the Florida Breath test machine is not patented, nor are the source codes protected by copyright law.

Results from Florida’s breath testing machines are already not allowed in Tennessee courtrooms because of its perceived unreliability. Hopefully, the State of Florida will take this recent development to do the right thing and either use an alternate breath test machine– one that is completely transparent with no “secrets”–or discontinues use of the Intoxilyzer 8000 until the source codes are turned over and experts throughout Florida have time to perform a full examination of the machines for reliability.