Pasco County

Published on: February 5, 2014

Florida Criminal Defense Lawyer :: Former FDLE Crime Lab Analyst Charged with Evidence Tampering

by Whittel & Melton, LLC

A 32-year-old former Florida Department of Law Enforcement crime lab analyst was arrested Tuesday on charges of grand theft, 12 counts of tampering with or fabricating physical evidence and nine counts of trafficking illegal drugs.

Investigators allege the man replaced prescription pain pills with over-the-counter medications while processing drug cases.

The former Pensacola crime laboratory chemist is currently free on bond.

If you or someone you know or love has been charged with tampering with evidence in Hernando, Lake, Marion, Osceola, Pasco or Sumter counties, a Florida Criminal Defense Attorney at Whittel & Melton can make sure you know what to expect from your case.

The man was arrested at the Escambia County Jail around 6:30 p.m. His bail was set at $290,000.

FDLE agents claim that since 2006 the accused processed 2,600 cases that crossed 35 counties in Florida, including Hernando, Lake, Marion, Osceola, Pasco and Sumter. On Monday, 80 agencies were alerted of the alleged tampering.

St. Cloud police said that they are reviewing 16 cases from several years ago that could be linked to this case.

The investigation apparently began Thursday, Jan. 30 when Escambia investigators noticed that there were prescription pain pills missing from the evidence locker room.

The accused was relieved of duty Friday, Jan. 31 and issued his resignation Monday asking the agency to issue any money owed to him.

According to the FDLE, additional charges could be filed pending the results of this ongoing investigation.

These charges are undoubtedly serious. If convicted of tampering with evidence, this could remain on your criminal background for the rest of your life. Despite the circumstances surrounding your case, by being accused of this crime, you run the risk of being permanently labeled someone who destroyed or concealed evidence. Because of the severity of the charges, you must make sure and give tampering with evidence charges the attention they deserve.

Published on: January 14, 2014

Pasco County Criminal Defense Lawyer :: Retired Cop Shoots Man in Movie Theater for Texting

by Whittel & Melton, LLC

A 71-year-old retired Tampa police captain accused of shooting a man that was texting during a Mark Wahlberg war movie will be arraigned on a second-degree murder charge Tuesday in a Florida court.

The ex-Florida law enforcement officer is charged with gunning down the 43-year-old man and his wife with a .380-calber handgun, following a verbal and physical confrontation.

The man was pronounced dead at a hospital, and his wife was treated for a gunshot wound to her hand.

The man remains in Pasco County jail, and a judge will decide today whether or not to release the man on bail.

The retired cop was arrested at a movie theatre in Wesley Chapel, north of Tampa.
Police claim the retired officer shot at the man because he was texting in the movie theater before the movie started.

The former officer apparently asked the man to stop, but the man continued using his cell phone. He then left the theatre to complain to management before returning to his seat.

A verbal altercation apparently began between the two, which then turned physical, according to police reports. Then, the retired cop allegedly pulled out a gun and fired one shot at the man. The man’s wife was wounded in the hand as she grabbed her husband, according to police.

The suspect retired as captain from the Tampa Police Department in 1993, according to a spokeswoman for the department.

Murder or homicide is defined as the unlawful killing of another human being. Second-degree murder charges often arise after a death that occurred in the heat of the moment, meaning it was not intentional or premeditated. In order for the State to obtain a conviction for murder in the second degree, the prosecution must prove three elements beyond a reasonable doubt:

1. The victim is dead.

2. The death was caused by the dangerous criminal actions of the defendant.

3. The victim was unlawfully killed by a dangerous act that displays a blatant disregard for human life, even if the act was a mistake.

A second-degree murder charge is classified as a first-degree felony in the state of Florida. A conviction carries a mandatory minimum prison sentence, and a judge can also impose additional penalties including up to life in prison, up to life on probation and up to $10,000 in fines. These consequences are significantly increased if a firearm is used. Under Florida’s 10-20-Life law, any person that uses a firearm to commit second-degree murder will be sentenced to a mandatory minimum of 25 years behind bars.

Published on: January 10, 2013

New Port Richey Criminal Defense Lawyer :: Armed Bank Robbery Suspect Held by Police

by Whittel & Melton, LLC

New Port Richey, FL – Pasco County deputies caught up with a man believed to be a suspect in an armed robbery of an Achieva Federal Credit Union branch just minutes after the robbery occurred on State Road 54.

According to a sheriff’s office media release, a man entered the bank branch at 9:58 a.m. on Dec. 20, flashed a gun at the teller and left on foot with an undisclosed amount of cash.

Witnesses claim the man was driving a black Pontiac.

Deputies were able to catch up to the man a short time later and detained him for questioning.

Armed robbery is a very serious crime to be charged with, as the consequences of a conviction are quite harsh. Because armed robbery carries the potential to harm others, you will likely face maximum penalties if convicted in a court of law. When a person uses a weapon to commit a robbery, despite whether or not it is used, police, prosecutors and judges are quick to conclude that the accused intended to use that weapon.

In the state of Florida, armed robbery can be filed in one of two ways:

1. Strong Armed Robbery: a robbery involving the use of threats, force or violence. This charge is classified as a second-degree felony, carrying potential consequences of up to 15 years in state prison.

2. Armed Robbery: a robbery involving the use of a deadly weapon. Armed robbery is a first-degree felony, punishable by 30 years in prison.

Published on: August 17, 2012

Pasco Sheriff’s Office and DEA Seize 100,000 Packages of Synthetic Marijuana from Holiday Laboratory :: Whittel & Melton

by Whittel & Melton, LLC

Holiday, Florida – Pasco deputies and federal agents raided a synthetic marijuana laboratory last month seizing 440 pounds of materials, including 100,000 packages of alleged synthetic pot.

The raid was conducted as part of a national investigation with the Drug Enforcement Administration focusing on the synthetic drug industry.

Pasco Sheriff Chris Nocco claims that the Holiday lab was shipping products throughout the country. He believes the business was purchasing drug components from China and then spraying them with chemicals before packaging them for sale.

According to police, a large amount of the components that make up synthetic marijuana are illegal, but makers of the drug have found a way around this issue by using alternative chemicals.

The Sheriff’s Office believes that the materials snatched in the raid are illegal ones. The chemicals are being tested, but no arrests have been made as of yet.

Synthetic marijuana has been on law enforcement’s radar for more than two years now, and while the chemical formula changes constantly, so does the law regarding the buying and selling of this drug commonly referred to as K2, Spice, Sunami or Scooby Snax. Currently, the delivery, manufacture, sale or possession of synthetic pot is a third-degree felony in the state of Florida. However, it is important to note that the possession of less than 2 grams of this drug is classified as a first-degree misdemeanor.

Florida Attorney General Pam Bondi along with Florida legislatures have worked aggressively since the drug first appeared on the mass market in 2009 to ban the numerous chemical components that make up synthetic marijuana. The DEA has joined in on the crackdown against synthetic pot, which has been available for purchase at gas stations and head shops throughout Florida. Why the ban? It seems the health risks associated with the chemicals found in fake pot pose a far greater health risk to users than originally thought. Some studies suggest that using synthetic marijuana can lead to acute psychosis, hallucinations, worsening of psychotic disorders and heart dysrhythmia.

Published on: July 17, 2012

Federal Authorities Indict 31 People in Connection with Alleged Pasco Oxycodone Ring :: Whittel & Melton

by Whittel & Melton, LLC

New Port Richey, Florida – Last November, two men accused of running two prescription drug rings were arrested after a two-year investigation allegedly revealed the men and their suspected crews had shipped tens of thousands of oxycodone pills from Florida to Tennessee and Kentucky.

On Friday, U.S. Attorney Robert E. O’Neill announced the unsealing of two federal indictments charging 31 suspected crew members with conspiring to possess oxycodone with intent to distribute. If convicted, each suspect could face up to 20 years in prison.

As of Friday afternoon, nearly 20 of the suspects were in custody.

The case has been investigated by the Pasco County Sheriff’s Office and the Drug Enforcement Administration. Authorities claim many of the suspects are addicts.

The suspects indicted are accused of obtaining the pills by doctor shopping and paying others for their pills.

According to DEA agents, oxycodone can be bought in Florida on the street for $10, but in Tennessee and Kentucky the pills can sell for $25-$35 a pill.

The Sheriff’s Office apparently expects more arrests to be made.

Oxycodone crimes have become an increasing problem in Florida. Due to this, police have amped up their efforts to aggressively investigate those suspected of dealing in Oxycodone. Prosecutors take all Oxycodone offenses, including possession, trafficking and possession with intent to distribute quite seriously. In fact, the state of Florida has some of the toughest Oxycodone laws in the United States. It is a second-degree felony in Florida to sell, manufacture or deliver Oxycodone.

Oxycodone is a highly addictive painkiller, and its active ingredient is found in many prescription pain medications such as OxyContin and Roxicodone. Unfortunately, many people become addicted to Oxycodone after being prescribed the drug by a doctor following an accident or injury. After becoming addicted to these painkillers, addicts may facilitate their need for the drug by doctor shopping, forging prescriptions or finding alternative ways to acquire a large amount of pills. Because Oxycodone sells for a high amount on the streets, many people now sell the drug to support their own habit as well as to make a profit. These actions can result in severe state and federal charges carrying significant criminal consequences.

To give yourself the best chance at beating an Oxycodone charge, it is best to not admit any facts about your involvement with the drugs in question to police, prosecutors, court officials or friends and family members. There are many defense options available that may result in charges being dismissed or greatly reduced, so do not give up or plead guilty before fully exploring any and all possibilities. A plea agreement may also be available to you that can keep you out of prison and keep your record clean in exchange for drug rehabilitation, counseling or community service.

Published on: November 23, 2011

Federal Mail Fraud Defense Attorneys Whittel & Melton :: Ex-Gainesville Man Sentenced to 20 Years in Connection with Multi-Million Dollar Ponzi Scheme

by Whittel & Melton, LLC

A former Florida resident was sentenced to the maximum sentence of 20 years in federal prison on Thursday for mail fraud in connection with a $30 million Ponzi scheme.

His original charges also included wire fraud and conspiracy, crimes that often get charged in conjunction with mail fraud cases.

The case was investigated by the U.S. Postal Inspection Service, the Florida Department of Law Enforcement, the Florida Office of Financial Regulation, the Florida Attorney General’s Office and prosecuted by the U.S. Attorney’s Office.

The 48-year-old man was ordered to surrender $29.9 million, numerous computers and computer equipment purchased using earnings from the scheme.

According to authorities, the man received $30 million from more than 500 investors in Florida and throughout the United States by assuring them that they could earn 10 percent interest per month by trading in foreign currency through his company located in Pasco County.

The man supposedly only invested a small portion of the assets obtained, paid investors about $15 million of other investors’ money and spent millions of dollars on personal items for himself, friends and family. He allegedly leased high-end real estate in New York City, private jets, and bought luxury cars, clothing and jewelry.

The Florida Attorney General’s Office shut down the man’s former company in April 2010 and froze its assets after investigating a grievance against the company. During that time the man had a Gainesville address and supposedly went to school in the area.

He was arrested in New York City on Nov. 4, 2010 and indicted Dec. 1.

Mail fraud and wire fraud are broad terms used in any case involving theft by mail, by Internet, by electronic transfer, by phone or any other comparable scenario. The State must prove intent beyond a reasonable doubt to obtain a conviction for this white collar offense. A mail fraud or mail theft case revolves around several points:

• Did the accused actually plan to commit fraud?

• Did the accused willfully and intentionally create a plot to cheat another person or persons
out of money or property?

• Did the accused use the postal system in their scheme to defraud?

Prosecutors and investigators for fraud cases are aggressive in pursuing charges, which means your case can drag on for a lengthy time period. If convicted of mail fraud, the penalties include stiff fines or imprisonment for up to 20 years, possibly both. If the violation concerns a financial institution such as a bank, the fine can be elevated as high as $1,000,000 and imprisonment up to 30 years.

Published on: July 13, 2011

Pasco County Criminal Defense Lawyers Whittel & Melton :: Police Searching for Man Allegedly Involved in Wesley Chapel Shooting

by Whittel & Melton, LLC

A Zephyrhills, Florida man is being sought on a charge of attempted second-degree murder by the Pasco County Sheriff’s Office for his supposed involvement in an alleged playground shooting in Wesley Chapel. This marks the third shooting to occur in the Wesley Chapel, FL area within about a week.

According to investigators, the 30-year-old man allegedly shot a 20-year-old in the stomach after the pair met at a community playground on June 28 for a prescription drug deal. The victim suffered wounds to his abdomen.

The man sought was arrested earlier last month for a marijuana charge and was released the following day after posting bond. Records show the man served prison time for cocaine and grand theft charges.

A day before the playground shooting occurred, a Wesley Chapel man was shot in the face while allegedly selling prescription medications from his house. A masked man supposedly entered the man’s home and shot him; the man’s injuries were not believed to be life-threatening. No arrests have been made regarding this incident, reports show.

In another shooting that occurred on June 21, a 29-year-old man has been arrested and charged with attempted second-degree murder and aggravated assault. The man allegedly shot three rounds at a moving vehicle after an argument took place at a neighborhood basketball court. His bail was set at $350,000.

Attempted second-degree murder is a serious offense; along with hefty time behind bars you could have an attempted murder conviction on your record. In the state of Florida, attempted second-degree murder is considered a second-degree felony that carries a maximum penalty of 15 years in prison. However, if a firearm is used in the charge of an attempted second-degree murder, the penalties increase drastically. A gun escalates the charge to a first-degree felony punishable by a maximum of 30 years in state prison if the gun is discharged. This includes a mandatory minimum of 20 years in prison under Florida’s 10-20-Life.

Attempted second-degree murder can be difficult for the State to prove all the elements associated with the crime, which makes some cases very defensible. To prove the crime, the prosecution must show the actions of the accused were dangerous enough to cause the death of another, not that the accused had the intent to kill. In many scenarios attempted second-degree murder is overcharged; the experienced Criminal Defense Lawyers at Whittel & Melton will work to lower your charge. Some cases can be reduced to aggravated assault or misdemeanor battery. The facts of every case are different.

Remember self-defense laws can apply and protect you from an attempted second-degree murder charge. Florida’s law of Stand Your Ground says that you have the right to protect your life or the life of another if you have the reasonably belief either is in danger. This can include using lethal force if you feel you have no other way of protecting yourself or another.

Published on: April 4, 2011

Hudson, Florida Juvenile Criminal Defense Lawyer :: Pasco County Teenager Charged with Rape at Fivay High School

by Whittel & Melton, LLC

A 17-year-old male was arrested Wednesday by Pasco County police for involuntary sexual battery on a teenage girl. The alleged rape occurred at Fivay High School in Hudson, Florida.

The girl told police that the teenage male sent her a text in November to meet him near a boy’s restroom in the high school. The girl said the male pulled her into a boy’s bathroom stall and raped her.

According to BayNews9, the teenager denied any sexual contact with the girl and provided saliva samples for DNA testing to investigators. Testing revealed that his DNA was on the pants the girl was wearing the day of the alleged rape.

The teenager later told police that he lied about not having sexual relations with the girl, but said he did not have sex with her in the alleged time or place of the reported incident.

The teen’s name has not been released as he is not being tried as an adult.

Florida has very strict penalties for teens convicted of sex offenses. Many times sexual offenses allegedly committed by a juvenile are denied bond because of the serious nature the juvenile court system upholds. Juvenile cases are handled quite differently than adult criminal cases; the biggest difference being that juveniles are not given due process. Juvenile cases are heard by a judge who determines the punishments without a jury.

The laws in Florida regarding sex crimes vary by the degree of the crime committed. Penalties for a misdemeanor sex crime could entail jail time of less than a year or probation, a fine, and community service. Penalties for a felony offense, such as sexual battery, can include a lengthy prison term and lifetime registration as a sex offender. The most serious penalty for committing a sex crime as a juvenile is the possibility of registering as a sex offender for life. Any Juvenile 14 years of age or older found guilty of committing, attempting, soliciting or conspiring to commit sexual battery, lewd and lascivious battery and lewd and lascivious molestation are required to register within the Florida database.

Published on: March 1, 2011

Land O’ Lakes, FL Criminal Lawyer :: Man Accused of Snatching Elderly Woman’s Purse

by Whittel & Melton, LLC

A 24-year-old Land O’ Lakes man was arrested on Tuesday and charged with robbery by sudden snatching, according to the Pasco County Sherriff’s Office report.

A 77-year-old Land O’ Lakes woman told police she was out shopping at a Kmart store on Feb. 11 when the robbery happened. She walked back to her car, opened the door and sat down in the driver’s seat when a man came up to her vehicle, grabbed her purse and ran.

The woman chased the man who snatched her purse and saw him get inside a black vehicle. She later found that her tires had been slashed. A police report indicated that her credit cards were used in Tampa.

When the suspect was contacted by authorities, he said that another man stole the purse, but he was present while the robbery occurred.

The man charged with robbery by sudden snatching lingered in jail Wednesday with bail set at $5,000.
Robbery is referred to as the use of violence or the threat of violence to take another person’s property. Common types of Robbery include purse snatching, carjacking and bank robberies. Depending on a defendant’s criminal history and the facts of any given arrest, a robbery can be charged as a third degree felony up to a life felony.

Published on: September 29, 2009

Cross-dresser arrested for Hernando County Violation of Probation

by Whittel & Melton, LLC

Cross dressing isn’t a crime, but violating probation can be. Tampabay.com is reporting that Dade City Police Department arrested a 44-year-old man dressed in a black tank top and blue denim skirt Sunday morning after he tried to run from police.

According to the report, a patrol car was making a U-turn on U.S. 301 when they spotted what appeared to be a woman standing behind an abandoned business. When officers shined their spotlight toward the back of the business, and the person took off running into the woods.

The officer and a police dog soon found a man in the woods changing out of the tank top and skirt into a button-down shirt and tan shorts, the report said. After being detained, the man said that he wasn’t a prostitute, and that dressing in woman’s clothing is something he does in his spare time. He ran because he didn’t want to get arrested in women’s clothing.

The man had an open Hernando County warrant for violating his probation on a charge of driving with a suspended or revoked license was also arrested that night by the Dade City police for resisting arrest without violence.

Both of these crimes are misdemeanors which means that the cross dresser could be subject to two years in jail–one year for the violation of probation and another for the resisting and officer without violence charge. Generally, a violation of probation subjects a defendant to the maximum penalty they could receive on the underlying charge. Courts are reluctant to impose jail time for violations that involve failure to pay fines or court fees and are more likely to impose jail or prison sentences on violations that involve new charges.