Polk County

Published on: March 3, 2014

Polk County Criminal Defense Attorney :: Two Busted for Operating Marijuana Grow House in Polk County

by Whittel & Melton, LLC

Polk County detectives allegedly discovered 15 pounds of bagged marijuana in a grow house operation inside a barn in Frostproof last month.

Detectives with the Polk County Sheriff’s Office claim they received a tip about starved animals on the property. They apparently went to check out the site and found 37 pot plants growing inside a barn. They also found high intensity grow lights and grow light hoods, electric ballasts, air conditioners, air filters, plastic pots used for cannabis cultivation and cannabis stalks and roots.

They also located five horses on the property and determined that the animals were not malnourished or abused, however, did need improved care. The animals were turned over to a family member.

Detectives decided to check out the mobile home on the property where they apparently uncovered a 30-30 rifle and two 357 magnum handguns.

Detectives arrested a 49-year-old man and a 48-year-old woman.

The pair has also been accused of stealing electricity to run the barn.

Both were arrested and taken to the Polk County Jail.

Charges in illegal marijuana cultivation cases are based on the number of plants captured by law enforcement officers. Most grow houses contain large quantities of marijuana plants and processed marijuana, so you could be facing serious felony charges that carry substantial prison time. Additionally, police tend to seek asset forfeitures when it comes to drug crime cases, so you could also be looking at frozen bank accounts, the loss of cash and even your home.

Published on: July 10, 2013

Polk County Criminal Defense Lawyer :: Bartow Man Arrested for Sexting 14-Year-Old Girl

by Whittel & Melton, LLC

A Bartow, Florida man was arrested last week after he was allegedly caught using his phone to solicit sex from a minor.

On July 3, the Polk County Sheriff’s Office began investigating a reported unlawful sexual act that allegedly took place between the accused and a 14-year-old female.
During the investigation, detectives with the Polk County Sheriff’s Office interviewed the teen girl and found that the accused apparently visited her home to engage in unlawful sexual intercourse. Police claim after investigating the situation further, they also uncovered nude photographs the man sent to the girl via text message, as well as text messages from the man asking the girl to send him naked photos of herself.

According to reports, one of the officers working on the case assumed the identity of the victim and began text messaging the accused. Through these messages, a meeting was arranged at the teen girl’s home.

Police took the man into custody once he arrived at the home. He is currently being held in Polk County Jail.

Sexting is a term used to describe any graphic sexual messages or nude or semi-nude pictures sent to someone via text message. While this is not classified as a crime between two consenting adults, when such messages involve a minor, felony sex crimes charges can result. The state of Florida considers it to be a very serious offense when an adult attempts to seduce or transmit lewd text messages or photos to a child. Similar to Internet sex crimes, common criminal charges that can result from sexting a minor include:

• Solicitation of a Minor
• Traveling to Meet a Minor
• Possession of Child Pornography
• Distribution of Child Pornography
• Transmission of Harmful Material to Minors

Published on: January 15, 2013

Bartow Sex Crimes Defense Lawyer :: Polk County Prostitution Sting Nets 78 Arrests

by Whittel & Melton, LLC

Bartow, FL – A three-day undercover operation targeting online prostitution ads has resulted in dozens of people being arrested.

The Polk County Sheriff’s Office conducted the operation between January 10 and January 13. At the end of the sting, a total of 78 people were arrested, including a porn star and a police recruit.

Of those arrested, 31 have criminal histories, including nine registered felons. Deputies claim that one of those felons has been previously arrested 38 times in the Tampa Bay area.

According to detectives, those arrested for solicitation of prostitution either posted or responded to online advertisements offering sex. Many of those arrested face additional charges, including possession of drugs, aiding and abetting, escape, traffic offenses, battery on a law enforcement officer, violation of probation and failure to register as a sex offender.

In recent years, law enforcement agents throughout the state of Florida have increased their enforcement of solicitation for prostitution by conducting sting operations using police decoys. In fact, numerous time and resources are poured into undercover prostitution stings in hopes of making a considerable amount of arrests.
The Internet has only helped undercover detectives catch unsuspecting men and women engaging in or soliciting prostitution.

If you were arrested for prostitution anywhere in Florida, in order to receive the best possible outcome for your situation you must consult with a sex crimes defense lawyer immediately. The consequences attached to a prostitution offense can be harsh, even if this is your first arrest. A first-time conviction can result in up to 60 days in county jail. A second conviction can land you in jail for up to one year. A third or subsequent conviction for prostitution can be classified as a third-degree felony, punishable by up to five years in prison. Along with time behind bars, a prostitution conviction can tarnish your good name within the community, wreck your personal relationships and limit future career options.

A Polk County Criminal Defense Attorney at Whittel & Melton can look into your arrest and make sure police followed proper protocols. In these types of cases, there is always the possibility that you were the victim of police misconduct or entrapment, which can be used as a defense against the charges against you. We will advise you of your legal rights and make sure you fully understand the options available to you. We will exhaust every effort available to make sure you receive a successful outcome.

Published on: November 20, 2012

Polk County Criminal Defense Attorney :: Massachusetts Junior Hockey League Coach Arrested in Polk Internet Sex Sting

by Whittel & Melton, LLC

Polk County authorities have arrested a junior hockey league coach from Massachusetts on charges that he used a solicited what he thought was a 16-year-old boy online.

The man was arrested in his home Wednesday night in Acushnet, Mass., and booked into a local jail.

Polk County detectives began investigating the man earlier this year after the mother of a 16-year-old boy told police the man allegedly began soliciting her son via Facebook.

Detectives obtained permission from the boy’s mother to pose as the teen and continue to talk to the man.

The Sheriff’s Office claims that the man sent nude pictures of himself to the boy and vividly described what he wanted to do sexually with him.

The man is also accused of soliciting the teen to perform sex acts.

He is charged with 10 counts of using a computer to seduce a child and will eventually be brought to Polk County.

Published on: April 12, 2012

Florida Criminal Defense Lawyers Whittel & Melton :: Judge Denies Bail for Woman Accused of Burying her Husband in Backyard Herb Garden

by Whittel & Melton, LLC

A judge refused to set bail Wednesday for a 64-year-old Lake Alfred woman accused of killing her 77-year-old husband and burying his body in the couple’s backyard garden.

The woman’s lawyer argued that the woman has seriously health issues that cannot be properly addressed in jail.

The woman is diagnosed with fibromyalgia — a chronic disorder that affects the muscles and causes extensive pain.

The woman apparently takes more than 20 pills a day, including pain killers.

Her attorney asked the Polk County judge to set bail for the woman because her case is “unique,” and because she voluntarily submitted to questioning in front of investigators and a grand jury.

However, the Assistant State Attorney claims the woman has not been truthful in her answers to law enforcement.

The woman was indicted Tuesday on a charge of premeditated first-degree murder.

First-degree premeditated murder is the intentional killing of another person with a deliberate plan to kill. In all homicide cases, the State typically assigns veteran law enforcement officers and prosecutors to investigate and handle these cases. Usually advanced technology is utilized when conducting homicide investigations and more money is spent by the department to perform a thorough investigation, which is why these charges require the assistance of an aggressive criminal defense lawyer to provide an applicable defense. Generally, a person charged with first-degree murder will be denied bond and will sit in jail throughout the entire duration of the legal process.

There are possible defenses to first-degree murder, including:

• Self-defense
• Excusable Homicide
• Justifiable Homicide
First-degree murder is a capital felony, meaning your life is on the line. It is imperative to begin building a zealous defense immediately as this is viewed as the most serious crime on the books in Florida. There are only two potential outcomes following a conviction for first-degree murder: the death penalty or life in prison with zero possibility of parole. Prosecutors may choose to waive the option for the death penalty, but if they do not, and a defendant is convicted, the choice is left to a jury to decide between life and death. Because of the extreme penalties attached to murder charges, it is important to start fighting the process early on.

Published on: March 13, 2012

Tampa – Orlando Prostitution Sting Lawyers :: Polk County Prostitution Sting Targeting Online Ads Nets 19 Arrests

by Whittel & Melton, LLC

Whittel & Melton, LLC 1-866-608-5LAW (5529) – Florida Sex Crime Attorneys

Detectives with the Polk County Sheriff’s Office have arrested 19 people in an undercover prostitution bust targeting online advertisements.

Undercover officials conducted the two-day sting focusing on online ads for prostitution last Thursday and Friday.

According to police, both male and female detectives posted and answered ads for sex on Backpage.com. The operation ended in the arrest of 19 people for crimes ranging from soliciting prostitution to narcotics violations.

Six of the suspects allegedly admitted to being married.

A spokesman for the Polk County Sheriff’s Office said that online escort services promoting prostitution will continue to be targeted and those who commit or derive proceeds from prostitution will be arrested.

In the past, most prostitution stings took place on the streets. With the advent of the Internet and web sites that allow individuals to advertise services, including sex, authorities have a tremendous amount of political and social pressures placed on them to curb illegal behavior, which means keeping up with today’s technology. Today, police agencies may place online advertisements equipped with a photo of a male or female offering sexual services in an effort to crack down on solicitation. In fact, law enforcement agencies often invest substantial resources into these vice squad operations.

It is not uncommon for individuals arrested in a police prostitution sting to feel entrapped. Unfortunately, an undercover sting does not always translate to police entrapment. Engaging in any kind of negotiations, especially communications over price can be interpreted by authorities as an act of solicitation. However, this does not mean that you have no viable defense available to you. The Florida Sex Crimes Lawyers at Whittel & Melton can discuss potential defense strategies with you and protect you in court.

It is important to note that the criminal justice system is a public system. Our attorneys understand that your privacy is important and will act as discreetly as possible in all matters pertaining to your case. We can address your specific needs and concerns and help you achieve the best possible outcome for your situation. In order to protect your best interests, it is vital to contact the Florida Sex Crimes Lawyers at Whittel & Melton right away.

Published on: June 6, 2011

Lakeland, Florida Pornography Defense Attorney :: Lake Wales Couple Arrested for Promoting and Distributing Porn from Their Home

by Whittel & Melton, LLC

The Polk County Sheriff’s Office arrested a Lake Wales couple after a three month investigation was concluded Friday that allegedly confirmed the pair was filming and distributing porn from their home. A Polk County judge deemed the pornographic videos as obscene material under Florida law.

The couple was charged with a slew of misdemeanors including, six counts each of wholesale promotion of obscene material, distribution of obscene material ad selling obscene material. The woman was charged with felony wholesale promotion of obscene material.

The investigation began after investigators allegedly received tips the 55-year-old woman was making and distributing porn from her home. The investigator supposedly paid the membership fee of $19.95 to gain access to the woman’s web site where videos of her having sex with women and men were available to view. Some of the woman’s clothing worn in the films was available to purchase on the site as well.

A police report indicates that the woman posted on Twitter about some of her sexual escapades.
The woman’s 58-year-old husband allegedly told police he filmed the videos and over the past four months had made around $2,800.

The woman was set to be released from the Polk County Jail Saturday night after posting $7,500 bond. Her husband remained in jail.

Obscenity, under Florida law, refers to uninhibited sexual activity that is visible to the public, accessible and offensive in nature. Art generally does not fall under the obscene category unless it can be classified as pornography. To prove obscenity, three areas must be proved; the work in question is explicitly sexual, the average person would find the material in question offensive using community standards and the material contains no scientific, literary or artistic value other than explicit sexual content.

Obscenity charges are usually misdemeanors, but can be charged as a felony in some cases especially when the material displays a minor or is provided to a child. Judges will typically impose hefty fines or order the individual charged with counseling, but jail time, community service and property forfeiture can also be consequences of an obscenity charge.

Published on: April 19, 2011

Florida Criminal Entrapment Defense Lawyer :: Polk County Undercover Prostitution Sting Operation Arrests 60 to be Prosecuted in Bartow, FL

by Whittel & Melton, LLC

Lakeland, FL – Detectives have arrested 36 women and 24 men, including a Disney worker and a teenager who towed her baby along, for soliciting another for prostitution, deriving proceeds from prostitution, or aiding and abetting prostitution. Detectives captured everything from the Central Florida bust dubbed “Operation Curtain Call” on film, from the accused prostitutes stripping to their arrests.

Detectives targeted online escort services promoting prostitution. According to the Polk County Sherriff’s Office, these online sites provide the means for prostitution to occur. Detectives were involved for a one-week investigation where officers posed undercover, surfed Internet websites and solicited escort services for anywhere between $50 to $700 each time.

According to WFTV, only one person arrested was from Polk County. The others came from Central Florida or out of state. The Polk County Sherriff’s Office said some came alone in taxis, some car-pooled and some even let their children tag along and arrived with condoms and even STDs. Detectives allegedly arrested people from all walks of life including a 15-year-old prostitute with her infant child, a five months pregnant woman, a school bus driver, pimps, gang members and a transgender male.

Police said they supposedly witnessed a 15-year-old mother show up to the house where the sting was taking place with her 2-month-old baby and gang-affiliated boyfriend. They supposedly waited in the car while the teen allegedly turned tricks inside. The baby was taken into custody by the Department of Children and Families.

Detectives said the suspects came from Michigan to Miami to visit the undercover sex sting operation. The last time the Sherriff’s office conducted a bust like this Craigslist ended up shutting down the escort service portion on its web site.

Prostitution busts like these are conducted all the time in Florida due to the many escort services that advertise all over the Internet. However, there is a fine line between legal behavior, such as stripping and dancing, and illegal prostitution. In these types of stings, police visit these sites trying to target all kinds of activities that can lead to an arrest for prostitution or a related offense. In most instances there will be a meeting setup at a hotel or house where every bit of the encounter will be video recorded. When there is enough evidence of prostitution an arrest will be made. This means the prostitute and anyone who tagged along to the location will be taken into police custody.

The crime of prostitution is pretty straightforward, but a person can be charged with aiding and abetting prostitution if they transport someone to a scene knowing illegal behavior will transpire. The state must prove that the driver knew the person they were driving was going to be dropped off for prostitution. Any money exchanged between the driver and the suspected prostitute can only strengthen the charge. A person convicted of prostitution or a related prostitution offense for the first time could face a misdemeanor punishable by up to a year in jail. A third conviction or more is a felony carrying a maximum sentence of five years in prison. If any offense brought against you involves a minor, the prostitution crime is punishable by up to 15 years in prison.

Published on: April 1, 2011

Bartow, Florida Criminal Defense Lawyer :: Motocross Champ James Stewart Arrested for Impersonating an Officer

by Whittel & Melton, LLC

Orlando Florida Highway Patrol arrested two-time Monster Energy Supercross star James “Bubba” Stewart of Bartow, Florida Monday night after he tried pulling over two off-duty highway patrol officers while pretending to be a police officer.

The arrest affidavits show that 25-year-old Stewart was arrested with his friend, a 44-year-old man from Corona, California.

The Associated Press reports that Stewart had red and blue lights on the dashboard of his truck when he attempted to pull over two off-duty troopers who identified themselves. Stewart sped off after realizing the men were law enforcement.

The troopers called authorities and Stewart and his friend were stopped and arrested at the Orlando International Airport.

Both men allegedly agreed to talk with the arresting officers. Stewart supposedly admitted he activated the lights and his friend shared he hid them in his backpack when officers pulled them over. Stewart said he got the lights at a flea market.

Stewart’s friend was charged with tampering with evidence, a third-degree felony. Stewart’s charge is a first-degree misdemeanor.

Both men were transported to Orange County jail where they posted cash bonds and were
released.

In Florida it is illegal to deceitfully pretend to be a police officer, a federal officer or employee or any other public official. Although the laws vary from state to state, Florida considers it a crime to use paraphernalia used by law enforcement officers, such as the red and blue flashing lights Stewart used to flag down the troopers. It is also a crime to flash a fake police badge and possession of a firearm could enhance the penalty for false impersonation of a police officer.

Tampering with evidence is the deliberate and planned physical exploitation, demolition or fabrication of evidence pertinent to a criminal case or investigation. This charge is very important to the ethical standing of the court and often results in at least third degree felony penalties. Possible consequences for a tampering with evidence conviction include possible jail time, probation or parole, restitution and community service.