Sex Crimes

Published on: August 11, 2014

Florida Disney Janitor Accused of Sexual Assaulting Female Worker

by Whittel & Melton, LLC

A Walt Disney World janitor is facing kidnapping and sexual battery charges after a 21-year-old female worker claims he cornered her inside a custodial closet on Thursday and forced himself on her, an arrest affidavit states.

According to the affidavit, the 21-year-old college student told authorities that the janitor cornered her, forced her to the ground, stated he wanted to have sex with her and began to grope her.

She claims she resisted, told him to stop and attempted to push him away.

The alleged attack lasted three to five minutes. The woman then reported the incident to her supervisor.

The affidavit says the man had been in the closet and touched the woman’s genital area during a “hug,” but only over her clothing.

The custodian told police he and his coworker had been in an adulterous relationship for about a month and the encounter was a typical work interaction for them, the affidavit shows.

However, according to reports, police have sided with the woman’s story.

In many sex crimes cases, a family member alleges sexual abuse or even a friend or co-worker will make over-the-top allegations. Even a simple accusation of sexual assault or abuse must be squelched immediately because the effects can be devastating to both your professional career and personal life. If convicted of a sex crime, you could be forced to register as a sex offender for the rest of your life. This information is public record and it does not matter where you go, these charges will follow you. If you have been accused of or charged with a sex crime at either the state or federal level, it is best to take immediate action as hesitation will not help you.

Published on: August 6, 2014

Law Enforcement Agencies Unite to Catch Suspected Sex Predators in Polk, Pinellas and Sarasota Counties

by Whittel & Melton, LLC

Several law enforcement agencies from the federal, state and county level have joined forces with the hopes of catching alleged sexual predators.

While the operation spans across nine counties, including Polk, Pinellas and Sarasota counties, the message is the same: “We’re going to get you.”

The message was made loud and clear Tuesday when the agencies released details from a recent online sex sting- “Operation Cyber Vigilance”- during which they are tracking down men believed to be looking to arrange sexual encounters with children.

Due to the fact that the Florida Sheriff’s Association has made catching child predators its number one priority, the agencies are utilizing each other’s manpower to make the biggest impact, and the most arrests.

So far, officials have arrested more than 130 people.

Pinellas County Sheriff Bob Gualtieri made a note to let everyone know they are going after the worst of the worst, and described one of the most recent arrests.

“So she’s out there working- trying to provide for the family. He’s at home with a 13 and 14-year-old sleeping, and what’s he do? He gets online, and starts chatting with one of our undercover detectives,” he explained. “And he leaves his 13 and 14-year-old daughters at home sleeping in bed, and comes up to Pinellas County to have sex with a 12-year-old.”

This most recent operation is designed for agencies to help one another. with that said, if the Polk County Sheriff’s Office launches an undercover sting, it might get help from Pinellas, Sarasota and Lee Counties, and visa versa.

In addition to the nine counties conducting the operation, eight others are contributing to the efforts.

The criminal justice system is often merciless when it comes to child sex crimes cases – they make it known that they are out for blood. Unfortunately, this usually means the innocent get swept up along with the guilty.

Detectives are so eager to catch alleged sexual offenders in undercover Internet stings that they tend to go overboard, often entrapping unsuspecting adults. Police will enter online chat rooms and masquerade as young boys or girls, or even parents or guardians of young children, looking for a partner to introduce them to the world of sex. They will drum up online conversations with adults and in many cases, manipulate them into soliciting illegal sexual activity.

And we all know what happens next – that person will be arrested and charged with a sex crime. In a matter of minutes, a person’s life can be flipped upside down. The legal consequences of a conviction can result in years in prison and mandatory registration as a sexual offender. The social and professional consequences of a sex crimes conviction can be just as bad for those convicted of child sexual abuse or child pornography.

Published on: August 1, 2014

New York Prison Guard in Pinellas County Jail for Allegedly Attempting to Have Sex with 11-Year-Old Girl

by Whittel & Melton, LLC

A New York high-security prison guard is accused of purchasing a purple Rapunzel costume from a Disney store and sending it to Florida in February as part of a plan to have sex with an 11-year-old girl, according to a federal complaint.

The 34-year-old man allegedly answered an online ad last summer from a self-described single mom who was on the hunt for a man who could teach her daughter how to please him.

However, the ad was fictional, and just bait to trap suspected predators.

The “mom” was a Tampa-based agent for Homeland Security Investigations and the “girl” was not real.

The man was booked Tuesday into the Pinellas County Jail on federal charges of attempted child enticement, attempted production of child pornography and attempted receipt of the porn.

The Buffalo resident was initially arrested in New York on July 2.

Court records allege the man sent the “mom” a camera and asked her to take nude photos of the girl.

The adults apparently swapped hundreds of explicit texts and emails. In January, the man’s communication became more overt, according to reports. During this same time, the agent apparently told the man the “girl” was 11, not 12 as was the age first mentioned.

According to a spokeswoman for the New York State Department of Corrections and Community Supervision, the man is on leave without pay. He was hired as a corrections officer in 2006.

It is a crime for anyone to use the Internet to try to entice someone into having illegal sex. In fact, in order to be prosecuted for this crime, the act does not even have to actually be carried out. Additionally, as this case shows, there does not even have to be an actual victim for charges to be filed. Rather, your intent and efforts to achieve any unlawful contact will lead to an arrest.

Being accused of an Internet sex crime is quite serious. As soon as you are accused of a sex crime, your reputation is on the line. In most cases, your job, family and friends are jeopardized as well. A conviction could mean lengthy time behind bars, substantial fines and the permanent label as a registered sex offender. After you have been charged with a federal sex crime, you need to enlist the help of a Federal Sex Crimes Defense Lawyer at Whittel & Melton as soon as possible. These types of crimes are far too serious to even contemplate handling any phase of the case without having an experienced criminal defense attorney in your corner.

Published on: July 16, 2014

Ex-Florida Deputy Arrested in Alaska after Living More Than 2 Decades as a Fugitive

by Whittel & Melton, LLC

A former sheriff’s deputy, wanted since 1991 for capital sexual battery in Bradenton, Florida, was arrested on identity theft charges early Friday at his home in Eagle River, Alaska.

Police claim they found the man living life on the lam in Alaska after he used his late stepbrother’s name to apply for a driver’s license and unemployment benefits.

The 60-year-old man has been the subject of a federal warrant for unlawful flight to avoid prosecution since 1993.

The man was living under the identity of his stepbrother, who died in his teens in the 1970s in Pennsylvania, according to the U.S. Attorney’s Office for the District of Alaska.

The man is charged in an indictment with two counts of unlawful use of a Social Security number for allegedly using his deceased stepbrother’s name and number to apply for an Alaska driver’s license in 2009 and unemployment benefits in 2013. He has also been charged with aggravated identity theft.

The Social Security Administration notified federal authorities of the alleged identity theft, according to reports.

The former deputy faces up to 12 years for the federal charges in Alaska, and could receive the death penalty in Florida if he is extradited.

Reports indicate that the former road patrol deputy was arrested in 1990 after he was accused of raping a 6-year-old girl in the 1970s. He fled the state before he could be tried.

Every state has the ability to make its own decision on whether to demand extradition. While each state has different standards for making this decision, it is likely that the state of Florida will seek to have this man brought back and tried for the alleged rape he is accused of. For the most part, states will not demand extradition for misdemeanors or minor criminal infractions. Moreover, the U.S. Constitution only requires that states demand extradition in the case of felonies and treason. The decision to extradite a fugitive can be made by prosecutors strictly based on the facts of the case.

In 1985, Congress passed the Uniform Criminal Extradition Act to set up a process for interstate cooperation when returning fugitives back to the state that is demanding them. All 50 states, which includes Florida, have adopted many of the provisions of the UCEA.

Published on: July 8, 2014

Manatee County Criminal Defense Attorney :: Bradenton Police Officer Arrested in Prostitution Sting

by Whittel & Melton, LLC

A Bradenton police officer was recently arrested for soliciting a prostitute.

The Manatee County Sheriff’s Office has been working undercover for the past few months to catch prostitutes. Deputies targeted both prostitutes and “johns” on websites. Once a price was successfully negotiated, the suspects were arrested.

Police claim that on June 4, the Bradenton cop answered an ad. He allegedly agreed to meet a female undercover deputy at a hotel off of Cortez Road on his day off.

The officer was arrested after police claim he agreed to pay $100 for sex.

According to reports, the officer resigned shortly after the arrest.

The suspect was a patrolman who had been with the department since 2006. However, the media was not made aware of the man’s arrest until nearly a month after it happened.

A Manatee County Sheriff’s spokesman says the media was not alerted right away “Because we had an ongoing sting going on. We don’t normally say that we’re making an arrest when we’re doing an ongoing sting. You wait until the sting is over.”

The Manatee County Sheriff’s Office has now wrapped up this sting.

Once the man’s criminal case is complete, the Bradenton Police Department plans to launch an internal investigation.

If you are facing a charge of prostitution, then you are dealing with a very tough situation. It is important to retain legal representation during this time as you need someone who can review your case and create a defense strategy that will deliver the best possible outcome for you. That outcome could very well be reduced or dismissed charges.

Prostitution is considered a severe offense because it is labeled as a sex crime. If arrested for prostitution, do not say anything to police or prosecutors because anything you say could be used against you in court. You do not want to incriminate yourself by saying anything that could be twisted or misinterpreted by law enforcement.

Published on: May 28, 2014

Polk County Criminal Defense Lawyer :: Prostitution and Human Trafficking Investigation Nets 98 Arrests

by Whittel & Melton, LLC

A former Orlando police officer and Polk County School Board volunteer were among 98 arrested for prostitution and human trafficking during a four day undercover investigation conducted by the Polk County Sheriff’s Office.

The four day sting operation started Thursday and finished Sunday.

Detectives focused on websites that advertise prostitution.

The Polk County Sheriff’s Office arrested 98 people, including 24 married men and women, 28 prostitutes, 52 “Johns” and 16 who brought prostitutes to the undercover location.

The undercover sting was titled “Operation: When will you learn.”

The former Orlando police officer, 44, is accused of trying to find women he could pimp out on the streets. He is charged with use of a two-way communication device to commit a felony and trying to derive proceeds from prostitution.

According to the Polk County Sheriff’s Office, the man was trying to be a pimp.

Another man, a 56-year-old Polk County School Board volunteer residing in Winter Haven, is accused of soliciting an undercover female detective to have sexual intercourse for $100. He was charged with soliciting another to commit prostitution.

Deputies also allege that the undercover operation broke up at least three human trafficking rings.

Polk County law enforcement officers often try to catch those engaging in illegal acts of prostitution by performing undercover sting operations on a regular basis. These undercover operations are conducted with the hopes of luring unsuspecting individuals into acts of prostitution. Many undercover detectives are not above using all types of tricky and underhanded methods to catch suspected pimps and even law-abiding citizens just so an arrest can be made.

Published on: May 16, 2014

Charlotte County Criminal Defense Lawyer :: Punta Gorda Man Facing Child Pornography Charges

by Whittel & Melton, LLC

State investigators arrested a Charlotte County man last week on several counts of possessing child pornography.

Agents raided the 43-year-old’s house on Mango Drive in Punta Gorda where they claim they discovered a computer that was advertising videos and images of young children being raped.

This man’s arrest was part of a larger, undercover sting operation targeting individuals in Southwest Florida believed to be in possession of child porn.

The man’s wife allegedly told police that her husband accidentally downloaded the images.

According to police, the woman said her husband was trying to download music from a website called “eMule,” a peer-to-peer networking site. However, police allege the man downloaded images of children engaging in sexual activity.

The woman told police that the images were deleted as soon as her husband saw what they were.

The Florida Department of Law Enforcement began investigating the man last October. Agents targeted computers with IP addresses in Southwest Florida believed to contain child porn.

Police claim the man began searching, collecting and advertising child pornography nearly a year ago. He is being held at the Charlotte County Jail on $500,000 bond.

Possession of child pornography charges are grave and require an aggressive criminal defense. If you have been caught in a situation where images of child porn were found on your computer, a Charlotte County Criminal Defense Attorney at Whittel & Melton can investigate the facts of your case and provide you with a thorough defense against these heinous allegations.

As trial attorneys and former prosecutors, we have the technical experience and knowledge needed to defend child pornography cases. The majority of these cases involve online peer-to-peer file sharing networks where the material in question is often mistakenly downloaded or is embedded in other files being downloaded, which can wind up being traced back to you. If you have been accused of possessing images of child porn or have been contacted by law enforcement, the best thing you can do to help yourself is to invoke your rights to remain silent and contact a criminal defense lawyer as soon as possible.

Published on: April 30, 2014

Sarasota County Sex Crimes Defense Lawyer :: Operation Intercept III Nets 12 Arrests for Internet Solicitation of a Child

by Whittel & Melton, LLC

The Sarasota County Sheriff’s Office has arrested 12 men in an undercover sting operation dubbed “Operation Intercept III,” targeting adults who use the Internet to solicit sex from children.

The men, ranging in age from 20 to 50, arrived at a decoy house in Sarasota County allegedly intending to have sex with a child, according to detectives. Instead, they were met by undercover officers.

According to the Sarasota County Sheriff’s Office, the men allegedly used phone applications, social media sites or Internet advertisements to contact undercover agents posing as minors or guardians of children.

Between Thursday and Saturday, agents claim that the men all engaged in sexually explicit conversations with what they believed were minors or parents of minors.

Most of the men charged in the sting believed they were talking to 14-year-old females. One case involved an agent posing as a 13-year-old girl, and another involved an agent posing as a 14-year-old boy.

One of the men arrested, a 33-year-old Tampa security officer, apparently believed he was talking to the mother of a 12-year-old girl. He allegedly started chatting with the mother on April 17 on OKCupid and then began texting. The man allegedly talked about taking the daughter’s virginity, according to reports.

Another man, 44, allegedly agreed to impregnate a 14-year-old girl, according to the Sheriff’s Office.

All of the men are charged with use of a computer to solicit a child to commit a sex act, travelling to solicit a child to commit sex and attempted lewd and lascivious battery.

Many of those arrested face additional charges related to sending nude photos or drugs.

The sheriff’s offices in Manatee and Sarasota counties have completed six stings, including this operation, in which more than 170 people have been arrested.

This is the most recent sting and the only one that has yielded less than 25 arrests.

Additional investigations related to this operation are ongoing.

Internet solicitation charges involving a minor are typically prosecuted quite aggressively. If you are facing this charge or a similar sex offense, you could be forced to deal with the serious social stigma attached to sex crimes against children as well as the very real possibility of spending years behind bars if convicted.

After the airing of the “To Catch a Predator” series, most people are familiar with how police conduct undercover Internet sex crimes investigations involving minors. However, when individuals meet online, this provides law enforcement with the opportunity to use entrapment to make their case. Entrapment brings up many constitutional rights issues, which is why the facts of your case must be thoroughly scrutinized to make sure no information was obtained illegally. Depending on the circumstances, if entrapment was used in your case, any evidence against you can be thrown out.

Published on: April 23, 2014

Florida Shows Alleged Decrease in Crime in Broward and Palm Beach Counties

by Whittel & Melton, LLC

According to reports released by the Florida Department of Law Enforcement on Wednesday, crime in Broward and Palm Beach counties took a plunge in 2013 and stayed in line with the state’s total decrease in criminal offenses.

In its 2013 Annual Uniform Crime Report, the state agency concludes that criminal activity, ranging from rapes and murders to robberies and burglaries, have steadily dropped in Florida over the past five years.

The overall crime rate fell by about seven percent in Broward County. With that said, the report relays that there were 46 more forcible rapes in 2013 compared to 2012. The biggest category of crimes to drop was robberies, decreasing by about 13 percent.

In Palm Beach County, the overall crime rate plunged by about three percent in 2013. Conversely, there were nearly 100 more vehicle thefts than in 2012.

FDLE computed the same number of murders in 2012 and 2013 in both counties — 80 in Broward and 74 in Palm Beach.

When you are charged with a crime in Florida, the consequences can be devastating. Criminal charges have the ability to haunt you for the rest of your life, sometimes going as far as limiting your ability to find a job, own or rent a home and even maintain or build new relationships. Even if you do not serve any jail time, a criminal conviction can still negatively impact your life.

A criminal investigation can progress rather quickly. What you may think is nothing right now could lead to your arrest tomorrow. The sooner you involve a criminal lawyer with your charges, the better the outcome for you. A South Florida Criminal Defense Attorney at Whittel & Melton can thoroughly analyze every aspect of your case and begin evaluating possible defenses and strategies right away. From early on, we will look for ways to help you avoid a criminal conviction.

We handle all of the following types of criminal cases, including:

Sex offenses, including rape, child molestation, child pornography, prostitution, indecent exposure, child abuse and sexual assault
Drug crimes, including possession, sale, distribution, grow house and trafficking
Violent crimes, including kidnapping, burglary, assault, battery, robbery, domestic violence, murder, manslaughter and weapons charges
White Collar Crimes, such as Internet crimes, fraud, forgery, identity theft and RICO
Juvenile Offenses
DUI Charges, including DUI Manslaughter and DUI Serious Bodily Injury

Published on: April 20, 2014

Manatee County Criminal Defense Attorney :: Manatee High Quarterback Charged with Lewd and Lascivious Battery

by Whittel & Melton, LLC

A Manatee High School quarterback was arrested Monday night and is facing charges of lewd and lascivious battery on a 15-year-old girl.

According to the Manatee County Sheriff’s Office, the 17-year-old was arrested at 8:13 p.m. Monday. The girl apparently reported the alleged incident to law enforcement earlier that day.

Investigators believe that the teen and the alleged victim attended a party Saturday where they both drank alcoholic beverages. The two apparently began kissing and the girl claims she told the boy to stop, according to a sheriff’s office report.

The report states that the teen grabbed the alleged victim, pulled her into the bathroom, turned off the lights and locked the door. Once inside the bathroom, the girl claims that the boy tried taking her pants off but she asked him to stop.

Following his arrest, the teen allegedly admitted to having some sexual contact with the girl but denied raping her, according to the sheriff’s office.

According to a Manatee County school district spokesman, the teen will be re-assigned to an alternative school until this matter is resolved. School district officials will cooperate with law enforcement’s investigation, but will make no comments until the case is settled.

This teen’s arrest comes just a year after unprecedented legal scrutiny involving Manatee High School athletics.

A former running backs coach is scheduled for trial on June 2 involving one of seven misdemeanor charges of battery involving former female students and school employees as well as three misdemeanor charges of interfering with a student’s attendance. He has pleaded not guilty and will receive separate trials for the charges.

Former Manatee High School principal and former assistant principals are all facing charges of failure to report child abuse in the same case involving the former coach.

Lewd and lascivious battery cases are rarely witnessed first-hand by anyone other than the alleged victim and the accused, so the prosecution usually relies on circumstantial evidence and unreliable accusations of the victim. In many cases, these allegations are exaggerated or completely fabricated. When these cases involve a juvenile that is accused of touching another minor in an inappropriate way they are usually tried in juvenile court. However, depending on the age of the accused, the State Attorney’s Office could very well file these charges in adult court. Due to the serious nature of these charges and the severe potential consequences, parents should never allow their child to discuss these allegations with anyone, including prosecutors and law enforcement, before obtaining experienced legal representation.

In Florida, lewd and lascivious battery is a second-degree felony punishable by up to 15 years in prison when the accused is 18 years old and the alleged victim is between the ages of 12 and 15. When a juvenile who is less than 18 years old is charged with lewd and lascivious battery and the alleged victim is between the ages of 12 and 15, then the crime can be charged as a third-degree felony punishable by 5 years in state prison. Any person convicted of this crime would be declared sexual offender and be forced to comply with sexual offender registration laws in Florida and throughout the United States.