Sex Crimes

Published on: October 14, 2013

Hendry & Glades County Criminal Defense Attorney :: Two Men Accused of Sexually Assaulting Teen on Party Bus

by Whittel & Melton, LLC

A 31-year-old Hendry County man was arrested by the Lee County Sheriff’s Office on Oct. 9 on a warrant from Hendry County on charges of sexual battery. That same day, the Glades County Sheriff’s Office arrested a second man, an 18-year-old Glades County man, also, on charges of sexual battery.

The charges stemmed from allegations made by a 16-year-old girl that she was raped on a party bus by the two men. On Oct. 1, the teen came to the Hendry County Sheriff’s Office with family members to report the alleged assault.

She claims that at the end of the night, the party bus was parked at a private residence in Hendry County where passengers were permitted to enter and exit the bus freely to mingle in the yard and in the home. The 16-year-old claims that she was left alone on the bus with the two men when they forced her to have sex with them.

The Hendry County Investigators filed for and received an arrest warrant on Oct. 7 for the men on charges of sexual battery. The 31-year-old Hendry County man is currently being held in the Lee County Jail on a $100,000 bond. The 18-year-old has been released on a $100,000 bond.

A person that is accused of rape is facing some very serious penalties and should seek legal advice right away. What you should remember is that you have the right to remain silent. What does this mean to you? Essentially, this means you are not obligated to answer any of law enforcement’s questions. You also have the right to have your attorney present during any questioning, which you should always take advantage of to avoid falling victim to any unfair police tactics. Additionally, while the prosecution may offer you a deal, you do have the right to a trial to present your side of the story to the court. A Hendry County Criminal Defense Lawyer at Whittel & Melton can explain your legal options as well as the potential consequences associated with each so that you can make the most informed decision for your unique legal matter.

Published on: October 8, 2013

Seminole & Volusia County Criminal Defense Lawyer :: Sanford Middle School Teacher Arrested for Child Porn

by Whittel & Melton, LLC

A Seminole County middle school teacher was arrested at his Volusia County home last month on child pornography charges.

The 66-year-old man was arrested by the Volusia County Sheriff’s office and the Florida Department of Law Enforcement and charged with multiple counts of child pornography, which was allegedly found on his computer and cell phone.

A Special Agent who heads up FDLE’s Cyber High Tech Crimes Task Force claims the man was in possession of photos that featured young girls in lingerie.

This arrest could keep the man out of work for a while. According to reports, the Seminole County School Board has suspended the middle school teacher effective immediately. He has worked for the school board since 2003.
The FDLE is currently looking into whether or not the man had pictures of his own students too.

When teachers face sex crimes accusations, the court of public opinion often marks the individual as guilty even if there is very little evidence of any wrongdoing. Unfortunately, charges related to possession of child pornography have the ability to turn everyone against the accused, which can make it difficult to receive a fair trial.

This Sanford teacher could be in for a struggle when it comes to an impartial trial. The school board has already suspended him, and even if the charges against him are eventually dropped, he could still be fired and be forced to find a new job, which might be difficult following sex crimes allegations. While there is no indication that this man has a criminal record or that any complaints were filed against him in the past, if he is convicted of possession of child pornography he will be facing a lengthy prison sentence, be required to register as a sexual offender and deal with the ramifications of a criminal record for the rest of his life. With so much at stake, it is absolutely vital for the man to protect his right to a fair trial and contact a Seminole County Criminal Defense Attorney at Whittel & Melton right away at 866-608-5529.

Published on: October 3, 2013

Clay County Criminal Defense Attorney :: YMCA Employee Accused of Receiving Child Porn via Internet

by Whittel & Melton, LLC

A 57-year-old Clay County man who taught sports part-time to children at a Clay County YMCA was arrested last month on a federal charge of receiving child pornography over the Internet, according to the U.S. Attorney’s Office.

According to a statement from a YMCA spokesman, the man has been suspended indefinitely from his job as a gymnasium monitor. His duties consisted of officiating sports games from time to time. He has been at the facility since 2005.

The YMCA claims a background check was conducted on the man as well as thorough screenings into any criminal history. No suspicious criminal activity was every found and no reports of mistrustful activity was ever mentioned during his years as a Y employee, according to the YMCA.

Authorities executed a federal search warrant at the man’s home where they allegedly found child porn on his computer. He apparently told investigators a file-sharing program had been used to download and share the images.

In recent years, federal investigators have started to seriously crack down on child pornography. In an effort to catch as many alleged distributors of child porn as possible, it is common for federal law enforcement agents to pose online in chat rooms and other web sites as suppliers and drum up conversations with unsuspecting individuals to see if they are interested in sending or receiving child porn via a file sharing program or through email.

Published on: September 28, 2013

Gilchrist County Criminal Defense Attorney :: Gilchrist Sex Offender Arrested on New Accusations

by Whittel & Melton, LLC

A Gilchrist County man with previous conviction of sex offenses was arrested last month after accusations were brought to light that he victimized a child, according to the Gilchrist County Sheriff’s Office.

The 49-year-old man was arrested on one count of sexual battery, two counts of unnatural and lascivious conduct and three counts of lewd and lascivious molestation, according to a news release.

Deputies apparently went to an undisclosed location after a call was placed requesting service. Investigators claim they determined that several offenses involving a juvenile victim had been committed by the accused and arrested the man without incident.

The accused was convicted of sexual offenses involving a child in 1994 in Pasco County, according to the Florida Department of Law Enforcement database. He served time in state prison from March 1994 to December 1997.

A conviction for a sex crime can seriously impact a person’s life. Not only can this send you to prison for a substantial period of time, but it can also result in substantial fines and a criminal record. Moreover, registered sex offenders must face the social stigma that comes along with being convicted of a sex crime, which often prevents them from leading a normal life.

If you or someone you care for is currently facing sex crimes charges, it is crucial to take swift action and contact a Gilchrist County Criminal Defense Lawyer at Whittel & Melton. Our team of dedicated criminal attorneys can make sure your rights are protected and that you receive a fair trial. Much of the State’s evidence presented in a sex crimes case are testimonies and statements from the victim, which in many cases is fabricated or exaggerated. In a majority of cases, DNA or physical evidence is not available, which opens the door for us to effectively argue your case and safeguard your future.

Published on: September 26, 2013

South Florida Criminal Defense Lawyer :: Broward County Court Bailiff Charged with Armed Kidnapping, Sexual Battery

by Whittel & Melton, LLC

A Broward County court bailiff made his first appearance in court Wednesday after being charged with armed kidnapping, two counts of sexual battery and aggravated assault with a firearm.

Details of the case involving the 62-year-old man were not discussed during the bond court hearing. However, a prosecutor did note that the charges involve a “high level of violence.”

The hearing has been postponed until Thursday so that the man’s attorney can attend.
The Broward judge asked the man if he wanted a different judge since he is a familiar face in his court. However, the man declined a different judge.

The Plantation Police Department has yet to release an official copy of the arrest report.

The man was booked into the St. Lucie County jail at 2 a.m. Tuesday. In his initial court appearance, he explained that he has children and grandchildren in Port St. Lucie.

A judge in St. Lucie County ordered the man held without bail, and on Tuesday afternoon, he was transferred by bus to Broward County.
Sheriff’s officials claim they have opened an internal affairs investigation but have yet to
determine the man’s job status.

The accused has been a bailiff for the Broward County Sheriff’s Office since 1999.
While the details surrounding this man’s arrest are unknown at this point, the charges he faces are quite severe. An armed kidnapping charge is classified as a first-degree felony punishable by up to life imprisonment. Sexual battery and aggravated assault with a firearm are also felony charges in Florida. Punishments for these crimes vary based on the evidence brought forth by prosecutors.

If you or someone you love is facing serious criminal charges in South Florida, you must immediately seek assistance from an experienced criminal defense attorney. A Broward County Criminal Defense Lawyer can help guide you through the legal process, clarify your options, and assemble the most robust possible defense on your behalf.

Published on: September 23, 2013

Clay County Criminal Defense Lawyer :: Jury Convicts Clay County Man in Child Sex Sting

by Whittel & Melton, LLC

After a four-hour long jury deliberation, a Clay County man was found guilty of arranging to meet a child for sex by an Alachua County jury on Sept. 13.

According to the 8th Circuit State Attorney’s Office, the 33-year-old man was arrested last year as part of an undercover sting investigation.

The man will be sentenced on Oct. 28.

The man was arrested in February 2012 during a sting operation where the Alachua County Sheriff’s Office posted an advertisement on Craigslist offering sex with a juvenile.
He was charged with soliciting a minor for unlawful sex using computer services or devices, improper use of computer services and traveling to meet a minor.

Internet solicitation charges between an adult and minor are viewed as a very serious offense throughout the state of Florida. The government has made it quite clear that an undercover detective posing as a juvenile online is not entrapment, and for every solicitation made, you could be slapped with a third-degree felony. This means that you could be facing five years in prison for every solicitation made. Additionally, Florida legislature has specific laws and punishments for adults who meet with minors after a solicitation has occurred. Any adult that travels to meet a minor for the purposes of engaging in sexual activity can be charged with a second-degree felony punishable by up to 15 years behind bars.

While Internet sex crimes are all fact specific, understand that any and all sex crime allegations are serious. One simple accusation can dramatically affect your reputation, relationships and possibly your freedom. If you have been accused of any type of sex crime in Orange Park, Green Cove Springs, Middleburg, Keystone Heights or the surrounding area, you need the help of a Clay county Criminal Defense Lawyer at Whittel & Melton who can protect your reputation and work to minimize the potential punishment. As trial attorneys, we are here to help you understand what to expect should you face a sex crime charge or conviction.

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: June 12, 2013

Broward County Criminal Defense Lawyer :: Ex-Miramar Police Captain Sentenced to 4 Years for Ordering 15-Year-Old Girl to Expose Genitals

by Whittel & Melton, LLC

A 47-year-old former Miramar police captain convicted of lewd and lascivious conduct for forcing a teenage girl to strip naked in a car to prove she wasn’t having sex with her 19-year-old boyfriend was sentenced to four years in prison Friday.

A Broward Circuit Judge later set a $30,000 bond so that the ex-cop could be out of jail while his attorneys appealed his conviction. The man retired a month after his June 2012 arrest. He is ordered to remain under house arrest during his appeal, unable to get a job or leave his home. He is allowed no contact with minors, except for his own teenage stepchildren.

In addition to the prison sentence, the man has been ordered to serve five years of probation as a sex offender following his release.

The judge reprimanded the man before delivering the sentence, claiming he abused his authority as a police officer in order to gape at the exposed body of a 15-year-old girl.

A jury found the man guilty of one count of lewd and lascivious conduct last month.
The ex-police officer apparently approached the girl and her 19-year-old boyfriend as they were making out in a parked car at the Fountains of Miramar on Dykes Road on June 18, 2012. The girl and her boyfriend testified that the man told her to show her genitals and used a flashlight to gawk at her bare body. Broward jurors acquitted the man of another count that accused him of directing the girl to expose her breasts.

The man’s defense lawyers argued several key points, including that the incident took place in the middle of the afternoon, that it was never clear whether the accused was the officer involved and that the girl and her boyfriend invented the entire story to cover up their illegal relationship. The boyfriend received immunity from statutory rape charges in exchange for his testimony against the ex-officer.

Jurors sided with the couple’s account of the incident.

Family members and supporters of the former police captain gathered into the courtroom on Friday hoping the man would receive a lenient sentence. He faced a maximum of 15 years in prison.

The man’s appeal is pending.

Published on: May 15, 2013

Florida Criminal Defense Lawyer :: 20 Men Arrested in Tallahassee Child Sex Sting

by Whittel & Melton, LLC

An Internet sex sting in Tallahassee last month dubbed “Operation April Fools” yielded 20 arrests in 5 days.

All of the men arrested are accused of soliciting minors for sex. According to police, 14 of the men showed up in person.

Police posed as 12, 13 and 14-year-olds online. According to reports, none of the men arrested stopped chatting with the teens about sex once they found out their age.

Police claim that one man traveled three hours all the way from Andalusia, Alabama with the hopes of meeting a 14-year-old boy for sex. He was immediately arrested once he showed up at the decoy house.

Tallahassee Police and Leon County Sheriff’s Office worked together on the sting along with other state and federal officers.

Among the men arrested include an attorney with the Department of Business and Professional Regulation and a reserve deputy with the Leon County Sheriff’s Office. Both men have been fired.

Undercover Internet child sex stings, like “Operation April Fools,” happen every day throughout the state of Florida and across the country. Law enforcement agents are constantly increasing their enforcement of the Internet in relation to alleged child sex predators by conducting undercover sting operations. Whether detectives pose as minors or the parents or guardians of young children, much time and money is poured into these undercover schemes. The purpose of these Internet sex traps is to make a considerable amount of arrests in a short period of time, and the Internet has only helped police achieve the desired outcome.

Published on: January 29, 2013

Gainesville Sex Crimes Defense Lawyer :: Three Men Arrested in Online Predator Sting

by Whittel & Melton, LLC

Gainesville, FL – The Alachua County Sheriff’s Office arrested three men this weekend in an Internet sex sting, including the Risk Manager for a University of Florida fraternity and a mechanic.

The men, ages 20, 23 and 40, were taken into custody after allegedly engaging in online chats and agreeing to meet an underage girl for sex.

The sting, dubbed “Operation Nightlight,” started Thursday and ended Sunday morning.

According to the sheriff’s office, undercover detectives used unspecified chat forums to talk with the men.

Once they arrived at the predetermined locations, they were arrested immediately.

The 20-year-old fraternity member is accused of conversing with the father of a 14-year-old girl about engaging in sexual activity with the girl.

He is charged with two third-degree felonies and one second-degree felony.

The 23-year-old man was allegedly involved in a former sting called “Tailspin,” but was never arrested because he did not actually show up at the arranged meeting spot. The man was arrested this time and charged with two second-degree felonies and three third-degree felonies. His bond is set at $250,000.

The 40-year-old mechanic is facing charges of one second-degree felony and two third-degree felonies. His bail is set at $75,000.

Internet sexual predator stings, like the one above, aim to protect underage children from online predators. Undercover detectives will place ads online or hang out in chat rooms and lure unsuspecting individuals into engaging in sexually explicit conversations. Once a location is agreed upon to meet at, the suspects will be placed under arrest as soon as they show up. The location of the decoy spot is usually never revealed so that police can use it again in future stings. These undercover operations can result in serious criminal charges so it is important to act fast and enlist the help of a criminal defense lawyer as soon as possible.

Sex crimes involving children are prosecuted quite aggressively in the state of Florida. All of the men arrested in “Operation Nightlight” face a second-degree felony charge, which if convicted, carries a maximum of 15 years in prison. These charges should never be taken lightly, as they can negatively impact a person’s personal and professional life permanently. The repercussions of a felony sex crime charge can cost a person their job, get them kicked out of school and worse, brand them a sexual offender for the rest of their life.