Sex Crimes

Published on: April 13, 2016

UF Religion Professor Gets Probation for Voyeurism Charges

by Whittel & Melton, LLC

Gainesville, FL – A University of Florida religion professor who was arrested last year for video voyeurism after deputies claim he secretly recorded a teenage girl has been sentenced to five years’ probation.

The 54-year-old was arrested in October on charges of video voyeurism and possession of obscene material.

He allegedly put a USB recording device in the teenage family member’s closet in October 2014 to capture her actions on video, according to an Alachua County Sheriff’s Office arrest report. Of the seven video files the device contained, two apparently had content.

One of those videos apparently showed the man putting the device in the closet and repeatedly stepping back to check its location, while the other showed the teenager in just her underwear, the report said.

Earlier this month, the man pleaded no contest to one count of video voyeurism, court records show. He was sentenced to five years of supervised probation and must continue with counseling for at least 30 months.

He also is prohibited from possessing pornographic material and is subject to court-ordered restrictions regarding unsupervised contact with minors.

A judge withheld adjudication of guilt in the man’s case.

The man is currently on paid leave, has no professional duties at the university right now and remains banned from the grounds, according to a spokeswoman for the university.

A voyeur, also known as a “peeping Tom,” is someone who gains sexual gratification from watching others in secret. Voyeurism is a sexual offense that is illegal and carries serious consequences. Voyeurism is a felony crime that could result in time behind bars, which is why these charges must be dealt with accordingly. Sexually based offenses are never taken lightly by prosecutors, so you must not ignore such accusations or think you can clear any misunderstandings up on your own by speaking with police.

As soon as you have been accused of voyeurism, the best thing you can do to protect yourself is to obtain legal help. An Alachua County Criminal Defense Lawyer at Whittel & Melton can make sure you are fully aware of the charges against you and what needs to be done to try and achieve the best possible outcome. Sex crimes cases are highly unique – no two cases are the same – which is why you need to act fast and work with an attorney who can develop the best defense strategy for your case.

Published on: March 31, 2016

Whittel & Melton Fight For New Trial For Man Convicted of Child Molestation in Marion County

by Whittel & Melton, LLC

An Ocala man continues to wait in custody for a judge to decide whether he deserves a new trial. It has been more than six months since his conviction.

The 29-year-old maintains his innocence of the two charges for which a jury found him guilty in an early September 2015 trial: lewd and lascivious molestation of a child and burglary of a dwelling with battery.

The charges arose from a June 2014 call to the Ocala Police Department, in which a concerned grandmother relayed her granddaughter’s story that the man had come into her room during the night and rubbed his genitals over her shorts.

The man is well known to the girl, who was 10 years old at the time, and her family. He said he is close friends with the girl’s mother and was a regular visitor to the Ocala home the three generations of women shared.

The man has been challenging his conviction by petitioning for a new trial.

While the judge denied his first motion for a new trial, filed by the public defender who represented him at trial, his second motion is pending and was the focus of a hearing this week. During the hearing, the girl changed her story to some extent, recanting the part of her original testimony that related to the molestation charge.

The judge is expected to decide on the motion at a hearing set for 10 a.m. April 29. Should the man be granted a new trial on both charges, he could be released from the Marion County Jail as he waits for the new trial.

The man’s first motion for a new trial highlighted a new finding in jury conduct: one juror informed the man’s public defender that she did not know she was allowed to disagree with the other jurors, according to the motion. The public defender polled the all-female jury. Two jurors changed their verdicts, prompting more deliberation and an eventual consensus around a guilty verdict.

William Sheslow, of Whittel & Melton, LLC, was hired by the man after his trial and has pursued a different avenue in a second motion for a new trial. Sheslow argued that the man deserves a new trial based on a notarized statement from the victim’s mother, in which she wrote that her daughter told her after the trial that the man had never molested her. Sheslow also pointed out an antagonistic relationship between the mother and the public defender in the original trial, which he said would have prevented the public defender from obtaining this information.

The antagonistic relationship stemmed from an unrelated case, in which the mother was a victim and the public defender represented the defendant (who was not the man convicted in this case).

Sheslow presented this motion before the judge in November, and the judge requested that he subpoena the mother so he could gauge her credibility at a future hearing before making a decision. That hearing came Monday, when court records indicate the mother, the grandmother and the now 12-year-old girl all testified. The public defender testified as well.

Sex crimes, especially those believed to have been committed against a child, are taken very seriously by courts, as this case shows. The truth is that these cases often rely on the alleged victim’s testimony against the word of the accused. Sadly, testimony from a child is not always an accurate account of what truly happened, and prosecutors will push for a conviction regardless of what evidence is available.

A Florida Criminal Defense Lawyer at Whittel & Melton knows that sometimes mistakes are made during a criminal trial that can lead to wrong decisions being reached. Fortunately, Florida law provides for legal remedies to correct an improper conviction or sentence. A motion for a new trial may allow you to have your case heard again, but by a different jury.

Published on: March 16, 2016

Middle Schoolers in Highlands County Investigated for Sexting

by Whittel & Melton, LLC

Nearly 300 people attended a meeting Monday held by a Lake Placid principal to discuss the dangers of sexting among minors.

According to reports, the principal found one cell phone with a pornographic video on it, and that one video then turned into a “video that was passed among other students and shared with other students and social media was used to bully that student.”

The investigation has now allegedly identified 20 middle school girls that sent nude pictures of themselves to other male students.

The principal believes peer pressure forced the girls to send the pictures and video.

The Highlands County Sheriff’s Office is investigating the case for possible charges for child pornography or sexual exploitation of a minor.

The case was forwarded to the department’s Special Victim’s Unit because of the graphic nature of the images and video found on multiple Lake Placid Middle School student cell phones.

Police claim there were nude pictures of children between the ages of 12 and 14.

In addition to nude selfie pictures, police said they uncovered an extremely graphic video of a student masturbating.

That video is why the department is looking into the possibility that any students were the victims of sexual exploitation and/or child pornography.

The initial investigation started on Feb. 10 when a student allegedly showed naked pictures they received on their phone to a teacher. The teacher then took the phone to a school resource officer with the sheriff’s department.

With the rise of cell phone use, especially among teenagers, the practice of “sexting”—sending nude or sexually suggestive photos by text message—has become alarmingly common. When it comes to sexting, in Florida, the first offense carries a sentence of community service or a fine. If a student is convicted of sexting three times, it is then escalated to a felony.

Published on: March 8, 2016

Student Charged After Allegedly Posting Nude Pic of Teacher Online

by Whittel & Melton, LLC

A high school student who is accused of going through his teacher’s cell phone, finding a nude picture of her and posting it online has been charged with a computer crime and voyeurism.

According to authorities, the student, who is being charged as a juvenile, was taken into custody at Union High School in South Carolina without incident.

The 16-year-old is charged with a count of violating the state’s computer crime act in the second degree and a count of aggravated voyeurism.

He is being held in juvenile detention for a hearing in family court.

Officials said it is not clear how many people may have seen the social media postings of the photo.

The teacher, 33, has quit her job teaching mechanical and electrical engineering and computer programming at the school’s vocational center.

She told police that on Feb. 18 she stepped out of her classroom, which is when a boy took her unlocked smartphone from her desk, opened the photos application and found a nude selfie she had taken for her husband as a Valentine’s Day present.

According to reports, the superintendent said it was the teacher’s fault for leaving students unattended during a four-minute break between classes.

The voyeurism charge makes it illegal, for the purpose of sexual gratification, to record or make a digital file of another person without his or her consent. The computer crimes charge makes it illegal to take possession or deprive the owner of a computer of computer data.

Both charges are misdemeanors for a first offense.

Your child may face various negative consequence if they are arrested or charged with a juvenile offense. Being detained in a juvenile detention center or in jail is a very real possibility if convicted. In certain scenarios, your child may be removed from the home, either temporarily or permanently. With the help of our Florida Juvenile Crime Defense Lawyers at Whittel & Melton, we might be able to encourage the judge to allow for leniency, including probation or possibly just a warning rather than subjecting a minor to a criminal record.

Published on: March 4, 2016

Baker County Woman Accused of Having Sex With Teen

by Whittel & Melton, LLC

A 29-year-old woman was arrested last month after the Baker County Sheriff’s Office investigated a report that she was found in a shower with a 15-year-old boy.

The Baker County woman was charged with lewd and lascivious act on a child and booked into the Baker County jail.

According to the police report, the woman allegedly knocked on the door of a house and the homeowner agreed to let her take a shower, and told her to lock up when she left because he was going to sleep. The man claims he woke up about 90 minutes later when he heard noises and two voices coming from the bathroom.

When the father of the teen confronted her, the woman allegedly said nothing sexual went on while they took a shower. After he told her to leave, his son told him that she performed oral sex on him, Baker County deputies said.

The report goes on to say that the woman apparently admitted to investigators she went to the home while she was drunk and the 15-year-old boy came into the bathroom and kissed her while she was naked.

The woman said she pushed the boy away after he kissed her and denied performing oral sex on him.

Police and prosecutors treat sex crimes against minors quite harshly. If you have been charged with a sex crime, it is very important to refrain from making any statements or decisions regarding your case until you have secured legal representation. Sex offenses are aggressively prosecuted in Florida. The stakes are high in these cases, so you must act fast and obtain a Florida Criminal Defense Lawyer at Whittel & Melton as soon as possible to make sure your rights are protected. We will make sure you understand the charges filed against you and all of your defense options.

Published on: February 25, 2016

17-Year-Old Accused of Luring Boy Off Pinellas County School Campus & Sexual Assault

by Whittel & Melton, LLC

A 17-year-old student is accused of luring an 11-year-old boy out of in-school suspension at Pinellas Secondary School, an alternative school for grades six through 12, and attempting to rape the boy.

The 17-year-old apparently told the 11-year-old they were going to go to McDonald’s, but instead they wound up behind abandoned buildings and into a wooded area, where the 17-year-old, 255-pound, 6-foot-1 high school sophomore allegedly hugged the 73-pound sixth-grader and told him they were going to have sex.

According to police, the 11-year-old boy escaped by faking an asthma attack and asked the 17-year-old to let him call his mother from a nearby business.

Reports indicate that the 17-year-old teen has had similar run-ins with the law previously.

Last week, police arrested the 17-year-old teen and charged him with lewd and lascivious conduct on a minor and interference with custody for removing the 11-year-old from school. He is currently in custody at the Pinellas Regional Juvenile Detention Center.

When an individual is under the age of 18 and is accused of a crime, he or she usually ends up in juvenile court. A record of conviction in Florida juvenile court can follow the juvenile into adulthood and lead to serious problems. Our Criminal Defense Lawyers at Whittel & Melton fight aggressively to protect children and teens from unnecessary punishments that will haunt them well into adulthood.

Published on: February 24, 2016

Broward County Lawyer Accused of Child Porn, Abusing Minors

by Whittel & Melton, LLC

A Broward lawyer was arrested Saturday on federal child porn charges, and is also accused of abusing two underage girls, according to court records.

The 47-year-old was arrested at his Margate home. An undercover investigation allegedly revealed he was logging on to a “daddaughtersex” chat room from the Internet protocol address of his Fort Lauderdale law firm and trying to persuade a stranger to let him have sex with her 13-year-old daughter, authorities said.

The man was apparently communicating with an undercover officer for about six weeks.

Authorities claim they were quick to arrest the man on the child porn charges when they found evidence he was sexually abusing a real teenage girl.

According to reports, when agents from the Florida Department of Law Enforcement and the FBI’s task force on crimes against children went to arrest him, they uncovered evidence that he was abusing a second underage girl in Broward County.

Assistant U.S. Attorney Bertha Mitrani told the judge that prosecutors expect the man will be formally charged with distributing child pornography and other, more serious charges.

U.S. Magistrate Judge Alicia Valle ordered the man be detained at least until a hearing on Friday when the prosecution and defense can present their evidence and legal arguments to her.

The man came to the attention of law enforcement Jan. 13 when he allegedly chatted online with an undercover officer from the Vermont State Attorney General’s office, authorities said. The undercover officer was apparently posing as a divorced mother with two children in the “daddaughtersex” chat room.

In the chats, police claim the man told the undercover officer he had sexually exploited an underage girl and said the abuse was ongoing.

Investigators apparently traced the online Internet protocol address he was using to the Fort Lauderdale law firm where the man worked.

During one chat, investigators claim the man sent a link to a child pornography video that showed a girl, who appeared to be about 10 years old.

Later, police allege he sent more video links that included a 3-year-old girl being sexually abused by a woman and a 6-year-old also being abused.

The man has been terminated from the law firm where he was employed.

Child pornography charges are prosecuted in both federal and state courts. At Whittel & Melton, our Broward County Criminal Defense Lawyers work to resolve your case in a way that protects your reputation, family and future as much as possible. Sometimes this means going to trial, and in other scenarios, it means negotiating the best possible plea agreement to try and avoid mandatory minimum sentences and sex offender registration.

If you are under investigation, do not wait until you get arrested to consult with an attorney regarding your child pornography cases. By enlisting our help early on in your case, the better chances we have of establishing the best defense for your charges. If you have already been charged with a sex crime, call us today at 561-367-8777.

Published on: February 15, 2016

Citrus County Teacher Suspended for Allegedly Giving Students Pot, Booze and Sex Tips

by Whittel & Melton, LLC

A Citrus County teacher has been suspended without pay while an investigation is conducted regarding accusations that she gave students pot, alcohol and sex tips at a Christmas party hosted at her home last December.

The woman could face termination.

A complaint was filed Dec. 15 with the district against the Citrus High School teacher.

The complaints alleges that the woman hosted a party Dec. 12 at her home for several students.

According to the district, the woman may have known several high school students were drinking alcohol and smoking marijuana at her home. She is accused of hosting several parties over the summer and fall where similar incidents were reported and she allegedly discussed her sexual relationship with her spouse to students, discussing how to perform oral sex acts with students and reportedly making sexually derogatory statements to a male student over the phone.

School district officials claim they interviewed 15 students who all said they attended an “ugly sweater” party at the woman’s house. They reportedly said six students had to stay overnight at the teacher’s home because they were too intoxicated.

The district report says that it is not clear if the woman provided the alcohol or marijuana to the students.

According to the district report, a Snapchat video of the woman was taken showing her wearing a student’s jacket and slurring her words.

Citrus County Sheriff’s Office spokeswoman Heather Yates says they have forwarded the case on to the State Attorney’s Office. No charges have been filed at this point.

It can be devastating to a teacher when they are removed from their classroom following accusations of misconduct. Many teachers hear rumors of misconduct floating around at their school and fear their reputations will be ruined no matter what the outcome. These humiliating accusations can lead to a criminal investigation or even an arrest, often without any evidence to corroborate the accuser’s story.

Published on: February 8, 2016

Substitute Teacher Accused of Having Sex with Student

by Whittel & Melton, LLC

A Pasco County Schools substitute teacher was arrested Tuesday for having sex with a 15-year-old girl.

According to an arrest report, the 20-year-old Spring Hill man, engaged in a consensual sexual relationship with the girl from July to December 2015.

The victim was apparently 14 years old at the time the alleged relationship began. According to detectives, she was not a student of the man’s and they did not meet at school.

Detectives arrested the man after they recorded a phone call between him and the girl on Feb. 1 that apparently detailed their sexual activity. The girl reportedly cooperated with detectives in setting up the recorded phone call.

The man was released from the Land O’ Lakes Detention Center after posting a $10,000 bond.

Just like any sex crime, a substitute teacher who is convicted of having sex with a student faces a lifetime of social stigma as a registered sex offender. Any person employed by a school in a position of authority can be criminally punished for engaging in sexual activity with a student. This includes:

Teachers
Substitute teachers
School administrators
Student teachers
Teachers’ aides
School counselors

Published on: January 29, 2016

15 Arrested in Pinellas County Undercover Sex Sting

by Whittel & Melton, LLC

Undercover deputies arrested 15 men during an operation that sought out suspects who tried to solicit minors online, according to the Pinellas County Sheriff’s Office report.

The sting, called “Operation Wayfarer,” lasted five days. During the operation, Pinellas investigators posed as minors online on different websites, chatrooms and social media. They looked to establish online relationships with men who were looking to meet up with minors for the purposes of sexual activity.

Pinellas detectives allege that the suspects explicitly sought out minors for sex in their online communications.

The operation ended with 15 arrests. The suspects range in age from 20 to 47 years old and they were arrested on various charges like traveling to meet a minor and online solicitation of a minor.

If you have been charged, accused of or are under investigation for any type of Internet sex crime, it is vital to the outcome of your case to retain a criminal defense lawyer who is well-versed in the technical elements of your case. Sex crimes charges, especially ones involving minors, are not taken lightly by police or prosecutors. You must protect yourself and get the legal help you need right away.

At Whittel & Melton, our Pinellas County Criminal Defense Lawyers are comprised of former prosecutors who understand Internet sex crimes defense cases. We are more than familiar with how police set up online sting operations to catch alleged sexual predators in chat rooms, dating sites and other Internet sites. We also know that these aggressive police tactics can often infringe upon the constitutional rights of the accused. That is why we analyze every aspect of sex crimes cases, including the arrest and all evidence, to expose any holes or weaknesses in the prosecution’s case.