Sex Crimes

Published on: December 10, 2015

Orlando Doctor Charged with Sexual Battery

by Whittel & Melton, LLC

An Orlando-area doctor is facing sexual battery charges after a patient reported being inappropriately touched during an examination.

The 42-year-old Orlando doctor was arrested Wednesday.

According to an Osceola County Sheriff’s Office report, an investigation began Tuesday after a 20-year-old woman reported to deputies that she had been inappropriately touched by the doctor.

The patient said she had gone to his office in Kissimmee for an annual gynecological exam, during which the doctor wore gloves, and a female nurse attended. At that time, the man referred the patient to another doctor, according to the report.

The patient returned to the doctor’s office Monday for a different medical issue, the report said. While there, she said the doctor asked her about her previous visit and conducted another gynecological exam, this time without gloves and without a nurse present, the patient reported.

The patient said she called the doctor’s office on Tuesday to request a doctor’s note for work purposes, but when no one answered, she went to the office. A sign on the door said the office was closed, she said, but she claims she ran into the doctor in the parking lot. She asked him if he could provide her with a doctor’s note, and he invited her inside, according to reports

While there, the doctor apparently asked the patient about abdominal pains she was having from an earlier visit. He then allegedly examined her without gloves and asked her if she felt excited, the report said.

The patient apparently told him she was uncomfortable and again asked for the note, which he gave her, and she left. She immediately reported the incident to deputies.

The doctor’s Florida medical licenses are current, and he has no complaints or disciplinary action on his record in Florida, according to a Florida Department of Health licensure search. He previously has held medical licenses in Mississippi and Wisconsin.

At Whittel & Melton, our Orlando Criminal Defense Lawyers understand that your reputation is at stake when you are accused of a sexual offense. We proudly serve clients throughout the state of Florida with criminal defense against all charges of sexual misconduct. As trial attorneys, we can be an aggressive and zealous advocate on your behalf.

Regardless of how serious the sexual battery charges are, it is imperative to remember that taking these allegations lightly or talking to anyone other than your lawyer about the alleged incident will hurt your case. Do not underestimate the value of exercising your right to remain silent.

Published on: October 22, 2015

Polk County Convenience Store Owner & Clerk Arrested for Selling Porn to Minor

by Whittel & Melton, LLC

A convenience store owner and a clerk were arrested Thursday after deputies claim they openly displayed pornography on the store’s shelves.

A 25-year-old Winter Haven man and a 53-year-old Eagle Lake man are facing charges of displaying obscene material harmful to minors. One of the men is facing an additional charge of sale of obscene material to a minor.

According to the Polk County Sheriff’s Office, deputies received a complaint about pornographic magazines like Barely Legal, Hustler and Playboy being openly displayed for sale in the store, which is within walking distance of two schools. The rack that holds the magazines is about 10 feet away from the entrance, according to reports.

Deputies allege that one of them sold two pornographic magazines to an underage boy, who was working with deputies in the investigation.

One of the men allegedly asked the 17-year-old boy for identification, which showed he was underage. He then told the teenager to leave the store and park his car in a space directly in front of the store so he could make sure the teen didn’t have anyone with him, deputies allege.

Deputies also claim that one of the men offered to sell the teenager pornographic DVDs he kept behind the counter.

One of the men was previously arrested in 2012 for selling alcohol to a minor, according to reports.

Owners of convenient stores, as well as employees who work there, always run the risk of obscene materials charges. If police decide to crack down, as this case shows, they will not only face criminal prosecution, but they can potentially lose the business they have worked so hard to build. If you have been the target of an effort by law enforcement to get rid of obscene materials in the community and you happen to be arrested, you need the help of a criminal defense lawyer who can stand up to overzealous prosecutors.

Published on: October 20, 2015

Pasco County Janitor Accused of Sending Nude Pics to Student

by Whittel & Melton, LLC

A janitor at a Pasco County high school is accused of sending naked photos of himself to a student.

The 24-year-old was arrested Thursday after deputies claim he sent five nude photos of himself to a 17-year-old student at Fivay High School.

Deputies believe that between July and September, the man sent the photos to the student using Facebook Messenger. The man was working at the school at the time, and deputies allege he knew the student was under the age of 18 at the time.

The man was arrested on charges of transmission of material harmful to minors by electronic device or equipment.

He was released from the Land O’ Lakes Detention Center after posting a $5,000 bond.

A sex crime case is a serious problem for those accused. Florida is known as one of the toughest states for sex crime defendants. A conviction can mean a lifelong stigma of being labeled a sex offender, which makes it difficult to find a job, find a place to live, carry on normal relationships, and even communicate with others as convicted sex offenders may be banned from owning a computer or cellphone. An aggressive defense is absolutely necessary in the face of a sex crime investigation or arrest.

Published on: October 14, 2015

Pasco County Substitute Teacher Accused of Molesting 2 Children

by Whittel & Melton, LLC

A substitute teacher from New Port Richey was arrested Friday after investigators allege he molested two children more than 50 times, according to the Pasco County Sheriff’s Office.

The 68-year-old man was charged with multiple counts of lewd and lascivious molestation and lewd and lascivious battery.

His alleged victims were between the ages of 8 and 9 and 11 and 15, with the last molestation occurring in 2012, according to reports.

The man has been fired by the School Board and is being held without bond at the Land O’ Lakes Detention Center.

Child molestation is a serious charge that carries not only grave legal consequences, but has severe social consequences as well. The sad truth is that these types of accusations can ruin an innocent person’s life. A conviction of almost any type of child molestation charge will result in being labeled as a sex offender for life, which can destroy relationships with family and friends.

False accusations of child molestation happen every single day throughout the country. Sadly, prosecutors and the public are often inclined to side with the accuser in these cases. If the accusation leads to a conviction, the consequences will undoubtedly last a lifetime. It is absolutely vital that anyone accused of molesting a child consult with an attorney experienced in defending this type of crime as soon as possible.

Published on: October 12, 2015

Sanford Man Sentenced to 885 Years in Child Porn Case

by Whittel & Melton, LLC

A Florida man accused in a scheme to lure a 9-year-old girl to a vacant home, kill the child’s family members and then videotape himself raping her has been sentenced to 885 years in prison on child porn charges.

On Monday, the judge ordered the 31-year-old man to serve 15 years for each of 59 counts of possession of child pornography.

He was convicted in July.

Florida Department of Law Enforcement officials claim the man told the family he was a student making an independent film. The girl’s grandfather entered the house near Orlando, leaving the girl and his son-in-law behind in the car. He became suspicious and left before anything could happen, according to reports.

The man also faces trial on attempted murder and attempted rape charges. A date has not been determined.

Florida is a state in which the laws governing sexual offenses are extremely strict. Police usually err on the side of protecting the victim, not the accused. Sex crime charges, even just allegations, tend to leave have a lasting impact, which is why it is very important to be proactive in finding a criminal defense lawyer as soon as you believe you might be charged with a crime.

While downloading, possessing and producing child pornography is illegal, there are unique situations where the pornography was not downloaded intentionally, or the downloader was unaware that it was pornography. These facts must be established in order to develop an effective defense. Regardless of the circumstances, you need aggressive representation to address the accusations and charges so that you are not branded with an unwanted social stigma, including being forced to register as a sex offender. Moreover, these charges carry significant time behind bars, and each count of child pornography can carry a separate sentence.

Published on: September 16, 2015

Sex Offender Accused of Posing as Police Officer

by Whittel & Melton, LLC

A registered sex offender was arrested for allegedly impersonating a law enforcement officer.

Officials believe this is not the first time the man has done this – they claim it’s the 14th time.

The 48-year-old Frostproof man was arrested Thursday after deputies claim he pulled up to a traffic crash involving a vehicle and some livestock.

The Polk County Sheriff’s Office claim that they were investigating the scene in the area of Collany Lane and U.S. 27 when the man pulled up in a Ford Crown Victoria, activated a set of emergency lights, got out of the car and offered to help deputies.

The deputies apparently declined the offer, and the man got back into his car and drove north on U.S. 27 with the lights still activated.

Another vehicle then drove up and the people inside identified themselves as deputies with the Highland County Sheriff’s Office. They said the man was wanted for impersonating a law enforcement officer in their county, and they had been following him when he stopped at the crash site.

The man returned to the crash scene, emergency lights still flashing, as additional deputies arrived to assist. The man allegedly stopped near one of the patrol cars and spoke to a deputy, and then he pulled out a wallet that had a gold Private Investigator badge inside with “Chief” engraved on it.

Deputies allege the man presented the badge and identified himself as a Fugitive Recovery Agent. The wallet apparently contained several other cards identifying him as a private investigator, a “law enforcement detective,” a member of veteran’s groups and a member of the clergy. Another card identified him as a retired Major in the Marine Corps.

Deputies claim the man’s vehicle was equipped with a front push bar, emergency lights in the front and rear windows, a prisoner cage, caging over the rear windows, a spotlight and a scanner.

When deputies asked about his identification cards, the man allegedly first said he was a licensed private investigator in South Carolina, then later said he never claimed to be any of the things indicated on the cards. He also said he had never been a major in the military.

The man was arrested on charges of committing criminal actions under color of law to hinder a public officer’s duties, impersonation of a bail bondsman and driving with a suspended or revoked license.

He is also facing charges of impersonating a law enforcement officer and illegal use of police insignia out of Highlands County.

Deputies believe the man has been charged 13 times for impersonating a law enforcement officer in several states in the Southeast, including a 2010 incident where he was arrested at a Dunedin Publix after shoplifting candy and sticker books.

Police also claim the man is a registered sexual offender, and was convicted of a sex offense in South Carolina in 1992.

According to Florida law, falsely impersonating a police officer occurs when a person:

Falsely assumes or pretends to be a law enforcement officer; AND
Takes it upon himself or herself to act as a law enforcement officer

This crime is classified as a third-degree felony. If convicted of this offense, the following penalties can be imposed:

Up to five years in prison.
Up to five years of probation.
Up to $5,000 in fines.

Published on: September 15, 2015

Gainesville Cafe Owner Accused of Filming Girl in Shower

by Whittel & Melton, LLC

A man listed as a cafe owner in Gainesville was arrested Friday night after he allegedly tried to film a girl taking a shower, according to Gainesville police.

The 52-year-old man was charged with attempted voyeurism of a child younger than 16.

The incident allegedly happened about 10 p.m.

The girl told police she saw a hand holding a camera outside the bathroom window. She ran out of the bathroom and told a person in the house, police said.

As that was happening, the man apparently came into the house, police said. The man allegedly told police he was sorry and that he has a problem, according to the police report.

If you were arrested for voyeurism or any other sex offense, it is absolutely vital for you to understand the legal charges against you as well as the possible consequences. Florida’s laws are extremely complicated and when this crime involves a minor, you could be facing felony charges and multiple years in prison.

Published on: August 26, 2015

Registered Sex Offender Arrested on Child Porn Charges in Gainesville

by Whittel & Melton, LLC

A registered sex offender in Gainesville has been charged with possession of child pornography after police allege he had many illegal images on his cellphone. According to an arrest report, an investigation is also underway into whether he had sex with a child.

The 23-year-old man was charged with possessing photographs of sexual performances by children, a Gainesville Police Department report states.

The photographs allegedly show a child who appears to be prepubescent having sex with a man. Other alleged photos of a sexual nature involving children were also found.

The arrest report claims that the man admitted to downloading and viewing the other images of a sexual nature.

Police were apparently alerted to the man through calls to authorities regarding his downloading images and having urges for sex with a boy, according to a dispatch log.

During a police interview, the man allegedly confessed that he had sex with an unidentified 9-year-old, the report states. That case is currently under investigation.

Records from the Florida Department of Law Enforcement show the man was convicted in 2010 of lewd and lascivious battery on a victim under the age of 16 and lewd and lascivious molestation on a victim under the age of 12. The cases were in Levy County.

Either state or federal authorities can prosecute child pornography cases, however, in recent years, the majority of cases involving child porn have been brought in federal courts. Federal sentencing guidelines are much more severe than similar prosecutions in state courts. The prosecution of federal child pornography and other types of sex crime cases has significantly increased in the past decade, with 86 cases in 1995 to 1,769 cases in 2013.

Prosecutors in federal child pornography cases are quite aggressive, seeking years in prison for even the mere possession of illegal pictures. State cases tend to end in probation or shorter jail terms, but federal child porn offenses carry mandatory minimum sentences. In order to avoid the harsh consequences of a conviction, it is essential to not speak to police or prosecutors about your case without first seeking the advice of a criminal defense lawyer who has experience handling child pornography cases. Even if you are under investigation for child porn charges, you are still presumed innocent until proven guilty, but your case must be handled very carefully in order to achieve a favorable outcome.

Published on: August 20, 2015

Man Accused of Asking Preteen Girls for Sex Online

by Whittel & Melton, LLC

Clay County investigators arrested a 32-year-old Jacksonville man Friday that they claim made fake online profiles posing as a boy to lure preteen girls into having sex.

The man is charged with using a computer to solicit a child for sex, transmission of material harmful to a minor and making harassing telephone calls.

Deputies have accused him of contacting two female preteen victims and trying to persuade them into having sex.

Investigators claim the man admitted to making several fake online profiles, pretending to be a boy, then used those profiles to solicit young girls for sex — both online and on the phone.

According to the warrant against the man, one victim told investigators the man asked her for sex and for nude pictures of her via Facebook. She also alleges that he made a lewd phone call to her, according to the warrant. Investigators reported that they have another witness who claims to have received a similar obscene phone call from Meadows.

The man was booked into the Clay County Jail on $150,012 bond.

Sex crimes accusations are quite serious and the penalties attached to a conviction can be life changing. Certain sex crime convictions require the individual to register as a sexual offender. These include convictions involving minors, like this case, as well as sexual battery and rape, and sexual misconduct.

Sexual offenders and predators must report to the local sheriff’s office and provide personal information, including a home address, employment information, school information, email addresses and IP addresses, as well as other criminal information. Sexual offenders are required to re-register two or four times a year, depending on the conviction. Per Florida federal law, even registered sex offenders who are only visiting, attending school or working in Florida on a temporary basis, and reside outside the state, must register as sexual offenders in Florida.

Published on: August 7, 2015

Pasco County Deputy Arrested for Trying to Meet Teen for Sex in Broward County

by Whittel & Melton, LLC

A Pasco County law enforcement officer was arrested Tuesday night after authorities claim he showed up to meet a 15-year-old boy for sex in Davie.

The 22-year-old Pasco County Sheriff’s deputy is facing a federal charge of luring or enticing a minor into sexual activity.

In early June, deputies believe the man and the teen started exchanging very graphic messages through an online service.

A deputy apparently took control of the teen’s phone in mid-July and began communicating with the man. The deputy pretended he was the boy.

Pasco County Sheriff Chris Nocco immediately fired the man, who was still a probationary employee because he had worked there for only about nine months.

According to investigators, the man had extremely explicit online conversations about sex with the teen.

In the next few days, the undercover deputy wrote that he replied to the man’s messages and told him he was a 15-year-old virgin.

The man allegedly asked the “teen” to meet him for sex and asked if the minor would be able to stay overnight at a hotel, according to court records.

The man arranged to meet the 15-year-old at 8 p.m. Tuesday night at Pine Ridge Plaza on State Road 84, according to authorities.

Davie police arrested the man when he showed up at the plaza in a black Ford F-150 truck and sent a message that he had arrived. Police searched the vehicle and apparently found an iPhone with some of the messages the two had exchanged.

The man allegedly told police that he messed up and knew he the boy was 15.

He is scheduled to be in court Friday for a bond hearing.

The investigation was conducted by Davie police detectives who work with the FBI’s Child Exploitation Task Force.

Local and federal law enforcement agencies routinely conduct undercover sting operations in which they have an officer pose as a minor in online chat rooms, social networking sites, and as this case shows, even on the other end of a text message conversation. When an adult arranges to meet with the undercover officer who they think is a minor, law enforcement agents will immediately arrest them.

Whatever your particular case may entail, the most important thing to know is that the charges you face are very serious. You are facing life-changing penalties if convicted, including significant fines, prison time for any attempt to actually meet a minor, registration as a sex offender and life-long challenges on your personal and financial well-being.