Volusia County

Published on: August 26, 2014

Volusia County Man Pleads No Contest to Sexually Abusing Dog

by Whittel & Melton, LLC

A 62-year-old Daytona Beach man pleaded no contest to charges that he was sexually abusing his small female dog on Thursday, according to the state attorney’s office.

Reports indicate that neighbors of the man said they saw the accused have sex with his 8-month-old dog.

Authorities allege that the dog showed signs of sexual abuse. They further claim that the dog was tied up to a post with no food or water, according to the report.

The pit bull mix is now in the custody of animal rescue.

The man pleaded no contest to felony cruelty to animals and sexual activities involving animals.

His sentencing has been scheduled for next month and he faces up to five years in prison.

Animal cruelty charges can range in severity from misdemeanors to felonies, depending on the behavior in question. Animal cruelty becomes a third-degree felony under Florida law when a person intentionally commits any act on any animal that results in excessive or repeated unnecessary pain or suffering or cruelty that results in death of the animal. When animal cruelty is charged as a third-degree felony it carries a maximum penalty of a $10,000 fine and five years in prison. If prosecutors can show that the person accused of the animal cruelty violation knowingly and intentionally tortured or tormentented the animal to the point that it resulted in the injury, mutilation or death of the animal, the mandatory minimum fine for the offense will be $2,500 and the offender will be obligated to complete counseling or anger management courses.

Published on: July 1, 2014

159 New Laws Begin in Florida Tuesday

by Whittel & Melton, LLC

Florida will have 159 new laws starting Tuesday that address various issues, including college tuition, corporate tax credits, abortions and sex offenders.

One of the most prevalent laws is one that aims to protect children and others from dangerous sex offenders. The laws are intended to keep the most violent sexual offenders locked up longer and close any loopholes in a law that allows the state to send predators to a high-security treatment center once they have served their time in prison. The new laws will subject more offenders to potential civil commitment and prosecutors, detectives and victim advocates will be part of the committee that reviews their cases.

The sexually violent predator package of bills was among the first of the legislature sent to Gov. Rick Scott during the 60-day session that ended in May. The new laws are meant to create a better child welfare system in Florida. As of now, Florida is the only state in America that has a 50-year mandatory minimum prison sentence for violent sexual offenders.

Another law that seeks to protect children concerns the Department of Children and Families. The law changes how the department investigates and responds to cases; now placing a higher emphasis on shielding a child from abuse rather than focusing on keeping a family together. Moreover, the law also pays for 270 additional child protective investigators so that caseloads can be reduced and a response team can be sent out quickly to investigate child abuse deaths when the child had previous dealings with the system.

Another law will establish a statewide pilot program to pay for foster children’s driver’s education classes, license fees and car insurance so that they can be better prepared to gain employment when they turn 18 and leave the system.

The children of immigrants in the country illegally will now be able to receive in-state tuition at state universities after Scott changed his position on the issue. Another bill will give tuition breaks to honorably discharged veterans as well as waive professional licensing fees for them.

Local school boards now have the responsibility of selecting textbooks, whether or not they are on a state-adopted list, and will be required to put policies in place that allow parents to object to the books they choose.

Another new law took effect on June 20 that expands a voucher program, giving corporate tax credits to companies that provide money for low-income families to send their children to private schools.

As far as criminal laws go, there will be increased penalties for spiny lobster poachers, people leaving the scene of an accident that causes injury and people who illegally sell prescription drugs. Additionally, electronic cigarette sales to minors are now illegal in Florida. Another law forbids sending text messages soliciting products to residents on the state’s “no sales solicitation calls” list.

Florida has also changed its definition for its late-term abortion ban. Abortions will be illegal in Florida at any stage in a woman’s pregnancy if her doctor concludes that the fetus could survive outside the womb. The previous law banned abortions after 24 weeks of pregnancy. An exception can be made to this law if the mother’s life is at risk.

Lastly, new laws will create a Florida Tourism Hall of Fame and the position of state poet laureate to promote poetry in Florida.

Laws across the United States are constantly changing. When you have been accused of committing a crime in Florida, only a Florida Trial Lawyer at Whittel & Melton can provide you with the legal representation that you need. While many attorneys are quick to negotiate with prosecutors to obtain a plea bargain instead of pursuing trial, our Florida Criminal Attorneys know that sometimes trial is the best option for your situation. We thoroughly evaluate every case and will always advise you of your best legal defense strategy.

Published on: June 16, 2014

Volusia County Criminal Defense Attorney :: Two Men Arrested for Drug Crimes in Deltona Crime-Suppression Operation

by Whittel & Melton, LLC

Two men were arrested around 3:35 p.m. on Friday after a Volusia County Sheriff’s Office deputy positioned along State Road 415, in Osteen, noticed a car go by and observed the passenger not wearing his seat belt.

The deputy stopped the vehicle and remarked that both men seemed nervous. When asked why he was not wearing a seat belt, the passenger, a 42-year-old Deltona man said he was simply too large to wear the belt.

The deputy called a Sheriff’s Office drug-detecting K-9 to be brought to the scene. The dog quickly alerted deputies to the presence of drugs. Officer’s uncovered cocaine, 23 grams of marijuana hidden under the passenger’s stomach fat, a .380-caliber semi-automatic handgun and more than $7,000 in cash stuffed into a tube sock.

According to deputies, the vehicle’s trunk and interior were sprinkled with carpet freshener and scented dryer sheets, which is a common trick used to hide the odor of drugs when they’re being transported.

The driver, a 38-year-old Sanford man was arrested and charged with possession of cocaine. The passenger was arrested and charged with possession of marijuana and also was cited for not wearing his seat belt, according to a Volusia County Sheriff’s Office release.

The arrests were part of a crime-suppression operation run by the Sheriff’s Office targeting crime and traffic enforcement in the Deltona area.

The operation began around 10 a.m. Friday, June 13, and lasted for about 10 hours.

Named Operation Summer Shield, the operation was intended to combat property crimes, illegal drugs and dangerous driving offenses, such as speeding, DUI, running traffic lights and stop signs and reckless driving. The key objective of the operation is to decrease, deter and dislodge crime through aggressive enforcement.

Friday’s operation netted 23 arrests and resulted in the issuance of 83 traffic citations and 14 criminal citations. Deputies also conducted 148 traffic stops.

Of the 23 arrests, five were for felony offenses, 16 were for misdemeanor charges and two were the result of open warrants. Some of the other charges included illegal possession of prescription drugs, driving with a suspended license, possession of drug paraphernalia and interference with child custody.

According to deputies, similar operations will be run throughout the summer months.

A drug possession conviction carries serious consequences for one’s life, future and career opportunities. Some of the potential penalties for drug possession include imprisonment, substantial fines and the loss of one’s driver’s license for two years.

Whatever drug you are accused of possessing, a drug crime conviction could be life altering. A Volusia County Drug Crime Defense Lawyer at Whittel & Melton can help fight all types of drug possession charges. We will not only work tirelessly to keep you out of jail, but will strive to achieve a case dismissal, a suspended sentence or even a successful appeal for those convicted of drug possession.

Published on: May 12, 2014

Man Sues Over ‘COPSLIE’ License Plate Rejection, Supreme Court Rules in His Favor

by Whittel & Melton, LLC

On Wednesday, New Hampshire’s highest court ruled that the state infringed the free speech rights of a man who wished to have “COPSLIE” on his license plate.

The state Supreme Court agreed with the arguments of the man in a unanimous decision.

The man said he wanted the vanity plate to protest “government corruption.”

Published on: January 6, 2014

Volusia County Criminal Defense Lawyer :: Daytona Beach Police Continuing Crackdown on New Year’s Gunfire

by Whittel & Melton, LLC

Law enforcement officers in Daytona Beach continued their crack down on celebratory New Year’s Eve gunfire this year.

For the eighth year in a row, men and women from the department were out in full force detaining those suspected of firing weapons.

This year, police arrested two men who allegedly fired weapons into the air.

Police claim that once the clock strikes 12, otherwise responsible citizens think it is OK to do things that are not acceptable to do the other 364 days a year. Celebratory gunfire into the air is one of the most common offenses on New Year’s.

The Daytona Beach Police Chief issued this statement: “Going outside and firing off your AK-47 to celebrate the New Year is a good way to get yourself locked up. You know, what goes up must come down.”

In 2006, a man was killed after a stray bullet hit him during celebrations in Orlando. A bullet fired into the air can fall to the ground with enough speed to deliver severe injuries or even death.

Firing a gun into the air is a third-degree felony that can carry a sentence of up to five years in prison. However, it can be difficult to prosecute people who fire guns in the air to celebrate. In fact, a Daytona Beach man arrested last New Year’s for allegedly firing guns, has yet to be tried in court.

Police claim the man was arrested last year for allegedly firing assault-style weapons from a home on School Street. No one was hurt by the stray bullets. He was only charged with carrying a concealed weapon and his case still has not made it to trial.

When it comes to these types of cases, police and prosecutors must prove that the accused fired a weapon into the air. This can be difficult to prove if the arresting officer did not witness the suspect actually discharging the firearm. Regardless, weapons charges are quite serious criminal allegations that should not be taken lightly. If convicted of weapons charges, the penalties can be very harsh.

Published on: November 8, 2013

Volusia County Criminal Defense Lawyer :: Daytona Beach Family of Five Accused of Living with Decomposing Body and Cashing in on Dead Woman’s Benefits

by Whittel & Melton, LLC

The parents of three children living in Daytona Beach were arrested last week after police allegedly discovered the family was living in a dead woman’s house. In fact, police claim the woman’s body was decomposing in a bedroom.

Police conducted a well-being check at the Holly Hill home after they were contacted by the Department of Children and Families who had not been in touch with the owner of the home since early September.

Police officers apparently forced their way into the home and found the body of a woman, believed to be a 33-year-old woman who had spina bfida and was wheelchair-bound.

According to the Holly Hill police chief, the smell was so bad “you could smell it from 150 feet away.”

Police claim they found a 38-year-old man and a 32-year-old woman living across the hall with their 4-year-old child. The couple had apparently been living with the deceased on and off for years.

They were apparently living in the home with the decomposing body along with their other two children, ages 6 and 11, who were at school when police arrived at the home.

In addition to the dead body, police claim they also found dog feces and urine in the home and evidence of drug abuse in the form of bath salts.

Both parents allegedly admitted that they had been cashing in the dead woman’s food stamps and Social Security benefits. However, they claim they were unaware the woman had died and assumed she left the home.

Both were arrested on charges of child neglect and failure to report a death to the medical examiner. The man is also being charged with theft of utility services as well and is accused of illegally connected electrical and water service on the residence when it had been cut off.

The couple’s three children are now in protective custody.

Police have viewed the woman’s death as suspicious and ordered an autopsy and toxicology report last week.

Published on: October 25, 2013

Volusia County Criminal Defense Lawyer :: Deputy Arrested for DUI had Child in Car at Time of Arrest

by Whittel & Melton, LLC

A Volusia County deputy sheriff who was arrested Saturday night on a DUI charge will also face a child-neglect charge because a 7-year-old girl was apparently in the patrol car with her.

The 37-year-old woman has been placed on administrative leave with pay, according to the Sheriff’s Office.

She was off duty at the time of her arrest, but driving her patrol car, the Sheriff’s Office said Sunday.

The woman has been with the agency since 1999 and works at the Volusia County Courthouse Annex in Daytona Beach.

No further information has been released at this point.

The consequences of a DUI charge alone can result in jail time, stiff fines and the loss of your driver’s license. Having a minor in your car with you when you are stopped by law enforcement can tack on additional penalties, including child neglect and child endangerment charges. These charges are counted as separate offenses from a DUI charge, meaning that the combined penalties could result in longer time behind bars and increased fines.

DUI cases involving minors travelling as passengers in the car are highly emotional and require the help of a DUI defense attorney who can apply a powerful defense based off the facts and not what the prosecution speculates. When faced with child neglect charges stemming from a DUI, you must protect your rights starting from your arrest all the way through the conclusion of your case. A Volusia County DUI Defense Attorney at Whittel & Melton can help you pursue a positive outcome that you can live with. As trial attorneys and former prosecutors, we fully understand how the State builds its case against those charged with DUI and child neglect. We are available 24/7 to discuss your case with you and make sure you understand what can be done to defeat the serious charges against you.

Published on: October 21, 2013

Volusia County Criminal Defense Lawyer :: Marathon Man Accused of Masturbating on Amtrak

by Whittel & Melton, LLC

A 33-year-old Marathon man was arrested Tuesday and charged with lewd or lascivious exhibition for allegedly masturbating in clear view of passengers on an Amtrak train.

The man is accused of exposing himself in front of a young child during the alleged incident.

The Volusia County Sheriff’s Office was called to the Amtrak station just west of DeLand Tuesday morning after the conductor apparently reported the incident to Amtrak authorities. An Amtrak agent put in a call to the Sheriff’s Office warning them that the train was due in the station in just a few minutes.

When deputies arrived at the station shortly after 9 a.m., the train had arrived and they talked to a passenger in the coach section who claims the man was masturbating in the seat next to him while he was trying to sleep. The witness alleges the man exited his seat while still exposed and walked down the aisle to the bathroom, where he passed a small child who appeared to be around 3-years-old.

According to deputies, the man said his blanket was moving back and forth because his stomach was itchy. Deputies claim the man later told them that he might have accidentally ejaculated on the bathroom floor.

The man was arrested for lewd or lascivious exhibition in the presence of a victim under the age of 16 and transported to the Volusia County Jail in Daytona Beach.

Any person convicted of lewd or lascivious exhibition faces severe consequences, including the very real possibility of being forced to register as a sexual offender or sexual predator. Registered sex offenders are required to comply with a strict set of registration laws in Florida and throughout the United States. If you are under investigation for lewd and lascivious exhibition or have already been arrested or charged with this offense in DeLand, Daytona Beach, Deltona, New Smyrna Beach, Ormond Beach or Orange City, it is best to contact a Volusia County Criminal Defense Lawyer at Whittel & Melton as soon as possible to protect your rights. As former prosecutors, we understand how the State and law enforcement officers investigate these types of cases.
To schedule a free initial consultation with us, please call us today at 866-608-5529.

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: September 4, 2013

Volusia County Criminal Defense Lawyer :: 14 Arrested in Synthetic Drug Ring Operation in New Smyrna Beach

by Whittel & Melton, LLC

Popular synthetic drugs such as K-2 and bath salts have found their way onto the shelves of many gas stations, convenience stores and smoke shops around the country, and it seems many of these drugs originated from Volusia County through an illegal distribution ring based out of New Smyrna Beach.

According to a Volusia County Sheriff’s Office news release, narcotics agents recently busted the organization in a series of raids that was the conclusion of a seven-month investigation, ultimately yielding 14 arrests.

The raid, dubbed Operation Tinker Bell, was launched in November by the Volusia Bureau of Investigation and was assisted by the State’s Attorney Office.

The release details that through a variety of undercover investigations agents gained access into the organization and learned that it was importing synthetic drugs from China and Canada. The drugs were then distributed around the United States, according to the release.

In certain cases, the various suspects bought the finished drugs through wholesalers and then re-sold the products at a mark-up. In other situations, suspects purchased the chemical components and actually manufactured the synthetic drugs locally and then shipped the finished product off to buyers.

The group allegedly distributed multiple kilos of finished product on a weekly basis. Through their retail sales of the synthetic drugs, the organization profited several hundred thousand dollars in the past few months.

Several businesses in the New Smyrna Beach area have been raided by VBI agents armed with court-issued search warrants.

Before these raids were executed, agents had already seized roughly 6,700 grams of synthetic drugs during the investigation, including a substance called Star Dust.

By the end of the raids, agents had seized another 50 pounds of drugs and almost $80,000 in cash from the organization. The raids were performed four months after the Sheriff’s Office organized inspections of more than 170 businesses around the county to make sure all local businesses were complying with the statewide ban of synthetic drugs.

Of the 14 arrested, most were charged with conspiracy to deliver a controlled substance, sale of a Schedule I substance and other various drug-related charges.

Drugs are a huge business in the United States, and those involved in the importing, manufacturing or selling of drugs can face serious criminal charges ranging from possession to drug trafficking. Law enforcement does not take these offenses lightly and are often conducting undercover raids to keep Florida’s streets drug free. Any time a large drug ring is busted, misdemeanor or felony charges can result depending on each individual’s level of involvement as well as the activities performed and the specific type of drug involved. Regardless of the charges you face, it is important to take these matters seriously and enlist the help of a criminal defense lawyer as soon as possible. You could be facing lengthy prison sentences and heavy fines.