Florida Criminal Attorney Blog

Published on: August 9, 2018

Ex-Teacher who Served Time for Having Sex with Students Has New Charge Dismissed

by Whittel & Melton, LLC

A former Hillsborough County teacher arrested last week on charges of probation violation has had the charge dismissed.

The 39-year-old was in court Tuesday for a hearing that she violated her probation for taking pictures with a friend’s 12-year-old daughter in a Clearwater Beach restaurant.

A judge dismissed the violation Tuesday, and she’ll be released Wednesday.

The woman made news in the Bay area in 2010 when she pleaded guilty to having sex with teen students.

She served six years in prison on lewd and lascivious battery charges and was released in 2016.

The woman reported the recent incident to her probation officer. Her probation prohibits any contact with minors unless approved by the court. She was arrested July 19.

The terms of probation can be very restrictive. You are expected to live your normal life while following strict procedures. You cannot travel too far from a fixed point, you must report regularly to a probation officer, and you must not be arrested for or charged with any further offenses, among other things. Failure to comply with any of these areas could be considered a probation violation.

If you have recently been charged with violating the terms of your probation, you face serious criminal consequences. Whether done so intentionally or by accident, you are likely to face harsh consequences, including extended probation, hefty fines, or sentenced to serve the remaining term of your original imprisonment. This all depends on individual circumstances – no two cases are the same.

Published on: August 8, 2018

Pinellas County Deputies Arrest 30 Unlicensed Contractors in Undercover Sting

by Whittel & Melton, LLC

Pinellas County deputies have been on a mission to arrest contractors accused of operating without licenses.

In a sting conducted from Saturday through early Monday called “Operation Flush Out,” 30 people were arrested after pitching electrical, drywall and other construction services to undercover detectives.

The three-day sting produced a combination of at least 60 felony and misdemeanor charges against people offering to work without a license or insurance, the sheriff said.

It is the sheriff’s third sting since October to combat the hundreds of unlicensed contractors who rip off homeowners and leave properties in shambles.

Contracting without a license carries a misdemeanor for first-time offenses and a felony the second time. Other violations include felony charge of workers’ compensation fraud. Florida law requires contractors in the construction industry to carry the insurance. Without it, violators can lower prices and steal business from licensed and insured contractors.

In the state of Florida, unlicensed contracting is usually charged as a first-degree misdemeanor, with penalties of up to 1 year in jail or 12 months of probation, and a $1,000.00 fine. If the accused has been previously convicted of contracting without a license, the offense may be charged as third-degree felony, which carries penalties of up to 5 years in prison or 5 years of probation and a $5,000 fine.

When it comes to charges of contracting without a license, it is vital to have a criminal defense attorney on your side to identify possible defenses and to minimize potential penalties. However, many people accused of this charge opt to plead guilty to the charge in order to avoid the expense of an attorney. By doing this, they obtain permanent criminal records, risk their chances of obtaining a license in the future and get slapped with paying out restitution to alleged victims that claim they performed substandard work or used sub-standard materials and caused a loss.

Published on: July 19, 2018

Columbus Doctor Indicted in Florida in Nation’s Largest Healthcare Fraud Investigation

by Whittel & Melton, LLC

A Columbus doctor has been indicted as part of the nation’s largest health-care fraud enforcement action by the federal government, according to reports.

The 44-year-old Columbus podiatrist was indicted on June 19 in the Southern District of Florida and charged with one count of conspiracy to defraud the United States and receive health-care kickbacks and three counts of receiving health-care kickbacks.

The man’s charges are part of a broader investigation by the Medicare Fraud Strike Force and includes 601 defendants across 58 federal districts, including 76 doctors, as well as nurses and other licensed medical professionals. They are accused of participating in health-care fraud schemes involving approximately $2 billion in false billings.

According to the man’s indictment, he allegedly received kickback payments from PGRX, a Weston, Fla.-based business that recruited and paid doctors to prescribe compounded medications for TRICARE and private commercial insurance beneficiaries.

During the course of the conspiracy, the man and his co-conspirators allegedly signed false medical director and speaker agreements in order to conceal that PGRX was paying the defendant for writing prescriptions, according to the indictment. As a result of these prescriptions, TRICARE made payments to Atlantic Pharmacy, a pharmacy located in the Southern District of Florida.

Medicare fraud is classified as a felony as well as a federal crime that carries some pretty steep penalties, both criminal and civil. The monetary liabilities can be huge. The possibility of being held accountable for Medicare, Medicaid, Tricare, and other health care fraud means you need to be proactive in your defense strategy and seek expert legal help right away. You could be branded a criminal and lose everything you have worked so hard to create in your career as a medical professional.

Regardless of how organized your practice and its operations are, the chances of being audited by Medicare are quite real, especially if you have a successful practice and submit high volume claims to the Centers for Medicare and Medicaid Services (CMS). Keep this in mind: according to government statistics, claims of approximately $50 billion per year are considered suspicious and subject to Medicare fraud investigation.

Published on: July 18, 2018

Former Plant City HS Quarterback Charged with Domestic Battery

by Whittel & Melton, LLC

A former standout high school quarterback in Tampa Bay is out on bond after being accused of beating his ex-girlfriend.

The 29-year-old is facing domestic battery charges in connection with an incident in Key West earlier this month involving his girlfriend at the time.

According to the Monroe County Sheriff’s Office, the man attacked the woman in their hotel room after reading text messages on her phone.

He is accused of punching her several times and knocking her to the ground and stomping on her throat.

The man was released on a $50,000 bond.

After being arrested for domestic battery, it is absolutely vital to the outcome of your case to seek expert legal defense as soon as possible. Domestic battery is a serious crime that involves the harm of a household or family member.

Domestic cases are very sensitive in nature, and all too often involve false accusations as a result of relationship problems. Untruthful statements may be made out of anger, and when police are brought into the matter, there is usually always an arrest made for domestic battery.

Published on: July 10, 2018

Warrant Issued for Jabar Gaffney’s Arrest in Vandalism Case

by Whittel & Melton, LLC

A warrant has been issued for the arrest of former NFL player Jabar Gaffney, who is charged with felony criminal mischief in the vandalism of his former teammate’s BMW.

Someone slashed the tires of Lito Sheppard’s BMW and poured a contaminant into the gas tank while the car was parked outside a Jacksonville Beach restaurant June 17, causing $14,000 in damage.

Afterward, Sheppard, a former Philadelphia Eagles cornerback, sought a temporary restraining order to keep Gaffney from coming near him or his family, according to reports.

Gaffney and Sheppard, former teammates at Raines High School and later at the University of Florida, grew up in Jacksonville. Both returned to the city following their professional football careers.

In Sheppard’s petition for injunction, which he signed under oath, he said Gaffney had been threatening and harassing him, as well as damaging his personal property. He said the two have feuded in recent years because of false allegations claiming Sheppard had an affair with Gaffney’s wife.

Vandalism refers to the destruction, defacement, or damage inflicted to another’s property. Under Florida law, criminal mischief, also known as vandalism, can be charged as a misdemeanor or felony depending on the amount of damage caused. When the amount of damage to the property in question exceeds $1,000, the offense is a third degree felony, punishable by up to 5 years imprisonment.

In the unfortunate event that you are facing vandalism charges, do not discuss your case with anyone. Our Jacksonville Criminal Defense Attorneys at Whittel & Melton urge you to consider the fact that anything you say and do can be used against you in a court of law, so assert your right to remain silent. You want your attorney present before any questioning can occur.

Published on: June 28, 2018

105 New Florida Laws Effective Sunday

by Whittel & Melton, LLC

Some changes are coming our way in Florida. More than 100 bills that Gov. Rick Scott signed into law from the 2018 legislative session will take kick in Sunday, including a new state budget that tops $88 billion.

Take a peek at the laws slated to take effect Sunday:

State budget

HB 5001: Lawmakers passed a $88.7 billion budget for the 2018-2019 fiscal year. The spending plan increases public-school funding by $101.50 per student, though Democrats and many education officials have argued that a far lower amount will be available for basic school expenses.

The budget will provide $100.8 million for the Florida Forever land preservation program and offer a $130 million increase in Medicaid funding for nursing homes. Lawmakers also included $3.3 billion in reserves and put money into such issues as Everglades restoration, beach restoration, “preeminent” universities and helping universities attract “world class” faculty.

Tax package

HB 7087: A roughly $170 million tax-cut package provides relief for farmers and property owners impacted by Hurricane Irma, provides a sales-tax “holiday” in August for back-to-school shoppers and retroactively covers a disaster-preparedness tax “holiday” in early June that coincided with the start of hurricane season. The package also includes reducing a commercial lease tax from 5.8 percent to 5.7 percent, though that cut will begin Jan. 1.

Education

HB 7055: The law expands the use of voucher-like scholarships to send more public-school students to private schools. One program in the bill will let students who face bullying or harassment in public schools transfer to private schools. The so-called “hope scholarships” will be funded by motorists who voluntarily agree to contribute sales taxes they would normally pay on vehicle transactions to fund the scholarships. Among other things, the bill also boosts the Gardiner scholarship program, which pays for services and private-school scholarships for students with disabilities.

Child marriage

SB 140: The bill will largely block minors from getting married in Florida. In the past, minors ages 16 and 17 have been able to get marriage licenses with parental consent, and judges have had discretion to issue licenses to younger minors if they have children or if pregnancies are involved.

Under the change, marriage will generally be barred for people under age 18, though an exception will be in place for 17-year-olds who have written consent from their parents or guardians. Also, the 17-year-olds will not be able to marry people who are more than two years older than them.

Opioids

HB 21: With Florida facing an opioid epidemic, the measure is aimed at preventing patients from getting addicted to prescription painkillers and then turning to street drugs such as heroin and fentanyl.

The bill, in part, will place limits on prescriptions that doctors can write for treatment of acute pain. Doctors in many cases would be limited to writing prescriptions for three-day supplies, though they could prescribe up to seven-day supplies of controlled substances if “medically necessary.” Cancer patients, people who are terminally ill, palliative care patients and those who suffer from major trauma would be exempt from the limits. The bill also requires physicians or their staff members to check with a statewide database before prescribing or dispensing controlled substances.

Bethune statue

SB 472: Lawmakers approved placing a statue of civil-rights leader and educator Mary McLeod Bethune, the founder of what became Bethune-Cookman University in Daytona Beach, in the National Statuary Hall in Washington, D.C.

The statue of Bethune will replace a likeness of Confederate Gen. Edmund Kirby Smith, who has long been one of Florida’s two representatives in the hall at the U.S. Capitol. The state’s other representative is John Gorrie, widely considered the father of air conditioning.

Slavery memorial

HB 67: The measure will lead to building a memorial on the Capitol grounds to honor the untold number of slaves in Florida history. The bill requires the Department of Management Services to develop a plan and costs for the memorial, with the plan then submitted to the governor and legislative leaders.

Daylight-saving time

SB 1013: The measure seeks to place Florida on year-round daylight-saving time. The change, promoted as a way to help Florida tourism, still needs congressional approval.

Veterans

HB 29: Named the “Don Hahnfeldt Veteran and Military Family Opportunity Act” after a House Republican who died in December, the measure expands a 2014 law by further reducing professional licensing fees and requirements for certain military members, veterans and their spouses. This bill also designates March 25 each year as “Medal of Honor Day.”

Foreign affairs

HB 545 and HB 359: One measure (HB 545) will prohibit state agencies and local governments from contracting with companies that boycott Israel. The other (HB 359) bars state agencies from investing in companies doing business with the government of Venezuela, a step intended to put pressure on the regime of Venezuelan President Nicolas Maduro.

Our Florida Drug Crimes Defense Lawyers would like to address the opioid epidemic sweeping across Florida and rest of the nation. Almost 80 people die of an opioid-related overdose daily. More than 30,000 Americans died in 2015 due to an opioid overdose. Part of the reason we are suffering from this crisis is because pharmaceutical companies push these drugs on people and doctors over prescribe them. We hope that the new bill (HB21) will help curb some of the unnecessary overdoses plaguing the country.

Opioid-related deaths and crimes have gotten significantly worse in recent years due to fentanyl. Fentanyl is a synthetic opioid that is used for extreme pain – mostly in operating rooms and hospice care. It is up to 100 times stronger than morphine and up to 50 times stronger than heroin.

Published on: June 26, 2018

Florida Medicare Fraud Defense Lawyer: Doctor and 2 Nurses Found Guilty

by Whittel & Melton, LLC

A physician and two nurses have been convicted of health care fraud in what authorities claim was a $12 million plus Medicare billing scam.

On Friday, a federal jury in Dallas convicted a 70-year-old doctor and a 47-year-old nurse of conspiracy to commit health care fraud. Both were also convicted of three counts of health care fraud.

Another nurse, 42, was convicted of four counts of health care fraud.

Prosecutors believe the scheme ran from 2007 through 2015. The trio was convicted of defrauding Medicare through false claims through a home health agency and a physician house call company. Evidence showed medically unnecessary home health services were ordered and often not provided.

Sentencing is pending.

The government is aggressively cracking down on Medicare fraud throughout the country like never before. These cases usually mean the government has been investigating a clinic, doctor or facility for months, maybe even years. The government performs a hard investigation into patients’ procedures and billing to find any errors. At Whittel & Melton, our Medicare Fraud Defense Attorneys are here to protect you from the consequences of a conviction. We will help you fight Medicare fraud charges head on.

The most common types of Medicare fraud charges include:

False invoicing
Improper coding
Billing for medical services not provided to the patient
Charging for unbundled services
Charging for medical devices not provided
Billing for patients that do not exist
Multiple billings of the same procedure

Published on: June 12, 2018

Casey Anthony’s Ex-Lawyer Receives 15 Years Behind Bars for Attempting to Fly Planeload of Cocaine

by Whittel & Melton, LLC

Todd Macaluso, a San Diego lawyer who once represented Casey Anthony, was sentenced to federal prison for 15 years for plotting to pilot a plane full of cocaine.

He was sentenced Thursday in Brooklyn federal court, months after he was found guilty of being part of an international drug ring.

Jurors deliberated for about an hour before reaching a guilty verdict in November 2017.

The 55-year-old was found guilty of agreeing to fly 1,500 kilograms of cocaine from Ecuador to Honduras aboard his Falcon 10 in 2016, prosecutors said. The plan was for Macaluso to bring the narcotics to Honduras, where Mexican traffickers would buy the drugs. He was going to get $200,000 as his flyboy fee, but he was arrested in Haiti before anything could happen.

From 2009 to 2010, Macaluso represented Anthony, a Florida mother charged with killing her 2-year-old daughter Caylee in 2008. The child’s body was never found. Anthony was acquitted in 2011.

Florida law defines cocaine trafficking as a person knowingly transporting, delivering, making, buying, selling, or actually or constructively possessing 28 grams or more of any mixture that includes cocaine. The mandatory minimum sentence depends on the weight of the cocaine that you are accused of trafficking.

In Florida, you are looking at the following consequences if convicted of trafficking cocaine:

28 grams-200 grams: 3 years in prison, $50,000 fine.
200 grams-400 grams: 7 years in prison, $100,000 fine.
400 grams-150kg: 15 years in prison, $250,000 fine.
More than 150kg : Life in prison.

Published on: June 11, 2018

Cook County Judge Orders Jail Time & Sanity Test for Laughing Courtroom Spectator

by Whittel & Melton, LLC

A Cook County judge in the murder case against Chicago Police Officer Jason Van Dyke has ordered a courtroom spectator who made a strange laughing sound during a hearing last Thursday to be jailed for more than five weeks and subjected to a sanity test.

The two-second outburst took place after the judge called for a recess and was stepping toward his chambers.

The judge ordered courtroom deputies to take the spectator into custody. After the hearing, the judge had him brought back out.

Standing before the judge, the man squinted and appeared confused.

The judge entered a finding of direct criminal contempt and ordered him jailed without bond until a July 10 hearing.

The judge also ordered the circuit court’s Forensic Clinical Services unit to examine the man for his fitness to stand trial and his sanity.

The man, 59, lives on Chicago’s Northwest Side. His mother, who lives in Indiana, said he has struggled with bipolar disorder since he was a teenager. She said he spent May 12-15 of this year in a hospital psychiatric unit.

Correctional staff members evaluated the man and put him in a mental-health section of the jail’s infirmary.

This Cook County judge has now jailed spectators for direct contempt during at least three of Van Dyke hearings.

Some Van Dyke proceedings, compared to other cases, have drawn large numbers of observers. The judge has warned he will not allow “mob rule” in the courtroom and has said his aim is a fair trial in this highly publicized case. At the start of each hearing, a sheriff’s deputy reads a warning from the judge against outbursts by spectators.

This case brings up the insanity defense, which most people are familiar with, but few understand how it works. A plea of insanity does not claim that the person on trial is innocent, but rather, asserts the person did commit the criminal act, but is not legally culpable for their own conduct due to poor mental health. An insanity defense varies from other defenses where if someone is found not guilty by reason of insanity, they are not released, rather they are committed to a mental institution.

Under Florida law, all people are presumed to be sane. So, the law assumes someone on trial for a crime is sane, unless that person can prove they are not. It is up to the person on trial to present “clear and convincing evidence” that they are factually not sane.

Published on: May 30, 2018

Anonymous Complaint Results in 2 Arrested for Crystal Meth in St. Augustine

by Whittel & Melton, LLC

An anonymous call to the St. Augustine police Saturday morning led to the arrest of two people on drug possession.

Police claim they responded to a parking lot on South Dixie Highway and found three people sitting in a car. The people in the car allegedly consented to a search and police say they found drug paraphernalia and a substance that field tested positive for crystal meth.

Two people, a man and a woman, were arrested on drug possession charges.

With the use of methamphetamine on the rise through the past decade, many states have enacted strict laws in an effort to decrease its production, and Florida is certainly no exception. Because of Florida’s strict drug laws, police can be particular overzealous in their arrests. Possessing even a small amount of crystal meth can lead to a felony charge that carries the very real possibility for jail time, significant fines, and a permanent stain on your record that can be a nuisance in the future in regards to education, employment, and housing opportunities.