Florida Criminal Attorney Blog

Published on: September 12, 2016

Polk County Teacher Asking For Lighter Sentence For Sex Crime

by Whittel & Melton, LLC

A Polk County ex-teacher facing 22 years in prison for child sex crimes will be asking for a lighter punishment, according to reports.

The former English teacher pleaded guilty to 37 child-sex charges in March 2015 and was sentenced a few months later.

The 31-year-old was initially arrested on allegations she had a sexual relationship with a 17-year-old student. Investigators said she also admitted to having sex with two other teens at the school.

The judge told the woman that even though the victims were willing participants, their age doesn’t take away from the fact that this is a crime.

Now, the woman is seeking a lighter sentences for several factors, including an undisclosed mental condition, the victims being willing participants and a lack of treatment options available to her in prison.

She is scheduled to appear in court Tuesday to ask for that lighter sentence.

Any criminal accusation involving sex is quite serious and should be dealt with accordingly. Prison time and steep fines are enough to worry about for any criminal charge, however, sex crimes punishments can haunt you long after you have served your sentence. You are required to register as a sex offender in a public database, where anyone can see the details of your crime.

Just because you have been convicted of a sex crime, this does not mean that your defense is completely done. Depending on the facts of your case, it may be possible to appeal your conviction or obtain a reduced sentence.

Published on: September 9, 2016

Teen Charged In Fatal Crash in Winter Springs

by Whittel & Melton, LLC

A 16-year-old Winter Springs teen was arrested Thursday on charges of DUI manslaughter and vehicular homicide in a crash that claimed the life of an 18-year-old friend, according to Winter Springs police.

The teen was driving east on Shepard Road near Lisa Loop about 4:45 a.m. Aug. 27 when he lost control of the car, which left the road and hit a tree.

The passenger, died.

The teen allegedly had bloodshot eyes and slurred speech. The teen’s blood-alcohol content was apparently over the legal limit for Florida drivers.

It should also be noted that people younger than 21 cannot legally consume alcohol.

The teen was going at least 75 mph in a 25 mph zone.

The teen was booked into the Seminole County Juvenile Assessment Center on Thursday afternoon.

There are defenses in DUI manslaughter cases, which our Seminole County Criminal Defense Lawyers at Whittel & Melton can use. Even if the evidence stacked against you seems overwhelming, there are certain circumstances that could lead to such evidence being thrown out of court.

Being charged with DUI manslaughter is a very serious offense that will forever impact your life if convicted. Florida is one of those states that imposes strict DUI laws to deter drivers from driving drunk, and these penalties are enhanced on a regular basis.

Published on: September 8, 2016

Dixie County Man Accused Of Forcing Man And Woman To Have Sex

by Whittel & Melton, LLC

A Dixie County man, currently on probation for a Marion County rape, has been arrested on multiple charges after authorities claim he forced a man and woman to have sex in his camper.

The 36-year-old was charged by the Dixie County Sheriff’s Office Wednesday on two counts of sexual battery while armed with a deadly weapon, two counts of false imprisonment, and possession of a firearm by a convicted felon.

On Thursday, the man was charged by the Florida Department of Corrections for violating the probation he was on for previous convictions, including a sexual battery from Marion County. He had been released from prison on Aug. 1.

According to reports, a 20-year-old man and 53-year-old woman were staying in the man’s small camping trailer from Sept. 1 through Sept. 4 using illegal drugs. At one point, the man is accused of becoming violent, getting a gun and forcing the others to have sex while he watched.

The man apparently refused to let the two leave, padlocking the outside door to keep them in when he left the camper. The two were able to get out and call authorities when the man left for medical treatment and failed to lock the door.

When you are charged with a sex crime in Florida, it is normal to feel like the world is against you. Sex crimes are highly stigmatized by the public and treated quite harshly by the criminal justice system. There is no doubt that these charges require the help of a criminal defense attorney who will work to protect your rights.

Published on: September 7, 2016

Tavares School Janitor Accused Of Poisoning Coworker Over Promotion

by Whittel & Melton, LLC

A Tavares High School janitor has been accused of poisoning his coworker last week after she received a job promotion he wanted, according to the Lake County Sheriff’s Office.

The 39-year-old was arrested Friday on a poisoning charge after a fellow custodian reported to a school resource deputy that she suspected she had been poisoned, according to reports.

The woman, the school’s lead custodian, told investigators she believed the man wanted a job promotion and he had been trying to get her in trouble.

She told deputies she had sipped a Coca-Cola that she had bought from Wendy’s and had left unattended on her office desk. After sipping the drink, she said her throat started to burn and she had trouble breathing.

The woman said she recognized the odor, saying it was similar to that of a commercial floor stripper that was near her desk.

When investigators tested the Coke, they found chemical levels consistent with ingredients of the floor stripping product.

The manufacturer’s website warns that the substance is harmful if ingested and can cause respiratory irritation.

She was taken to Tavares’ Florida Hospital Waterman for treatment.

The man was booked into the Lake County Jail. He was released after paying $25,000 in bail.

The school district said the man’s employment status is under internal review. Officials said he was assigned to another location with no access to the woman or to any children.

Published on: August 24, 2016

Man Accused of Travelling From New York to New Port Richey To Meet Teen For Sex

by Whittel & Melton, LLC

A New York man is accused of traveling to New Port Richey to have sex with a 13-year-old girl.

On Tuesday night, at approximately 11 p.m., Pasco deputies were dispatched to the girl’s home in reference to an unwanted guest complaint.

The caller advised that his wife found a 21-year-old man in the bedroom closet of his 13-year-old daughter.

The man, 21, apparently told detectives he traveled from Staten Island, New York to New Port Richey by train to visit the teen.

The detective allegedly discovered the man had numerous nude photos of the victim on his cell phone.

Detectives arrested the man for lewd and lascivious battery, traveling to meet a minor and possession of child pornography.

According to the arrest report, the man told detectives he met the girl three years ago online and started “dating” her a year ago. He apparently told detectives he was unaware that the girl was 13.

The man was booked into the Land O’ Lakes Detention Center on $25,000 bond.

If you have been accused of traveling to meet a minor for sex, it is important to speak with a Pasco County Criminal Defense Lawyer at Whittel & Melton as soon as possible. Do not wait as these charges are very serious. You could face up to 15 years in prison and lifetime registration as a sex offender.

Published on: August 23, 2016

5 Notre Dame Football Players Arrested

by Whittel & Melton, LLC

Five Notre Dame football players were arrested Friday night after police stopped them for speeding and reported finding a handgun and marijuana in the car.

A senior safety, a redshirt freshman cornerback, a freshman wide receiver, a sophomore running back and a sophomore linebacker were each charged with possession of marijuana, a misdemeanor. Three of the five were also charged with possession of a handgun without a license, also a misdemeanor.

An Indiana State Police trooper stopped the five players in Fulton County for driving 73 mph in a 60 mph zone, according to an ISP news release. The officer reported smelling marijuana coming from the car, and a police dog indicated that there were drugs in the vehicle. Officers found a handgun and marijuana after searching the car, according to the report.

The Notre Dame vice president for public affairs and communications said in a statement that the university will determine if additional sanctions are needed.

If you have been charged with possession of marijuana, you need the legal advice of a criminal defense attorney. While you may be tempted to go with the free services of the public defender’s office, keep in mind that they will have dozens of other cases and will not have the time to devote to you and a successful outcome for your legal troubles. In fact, the public defender will most likely encourage you to accept a plea bargain, even though you may have a good chance of avoiding a conviction.

Published on: August 22, 2016

Texas Judge Resigns After Alleged Text Scandal With Prosecutors

by Whittel & Melton, LLC

Texas district Judge Elizabeth E. Coker is stepping down from the bench after she was apparently caught texting prosecutors on how to win cases.

A whistleblower revealed that Corker was sending text messages to prosecutors with suggestions on questions to ask in court in order to secure a conviction.

The judge, who sits on the bench over Trinity, Polk and San Jacinto counties, has resigned, according to a voluntary agreement with the State Commission on Judicial Conduct.

It stems from complaints and media stories alleging that Coker “had engaged in improper ex parte text communications with Polk County Assistant District Attorney Kaycee Jones while Judge Coker presided” over a criminal trial in August of 2012.

With those complaints, “the commission commenced an investigation into allegations that Judge Coker used Assistant District Attorney Jones to privately communicate information” about the case “to suggest questions for the prosecutor to ask during the trial” among other issues.

The agreement also said the commission looked into other complaints that Coker allegedly engaged in other improper communications and meetings with Jones, other members of the Polk County prosecutor’s office, the San Jacinto County District Attorney and certain defense attorneys.

The agreement goes on to say “the parties agree that the allegations of judicial misconduct, if found to be true, could result in disciplinary action against Judge Coker.” As a result, the parties sought to resolve the matter “without the time and expense of further disciplinary proceedings.”

Coker did not admit any guilt or fault.

Published on: August 19, 2016

Clermont Man Arrested For Allegedly Soliciting Girl Online

by Whittel & Melton, LLC

Florida Department of Law Enforcement agents arrested a 24-year-old man Wednesday for attempting to solicit a 10-year-old girl on the internet.

Authorities say the girl’s mother told the Orange County Sheriff’s Office that her daughter received sexually explicit material from a man.

Deputies then sent the case to FDLE agents in Orlando.

Over the course of the investigation, agents claim they discovered additional evidence that they say shows the man was both sending sexually explicit material and soliciting the 10-year-old to provide explicit material.

Investigators met with the man at his home in Clermont and arrested him. He is charged with transmitting material harmful to minors and using a computer to solicit a child.

The investigation is ongoing, according to reports.

Internet sex crimes, especially those involving minors, are viewed quite seriously by both prosecutors and judges alike. Juries tend to side with the child in these cases, which means an adult accused of soliciting a child could be facing major penalties if convicted. These charges must be dealt with right away, and a Lake County Criminal Defense Lawyer at Whittel & Melton can help you understand the full scope of the charges you are facing.

Published on: August 18, 2016

Wildwood City Commissioner Accused of Texting Death Threat

by Whittel & Melton, LLC

A Wildwood city commissioner is facing second-degree felony charges after deputies claim he texted a death threat.

The 38-year-old Oxford man was charged Wednesday with intimidation/writing or sending a threat to kill or injure.

According to a Sumter County Sheriff’s arrest report, a woman who told deputies she’d been with the man for more than seven years said that on the afternoon of Aug. 1, she received a text message from him that said, “I just beat my sons with a baton because of my anger towards you. I don’t want your gift of freedom. When I get back I’m going to take your life and mine.”

She told deputies that the man was in Texas when he sent the text.

The woman said that for the entire time they’ve been together, the man has been physically violent toward her and that in the past, she’d been punched, choked, kicked, pushed and dragged across a concrete porch.

The woman also alleges the man has previously threatened to kill her and the people she loves if she “moves on.”

The man has no criminal history. According to reports, the man had a first appearance in front of a judge Thursday and has bonded out of the Sumter Detention Center on $15,000 bail.

Criminal threats often revolve around one person’s word against another’s. However, credible threats are those made verbally, in writing, or via electronic communications like telephone, email, or texting. In the state of Florida, a “credible threat” is any behavior that causes the threatened person to reasonably fear for his or her safety or the safety of the person’s family or loved ones, and appears to be one that the person making the threat can actually carry out.A threat can still be credible under Florida law even if the person making the threat has no intentions of carry out the act or is incarcerated.

Published on: August 4, 2016

Former Plant City Middle School Teacher Accepts Plea Deal in Student Sex Case

by Whittel & Melton, LLC

The case of a former Turkey Creek Middle School teacher accused of having a sex with a 15-year-old student will not go to trial.

The Brandon woman accepted a plea deal Monday. She received five years in Florida state prison, two years of community control (GPS monitoring), followed by 15 years’ probation.

The woman was arrested and charged with sexual battery, lewd and lascivious battery and lewd conduct in February 2015.

According to the Hillsborough County Sheriff’s Office, the woman established a relationship with the teenager, who was a student in her classroom.

Deputies claim the relationship turned physical with the woman having sex with the boy at the school during school hours and once in his bedroom.

The woman will also have to register as a sex offender.

The decision to take your chances with a jury or to negotiate a deal with prosecutors is never easy when you are faced with a criminal offense. A Hillsborough County Criminal Defense Lawyer at Whittel & Melton can help you weigh the strengths and weaknesses of the evidence along with the potential penalties for a conviction. In most cases, we can attempt to work out a deal to avoid or minimize prison time. As former prosecutors, we know how to evaluate the judge and the DA involved in your case, which means we can prepare a powerful strategy accordingly.