Florida Criminal Attorney Blog

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 19, 2016

Former Bucs OL Charged with Felony Assault, Battery in Tampa

by Whittel & Melton, LLC

A former Tampa Bay Buccaneers player was arrested Monday morning on charges stemming from an incident in January.

According to Tampa Police, Cosey Coleman, 37, was arrested at 11:30 a.m. at a home in Tampa. Coleman was an offensive lineman for the Bucs from 2000-2004.

A warrant was originally issued for Coleman’s arrest on Jan. 11, after he was allegedly involved in an altercation at Ducky’s Sports Lounge. While inside the bar, Coleman is accused of hitting a 40-year-old Tampa man in the face, knocking him to the ground. He was then escorted out by security.

When Coleman spotted the man leaving the bar, he allegedly grabbed a handgun from his car in the bar’s parking lot and began to raise his arm as if to point it at the man. Security grabbed him and prevented him from pointing or firing the weapon.

When authorities reached the scene of the alleged incident, Coleman was not present, and police issued the arrest warrant.

Police charged Coleman with two felony counts of aggravated assault with a deadly weapon and battery. He was released later Monday on a $15,000 bond.

Coleman played a total of seven seasons in the NFL, five with the Bucs. He finished his career in 2006 for the Cleveland Browns.

If you are facing felony assault and/or battery charges in Florida, understand that these charges are quite severe. Florida felony assault and battery charges carry the possibility of actual prison time. With that said, there is no room for discussion – you need help, regardless of your innocence. Felony assault and battery charges are the real deal and can send you to prison, wreak havoc on your personal and professional life, and forever change your life’s path.

Published on: February 17, 2016

Plant High School Student Accused of Bringing Guns to School

by Whittel & Melton, LLC

A Plant High School student has been arrested after he was allegedly found in his car with weapons while the school was on lockdown Wednesday morning.

Tampa Police charged the 18-year-old student with two counts of possession of a firearm on school property.

According to a report, the school, initiated a “modified” lockdown due to a phone call communicating a vague threat. During a search of the school’s perimeter by officers and school security, the teen was allegedly found in his car with weapons.

A Hillsborough Schools spokesperson said the teen is an avid hunter, and the alleged weapons were unrelated to the earlier phone threat to the school.

The lockdown lasted a little more than an hour. The school was not evacuated.

With school violence such a hot button issue and deadly shootings occurring even in elementary schools, school districts and Florida law have cracked down on individuals, including juveniles, who bring weapons onto school property.

Weapons prohibited from being brought on school property include:

Firearms
Shotguns
Rifles
Knives
Cutting tools
Nunchuck sticks
Any other tool, instrument or implement that can inflict serious bodily injury

If your child has been charged with possessing a firearm on school property, you will need to enlist the help of an experienced Florida Criminal Defense Lawyer at Whittel & Melton very quickly. As with all criminal charges, you should not talk to the police or prosecutors without your attorney present. Anything you say can be taken out of context and used against you. If the police question you, politely request your lawyer and refrain from answering their questions.

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 9, 2016

Brooksville Man Arrested for Selling Drugs Near Church

by Whittel & Melton, LLC

A man was arrested in Brooksville early Wednesday morning for selling crack cocaine near a church.

Hernando County Sheriff’s deputies arrested the 54-year-old man at his home on Twigg Street.

Their search of the house allegedly revealed crack cocaine, marijuana packaged for distribution, drug paraphernalia, numerous guns and rounds of ammunition.

The man was charged with three counts of sale and possession of crack cocaine within 1,000 feet of a church, as well as the following:

Possession of a Structure for Manufacturing Controlled Substance
Trafficking in Crack Cocaine
Possession of Methamphetamine
Possession of Marijuana over 20 Grams with Intent to Distribute
Felon in Possession of a Firearm (2 counts)
Felon in Possession of Ammunition
Possession of Drug Paraphernalia

The man’s house shares Twigg Street with three churches. It is also in the vicinity of a bus stop that services several schools, Brooksville Engineering, Science, and Technology Academy (BEST), and the Hernando County Sheriff’s Office South Brooksville Community Center, according to reports.

Florida laws make it a greater crime to be convicted of drug sales within 1000 feet of a church. This can enhance a misdemeanor drug crime to a first-degree felony, which means the person convicted could face up to 30 years in state prison.

The thing about drug crimes within 1,000 feet of a church is that these cases almost always have holes, like is it really a church? Does the church hold regular religious services? Does it actually measure one thousand feet exactly?

There is always evidence that must be questioned in drug crimes cases. At Whittel & Melton, our Florida Drug Crimes Defense Lawyers will investigate every shred of evidence and look for flaws in the prosecution’s case. Our ultimate goal is to beat the charges against you so that you can move on with your life unscathed.

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: February 2, 2016

Federal Jury Finds Cruise Ship Employee Guilty Of Smuggling Cocaine Into The United States

by Whittel & Melton, LLC

A federal jury recently found a 23-year-old cruise ship employee guilty of conspiracy to possess with the intent to distribute 5 kilograms or more of cocaine and possession with the intent to distribute 5 kilograms or more of cocaine.

He faces a mandatory minimum sentence of 10 years, up to life, in federal prison. His sentencing hearing is scheduled for March 11, 2016. He was indicted on August 21, 2015.

According to evidence presented at trial, the man was part of a drug distribution ring that imported cocaine into the United States from Roatan, Honduras using cruise ship employees at several ports in the United States. The man, along with five other crewmen from Norwegian Cruise Line, apparently received packages of cocaine from a source of supply in Honduras while the cruise ship was docked there. The packages ranged from 750 grams to a full kilogram of cocaine.

Reports indicate that once the ship had docked in Tampa, the crewmen gathered at a restaurant near the port to remove their secretly stashed cocaine packages. They then met with two local drug traffickers, who had ties to the Honduran source of supply, to provide them with the packages of cocaine. The two local traffickers were stopped by law enforcement after leaving the Channelside District. Agents claim they seized 10 packages of cocaine with a total weight of more than 7.5 kilograms. Agents also said they confiscated more than $50,000 from the crewmen.

The five other cruise ship employees previously pleaded guilty for their roles in this case. They will be sentenced in January 2016.

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorneys Shauna S. Hale and Gregory Nolan.

If you are facing transportation or federal drug trafficking charges, you need a strong criminal defense lawyer right away. State and federal drug charges for smuggling carry severe penalties, including years behind bars. If you are not a U.S. citizen, a conviction for drug smuggling could lead to deportation and might forever ban you from becoming a U.S. citizen.

Published on: February 1, 2016

Spring Hill Man Pleads Guilty to Making False Statement

by Whittel & Melton, LLC

A 38-year-old Spring Hill man pleaded guilty to making a false statement in an application to obtain a United States Department of Housing and Urban Development (HUD) loan earlier this month.

He faces a maximum penalty of five years in federal prison. A sentencing date has not yet been scheduled.

According to the plea agreement, the man purchased his home in Spring Hill for $110,000 on September 28, 2010. He and his wife apparently received a loan of $49,650 from HUD’s Neighborhood Stabilization Program (NSP), as a second mortgage on the home. The NSP was established by HUD to provide emergency assistance to stabilize communities with high rates of abandoned and foreclosed homes. The NSP was designed to assist households whose annual incomes are up to 120 percent of the area median. According to this loan program, the man would not have been required to repay the loan if he lived in the home for 15 years.

In his application to participate in the program, the man apparently provided false and incomplete information related to his debts, assets, employment, income, and tax returns. According to reports, he failed to disclose a debt from another loan that he had received from another government program to obtain a different home. Reports also indicate that he did not disclose income he earned from his DJ business, or that he owned certain assets, including two cars and a boat.

This case was investigated by the HUD Office of Inspector General and the Hernando County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Adam M. Saltzman.

One of the most common kinds of financial institution fraud involves loan or mortgage application fraud. In the past decade or so, many bank and mortgage company officials have encouraged individuals to misstate their income and other items on mortgage or loan applications. When these borrowers fail to make their payments, the bank then reviews the applications, looking for misrepresentations of income or other falsified information. If the banks happen to find something, they will then hand the case over to the federal government for prosecution.

The bottom line is that the banks and mortgage lenders attempt to use the government as a collection agency, to collect on bad loans they encouraged people to take in the first place.

It is important to understand that you can be charged in federal court for mortgage or bank fraud under the following circumstances:

The bank or mortgage company knew you were making a false statement
Bank or mortgage company employees encouraged you to misrepresent the facts
Regardless of how much of the information on your application was inaccurate.
If your loan application was denied and the information provided was false

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.

Published on: December 30, 2015

Don’t Get Arrested for Using Fireworks in Florida On NYE

by Whittel & Melton, LLC

The new year is quickly approaching, and thousands of Floridians have made plans or are starting to think about how to say goodbye to 2015 and ring in 2016.

But before you solidify your New Year’s Eve plans, fire officials have some tips for residents and visitors when it comes to fireworks.

“Anything that is projectile or leaves the ground is illegal in the State of Florida. Basically your safest bet is with a sparkler,” said Natalie McQueen, a Firefighter and Paramedic for the Panama City Beach Fire Department.

Even though sparklers are allowed in the Sunshine State, residents and visitors still need to exercise caution when using them.

Younger children should never light or handle sparklers. Parents should maintain a close watch on kids at all times if sparklers are going to be used. Burns are very common to the hands and face since sparklers do have flickers that come off once they are lit.

If you are using sparklers, after you are done with them, fire officials say to place them in a big bucket full of water, and let them sit overnight.

While setting off your own fireworks might seem fun, our Florida Criminal Defense Lawyers at Whittel & Melton want to remind everyone that the best way to stay safe while ringing in the New Year is leaving the fireworks to the pros. If you are caught with fireworks in the State of Florida it could lead to misdemeanor charges.

Under Florida law, the use of or possession of illegal fireworks is a first-degree misdemeanor. If you are accused of breaking this law, please be aware that you will be arrested. If you are convicted of this crime, you can be sentenced to up to one year in jail, given up to one year on probation, and/or fined up to one thousand dollars.