Florida Criminal Attorney Blog

Published on: December 18, 2015

Ongoing K2 Crackdown in Ocala Yields 3 Arrests

by Whittel & Melton, LLC

Police said they arrested three suspected drug dealers on Thursday after a tip led them to a home where K2, an illegal synthetic marijuana, was being sold.

Police officials, including the multi-agency Unified Drug Enforcement Strike Team, continue to crack down on the local sale and possession of K2, which has sent dozens of people to the hospital and caused problems to several neighborhoods since late last month.

One of the three taken into custody had been arrested on Dec. 3 on principal to sale of synthetic marijuana. The man, who had been released from the Marion County Jail on Dec. 9, now faces a charge of possession of synthetic cannabinoids with intent to sell.

When arrested Thursday, the man was sitting in a vehicle and that contained K2, and the drug was near him, according to drug agents.

Agents also arrested a 27-year-old woman on charges of possession of synthetic cannabinoids with intent to sell, possession of marijuana under 20 grams and possession of drug paraphernalia.

The third person arrested, a 39-year-old man, was detained as he walked away from the home, according to reports. He faces charges of for sale of synthetic cannabinoids and possession of synthetic marijuana less than three grams.

Authorities allegedly recovered 56 bags of synthetic marijuana and regular marijuana. The synthetic marijuana will be sent to a laboratory for testing, officials said.

Since late November, Ocala Fire Rescue and Ocala Police Department officers have responded to K2-related incidents at several locations, primarily at the Salvation Army compound near downtown, in Tuscawilla Park and along Northeast Eighth Avenue, on calls about people “acting weird.” The behaviors have included people being violent, getting into fights and having seizures.

Officials said some of those affected were taken to hospitals and others were taken to mental health facilities under the Baker Act, which allows authorities to intervene if people are considered a danger to themselves or others.

Fire and police officials estimated more than 40 people have been affected in some way by the drug. No deaths have been reported. Police officials believe the synthetic marijuana has been tampered with or laced with a more harmful chemical that causes people to have an adverse reaction and requires medical attention.

In response to the spike in medical calls and the ongoing investigation, OPD has deployed extra officers to some areas.

So far during the crackdown, 10 people have been arrested on K2-related charges.

K2, which goes by numerous other names, is a substance that mimics the effects of marijuana. Manufacturers are able to do this by taking a mixture of herbs and spices and spraying them with a synthetic chemical that has a similar structure to THC, which is the active ingredient in marijuana. Florida and other states across the country have been cracking down on K2, and some states have even banned this drug. If you have been arrested for possession, sale, or distribution of K2, talk to a Drug Crimes Defense Lawyer at Whittel & Melton today.

Some other common names for K2 include:

Spice
Black Mamba
Bliss
Bombay Blue
Genie
Zoha

Published on: December 16, 2015

Federal Corrections Officer Sentenced to 2 Years for Smuggling Contraband

by Whittel & Melton, LLC

A federal corrections officer from Clermont has been sentenced to two years in federal prison after pleading guilty in September to accepting a bribe by a public official.

According to the Department of Justice, the 32-year-old officer used his position as a correctional officer at the Coleman Federal Correctional Complex in Sumter County to smuggle contraband to inmates in exchange for money beginning in January.

The Department of Justice said federal agents monitored a June 18 meeting between the officer and a cooperating witness. During that meeting, the officer allegedly accepted $2,600 for items that he already smuggled into the prison.

Investigators met with the officer, and he apparently admitted he illegally negotiated $7,100 in cash payments in return for smuggling cell phones, prescription pills, tobacco, and other items to federal inmates.

Bribery charges are often highly publicized in the media. These crimes not only capture the public’s attention, but they have the ability to end careers and damage reputations. If convicted, the accused faces severe consequences, including lengthy time behind bars.

Published on: December 15, 2015

Eustis Man Receives 37 Years in Prison for Sexually Exploiting Kids

by Whittel & Melton, LLC

A Eustis man has been sentenced to more 37 years in federal prison for sexually exploiting children and producing and receiving child porn.

The 52-year-old was also ordered by the court to pay $2,020 restitution to the victims.

According to the Department of Justice Middle District of Florida:

As early as 2005, the man hid video cameras in the bathrooms of his residence so he could take pictures of four minors in his custody. In 2014, he sexually assaulted another minor in his custody and recorded the abuse with his computer. He also collected and sent hundreds of pictures depicting sexual abuse and exploitation of minors from at least 2008 to the day before his arrest on Feb. 17, 2015.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat child sexual exploitation and abuse.

Sexual exploitation is a broad category under Florida law in regards to sexual offenses, including Internet communications and child pornography. Federal laws and sentencing guidelines play a role in these sex crimes, which can result in lengthy prison sentences. A conviction under state or federal law could also result in mandatory registration as a sex offender for the rest of your life.

Many accusations regarding alleged sexual exploitations of children are drummed up by overzealous police, prosecutors, and judges who are actively trying to “send a message” about child protection. The sad truth is that even honest mistakes can lead to damaging criminal cases that can change your life forever.

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: December 2, 2015

Largo Commission Candidate Charged with Extortion

by Whittel & Melton, LLC

A candidate for Largo Commission is facing felony extortion charges after police claim he attempted to force an opponent to drop out of the race.

The 31-year-old who is running for Seat 3 on the commission, sent an anonymous email to one of his opponents through the candidate’s website on Aug. 29, according to the Largo Police Department.

The email allegedly stated that the sender had negative information about the politician and the information would be released if he did not drop out of the race, police said.

Investigators got the IP address of the email’s sender and learned that it allegedly belonged to the accused.

The man was arrested on Monday and was being held at the Pinellas County Jail on $10,000 bond.

Extortion is a crime where someone obtains something, usually goods or services, by using threats. There are many different types of threats that can be classified as extortion, including threatening to reveal secrets that could damage a person’s public reputation or to the reputation of their business.

Extortion is also federal crime. Those who are convicted of extortion could be sentenced to up to 20 years in federal prison. In addition to jail, there is also the very real possibility of large fines and civil action.

Extortion is not a criminal offense that should be taken lightly. If you are facing allegations of extortion, it is in your best interest to contact a criminal defense attorney as soon as possible to ensure that your rights are being protected.

Published on: December 1, 2015

Florida Podiatrist Accused of Using Wife’s Life Insurance to Fund Murder Defense

by Whittel & Melton, LLC

A Florida podiatrist has been accused of killing his estranged wife and using part of her life insurance settlement to pay for his criminal defense.

Reports indicate that the 48-year-old doctor pleaded not guilty to first-degree murder in the death of his wife, whose body was found at the bottom of their home’s swimming pool in February 2014.

Court records show a settlement on the woman’s $1 million life insurance policy was reached last month. It grants $200,000 to her husband’s criminal defense attorney, $25,000 to a civil attorney and $150,000 directly to the doctor.

Shortly before her death, the woman had filed for divorce and been given temporary custody of the couple’s daughters and their Tallahassee home.

The doctor has been released from jail on $250,000 bond.

If you have been charged with homicide or murder anywhere in the state of Florida, including Leon County, you need the best criminal defense lawyer in the state of Florida. Call a Florida Criminal Defense Lawyer at Whittel & Melton at 866-608-5529 as soon as possible for a free consultation. Your freedom and your liberty are our main concerns, and we can help you understand your legal rights and options.

Published on: November 25, 2015

Avoid a DUI & Criminal Penalties Thanksgiving Weekend

by Whittel & Melton, LLC

Thanksgiving is a time of year when families get together to celebrate memories and honor traditions. However, this is also the time of year when law enforcement agencies gear up to catch drunk drivers on our roadways.

Most law enforcement agencies, receive federal grants to increase their staffing levels during the holiday season, which typically begins with the four-day Thanksgiving weekend and continues to New Year’s Day. Arrests for DUI are highest during this time period.

The following are a few tips that may prove helpful to avoid a Thanksgiving DUI:

Do not drink and drive. If you have been drinking, call a cab, a friend or use a ride share app like Uber or Lyft to get home safe. If you know you will be drinking, designate a sober driver to take you home.
If you are pulled over, do not talk to law enforcement about where you were or what you were doing. Remember, you have the right to remain silent until you have your lawyer present.
If you are involved in an accident, stop immediately and remain at the scene. Do not admit to anything and request to speak with a lawyer as soon as possible.
Do not fall asleep inside your vehicle. You could get arrested if the officer observes that you have the keys in the ignition or if the engine is running.
Drive cautiously. Police will be closely monitoring motorists for any mistakes they make. In particular, they will be on the lookout for motorists who may be driving too fast or too slow, or running red lights or failing to stop at stop signs.

Published on: November 20, 2015

FDLE Seizes 23 Pounds of Marijuana from Palm Coast Home

by Whittel & Melton, LLC

More than 20 pounds of marijuana, a semi-automatic pistol and $9,000 in cash were allegedly found Monday after agents raided a Flagler County home.

Agents with the Florida Department of Law Enforcement’s Tri-County Narcotics Task Force, as well as Flagler County Sheriff’s Office deputies, apparently seized 23 pounds of marijuana with a street value of $76,000, a pistol and the cash during the search warrant they executed around 8:52 p.m. at a home on Wheatfield Drive in Palm Coast.

A 21-year-old of Palm Coast was arrested and charged with one count of possession of cannabis with intent to sell. He was booked into the Flagler County Jail on $10,000 bond.

According to jail records, he has since posted bond.

During the operations, the semi-automatic pistol that was seized was determined to have been reported stolen by the Volusia County Sheriff’s Office.

With Florida law enforcement determined to crack down on drug laws and close ranks on drug distribution operations, it can be amazingly easy to find yourself arrested for a drug possession with intent to sell charge. Arrests like these can stem from simple misunderstandings or even after you have been allegedly caught for possession and the prosecution wishes to amp up the charges.

Regardless of the situation, adding intent to distribute to a drug possession charge can greatly increase the penalties you face if convicted. It is highly recommended you work with a Florida Drug Crimes Defense Lawyer to protect your rights and fight these charges.

Published on: November 17, 2015

West Delray Doctor Convicted of Over Prescribing Pain Pills

by Whittel & Melton, LLC

A former West Delray doctor faces a mandatory minimum of 1,343 years in prison when he is sentenced in January on charges of overprescribing pain medication.

The former doctor prescribed high numbers of oxycodone — including 20,000 pills over 10 months to one patient.

The jury, a panel of four men and two women, deliberated more than 16 hours over three days before finding the former doctor guilty of 55 drug trafficking counts. They found him not guilty of 19 charges.

Palm Beach County Circuit Judge Jack Cox said he will sentence Schultz on Jan. 8. The 59-year-old doctor, whose medical license was already suspended, was immediately taken into custody by courthouse deputies. He had been free on bail since his 2011 arrest.

Schultz still has a pending 2013 manslaughter charge and another trial looming in the 2010 overdose death of a 50-year old male patient who was taking methadone — a fact that was not permitted to be shared with the jurors who just convicted him.

Authorities began investigating the former doctor in 2010 after receiving a complaint from a Lake Worth pharmacy that a patient tried to fill a 30-day supply of oxycodone totaling 1,590 pills. The pharmacist testified he became alarmed because that would be enough medication for nine months.

Officials then seized records from the former doctor’ s office, which allegedly revealed that he prescribed 80,350 oxycodone tablets between March 25 and May 11, 2010, compared to 3,450 pills for other ailments, an arrest report shows.

It is likely that the former doctor will file an appeal.

Have you been charged with a drug offense? Time is of the utmost importance. Contact a South Florida Drug Crimes Defense Lawyer at Whittel & Melton as soon as possible after your arrest. We can explain the court process and begin working immediately on an effective drug crimes defense strategy for your unique situation.

Those facing charges for drug trafficking or any other related offense are encouraged to contact us for a free case evaluation. We can make sure you understand your charges as well as the options you have available for your defense.

Published on: November 16, 2015

Florida Deputy Accused of Selling Marijuana

by Whittel & Melton, LLC

Authorities arrested a Florida deputy recently for her alleged role in a marijuana selling business following a month-long investigation.

According to the St. Lucie County Sheriff’s Office, an anonymous tipster told them a 27-year-old female deputy was involved in drug activity. Authorities apparently searched the apartment she was staying at with her boyfriend and another couple Friday and said they found felony amounts of marijuana, packaging materials and other items typically associated with the sale and distribution of marijuana.

The woman was charged with marijuana possession over 20 grams, marijuana possession with intent to sell and possessing drug equipment.

She posted bail early Saturday morning and has been placed on administrative leave without pay.

The three other people in the apartment were also arrested on drug charges.

Marijuana is the most commonly used illegal substance in Florida and throughout the United States. Marijuana is heavily portrayed all over the media, from music videos, movies and television. Because of how common it is, many people assume that marijuana-related drug charges are not as serious as other types of drug crimes. This could not be further from the truth. If you are arrested for possessing or selling marijuana in the state of Florida you could face very serious consequences.

If you or someone you love has been arrested for a marijuana-related drug offense, the best thing you can do is contact an experienced Drug Crimes Defense Lawyer at Whittel & Melton as soon as possible. You have a very small window of time to defend yourself from these charges, so it is best to act fast. A conviction for possessing or selling marijuana can have many consequences, and could affect your life long after you have served any jail time.