Florida Criminal Attorney Blog

Published on: November 11, 2015

Two Hernando County Residents Accused of Manufacturing Meth in Front of Child

by Whittel & Melton, LLC

Two Hernando residents have been accused of manufacturing methamphetamine in front of a child.

A search warrant was executed at a home on the 3900 block of Withlacoochee Trail Wednesday morning and Citrus Sheriff Fire Rescue Hazardous Materials Team responded to assist with the investigation due to potentially hazardous materials.

During the search, detectives allege they discovered several items used to manufacture methamphetamine.

Deputies believe that a secondary structure on the property was used to cook meth via the “one pot” method.

A small child was present during the manufacturing process, according to deputies. DCF was immediately notified and responded.

During the search, cooked methamphetamine, drug paraphernalia, manufacturing vessels, other manufacturing paraphernalia, and a large amount of meth liquid was allegedly collected.

The amount of methamphetamine seized was more than 200 grams, according to reports. Due to the amount of meth collected, a 29-year-old man and a 26-year-old woman were charged with trafficking in methamphetamine. If convicted, they face a 15 year minimum mandatory sentence in prison.

They have also been charged with manufacturing methamphetamine in the presence of a child, possession of listed chemical, and possession of paraphernalia.

The state of Florida takes meth charges quite seriously. After being arrested for trafficking in methamphetamine, you need to know that you are facing severe consequences if convicted. Our Hernando County Drug Crimes Defense Lawyer at Whittel & Melton understand how scary these charges are and we are here to help you obtain the best possible outcome for your unique situation.

Meth is viewed as damaging to not just the person using it, but to members of the community as well. The production of meth can result in fires and explosions that can injure and kill innocent people, including children present, law enforcement personnel and emergency responders who are called to a house that is producing meth. Exposing a child to a meth lab is a first-degree felony, and a conviction carries a five-year minimum mandatory prison sentence. Causing the death of someone else through the manufacture of meth is a capital felony, punishable by life in prison.

Published on: November 9, 2015

New Clemency Conditions Established

by Whittel & Melton, LLC

The Justice Department announced new rules recently that would potentially make thousands of federal inmates eligible for presidential grants of clemency, including a requirement that candidates must have served at least 10 years of their sentences and have no history of violence.

The six conditions announced by Deputy Attorney General James Cole, ban inmates with ties to criminal gangs, organized crime groups and drug cartels, and are designed to broaden access to early release for non-violent offenders who were sentenced to long prison terms under mandatory minimum-sentencing policies.

Up to 13 percent of the federal prison system’s 216,000 inmates have served 10 years or more, but not all would qualify for consideration, based largely on their criminal histories.

Eligibility requirements include:

Inmates whose sentences would be substantially lower if convicted of the same offenses today because of changes to the sentencing structure.
Inmates who have demonstrated good conduct in prison.
Inmates with no history of violence before or during their term of imprisonment.

“Let there be no mistake, this clemency initiative should not be understood to minimize the seriousness of our federal criminal law,” the deputy attorney general said. “Our prosecutors and law enforcement agents worked diligently and honorably to collect evidence and charge these defendants and then fairly and effectively obtained their convictions. … However, some of them, simply because of the operation of sentencing laws on the books at the time, received substantial sentences that are disproportionate to what they would receive today.”

Cole said most eligible applicants would probably be drug offenders, other offenders could qualify if they meet the new requirements, including so-called career criminals.

Recently, the U.S. Sentencing Commission voted to reduce sentencing guideline levels applicable to most federal drug offenders.

The commission estimated that 70 percent of federal drug trafficking defendants would qualify for the change, and their sentences would decrease an average of 11 months, or 17 percent, from 62 months to 51.

Published on: November 6, 2015

Growhouse Bust in Riverview Yields 358 Pounds of Pot

by Whittel & Melton, LLC

A Riverview man has been arrested and charged with trafficking after deputies allege they found more than 300 pounds of marijuana at his home.

According to the Hillsborough County Sheriff’s Office, the Riverview man was arrested Thursday and 358 pounds of pot were seized from 10728 Deepbrook Drive in Riverview.

Deputies claim that after obtaining a search warrant, they entered the home and found two separate rooms in the home being used to grow marijuana. Each room allegedly contained several large marijuana plants with multiple high sodium vapor lights, ballasts and fans.

In total, deputies found 70 marijuana plants in the home, according to reports. The street value of the marijuana is approximately $700,000.

Tampa Electric crews claim they found an illegal electrical connection at the home. The estimated alleged theft of electricity was $8,800.

Authorities said the 27-year-old man tried to run out of the back of the home but was apprehended in the backyard.

The Riverview man was arrested and charged with trafficking in marijuana, cultivation of marijuana, grand theft and own, lease or rent for purposes of trafficking marijuana.

Marijuana use, trafficking, sale or distribution is strictly prohibited in the state of Florida. Marijuana trafficking is a serious criminal offense that carries severe penalties if convicted. In addition to lengthy prison sentences and extensive fines, a conviction of marijuana trafficking will negatively impact all areas of your life, including employment, education, and maintaining custody of your children.

Published on: October 27, 2015

Body Cam Video Contradicts Marion County Deputies’ Statements

by Whittel & Melton, LLC

Newly released footage from a body-worn camera contradicts statements two Marion County deputies made just two days after they were suspended with pay, according to the State Attorney’s Office.

The two deputies were suspended after officials learned of possible officer misconduct in regards to how they executed a search warrant.

The deputies searched a Marion County hotel after receiving word that a suspect, wanted on a warrant, was at the property. The incident lead to a search and seizure situation.

One of the deputies wrote in the arrest affidavit that when he arrived to the suspect’s room, he knocked on the door and identified himself as a member of the Sheriff’s Office.

But footage from a body-worn camera apparently tells a different story.

“Maintenance. I know you have the do not disturb sign, but I need to come in,” the deputy said. “Maintenance. Are you available?”

Deputies said they discovered drugs and a stolen gun inside the room. The suspect was later spotted in the lobby and arrested.

The body-camera evidence could be enough to destroy the case against the suspect as well as end the two deputies’ careers.

One of the deputies has been employed by the MCSO for 12 years and the other for nine years.

The suspect remains in jail.

Both the Sheriff’s Office and the State Attorneys’ Office are investigating the incident.

The use of police body cameras in this case is obviously playing a major role. A video log of the actual event is clearly shown, documenting what occurred during an arrest, including the dialogue between the arresting officer and the suspect. This type of footage is extremely important when it comes to criminal defense. The footage from a body camera worn by an officer will show if the criminal defendant’s rights were infringed upon and will show for certain if they were properly Mirandized as required by law.

Published on: October 26, 2015

50 Pounds of Pot Accidentally Mailed to the Wrong Address

by Whittel & Melton, LLC

A resident of Hazlet, New Jersey was recently surprised with an unexpected delivery showed up addressed to a person who does not live there. The surprise was 50 pounds of marijuana, to be exact.

Police in the town responded to the situation and found about $100,000 worth of pot in the boxes, according to reports.

With the hopes of finding who the package was really intended for, they posted photos of the haul on their Facebook page Thursday, writing: “If you were expecting these packages and would like to claim them, please come to Police Headquarters. In the meantime our detectives will be working with County, State, and Federal Law Enforcement agencies to locate the owner of this property.”

At Whittel & Melton, our Florida Drug Crimes Defense Lawyers fight for the rights of those facing any kind of charge involving marijuana. If your are facing drug charges, we can help guide you through this stressful time. We will challenge any of the prosecution’s allegations and will fight aggressively to suppress all illegally obtained evidence.

We will work tirelessly to have your charges reduced or dropped. Call us today at 866-608-5529 or contact us online to set up a free consultation.

Published on: October 22, 2015

Polk County Convenience Store Owner & Clerk Arrested for Selling Porn to Minor

by Whittel & Melton, LLC

A convenience store owner and a clerk were arrested Thursday after deputies claim they openly displayed pornography on the store’s shelves.

A 25-year-old Winter Haven man and a 53-year-old Eagle Lake man are facing charges of displaying obscene material harmful to minors. One of the men is facing an additional charge of sale of obscene material to a minor.

According to the Polk County Sheriff’s Office, deputies received a complaint about pornographic magazines like Barely Legal, Hustler and Playboy being openly displayed for sale in the store, which is within walking distance of two schools. The rack that holds the magazines is about 10 feet away from the entrance, according to reports.

Deputies allege that one of them sold two pornographic magazines to an underage boy, who was working with deputies in the investigation.

One of the men allegedly asked the 17-year-old boy for identification, which showed he was underage. He then told the teenager to leave the store and park his car in a space directly in front of the store so he could make sure the teen didn’t have anyone with him, deputies allege.

Deputies also claim that one of the men offered to sell the teenager pornographic DVDs he kept behind the counter.

One of the men was previously arrested in 2012 for selling alcohol to a minor, according to reports.

Owners of convenient stores, as well as employees who work there, always run the risk of obscene materials charges. If police decide to crack down, as this case shows, they will not only face criminal prosecution, but they can potentially lose the business they have worked so hard to build. If you have been the target of an effort by law enforcement to get rid of obscene materials in the community and you happen to be arrested, you need the help of a criminal defense lawyer who can stand up to overzealous prosecutors.

Published on: October 20, 2015

Pasco County Janitor Accused of Sending Nude Pics to Student

by Whittel & Melton, LLC

A janitor at a Pasco County high school is accused of sending naked photos of himself to a student.

The 24-year-old was arrested Thursday after deputies claim he sent five nude photos of himself to a 17-year-old student at Fivay High School.

Deputies believe that between July and September, the man sent the photos to the student using Facebook Messenger. The man was working at the school at the time, and deputies allege he knew the student was under the age of 18 at the time.

The man was arrested on charges of transmission of material harmful to minors by electronic device or equipment.

He was released from the Land O’ Lakes Detention Center after posting a $5,000 bond.

A sex crime case is a serious problem for those accused. Florida is known as one of the toughest states for sex crime defendants. A conviction can mean a lifelong stigma of being labeled a sex offender, which makes it difficult to find a job, find a place to live, carry on normal relationships, and even communicate with others as convicted sex offenders may be banned from owning a computer or cellphone. An aggressive defense is absolutely necessary in the face of a sex crime investigation or arrest.

Published on: October 14, 2015

Pasco County Substitute Teacher Accused of Molesting 2 Children

by Whittel & Melton, LLC

A substitute teacher from New Port Richey was arrested Friday after investigators allege he molested two children more than 50 times, according to the Pasco County Sheriff’s Office.

The 68-year-old man was charged with multiple counts of lewd and lascivious molestation and lewd and lascivious battery.

His alleged victims were between the ages of 8 and 9 and 11 and 15, with the last molestation occurring in 2012, according to reports.

The man has been fired by the School Board and is being held without bond at the Land O’ Lakes Detention Center.

Child molestation is a serious charge that carries not only grave legal consequences, but has severe social consequences as well. The sad truth is that these types of accusations can ruin an innocent person’s life. A conviction of almost any type of child molestation charge will result in being labeled as a sex offender for life, which can destroy relationships with family and friends.

False accusations of child molestation happen every single day throughout the country. Sadly, prosecutors and the public are often inclined to side with the accuser in these cases. If the accusation leads to a conviction, the consequences will undoubtedly last a lifetime. It is absolutely vital that anyone accused of molesting a child consult with an attorney experienced in defending this type of crime as soon as possible.

Published on: October 12, 2015

Sanford Man Sentenced to 885 Years in Child Porn Case

by Whittel & Melton, LLC

A Florida man accused in a scheme to lure a 9-year-old girl to a vacant home, kill the child’s family members and then videotape himself raping her has been sentenced to 885 years in prison on child porn charges.

On Monday, the judge ordered the 31-year-old man to serve 15 years for each of 59 counts of possession of child pornography.

He was convicted in July.

Florida Department of Law Enforcement officials claim the man told the family he was a student making an independent film. The girl’s grandfather entered the house near Orlando, leaving the girl and his son-in-law behind in the car. He became suspicious and left before anything could happen, according to reports.

The man also faces trial on attempted murder and attempted rape charges. A date has not been determined.

Florida is a state in which the laws governing sexual offenses are extremely strict. Police usually err on the side of protecting the victim, not the accused. Sex crime charges, even just allegations, tend to leave have a lasting impact, which is why it is very important to be proactive in finding a criminal defense lawyer as soon as you believe you might be charged with a crime.

While downloading, possessing and producing child pornography is illegal, there are unique situations where the pornography was not downloaded intentionally, or the downloader was unaware that it was pornography. These facts must be established in order to develop an effective defense. Regardless of the circumstances, you need aggressive representation to address the accusations and charges so that you are not branded with an unwanted social stigma, including being forced to register as a sex offender. Moreover, these charges carry significant time behind bars, and each count of child pornography can carry a separate sentence.

Published on: October 1, 2015

5 Miami Residents Busted in Seminole County Grow House

by Whittel & Melton, LLC

A grow house was busted in Seminole County Tuesday and resulted in the arrests of five suspects from Miami.

The Seminole County Sheriff’s Office City-County Investigative Bureau reported that a deputy patrolling the 800 block of Winona Drive in Geneva smelled a very strong odor of marijuana coming from a home.

The CCIB obtained a search warrant and deputies allegedly found a large-scale marijuana grow operation with 49 mature plants and a large amount of harvested marijuana.

Investigators claim the majority of the plants averaged four feet in height and were located in the garage of the house and smaller plants were found in a bedroom.

Agents estimate the grow house had the potential to generate over $880,000 worth of marijuana annually, according to reports.

Five suspects from Miami were arrested and charged with trafficking over 25 pounds of marijuana.

All five suspects are being held without bond at the John E. Polk Correctional Facility.

Grow house cases usually involve large-scale operations, multiple suspects and can span across county and even state lines. If you are facing drug manufacturing or cultivation charges, you undoubtedly need an experienced criminal defense attorney on your side. Our Florida Drug Crimes Defense Lawyers at Whittel & Melton are strong advocates for those accused of both state and federal drug crimes. As former prosecutors, we know how to identify weaknesses in the state’s case and explain why those weaknesses require a dismissal or at least a reduction in the charges.