Florida Criminal Attorney Blog

Published on: July 31, 2015

Two Clay County Women Charged with Carjacking

by Whittel & Melton, LLC

Two women accused of shoplifting from a Fleming Island Kohl’s ran from deputies and then allegedly carjacked a driver on U.S. 17 in Green Cove Springs, according to the Clay County Sheriff’s Office.

The women, a 47-year-old and a 28-year-old, were arrested Monday and charged with carjacking and false imprisonment.

Deputies claim additional charges are pending regarding the alleged shoplifting incident at Kohl’s.

The alleged victim of the carjacking was not injured.

According to reports, shortly after 5 p.m. on Monday, the women were seen taking items and placing them inside their purses. They fled Kohl’s in a 2001 green Kia Rio with a North Carolina plate.

A deputy saw the Rio on U.S. 17, driving south toward Green Cove Springs, and attempted to pull it over.

The deputy reported that the driver signaled she would pull over. The deputy claims he saw the female passenger throwing clothes into the back seat and throwing what looked like price tags out of the front passenger window.

According to the police report, as they approached the intersection of Russell Road, the woman ran a red light, almost hit a white pickup truck and then hit the median, which busted the car’s front passenger tire.

The woman apparently kept driving. The deputy said he saw her pull into the parking lot of a Wendy’s on U.S. 17 and then pull out of the parking lot of a Winn-Dixie and turn east onto County Road 315. At that point, the deputy said he was told to discontinue pursuit of the Rio, and he headed toward the Orange Park substation.

While driving back to Orange Park, the deputy claims he spotted the Rio disabled on the side of the road and saw the two women running out into traffic. The deputy believes the women stopped in front of a silver Toyota Venza.

The driver of the Toyota stopped to see if the women needed help. According to reports, the women told the woman to drive them to the hospital, but she said no but offered them her phone to call 911.

The women allegedly forced their way into the woman’s car and told her to drive them to the hospital.

The woman told police she began driving until she saw the deputy pull up behind her with his lights and sirens on and stopped.

The women are both being held in the Clay County Jail on $180,000 bond.

Carjacking is the criminal act of taking a vehicle from a driver by threat, violence or intimidation. It is a form of robbery – the item being stolen is the automobile itself. If the carjacker is armed, it is considered armed robbery.

Published on: July 29, 2015

Understanding Your Miranda Rights in Florida

by Whittel & Melton, LLC

As a U.S. citizen, you have what is known as Miranda Rights. The term Miranda Rights has its origins in a 1966 U.S. Supreme Court Case known as Miranda v. Arizona. The court’s ruling on this matter gives anyone in police custody or facing potential criminal charges to be advised of their right against self-incrimination. This is also an element of the 5th Amendment of the U.S. Constitution.

If you are taken into police custody for any reason, you are required to be given a Miranda warning briefing you on your rights. The Miranda warning must include the following information:

You have the right to remain silent
Anything you say may later be used against you
You are legally entitled to speak with an attorney
If you are unable to afford an attorney, one will be provided for you at no cost

The main purpose of a Miranda warning is to let the person in police custody understand that they have the right to remain silent. This must be communicated clearly to the person detained before any questioning by law enforcement.

What Does It Mean for You if You Were Not Given a Miranda Warning?

If law enforcement fails to properly advise or “mirandize” an individual in custody, the case could be dismissed, but this all depends on the evidence available. If the case has been established mostly on statements that the individual gave without a proper notice of Miranda warnings then those statements could be deemed inadmissible, which would likely lead to a dismissal. If the case has been built based on other evidence, then it is unlikely that the case will hinge on the lack of proper notice of Miranda Rights, but depending on specifics, the case could still possibly be dismissed.

What To Do If You Are Arrested

If you have been arrested and read your Miranda warnings, it is important to ask to speak to your lawyer immediately. Despite what law enforcement may tell you while you are in their custody, police investigators are not looking out for your best interests.

Published on: July 24, 2015

Deputies Uncover Meth Lab in Home with Toddler

by Whittel & Melton, LLC

Alachua County sheriff’s deputies arrested a mother Sunday night after they allegedly found a home inhabited by a toddler that was full of ingredients used to cook methamphetamine.

The Alachua County Sheriff’s Office was called to a residence in the Hidden Oaks Mobile Home Park around 10 p.m., where they claim they found the front door open and a 2-year-old boy toddling about.

Deputies said a woman identified herself as the boy’s grandmother. They allege she appeared disoriented and told deputies she knew nothing of the reported disturbance.

The woman was not aware she was the only one there to watch the child, according to police.

A short time later, deputies allege a woman arrived and told deputies she was the boy’s mother. Deputies claim the 41-year-old mom also appeared disoriented and said she knew nothing of a disturbance.

Deputies searched the home for anyone else who may have called, and claim they found a trash bag filled with ingredients and tools used to cook methamphetamine using what is called the “one-pot” method.

The woman was charged with trafficking methamphetamine and possession of the drug with intent to distribute. She was booked into the Alachua County jail early Monday morning and was still awaiting a bond hearing.

Alachua County court records show Cannon was convicted in 2013 on a petty theft charge.

The boy is in relatives’ care and undergoing medical treatments monitored by the Florida Department of Children and Families, according to police.

DCF has launched its own investigation.

Meth manufacturing charges are very serious. Additionally, the presence of children can only increase the penalties you may face. After being charged with trafficking methamphetamine you need to seek legal help immediately. In order to provide you with the most effective defense of these charges, a criminal defense lawyer must understand the different methods used to make methamphetamine, including one-pot, shake and bake, anhydrous, and others, as well as the proper procedure law enforcement must follow at the scene.

Published on: July 23, 2015

New Port Richey Woman Gets 18 Months in Prison for Selling Counterfeit MAC Makeup

by Whittel & Melton, LLC

A New Port Richey woman has been sentenced to prison for trafficking in counterfeit cosmetics.

The 45-year-old woman was sentenced to 18 months in federal prison. A money judgment was also issued against her for nearly $1 million. She pleaded guilty to the charges against her in September 2014.

According to court documents, the woman sold more than $1 million worth of counterfeit Make-up Art Cosmetics, Inc., otherwise known as MAC cosmetics, between March 2012 and March 2014. Investigators claim she purchased bulk quantities of counterfeit MAC cosmetics from a source in China, then sold the cosmetics as legitimate products at significantly higher prices.

Investigators believe she sold the cosmetics across the country using a website for her company through eBay and directly to some wholesale customers.

This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.

Intentionally trafficking or attempting to traffic in goods that are counterfeit is a felony. Trafficking usually translates to mean the repackaging of goods or services with the intent to deceive or confuse.

Under federal law, any individual who knowingly distributes, wholesales, or sells counterfeit merchandise faces severe penalties:

Imprisonment
Fines
Seizure and destruction of counterfeit merchandise the wholesaler or distributor has in their possession.
Civil lawsuits to recover damages, profit loses, attorneys’ fees, and other injunctive relief.

Published on: July 21, 2015

Illinois Man Accused of Using Fake Credit Cards in Boca Raton

by Whittel & Melton, LLC

An Illinois man is accused of trying to use a fake debit card at a SunTrust bank, according to Boca Raton police.

An email was apparently sent to bank employees warning them of the 23-year-old man after he allegedly attempted to use the card at other branches, according to a Boca Raton police arrest report.

Reports indicate that a card scanner was placed at the back of the bank, so when the man tried to add more than $1,000 on one of his fake debit cards, an employee could easily call police.

The alleged attempted transaction happened at 11:46 a.m. on Thursday when a teller at a SunTrust Bank reported that the man was in the lobby of the bank trying to use one of the fake debit cards.

The teller had already received several emails from other SunTrust banks, warning her that a man was trying to use fake debit cards at other banks.

The teller told the man there was insufficient funds and they couldn’t give him the money, according to reports. When an officer arrived, she claims the man was walking through the bank’s parking lot and she stopped him for questioning.

The teller told the officer that the man came to her window and handed her a NetSpend Visa debit card and asked for a cash advance on the card of more than $1,000.

A detective apparently called a NetSpend representative who said the numbers didn’t match any of their cards.

The officer who questioned the man said he told her he got the card in Chicago.

Police allege that the NetSpend card had information stolen from a woman in Utah. Police also claim they also uncovered a Visa NASCAR debit card in the man’s car with information belonging to a person in Texas, according to the report.

The man faces charges of fraud, grand theft, possession of counterfeit credit cards, and forgery of credit cards. He is being held in the Palm Beach County Jail on $30,000 bail.

A Counterfeit is a copy or replica of an item, usually legal tender or currency, but can also be associated with clothing, software or other tangible goods. Additionally, counterfeiting may be used in the commission of credit card fraud. This occurs when credit cards are recreated or copied in order to make fraudulent or unauthorized charges. Counterfeiting is considered a white collar crime in which an individual or organization will create counterfeit items, usually with the intention of selling these or passing them off as originals. When it comes to money, a conviction for counterfeiting can result in a prison sentence of up to 15 years, along with hefty fines. Counterfeiting charges are aggressively prosecuted by federal prosecutors.

Published on: July 15, 2015

Pasco County Doctor, Office Manager Accused of Medicaid Fraud

by Whittel & Melton, LLC

A Wesley Chapel doctor and his office manager are accused of defrauding the Florida Medicaid program out of more than $100,000.

The male doctor and his office manager, who is also his ex-wife, were arrested Wednesday. Investigators allege the pair billed the Florida Medicaid program for services that were never performed.

The man is an ear, nose and throat specialist. The officer manager’s arrest report lists her as a registered nurse at Moffitt Cancer Center.

Both are facing one count each of Medicaid provider fraud, one count of first-degree scheming to defraud and one count of second-degree criminal use of personal identification information.

If they are convicted, they face up to 30 years in prison. They could also be ordered to pay more than $100,000 in restitution.

The case will be prosecuted by Attorney General Pam Bondi’s Office of Statewide Prosecution.

Medicaid is a federal and state cost-sharing program that provides healthcare to people who are unable to pay for such care. Medicaid Fraud usually targets the providers of services who accept Medicaid and can be prosecuted on the State or Federal jurisdictions.

Common examples of Medicaid fraud can include:

Phantom Billing: Billing for medical services not actually performed
Upcoding: Billing for a more costly service than was actually rendered or Billing for sessions that are longer than what was actually performed
Unbundling: Billing for multiple services that should be combined into one billing
Billing twice for the same medical service
Dispensing generic drugs and billing for brand-name drugs
Kickback: Accepting something in return for medical services
Bribery
Providing unnecessary services
False cost reports
Embezzlement of recipient funds

Published on: July 8, 2015

Green Bay Packers Andrew Quarless Arrested in Miami Beach

by Whittel & Melton, LLC

Miami Beach Police arrested Green Bay Packers tight end Andrew Quarless, 26, after they claim he shot his gun into the air early Saturday morning.

He was charged with discharging a firearm in public around 5:30 a.m. Saturday.

A parking attendant told police that he saw a black Porsche Panamera with two men and two women inside. According to the arrest report, the two men got out of the Porsche and approached a white vehicle with several women inside.

The attendant told police that the discussion soon became hostile and that he then spotted Quarless walk up to the white car with a semi-automatic handgun. The witness then told police that Quarless pointed the gun in the air and fired off two rounds before taking off in the Porsche.

Police put out a “be on the lookout,” or BOLO, alert for the Porsche and eventually caught up with the vehicle parked on the 400 block of Washington Avenue with its lights on.

According to the report, Quarless was allegedly discovered nearby, “attempting to conceal himself and the black firearm in a nearby plant.”

A spokesman for the Green Bay Packers issued the following statement:

“We are aware of the matter involving Andrew Quarless and are in the process of gathering more information. We will withhold further comment.”

Discharging a firearm in public can lead to significant penalties, including prison time if convicted. If you have been arrested for discharging a firearm in public, you should immediately consult with a criminal defense attorney so that you can learn about your rights and the viable defenses that may be available to you.

Published on: June 25, 2015

FDLE Arrests 42 Sex Offenders for Registration Violations

by Whittel & Melton, LLC

In a month and a half-long operation called “Summer Heat,” 42 sex offenders who violated registration laws were arrested.

The Florida Department of Law Enforcement released this statement: “Operation Summer Heat should send a strong message to all sex offenders that Florida law enforcement is serious about registration. We are just beginning our work. If you are a sex offender and you violate registration laws, we are looking for you.”

The operation resulted in the arrest of 4 sex offenders from Central Florida including Seminole, Orange and Volusia counties. The FDLE’s Enforcement and Investigative Support Unit coordinated the operation along with the U.S. Marshals Service and local law enforcement agencies.

The EIS was created in 2014 to assist local and federal agencies to locate sex offenders who have violated registration laws, many of whom cross jurisdictional lines. The offenders who intentionally avoid registration requirements were arrested.

The arrests were made from warrants as a result of investigations conducted by local sheriffs or police departments.

Florida sex offender registration requires you to give all of your information to the authorities regarding where you live, work or attend school. This information that is required to be given can include personal information, fingerprints, identifying physical information like tattoos and noticeable scars and birthmarks and even information about the crimes for which you were convicted. This information made public and available to everyone in the community. Anyone can get online and view this information, including employers, housing and rental agencies, schools, neighborhood associations and neighbors, as well as police.

Failing to register can result in severe criminal penalties. Our Central Florida Criminal Defense Lawyers at Whittel & Melton represent those who have been charged with failure to register or falsifying their registration.

Published on: June 24, 2015

St. Johns County Woman Charged with ID Fraud

by Whittel & Melton, LLC

A 44-year old Hastings woman was arrested Monday and charged with fraudulent use of personal identification information.

St. Johns County detectives apparently began investigating the woman in March of this year when an Ohio woman reported that her personal information was being used by the woman in St. Johns County.

According to reports, the 44-year-old allegedly accessed the Ohio victim’s Social Security number and, between November 2003 and February of this year, obtained credit from six different creditors to open charge accounts and loans amounting to $19,000 using the the victim’s personal information.

The was booked into the St. Johns County Jail and released a short time later after posting $10,000 bond.

If you have been charged with identity theft or fraud, you should know that there are serious consequences if convicted. In most cases, people charged with credit card fraud, identity theft and other charges relating to identity fraud have no idea about how much trouble they could be in.

Our St. Johns County Criminal Defense Lawyers at Whittel & Melton understand that many good people can make mistakes. One simple mistake does not warrant a state or federal conviction that will haunt you for the rest of your life.

Published on: June 18, 2015

Retired Principal Gets 10 Years in Prison for Attempting to Have Sex with Teens

by Whittel & Melton, LLC

A retired school principal and 911 dispatcher was sentenced to 10 years in federal prison Thursday after admitting he tried to meet two teen boys for sex in Palm Beach County.

The 64-year-old, who recently retired to Delray Beach from southern Indiana, was arrested in January after showing up at a Boynton Beach Mall restaurant for a sexual encounter with what he thought was a 15-year-old boy.

The man apparently did not realize the person he had contacted on the online Grindr service was an undercover city police officer posing as a minor.

After his arrest, agents from Homeland Security Investigations found evidence on his cellphone that allegedly showed he had also tried to meet a real teen, who he thought was 16, for sex in December.

The man and the boy apparently exchanged sexually explicit photographs on their cellphones and arranged to meet. Police also claim that the man wrote a message to the minor declaring there was “too much danger” and he couldn’t risk “getting caught.”

The man showed up at the boy’s Lantana home less than two hours after they started chatting on another online service, according to reports.

When the man showed up at the house, the 15-year-old teen wrote him a message telling him to leave.

The teen apparently told investigators he “chickened out” of having sex with the man.

The man moved to South Florida in August and pleaded guilty to two counts of enticing a minor to engage in sexual conduct in March.

A U.S. District Judge ruled that the man must serve 10 years of supervised release after he gets out of prison and register as a sex offender.