Florida Criminal Attorney Blog

Published on: April 14, 2015

Man Accused of Stealing Brick Pavers from Brooksville Company

by Whittel & Melton, LLC

Police believe a 65-year-old man used rented trucks to steal nearly 450 pallets of brick paver stones, worth an estimated $200,000, from Flagstone Pavers.

Brooksville investigators arrested the man on a felony grand theft charge resulting from a six week investigation into the missing pavers.

The company claims they never knew the pavers were missing until early February when an operator received an anonymous call from a woman who said that ’54 pallets of their pavers had been stolen and brought to a warehouse’ in Pasco County, according to reports.

A detective was able to get to the scene before the pavers were dispersed.

Police claim that what they thought were just 54 pallets of product turned out to be 450 stolen pallets.

The detective claims to have questioned the man who allegedly told him that he buys products from various locations. The detective said he asked the man for receipts, and the man apparently requested to speak with his lawyer.

Police claim the man had rented Penske trucks nine times for a total of 25 trucks to make multiple trips from Brooksville to Port Richey.

Police allege that from November to February, the man and a crew would load pallets into those trucks overnight and then drive them back and unload them at the warehouse, which is owned by the man’s son.

Police reported that they do not plan to arrest any of the crew members because they did not know what they were doing was illegal.

Police are investigating if an employee inside the plant was helping to facilitate the heist.

In the state of Florida, theft offenses are classified as both misdemeanors and felonies. In general, the determining factor of whether charges are a misdemeanor or felony revolve around the amount of money taken or the value of the item or items. In most cases, a theft involving $300 or more is classified as a felony. However, there are instances when a theft offense of a lower amount can become a felony due to a person’s prior record of theft-related offenses.

Published on: April 10, 2015

Homeless Man Accused of Molesting Girl

by Whittel & Melton, LLC

A 56-year-old homeless man has been arrested and charged with molesting a child, according to reports.

The Pinellas County Sheriff’s Office claims the man molested a 9-year-old girl multiple times Tuesday and Wednesday at a Largo home.

Officials allege that the man somehow knew the child.

According to police, a witness contacted authorities, who then began investigating the accusations. Police said that the alleged victim confirmed the allegations during interviews.

The man was then arrested and charged with lewd and lascivious molestation on a child under 12 and was transported to the Pinellas County Jail.

While molestation charges are nothing to mess around with, it is important to understand that there are circumstances where an adult is wrongfully accused of lewd and lascivious molestation. Authorities will not usually question allegations made by a child who may be lying in order to achieve some real or imagined gain. If you are charged with molestation or another sex crimes offense, contact a Pinellas County Criminal Defense Lawyer at Whittel & Melton as soon as possible so that we can assess your unique situation, ask the necessary questions and determine the best legal strategy for your defense.

Published on: April 8, 2015

Ex-UF Athlete Charged with Felony Battery

by Whittel & Melton, LLC

A former University of Florida track and field athlete was arrested Sunday morning after police allege he struck a bouncer multiple times after being denied entrance to a downtown nightclub.

According to a GPD report, the 23-year-old man was apparently trying to get into Simons Nightclub at about 1 a.m. when police claim he created a disturbance and was denied entry by one of the club’s bouncers.

Police allege that the argument escalated with the bouncer and the man then punched the bouncer in the face repeatedly, leaving a large cut on the bouncer’s forehead that required stitches.

Police claim they were forced to detain the man and physically remove him from the scene.

The man was arrested and charged with one felony count of battery and one misdemeanor count of resisting an officer without violence. He was taken to the Alachua County jail where he remained on Sunday with bail set at $17,500.

According to reports, the man competed for the Gators’ track and field team from 2010 to 2013.

The man won the triple jump and finished second in the long jump at the annual Florida Relays at Percy Beard Track that concluded Saturday on the UF campus.

Facing battery charges in Florida can be a life altering experience. You could be facing hefty fines as well as time behind bars, depending on the facts surrounding your case. Obviously, these charges can be nothing short of frightening.

You may have found yourself facing a battery charge that erupted from an act of self defense. Many battery charges arise from a fight, and it is possible that you were not even the aggressor in the attack. Police often charge the person who is hurt the least, or even the person who files charges first.

Published on: April 6, 2015

Former Key West Cop Gets Molestation Charges Dropped

by Whittel & Melton, LLC

A former Key West police officer who was recently accused of sexually abusing a minor will not be prosecuted on two charges of child molestation and one of lewd exhibition.

Assistant State Attorney Val Winter, who had been prosecuting the case against the 42-year-old man, said that the charges were dropped because the girl’s parents believe discontinuing the case “is in the child’s best interests.”

The abuse allegedly started when the girl was 10 and continued until she was 13.

The man, who was a resource officer at Key West High School, turned himself in to the Monroe County Detention Center on Stock Island a year ago. He was released that same day after posting 10 percent of his bond, which was initially set at $100,000, and turning in his passport.

According to a Florida Department of Law Enforcement arrest affidavit, the man allegedly intentionally forced the girl to touch his genitals in her bed at night. He was also accused of touching her breasts and “attempting to touch her vagina.”

The man apparently had a relationship with the girl’s mother at the time of the alleged sexual abuse, and they were living together with both of her children, according to the arrest affidavit.

The man resigned from the Police Department in February 2014 after being put on paid leave on Dec. 17, 2013.

The man was recognized by the FBI for exceptional service in 2000 and was named officer of the quarter in 2006.

If you are being investigated for or have already been arrested and charged with a sex crime, this does not mean your life is over. It is possible to beat a sex crime charge, avoid prison time and avoid having to register as a sex offender. But, you need help to do this. A Monroe County Criminal Defense Lawyer at Whittel & Melton can help explore all possibilities with the hopes of getting the charges against you dropped.

Published on: March 30, 2015

Lake Wales Motel Manager Accused of Video Voyeurism

by Whittel & Melton, LLC

A 26-year-old Lake Wales motel manager is accused of video voyeurism.

Police claim the man is the motel’s night office manager at the Budget Inn Motel and allegedly installed a camera in a guest’s bathroom.

According to the arrest affidavit, the camera was facing the shower. Police believe the man installed the device under the guise the bathroom’s plumbing needed to be fixed.

Police allege that after the man left the room, the guests heard something fall in the bathroom.

Once they discovered the camera, they called law enforcement.

In addition to video voyeurism, the man is also charged with illegal device to intercept communication.

According to police, the man bonded out on Saturday.

The man is a native of Gujarad, India, and he is currently living in the United States on a student visa. The affidavit requests that the man surrender his passport while the case is ongoing.

A conviction of even a relatively minor sex crime such as voyeurism carries pretty harsh penalties. You not only face a potential year in jail, but even a conviction of a misdemeanor sex crime may require you to register as a sex offender, which restricts where you live or work. A conviction on your record may also cause difficulty with obtaining employment or renting or purchasing a home.

Published on: March 24, 2015

Woman Arrested for Allegedly Smearing Dog Feces on Neighbor

by Whittel & Melton, LLC

A 57-year-old woman was arrested Wednesday after she allegedly smeared dog feces on a neighbor whose pet had defecated in the woman’s yard.

The woman was charged with battery on a person 65 years or older and was released Thursday from the Palm Beach County Jail on her own recognizance.

Both the women live at the Woodfield Country Club.

According to an arrest report, the woman’s 67-year-old neighbor was walking her dog when the animal defecated on the woman’s lawn.

The neighbor told Boca Raton police that the woman came out of the house screaming. The neighbor said she was trying to pick up after her dog with a plastic bag, but stopped when the woman began yelling at her.

The neighbor apparently told the woman to clean it up herself.

The neighbor then claims the woman grabbed a plastic bag, scooped up the feces and ran after her. She then allegedly smeared the feces on the neighbor.

According to reports, when police arrived, the neighbor had feces on her hands and shirt.

The woman told police that her neighbor frequently allows the dog to defecate on her lawn and never attempts to clean it up. The woman did apparently admit to the police that she picked up the feces and “targeted” her neighbor with it.

The woman told police that the neighbor smeared the feces on herself.

In the state of Florida, if battery is committed upon a person that is 65 years old or older, this is classified as battery on an elderly person. Battery on a person 65 years old or older is a felony, punishable by incarceration and can result in a felony conviction on your criminal record.

Published on: March 17, 2015

Penn State Professor Arrested in Miami After Ranting on Plane

by Whittel & Melton, LLC

A Penn State University associate sociology professor was arrested during a flight from Nicaragua to Miami on Saturday. Her onboard speech about U.S.-Venezuela relations apparently got her pulled off a flight in Miami.

Authorities claim that the 52-year-old, who lives outside Philadelphia, is facing disorderly conduct and breach of peace charges for going on a rant and lighting a cigarette during the flight.

A passenger apparently caught the alleged rant on video. Police said it shows the woman lighting a cigarette and blaming it on another passenger. Flight attendants requested that police meet the flight in Miami, where the woman was taken into custody.

The woman wrote an email after she returned to Pennsylvania that alleges she was mistreated. She says all she did was speak out against U.S. treatment of Venezuela.

Disorderly conduct is classified as engaging in conduct that caused a disturbance by being unreasonably:

Violent
Loud
Abusive
Obscene
Boisterous

The problem with disorderly conduct charges is that they are so broadly written they give police officers much room for interpretation. It’s up to the officer who arrives at the scene to assess whether or not behavior should be defined as disorderly. If they do believe disorderly conduct is occurring, or has occurred, police have the authority to make an arrest in any public or private place, which includes an airplane.

Published on: March 16, 2015

Gainesville Man Allegedly Sends Nude Pics of Minor to Her Facebook Friends

by Whittel & Melton, LLC

A Gainesville man was arrested Saturday night after police allege he distributed sexually obscene photographs taken of a female who was a minor at the time the photographs were taken.

According to a Gainesville Police Department report, the 36-year-old man and the female had apparently been involved in a two-year sexual relationship that began when the girl, who is now 18 years old, was 16.

The report alleges that the man knew the victim was 16 years old when the relationship began.

Published on: March 13, 2015

Gun Charges Dropped Against NFL Free Agent Chris Johnson

by Whittel & Melton, LLC

Prosecutors decided to drop charges against NFL free agent Chris Johnson this week for a January gun arrest in Orlando, according to court records.

The Orange-Osceola State Attorney’s Office stated that, “this case is not suitable for prosecution.”

The 29-year-old athlete was stopped on the night of Jan. 9 for running a stop sign while driving with a friend, when an Orlando police officer noticed a pistol on the floor between Johnson’s feet, according to reports.

The weapon was apparently a 20-shot Belgian pistol that fires a high-velocity 5.7 mm bullet that can pass through tactical vests worn by police officers. These handguns are legal to own, but police claim that Johnson also had a 9mm Glock pistol in a backpack next to his feet.

Orlando police charged him with open carry of a firearm, but Johnson said he had a valid concealed weapon permit.

Johnson played most recently for the New York Jets and was dropped last season.

Most individuals who are carrying a weapon or firearm on their person do so for protection, and must abide by guidelines of the law. The gun laws in Florida are known for being quite strict, and while these laws can be somewhat confusing, it is very easy for someone who was just trying to protect themselves to wind up on the wrong side of the law.

Published on: March 9, 2015

Gainesville Swim Coach Sentenced to Federal Prison for Child Porn

by Whittel & Melton, LLC

A former Alachua County teacher and swim coach has been sentenced to 60 years in federal prison after he plead guilty to charges of producing child pornography.

In addition to the prison sentence, he was also ordered to pay $78,000 in restitution to each of his eight victims.

The 32-year-old pleaded guilty to the charges in September. The man was a behavioral resource teacher for kindergarten through fourth grade and a part-time coach of Gainesville swimming club.

When an individual is charged with a child pornography offense, one of the first lines of defense is to challenge any law enforcement searches or seizures that led to the discovery of images. When evidence is obtained for any crime without a property owner’s consent to search the property, it can be argued that the search has violated the Fourth Amendment to the U.S. Constitution. When a violation of constitutional rights has occurred, suppression of all evidence seized is a likely possibility.

There are actually many possible defenses to child pornography charges. In certain scenarios, viruses may sometimes automatically download these illegal files to a computer without the owner’s knowledge. Other times, child pornography could have been placed on another person’s computer by someone else. It is even possible for an internet connection to be hijacked by other parties. An Alachua County Federal Child Pornography Defense Lawyer at Whittel & Melton can rifle through the often complex evidence in these types of cases and come up with the best strategy to challenge the government and protect your rights.