Florida Criminal Attorney Blog

Published on: November 20, 2014

Port St. Lucie Man Accused of Stuffing Chainsaw in Shorts

by Whittel & Melton, LLC

A Port St. Lucie homeless man was allegedly caught on surveillance video stealing a chainsaw and stuffing it down his pants, according to police reports.

The accused apparently stopped in Treasure Coast Lawn Equipment in the 1800 block of Southwest Bayshore Boulevard on Oct. 28 and asked for $1 worth of change, according to a police report.

He is accused of picking up a Stihl chainsaw valued at more than $600 and leaving, riding away on a bicycle.

Surveillance video allegedly shows him stuffing the saw down his shorts and covering it with his shirt. The saw was not running at the time, according to police.

Employees chased the man, later identified as a 28-year-old homeless man. He apparently hid the saw in a wooded lot along Southwest Molloy Street before getting away from police.

The saw was eventually recovered, but police were unable to locate the man.

Police eventually caught up with the accused who allegedly told them he stole the saw and put it in the woods. He was arrested on a grand theft charge.

In the state of Florida, stealing property between $300 and $20,000 in value is classified as grand theft in the third degree. This offense is punishable by up to five years in prison and a steep fine of up to $5,000. Due to the fact that the chainsaw is valued at more than $600, the man was arrested for grand theft.

Published on: November 17, 2014

Overall Crime Rate Down Across the State of Florida

by Whittel & Melton, LLC

Our criminal defense lawyers at Whittel & Melton are very pleased to announce that, according to Governor Rick Scott, Florida is on a path to a 44-year crime low.

The actual number of crimes across the Sunshine State is showing that crime rate is steadily on the decline.

The Florida Department of Law Enforcement has released its numbers for the first half of 2014, which shows there were more than 8,000 fewer crimes committed in the first six months of this year than in that same time period in 2013.

However, while the number of non-violent crimes is down, including robbery, burglary and stalking, the number of murders, forcible sex offenses, aggravated assaults and domestic violence are all on the rise.

In Central Florida, most of the counties are in line with the overall report, seeing a drop in criminal activity across the board.

The biggest decline occurred in Flagler County, with crime dropping nearly 11 percent. Sumter County actually saw the biggest rise in crime, with an increase of 2.4 percent.

Published on: October 30, 2014

Halloween 2014: Buzzed Driving is Drunk Driving

by Whittel & Melton, LLC

The National Highway Traffic Safety Administration is urging all party-goers to recognize that Buzzed Driving is Drunk Driving this Halloween. As with all other holiday weekends, Halloween can bring about an increase in parties and celebrations in Florida and across the United States. Sadly, this also means that there will be an increase in drunk driving related injuries and deaths. Because of this, law enforcement officials are expected to be out in full force on Halloween night all across the state of Florida.

If you plan on drinking this Halloween, make sure to designate a sober driver before hitting the town. Consuming even just “a few” drinks could still place you over the legal limit. You do not want to place innocent trick-or-treaters and other roadway users in danger. Avoid drinking and driving entirely. Police will be ready to pounce if they believe they spot a drunk or buzzed driver, so save yourself the terrifying ride to jail and the horrifying costumed mug shot as well.

Halloween Drunk Driving Facts

Nearly half of all car crash fatalities on Halloween night involved a drunk driver in 2012.
In 2012, 26 people were killed in car accidents involving drunk drivers on Halloween night.
In 2012, 10,322 people were killed in drunk driving crashes across the nation, accounting for a third of all traffic crash fatalities for the year.
Young drivers between the ages of 21 and 34 years old make up the largest group of drunk drivers involved in fatal collisions.
In 2012, 18 percent of all drivers under the age of 21 involved in fatal crashes were impaired.

The best way to make sure your Halloween is happy and safe is to be smart and stay sober if you plan on driving. Just one drink can be one too many – buzzed driving is still drunk driving. If you plan on consuming any amount of alcohol, make sure you have a safe ride home lined up. Pre-program a cab company’s number into your phone or make plans with a designated driver.

Published on: October 29, 2014

South Florida Man Receives 2 Years in Prison for Unemployment Fraud

by Whittel & Melton, LLC

A South Florida man has been sentenced to nearly two years in federal prison for stealing thousands of dollars in state unemployment insurance.

A federal judge also ordered the 24-year-old Miami man to pay more than $60,000 in restitution last week.

Earlier this year, the man pleaded guilty to aggravated identity theft and other charges.

According to court records, the man used computers at his home to access 188 fraudulent unemployment claims. He apparently was able to obtain payments on 23 of those claims for a total of $60,400.

The money was deposited into various bank accounts controlled by the man.

Bank cameras apparently recorded the man taking money out of those accounts.

Florida state law provides for strict rules and procedures when it comes to an individual’s ability to obtain unemployment benefits. What this also means is that state prosecutors are quick to jump the gun when they suspect someone is taking advantage of the system. Because prosecutors are prompt when it come to pressing criminal charges the outcomes can often result in false allegations, improper charges and poorly run investigations.

If you are accused of unemployment fraud, a Miami-Dade County White Collar Criminal Defense Lawyer at Whittel & Melton can help mitigate the damage. If convicted of unemployment fraud, you may be subject to jail time and be required to repay benefits obtained under false pretenses. Our criminal lawyers can put our skills to work for you and aggressively fight to keep you out of jail or possibly keep you free of a criminal record at all.

Published on: October 24, 2014

13-Year-Old Jacksonville Boy Charged as Adult in Murder

by Whittel & Melton, LLC

State Attorney Angela Corey announced Thursday afternoon that she is prosecuting a 13-year-old boy accused of second-degree murder of a homeless Jacksonville man as an adult.

This is the second time she’s charged a young juvenile with murder.

The 54-year-old homeless man was found dead in a shopping center parking lot on 103rd Street in June. Police said he was shot in the head.

A month later they arrested the then-12-year-old juvenile after a 16-year-old friend was charged in an armed robbery and motor vehicle theft and implicated him.

A grand jury indicted the boy Thursday in the homeless man’s death allowing the adult charges to be filed by the State Attorney’s Office.

Prosecutors did not provide a motive for the killing and they did not discuss the case in detail or explain why they filed second-degree murder charges.

According to police, surveillance videos showed the youths at the scene. There was no apparent motive for the shooting, it was described as spontaneous.

Corey said her reasoning for trying the boy as an adult is because even if he was convicted of murder in juvenile court, he could be released in as few as 18 months, but he would have to be released in 36 months.

In the meantime the boy is being housed in the Duval County jail in a wing for juvenile defendants.

The juveniles are not housed with adult offenders even though they are in adult jail. There are 10-minute checks by corrections officers and a school inside the facility.

Juvenile crime is defined as any illegal act that is committed by an individual who is under the age of 18. In most cases, juvenile crimes are governed by a separate court system, with a separate set of rules from the adult court system. However, as this case shows, there are some cases where a minor will be charged as an adult. The main factor in deciding how the juvenile will be tried all boils down to the type of crime that has been committed. In recent years, there has been increased regularity of minors in Florida and across the country being tried and punished as adults due to the types of crimes that have been committed.

Published on: October 20, 2014

War On Drugs: Key Figures In CIA-Crack Cocaine Scandal Now Coming Forward

by Whittel & Melton, LLC

During the beginning of the war on drugs, young African Americans heard rumors of government involvement in the crack-cocaine explosion that outraged LA’s black community. Although it was not openly talked about in the media in the 80’s, in 1996, Pulitzer Prize winning journalist Gary Webb published his book, “Dark Alliance,” that connected the African American crack-cocaine surge to a thoroughly planned CIA operation. Major news network entities, including The New York Times, Washington Post and Los Angeles Times, attacked Webb’s research, ultimately discrediting his work. In December 2004, Webb committed suicide.

Now, Webb’s expose is being further reviewed in a documentary, “Freeway: Crack in the System,” which tells the story of “Freeway” Rick Ross, who created a crack empire in LA during the 1980s and is a key figure in Webb’s “Dark Alliance” narrative. The documentary is being released following the major motion picture “Kill The Messenger,” starring Jeremy Renner in the role of Webb which is now in theatres. The documentary focuses on key figures in the CIA now stepping forward to tell their stories in a series of interviews with The Huffington Post.

The film not only explores the corrupt foundations of the war on drugs, but also questions the jail sentences the U.S. justice system doled out to a mostly minority population, all while the country’s own foreign policy assisted the drug trade.

According to research from The Sentencing Project, in 1980, there were roughly 40,000 drug offenders in U.S. prisons. By 2011, the number of drug offenders serving prison sentences skyrocketed to more than 500,000. It is important to note that most of these offenders are not high-level operators and do not have prior criminal records.

The “War on Drugs” in the United States translates to mean that the federal and Florida drug laws give vast powers to law enforcement and prosecutors, which can end in the overzealous prosecution of even the most minor drug crimes, causing innocent people and first-time offenders to be sentenced to lengthy prison terms. At Whittel & Melton, our Florida Drug Crimes Defense Lawyers work tirelessly to defend clients accused of misdemeanor and felony drug crimes.

The penalties you could face for a drug crime all depend on the type of drug in question as well as the amount of the drug. Our Florida Drug Crimes Defense Attorneys have years of experience handling crimes involving all types of drugs, narcotics and controlled substances, including:

Marijuana
Cocaine
Methamphetamines
Heroin
LSD
Ecstasy
PCP
Prescription Pills

Published on: October 17, 2014

Teen Accused of Committing Lewd Act with Stuffed Animal Inside Walmart

by Whittel & Melton, LLC

Police arrested a 19-year-old man for allegedly using a stuffed animal to masturbate inside a Walmart on Tuesday.

According to Brooksville Police, the 19-year-old was caught on store cameras just before 3 p.m. acting suspiciously.

Reports indicate that the teen took a stuffed toy horse off the shelf and walked to the bedding department where police allege he then used the toy horse to masturbate.

The cameras apparently showed the teen place the toy back on the store shelf next to other items.

Police claim the teen ran from the store. He was arrested a short time later and charged with indecent exposure. He is being held on a $1,500 bond at the Hernando County Jail.

Police said they questioned the teen and that he admitted to the alleged act.

People have many different views about sex, sexuality and what is appropriate behavior in public. However, if you act in a way that someone else finds lascivious and offensive while in public, you could find yourself facing a sex crime charge of indecent exposure in Florida.

An action you intended as maybe a raunchy joke can easily escalate into a criminal sex charge pretty quickly. If you are convicted of a sexual offense, you will not only face possible jail time, fines and a criminal record, but you could be slapped with the label of being a registered sex offender.

Published on: October 15, 2014

73 Marijuana Plants allegedly Found Growing in Fort White Home – 3 Arrested

by Whittel & Melton, LLC

Columbia County detectives served a search warrant on a home in Columbia County on Thursday and allegedly found 73 marijuana plants growing and made three arrests.

Police apparently received a tip about the Fort White home, which they allege was operating as an indoor marijuana grow operation.

Those arrested include a 74-year-old Fort White man, a 45-year-old Tampa man and a 50-year-old Tampa man. All three men arrested were charged with cultivation of marijuana, possession of marijuana of more than 20 grams and possession drug paraphernalia. They were booked into the Columbia County Detention Facility.

The Drug Task force made the arrests and is comprised of law enforcement personnel from Columbia County Sheriff’s Office, Lake City Police Department, Florida Department of Law Enforcement, Drug Enforcement Administration and Bureau of Alcohol, Tobacco, Firearms and Explosives.

Marijuana plants are currently illegal in the State of Florida. However, that does not stop people from transforming their homes into a “grow house.” Once police catch wind of an alleged grow house, they quickly start investigating, looking to arrest someone and charge them with various felonies, including possession of marijuana with intent to sell or distribute, possession of more than 20 grams of marijuana, cultivation of cannabis and trafficking in cannabis. Trafficking is the most serious of these charges, requiring 300 or more plants at any stage of growth, and is a first-degree felony carrying a minimum mandatory prison term.

If you know you are being investigated by police, or have already been arrested, you must act fast and obtain the help of a criminal defense lawyer right away. There are steps that can be taken during investigations to prevent police from obtaining further evidence against you. That is why you must not delay, contact a Columbia County Criminal Defense Lawyer at Whittel & Melton today.

Manufacturing marijuana in Florida is a felony. Under the Marijuana Grow House Eradication Act, it is also illegal to own or rent a home for the purpose of growing or possessing marijuana plants. Convictions from grow house charges can vary from five to 30 years in prison depending on the size of the operation and if any children were present in the home.

Published on: October 3, 2014

Former Atlantic Beach Police Chief Arrested on Drug Charges and Tampering with Evidence

by Whittel & Melton, LLC

Florida Department of Law Enforcement agents arrested Mike Classey, who resigned just last week as chief of the Atlantic Beach Police Department.

Classey, 50, was placed on administrative leave Sept. 19 after the city learned of a criminal investigation being conducted by the FDLE. And one week ago, Classey resigned.

Classey was arrested Tuesday and charged with 18 counts of possession of a controlled substance, one count of trafficking in codeine, tampering with evidence and possession of drug paraphernalia.

According to reports, Classey turned himself in and was booked into the Duval County jail on $136,036 bond.

State Attorney Angela Corey and FDLE officials claim agents began investigating Classey after receiving a tip from the Department of Homeland Security. They allegedly intercepted a package containing controlled substances from India addressed to “Michael Cassey” at a UPS store post office box. Agents claim Classey showed up at the store to pick up that package, as well as a second package.

One package allegedly contained Xanax and the other contained injectable steroids.

FDLE searched Classey’s home on Sept. 19 and reportedly found what was described as large quantities of various steroids, Codeine, Xanax and syringes.

Agents apparently asked the man for the computer that he ordered the alleged drugs on, and he told them he had asked his son to dispose of it. Investigators claim they later found it in a trash container.

The man’s resignation is not tied to the Police Department or his job.

In order for police to charge you with tampering with evidence, you must have done either of the following while knowing that an investigation is going on or will soon:

1. Hide, destroy or alter a piece of evidence, such as a document, weapon or even drugs in order to interfere with the investigation.
2. Use false evidence to trick or confuse investigators or to interfere with the investigation.

If you are convicted of tampering with evidence, this is something that will remain on your criminal record for the rest of your life. Despite the circumstances surrounding your case, even just an accusation that you tampered with evidence in a criminal investigation can tarnish your reputation and good standing in the community. With that said, understand that these charges are extremely serious and must be given the high level of attention that they deserve.

A Duval County Criminal Defense Lawyer at Whittel & Melton can help you if you have been charged with tampering with evidence. First and foremost, we will conduct an extensive investigation into the charges to look for any mistakes law enforcement made during their investigation, as well as any other legal issues that can be raised on your behalf.

Published on: October 2, 2014

Bunnell Man Receives 30 Years for Child Molestation

by Whittel & Melton, LLC

A Flagler County man who was previously convicted of lewd and lascivious molestation of a child was sentenced to 30 years in prison.

The 29-year-old man was previously convicted by a Flagler County jury on Aug. 20 after a two-day trial.

At trial, the man’s defense centered around the fact that he suffered from “sexsomnia” and committed the acts while asleep. According to the evidence from trial, the man had apparently touched the victim inappropriately on more than one occasion.

Jurors did not believe the man’s disorder of sexsomnia and returned a verdict of guilty.

Evidence from the prosecution claimed that the man sent out a postcard from the Flagler County jail that requested information about nations without extradition agreements with the U.S. and where marijuana is legal.

The prosecution used this evidence to argue about the man being a flight risk.

The judge imposed the 30-year sentence after hearing a letter written by the victim in the case and from several witnesses that testified on the man’s behalf.

Once the man is released from prison, he will be placed on sex-offender probation for the rest of his life. His probation requirements order him to have no contact with minors. A $15,000 statutory fine was also imposed. In addition, the man will be classified as a sexual predator.

Sexsomnia, similar to sleepwalking, is a condition that is not very well understood, however scientific evidence does prove that it exists. In fact, this is not the first case that has used sexsomnia as a defense. It has been used in similar cases and has resulted in acquittals. Sexsomia is classified as a rare type of sleep disorder that essentially entails a person acting out sexually while sleeping. Episodes of sexsomnia occur during a deep sleep, so a person experiencing this disorder may not even be able to recall anything that happened after he he or she wakes up.

Unfortunately, when people are charged with sex crimes, especially when children are involved, the public usually instantly assumes that they are guilty. However, those who are charged with sex crimes, or any crime for that matter, are presumed innocent until proven guilty beyond a reasonable doubt.

While a rare defense, this not the first case where sexsomnia has been brought up as a defense. This case just goes to show that allegations of child molestation and other sex crimes are a lot more complex than they seem on the surface.