Florida Criminal Attorney Blog

Published on: September 26, 2014

Clay County Man Pleads Guilty to Receiving Child Porn

by Whittel & Melton, LLC

A Clay County man plead guilty to receiving child pornography over the Internet Tuesday.

Officials claim that through investigations, agents with the Florida Department of Law Enforcement found a host computer that held images of child porn using a peer-to-peer file sharing program. The agent downloaded files from the host computer, and linked the subscriber information back to the 45-year-old man.

Officer’s obtained a search warrant for the man’s home and allegedly seized several computers and other electronic media that were later found to contain at least 18 images of child pornography and at least 20 videos depicting minors engaging in sexually explicit conduct.

The man apparently acknowledged during an interview with police that he had been receiving child porn for about two years.

The man faces a mandatory minimum of five years and up to 20 years in federal prison and a potential life term of supervision.

Child pornography is any photograph, film, video or computer generated image that displays a minor in a sexual situation. Both the federal government and the state have criminalized the production, distribution and possession of any form of child pornography. Due to the nature of these crimes, the media and public express much disdain when it comes to these offenses. Prosecutors, judges and juries also find these crimes quite heinous, and the consequences of a conviction can result in severe penalties. In fact, it is common to be slapped with a five year mandatory minimum sentence behind bars for receiving or possessing even just one child pornography image. However, most investigations into child porn uncover numerous images, which can enhance a sentencing guideline of more than ten years in prison.

State or federal authorities can prosecute cases involving child pornography, however, the majority of cases involving child porn in recent years have been prosecuted in federal courts, which usually impose sentencing guidelines that are much harsher than state courts. Due to the seriousness of these crimes, it is vital to retain a criminal defense lawyer immediately so that your rights can be protected and a solid defense can be established.

Published on: September 25, 2014

Lakeland Teacher Accused of Sexually Assaulting Student

by Whittel & Melton, LLC

A Lakeland middle school teacher was arrested at his Winter Haven home Tuesday for allegedly sexually assaulting a 14-year-old student.

The 28-year-old man is a media teacher at Southwest Middle School in Lakeland.

Police claim he forced himself on the girl while he supervised her community service at the school this summer.

Investigators allege that the student was afraid to tell anyone what happened, but she told a therapist who then told her parents. Her parents are the ones who contacted police.

According to reports, police believe the man texted the girl, gave her e-cigarettes, lingerie and small bottles of alcohol.

Investigators claim they found physical evidence at the man’s home to back up the girl’s story – an alleged receipt for the returned lingerie.

According to LPD, the man confessed to having sex with the student. He is being held at the Polk County jail without bond.

Polk County’s school superintendent said the man has been suspended without pay and she is recommending to the school board that he be fired.

According to the school district, the man was hired on Oct. 25, 2010, and has had no prior discipline or investigations, according to his personnel file.

Sexual assault cases are quite serious, and the potential penalties for these sex crimes are even more serious if committed by a person in authority, like a teacher. That state of Florida does not take these charges lightly. With that said, sometimes prosecutors and law enforcement are a bit overzealous when it comes to sex crimes cases, which makes wrongful convictions and wrongly escalated charges very possible. In certain situations, false allegations can put well-respected teachers or administrators behind bars for behaviors or actions they did not actually commit. Working with a Polk County Sex Crimes Lawyer at Whittel & Melton can help make sure that you do not end up serving an unnecessary sentence. Sex crimes have grave penalties including prison time, substantial fines and sex offender registration, so it is in your best interest to work with a sex crimes defense attorney as soon as you learn you are the target of a sexual assault investigation.

Published on: September 23, 2014

A Dangerous State: Florida’s Top 20 Most Dangerous Cities

by Whittel & Melton, LLC

According to the most recent FBI Crime report, Florida is home to some pretty dangerous cities. The top 20 cities that were found to have the most violent crimes and property crimes are as follows:

Miami Beach, Florida

With a population of 91,066, the total reported crimes were found to be 109.47 per 1,000 residents. Violent crimes: 10.33 per 1,000 residents. Property crimes: 99.14 per 1,000 residents.

Orlando, Florida

With a population size of 246,513, the total reported crimes in Orlando were assessed at 78.19 per 1,000 residents. Violent crimes: 10.34 per 1,000 residents. Property crimes: 67.85 per 1,000 residents.

Daytona Beach, Florida

Daytona Beach has a population of 61,861, and 74.10 reported crimes per 1,000 residents. Violent crimes: 11.56 per 1,000 residents. Property crimes: 62.54 per 1,000 residents.

Panama City, Florida

Panama City’s reported population is 37,187, with a total number of reported crimes at 70.27 per 1,000 residents. Violent crimes: 7.80 per 1,000 residents. Property crimes: 62.47 per 1,000 residents.

Key West, Florida

With a smaller population of 25,249, Key West has a total of 69.47 reported crimes per 1,000 residents. Violent crimes: 8.24 per 1,000 residents. Property crimes: 61.23 per 1,000 residents.

Homestead, Florida

Homestead has a reported total population of 62,785, with a total number of crimes at 67.87 per 1,000 residents. Violent crimes: 16.64 per 1,000 residents. Property crimes: 51.22 per 1,000 residents.

Fort Lauderdale, Florida

With a population of 170,827, the total reported crimes in Fort Lauderdale were determined at 67.92 per 1,000 residents. Violent crimes: 9.11 per 1,000 residents. Property crimes: 58.80 per 1,000 residents.

Pensacola, Florida

Pensacola’s population size is 52,909. The total reported crimes are 69.86 per 1,000 residents. Violent crimes: 9.11 per 1,000 residents. Property crimes: 60.75 per 1,000 residents.

Fort Pierce, Florida

The total population for Fort Pierce is 42,566 and the number of reported crimes ranks in at 65.95 per 1,000 residents. Violent crimes: 11.14 per 1,000 residents. Property crimes: 54.81 per 1,000 residents.

Miami, Florida

With a larger population size of 414,327, Miami has a total reported crimes of 65.47 per 1,000 residents. Violent crimes: 11.72 per 1,000 residents. Property crimes: 53.75 per 1,000 residents.

Pompano Beach, Florida

The total population size in Pompano Beach is 103,003. The total reported crimes in the area are 64.29 per 1,000 residents. Violent crimes: 10.29 per 1,000 residents. Property crimes: 54.00 per 1,000 residents.

Sarasota, Florida

Population size in Sarasota totals 53,055 with the total reported crimes at 63.14 per 1,000 residents. Violent crimes: 8.03 per 1,000 residents. Property crimes: 55.11 per 1,000 residents.

Riviera Beach, Florida

Riviera Beach has a total population of 33,309 and the total reported crimes are 61.97 per 1,000 residents. Violent crimes: 13.21 per 1,000 residents. Property crimes: 48.76 per 1,000 residents.

Lake Worth, Florida

Lake Worth has a population size of 35,788 and the total reported crimes are 61.17 per 1,000 residents. Violent crimes: 12.88 per 1,000 residents. Property crimes: 48.28 per 1,000 residents.

West Palm Beach, Florida

The population size is 102,422 and total crime ranks in at 60.78 per 1,000 residents. Violent crimes: 8.02 per 1,000 residents. Property crimes: 52.76 per 1,000 residents.

Oakland Park, Florida

Oakland Park’s population is 42,071, with the total reported crimes at 60.75 per 1,000 residents. Violent crimes: 7.85 per 1,000 residents. Property crimes: 52.90 per 1,000 residents.

Ocala, Florida

The population in Ocala is reported at 57,288. The total reported crimes for the area is 60.61 per 1,000 residents. Violent crimes: 6.55 per 1,000 residents. Property crimes: 54.06 per 1,000 residents.

Sanford, Florida

Sanford has a population of 54,662. The total number of reported crimes for the area is 60.13 per 1,000 residents. Violent crimes: 5.91 per 1,000 residents. Property crimes: 54.22 per 1,000 residents.

Lauderdale Lakes, Florida

The population is 33,644 and the total reported crime is 59.80 per 1,000 residents. Violent crimes: 9.99 per 1,000 residents. Property crimes: 49.82 per 1,000 residents.

Leesburg, Florida

Leesburg’s total reported crime is 60.05 per 1,000 residents. Violent crimes: 9.19 per 1,000 residents. Property crimes: 50.85 per 1,000 residents.

If you are facing criminal charges, you need to understand exactly what is at stake. How you respond to your charges will have a direct impact on how your case plays out, including your freedom and your future. During this critical time, everything you say and do, along with every decision you make can be the difference between imprisonment and you being free to move forward with your life.

Have you been arrested for a crime in Florida? You must act fast to protect your good name even if you have not had formal charges filed against you yet. A Florida Criminal Defense Lawyer at Whittel & Melton can help you with your case no matter what you have been arrested for or charged with. We will fully investigate the facts of your case and aggressively defend you in court or in seeking a settlement.

Published on: September 16, 2014

Manatee Man Arrested for Allegedly Attempting to Have Sex with Kids through Craigslist

by Whittel & Melton, LLC

Federal authorities arrested a 67-year-old Manatee County man they allege used Craigslist to try to set arrange a sexual encounter with a 10-year-old girl.

According to the Department of Justice, an FBI special agent found an advertisement in the “all personals” section of Craigslist referring to a single white male seeking a “family dynamic.”

Authorities claim that last week, the accused engaged in email communications with the undercover agent posing as the father of a 10-year-old girl and 13-year-old boy. During the online communications, the man allegedly told the undercover agent that he wanted to engage in sexual conduct with the minors.

According to authorities, the man traveled to Altamonte Springs on Thursday, where he had arranged to meet the father of the minors for the purpose of engaging in illicit sexual conduct. He was taken into custody upon his arrival at the location.

The Justice Department claims the man admitted to going to Altamonte Springs to explore the possibility of having sex with a 10-year-old girl. Investigators claim the man also shared that he has been involved in a bondage, dominance, sado masochistic lifestyle for about 10 years.

He is charged with attempting to persuade, induce, and entice a minor to engage in illicit sexual conduct. He faces 10 years to life in prison.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to put an end to the growing epidemic of child sexual exploitation and abuse. The case will be prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.

Sexual offenses, especially those involving minors, tend to elicit much public outrage and condemnation than any other type of crime. Those that are accused of these crimes are made out to appear like they lead double lives and and should be stripped of their basic constitutional freedoms. Due to the intense stigma attached to sex crimes, it is not uncommon for people to falsely accuse a family member, neighbor, teacher or anyone else they do not like of committing a sexually motivated crime. Even worse, prosecutors have been known to rely on false testimony and statements in order to obtain a conviction. Even if the allegations are eventually proved false, the results can still be devastating for the accused.

When it comes to sex crimes, law enforcement and prosecutors will try and do everything in their power to persuade you to confess to the crime in question. Understand that pleading guilty can result in a lengthy prison sentence as well as lifetime registration as a sexual offender. These cases require a sex crimes defense lawyer who can look for holes in the prosecution’s case and fight aggressively for you.

Published on: September 11, 2014

19-Year-Old Man Accused of Raping 5-Year-Old Girl in Inverness

by Whittel & Melton, LLC

A 19-year-old man with a self-described meth problem was arrested Monday and charged with raping a 5-year-old girl.

The child is apparently the daughter of a woman with whom he is acquainted.

Investigators claim the man, who is described as a homeless man with ties to Citrus County, admitted to raping the child while her mother slept on a couch in her Inverness home. According to detectives, the man said he has serious problems with drugs and that he tried to first have sex with the girl’s mother, but she would not wake up.

A relative of the girl’s mother who also lives at the residence reported the crime to authorities.

According to the arrest affidavit, the relative said she returned home last Saturday and found the man sweating and nervous. She claims the girl looked pale and scared. The relative said the man denied that anything had gone on, but the child later told her that the man had taken her to a bed and raped her.

The man was arrested in Hernando on Monday and taken to the Citrus County Jail. He was charged with sexual battery on a child under 12.

Sexual battery is considered to be one of the world’s worst crimes. Sex crimes involving young children are often considered more heinous than murder. Prosecutors despise sexual battery cases, which is why they prosecute sex crimes so aggressively. Unfortunately, this leads to many false convictions, enhanced sentences and ruined lives for those that are falsely accused or who receive harsher sentences than they deserve.

If you have been accused of a sex crime, it is very important to contact a Citrus County Criminal Defense Lawyer at Whittel & Melton immediately. Even if you have not been formally charged, you still need the help of an attorney right away. Sex crime cases can sometimes bypass criminal prosecution and be settled out of court. Even if law enforcement is already involved, we may be able reach an agreement that works in the best interest of both parties. In order to have the highest chance at receiving a successful outcome for your particular situation, it is best to act fast before things spiral out of control.

Published on: September 9, 2014

Clermont Drug Bust Results in Charges Against 74 Suspected Dealers

by Whittel & Melton, LLC

A ring of 74 suspected drug dealers allegedly infiltrating Lake County with cocaine, heroin and prescription pills have been charged with various drug-related charges.

These arrests come after a four-month undercover investigation where the Lake County Sheriff’s Office claims the members of the drug ring were caught red handed. The charges resulted from the undercover operation dubbed “Close to Home,” which was started due to numerous citizen complaints. Investigators claim they seized two pounds of heroin, seven ounces of cocaine and about 300 prescription pills, totaling nearly $140,000 in street value.

The Sheriff’s Office announced that those involved in this alleged drug ring never strayed too far from home. They allegedly made transactions where families are shopping with their children.

So far, arrest warrants have been served on 67 suspects. The investigation was conducted by the Lake County Sheriff’s office along with Clermont, Mount Dora and Leesburg police departments, the Polk County Sheriff’s Office and the Orlando division of the U.S. Marshal’s Office. The state Department of Children and Families is also involved. Children found in the homes that were searched have been placed with other family members.

Investigators also seized 23 vehicles, including two BMWs and two Suzuki motorcycles, along with 20 guns and about $33,000 in cash. According to officials, the vehicles will be sold or used by the participating agencies.

A majority of the suspects, ranging in age from 18 to 60, are from south Lake, according to the Sheriff’s Office.

Police believe the suspected ring leader is a 27-year-old man from Clermont who has a history of drug and criminal charges.

In most large-scale drug trafficking investigations, it is quite common for police to conduct multiple undercover drug transactions with the same suspect, or in this case suspects, before making an arrest. This is just one tactic that allows police to gain new evidence as well as new suspects as they continue to perform undercover transactions. This also gives law enforcement and the State’s Attorney’s Office a powerful edge in negotiating strategies as they can prosecute suspects for numerous different criminal counts.

Those who are facing any type of drug charges must take these matters very seriously. A conviction will likely result in jail time, not to mention a criminal record, which could limit one’s chances of obtaining employment or qualifying for a loan.

Published on: September 8, 2014

Hernando Man Accused of Luring Teen Girl to Hotel for Sex

by Whittel & Melton, LLC

Deputies allege that a San Antonio man arranged to meet what he thought was a 13-year-old girl at a Brooksville hotel for sex.

The 61-year-old man was arrested Wednesday on charges of attempted lewd and lascivious behavior, traveling to meet/seduce a minor and using a computer to solicit a minor.

The man had been engaged in long-term computer chats with a person he believed to be a 13-year-old girl, according to the Hernando County Sheriff’s Office. At some point during the course of the conversations, deputies claim the man asked to meet the girl.

The two allegedly arranged to meet at the Holiday Inn Express on Cortez Boulevard, deputies said. The man apparently unknowingly told undercover officials that he would meet the girl at 2 p.m. and described the vehicle he would be driving.

The man was arrested after arriving at the hotel. He is being held in the Hernando County Detention Center on $17,000 bond.

In the state of Florida, it is illegal to use the Internet to make plans to travel to a designated location to engage in sexual activity with anyone under the age of 18. Police are known for conducting Internet sting operations where they set up fake chat rooms or send out fabricated messages of a solicitous nature, usually where they act like a minor in order to lure unsuspecting individuals into making arrangements to meet somewhere for the purpose of engaging in sexual activity.

Published on: August 26, 2014

Volusia County Man Pleads No Contest to Sexually Abusing Dog

by Whittel & Melton, LLC

A 62-year-old Daytona Beach man pleaded no contest to charges that he was sexually abusing his small female dog on Thursday, according to the state attorney’s office.

Reports indicate that neighbors of the man said they saw the accused have sex with his 8-month-old dog.

Authorities allege that the dog showed signs of sexual abuse. They further claim that the dog was tied up to a post with no food or water, according to the report.

The pit bull mix is now in the custody of animal rescue.

The man pleaded no contest to felony cruelty to animals and sexual activities involving animals.

His sentencing has been scheduled for next month and he faces up to five years in prison.

Animal cruelty charges can range in severity from misdemeanors to felonies, depending on the behavior in question. Animal cruelty becomes a third-degree felony under Florida law when a person intentionally commits any act on any animal that results in excessive or repeated unnecessary pain or suffering or cruelty that results in death of the animal. When animal cruelty is charged as a third-degree felony it carries a maximum penalty of a $10,000 fine and five years in prison. If prosecutors can show that the person accused of the animal cruelty violation knowingly and intentionally tortured or tormentented the animal to the point that it resulted in the injury, mutilation or death of the animal, the mandatory minimum fine for the offense will be $2,500 and the offender will be obligated to complete counseling or anger management courses.

Published on: August 22, 2014

Plant City Church Youth Volunteer Accused of Possessing Child Porn

by Whittel & Melton, LLC

A Plant City youth group volunteer is facing child pornography charges.

Polk deputies arrested the 28-year-old man at his Lakeland home.

According to the sheriff’s office, members at the church came forward after they found explicit images on a shared computer and became concerned.

Published on: August 20, 2014

Chris Kattan Gets Probation for Drugged-Driving DUI

by Whittel & Melton, LLC

Former Saturday Night Live funnyman Chris Kattan received his sentence six months after he was arrested on suspicion of a DUI.

The 43-year-old comedian is required to pay a $500 fine, attend a three-month alcohol program, 104 Narcotics Anonymous classes, and will be on probation for the next three years, according to reports. Moreover, he is banned from driving with any drugs in his system, unless he has a valid prescription, and has been ordered to participate in the Hospital and Morgue Program, which is designed to show people the potential tragic consequences of their reckless behavior.

The Night at the Roxbury star was arrested in mid-February early in the morning after he crashed his Mercedes into a Department of Transportation vehicle that was parked on the side of a Los Angeles freeway doing maintenance work. While no one was injured in the accident, Kattan did fail a field sobriety test and was arrested and booked into the Van Nuys jail. He was released a short time later on a $15,000 bond.

Since receiving his sentence, Kattan has not commented on the incident.

The case is not completely settled just yet. Next month, a restitution hearing will be held to determine how much money Kattan owes the state for damage to the truck he hit.

DUI charges for driving under the influence of drugs are usually treated just the same as DUI charges stemming from alcohol use. There is one difference between the two, which is how police measure impairment. For an alcohol-related DUI, police usually measure a driver’s blood alcohol concentration using a Breathalyzer device or blood test and then compare the results to the legal limit, 0.08 percent. For a drug-related DUI, the methods law enforcement uses to determine impairment is much more subjective.

Police commonly rely on observations made during field sobriety tests, which allows an officer to observe a suspected DUI driver’s attention level, state of mind, balance, physical ability and other factors that the officer then will use to decide whether the suspect is impaired. While the presence of drugs can be found using blood tests, the existence of drugs in a person’s blood stream may not solely be an indicator that a person was driving under the influence of the substance.