Florida Criminal Attorney Blog

Published on: July 15, 2014

Pinellas Park Firefighter Arrested for Selling Prescription Pills

by Whittel & Melton, LLC

A Pinellas Park firefighter has been arrested for selling and possessing prescription drugs, according to the Pinellas County Sheriff’s Office.

Detectives began to investigate after allegedly receiving a tip that the 38-year-old Largo man was selling prescription drugs. Police arranged a purchase from the man Friday evening. The man was arrested Saturday in the parking lot of Northside Hospital in St. Petersburg.

Detectives allege the man sold and was in possession of eight different types of prescription pills, including morphine, Xanax, hydromorphone and oxycontin.

The firefighter was arrested on eight counts of sale of a controlled substance and eight counts of possession of a controlled substance. He was transported to the Pinellas County Jail, where he is bail has been set at $200,000.

According to detectives, the man is a firefighter and a SWAT medic for the Pinellas Park Fire Department. He also works part time as an emergency room nurse at Northside Hospital.

This investigation is ongoing, and detectives are looking into how the man obtained the alleged drugs.

Any time someone is caught illegally selling any type of narcotic to another person, they run the risk of getting arrested and charged with the unlawful sale of a controlled substance. The state of Florida regards the sale or possession of a controlled substance as a very serious criminal offense. Similar to a distribution charge, this type of drug crime can result in years behind bars, tremendous fines and probation if convicted.

Police often try and catch those suspected of dealing drugs through undercover police stings. They may perform several undercover operations in order to build a sufficient amount of evidence against the suspect. In these operations, police may approach the suspected drug dealer and ask to purchase drugs. No matter what their strategy is, there are lines that police cannot cross. When police deviate from the strict guidelines that govern undercover sting operations, they could be accused of entrapment, which means any evidence obtained could be deemed inadmissible in court.

Published on: July 11, 2014

Former Prison Guard Pleads Guilty to Tax Fraud & Stealing Inmates’ Identities

by Whittel & Melton, LLC

A former correctional officer has pleaded guilty to committing tax fraud and using inmates’ identities.

According to investigators, the 26-year-old was working at the Zephyrhills Correctional Facility when he used Florida Department of Corrections databases to access the personal identifying information of inmates between January 2011 and May 2014.

The man allegedly used the information to file 182 fraudulent tax returns. Investigators claim the total amount of fraudulent funds requested in those returns is estimated to be more than $500,000.

Published on: July 8, 2014

Manatee County Criminal Defense Attorney :: Bradenton Police Officer Arrested in Prostitution Sting

by Whittel & Melton, LLC

A Bradenton police officer was recently arrested for soliciting a prostitute.

The Manatee County Sheriff’s Office has been working undercover for the past few months to catch prostitutes. Deputies targeted both prostitutes and “johns” on websites. Once a price was successfully negotiated, the suspects were arrested.

Police claim that on June 4, the Bradenton cop answered an ad. He allegedly agreed to meet a female undercover deputy at a hotel off of Cortez Road on his day off.

The officer was arrested after police claim he agreed to pay $100 for sex.

According to reports, the officer resigned shortly after the arrest.

The suspect was a patrolman who had been with the department since 2006. However, the media was not made aware of the man’s arrest until nearly a month after it happened.

A Manatee County Sheriff’s spokesman says the media was not alerted right away “Because we had an ongoing sting going on. We don’t normally say that we’re making an arrest when we’re doing an ongoing sting. You wait until the sting is over.”

The Manatee County Sheriff’s Office has now wrapped up this sting.

Once the man’s criminal case is complete, the Bradenton Police Department plans to launch an internal investigation.

If you are facing a charge of prostitution, then you are dealing with a very tough situation. It is important to retain legal representation during this time as you need someone who can review your case and create a defense strategy that will deliver the best possible outcome for you. That outcome could very well be reduced or dismissed charges.

Prostitution is considered a severe offense because it is labeled as a sex crime. If arrested for prostitution, do not say anything to police or prosecutors because anything you say could be used against you in court. You do not want to incriminate yourself by saying anything that could be twisted or misinterpreted by law enforcement.

Published on: July 2, 2014

Florida Underage DUI Defense Lawyer :: Disney Star Billy Unger Arrested on Suspicion of DUI

by Whittel & Melton, LLC

Disney Channel star Billy Unger was arrested over the weekend on suspicion of drunk driving after he was stopped in his Nissan Altima on Pacific Coast Highway, according to authorities.

Unger is best known for his role on the Disney sitcom “Lab Rats.” He was reportedly going 65 mph in a 45 mph zone on PCH around 12:10 a.m. Saturday when he was pulled over near Las Tunas Beach, according to the Los Angeles County Sheriff’s Office.

The arresting officer approached the 18-year-old actor’s Altima and claims he could immediately smell the odor of alcohol.

The officer also alleges that Unger’s eyes were bloodshot and watery.

Unger’s blood alcohol level was reportedly 0.08, right at the legal limit for an adult, and he allegedly did not pass a sobriety test. He was immediately arrested for suspicion of drunk driving.

Unger was later issued a citation and released on his own recognizance, which is standard procedure in DUI cases.

The detective did mention that Unger was very cooperative.

Unger issued the following statement Monday on Twitter:

“As I move forward responsibly in this matter, I simply ask the public, and more importantly my fans, to reserve judgment and allow the opportunity for me to address this issue properly through the legal system.”

When a driver under the age of 21 is pulled over for suspicion of driving under the influence of alcohol in Florida, they can be charged with DUI if their blood alcohol content is .02 percent or higher. While the legal limit for driving for those over the age of 21 is .08 percent, Florida has a strict zero tolerance policy for underage drivers that choose to get behind the wheel of a car after drinking.

If you are charged with underage drinking and driving, you face a license suspension. For any underage driver that submits to a breath test and blows a .02 or higher, their driver’s license will be suspended for six months with a 30 day hard suspension following a first time DUI arrest. This means that the driver cannot drive anywhere for any reason for those 30 days. Following the hard suspension period, the driver may be able to obtain a hardship license for “business purposes only” or for “employment purposes only.” Now, if the underage driver refuses to submit to a breath, blood or urine test then their driver’s license will be suspended for one year with a 90 day hard suspension.

Additionally, if you are arrested for underage drinking and driving and your blood alcohol content was .05 percent or higher then you must complete a DUI program.

Published on: July 1, 2014

159 New Laws Begin in Florida Tuesday

by Whittel & Melton, LLC

Florida will have 159 new laws starting Tuesday that address various issues, including college tuition, corporate tax credits, abortions and sex offenders.

One of the most prevalent laws is one that aims to protect children and others from dangerous sex offenders. The laws are intended to keep the most violent sexual offenders locked up longer and close any loopholes in a law that allows the state to send predators to a high-security treatment center once they have served their time in prison. The new laws will subject more offenders to potential civil commitment and prosecutors, detectives and victim advocates will be part of the committee that reviews their cases.

The sexually violent predator package of bills was among the first of the legislature sent to Gov. Rick Scott during the 60-day session that ended in May. The new laws are meant to create a better child welfare system in Florida. As of now, Florida is the only state in America that has a 50-year mandatory minimum prison sentence for violent sexual offenders.

Another law that seeks to protect children concerns the Department of Children and Families. The law changes how the department investigates and responds to cases; now placing a higher emphasis on shielding a child from abuse rather than focusing on keeping a family together. Moreover, the law also pays for 270 additional child protective investigators so that caseloads can be reduced and a response team can be sent out quickly to investigate child abuse deaths when the child had previous dealings with the system.

Another law will establish a statewide pilot program to pay for foster children’s driver’s education classes, license fees and car insurance so that they can be better prepared to gain employment when they turn 18 and leave the system.

The children of immigrants in the country illegally will now be able to receive in-state tuition at state universities after Scott changed his position on the issue. Another bill will give tuition breaks to honorably discharged veterans as well as waive professional licensing fees for them.

Local school boards now have the responsibility of selecting textbooks, whether or not they are on a state-adopted list, and will be required to put policies in place that allow parents to object to the books they choose.

Another new law took effect on June 20 that expands a voucher program, giving corporate tax credits to companies that provide money for low-income families to send their children to private schools.

As far as criminal laws go, there will be increased penalties for spiny lobster poachers, people leaving the scene of an accident that causes injury and people who illegally sell prescription drugs. Additionally, electronic cigarette sales to minors are now illegal in Florida. Another law forbids sending text messages soliciting products to residents on the state’s “no sales solicitation calls” list.

Florida has also changed its definition for its late-term abortion ban. Abortions will be illegal in Florida at any stage in a woman’s pregnancy if her doctor concludes that the fetus could survive outside the womb. The previous law banned abortions after 24 weeks of pregnancy. An exception can be made to this law if the mother’s life is at risk.

Lastly, new laws will create a Florida Tourism Hall of Fame and the position of state poet laureate to promote poetry in Florida.

Laws across the United States are constantly changing. When you have been accused of committing a crime in Florida, only a Florida Trial Lawyer at Whittel & Melton can provide you with the legal representation that you need. While many attorneys are quick to negotiate with prosecutors to obtain a plea bargain instead of pursuing trial, our Florida Criminal Attorneys know that sometimes trial is the best option for your situation. We thoroughly evaluate every case and will always advise you of your best legal defense strategy.

Published on: June 27, 2014

Palm Beach County Criminal Defense Attorney :: Eight Facing Federal Charges in Texas-Palm Beach County Cocaine Trafficking Bust

by Whittel & Melton, LLC

A group of eight individuals are suspected of using modified tractor trailers to transport cocaine between Texas and Palm Beach County.

The eight suspects from South Florida and the McAllen, Texas area are facing drug charges in a case before the federal courts. All of them are in custody, as they were arrested on Monday and Tuesday in both states.

According to a criminal complaint filed in West Palm Beach federal court, the group was moving 200 kilograms of cocaine a month into Palm Beach County.

Published on: June 24, 2014

Polk County Authorities Bust Million-Dollar Pot Operation

by Whittel & Melton, LLC

The Polk County Sheriff’s Office arrested nine people and seized almost 100 pounds of marijuana in a large-scale marijuana operation, according to reports.

Two different marijuana grow houses were broken up, including one operated by a 40-year-old Lake Wales man.

The man is allegedly responsible for six grow houses in the Lake Wales and Frostproof areas. The operation took in millions of dollars a year, officials said.

On Tuesday, the sheriff’s office revealed some evidence they had collected, including a gun, bulletproof vest and a large bag of marijuana. The operation resulted in the seizure of 96 pounds of marijuana and 70 marijuana plants, marijuana cultivation equipment, cash and vehicles.

Officials believe that most of the pot grown in the operation was shipped to the Northeast.

Polk deputies also busted a grow house in Poinciana on Monday, but officials have not yet reported whether the two busts are connected.

In Florida, manufacturing marijuana or cannabis is classified as a felony. Additionally, under the Marijuana Grow House Eradication Act, it is illegal to own or rent a home for the sole purpose of growing marijuana or housing marijuana plants. Depending on the size of the grow house operation and whether or not children are living in the home, convictions for this offense can range anywhere from 5 to 30 years in prison.

A Polk County Drug Crimes Defense Attorney at Whittel & Melton can help you if you have been accused of or charged with operating a grow house. We work tirelessly to defend those accused of running or participating in marijuana grow house operations.

We are more than familiar with the tactics police use to bust alleged grow house operations. That is why we never base a defense off of a police report. Instead, we perform our own investigation in order to gather the most accurate facts. If it is found that law enforcement used unlawful means to identify a marijuana operation, did not have probable cause for a search warrant or illegally questioned you, we will aggressively seek to have any evidence suppressed and push for the charges to be reduced or dismissed.

Published on: June 20, 2014

Orange County Juvenile Criminal Defense Lawyer :: Two Juveniles Arrested for House Burglaries in Maitland

by Whittel & Melton, LLC

Two juveniles linked to a string of house burglaries in Maitland were arrested on Wednesday, according to police reports.

Maitland police claim the two are also connected to numerous other break-ins in Orange and Seminole counties.

Some stolen items, which included electronics, purses and televisions, were recovered at the suspects’ homes, according to police.

The burglaries allegedly started in Maitland on June 6.

The suspects have been taken into custody and were transported to the Maitland Police Department for further questioning.

No further information has been disclosed regarding the alleged burglaries.

Juvenile criminal cases are handled differently than those of adults. The criminal courts recognize that those under the age of 18 are often unable to comprehend their behaviors and actions or understand the consequences in the same way as an adult’s brain does. Because of this, the court system puts an emphasis on rehabilitation when it comes to handling these cases.

Just like adults, a minor can invoke their right to remain silent and their right to a juvenile defense attorney. This is very important because an attorney should be contacted before a minor has any interactions with police. Understand that police are not required to tell the truth when questioning minors, so they often try to employ tactics that trick juveniles into giving incriminating statements.

An Orange County Criminal Defense Lawyer at Whittel & Melton can help you if your child has been accused of or charged with a criminal offense. When it comes to your child’s defense, our main goal is to preserve your child’s record so he or she can walk away from this experience without suffering long-term effects. We know that keeping children out of the criminal justice system is central for protecting their future.

Published on: June 16, 2014

Volusia County Criminal Defense Attorney :: Two Men Arrested for Drug Crimes in Deltona Crime-Suppression Operation

by Whittel & Melton, LLC

Two men were arrested around 3:35 p.m. on Friday after a Volusia County Sheriff’s Office deputy positioned along State Road 415, in Osteen, noticed a car go by and observed the passenger not wearing his seat belt.

The deputy stopped the vehicle and remarked that both men seemed nervous. When asked why he was not wearing a seat belt, the passenger, a 42-year-old Deltona man said he was simply too large to wear the belt.

The deputy called a Sheriff’s Office drug-detecting K-9 to be brought to the scene. The dog quickly alerted deputies to the presence of drugs. Officer’s uncovered cocaine, 23 grams of marijuana hidden under the passenger’s stomach fat, a .380-caliber semi-automatic handgun and more than $7,000 in cash stuffed into a tube sock.

According to deputies, the vehicle’s trunk and interior were sprinkled with carpet freshener and scented dryer sheets, which is a common trick used to hide the odor of drugs when they’re being transported.

The driver, a 38-year-old Sanford man was arrested and charged with possession of cocaine. The passenger was arrested and charged with possession of marijuana and also was cited for not wearing his seat belt, according to a Volusia County Sheriff’s Office release.

The arrests were part of a crime-suppression operation run by the Sheriff’s Office targeting crime and traffic enforcement in the Deltona area.

The operation began around 10 a.m. Friday, June 13, and lasted for about 10 hours.

Named Operation Summer Shield, the operation was intended to combat property crimes, illegal drugs and dangerous driving offenses, such as speeding, DUI, running traffic lights and stop signs and reckless driving. The key objective of the operation is to decrease, deter and dislodge crime through aggressive enforcement.

Friday’s operation netted 23 arrests and resulted in the issuance of 83 traffic citations and 14 criminal citations. Deputies also conducted 148 traffic stops.

Of the 23 arrests, five were for felony offenses, 16 were for misdemeanor charges and two were the result of open warrants. Some of the other charges included illegal possession of prescription drugs, driving with a suspended license, possession of drug paraphernalia and interference with child custody.

According to deputies, similar operations will be run throughout the summer months.

A drug possession conviction carries serious consequences for one’s life, future and career opportunities. Some of the potential penalties for drug possession include imprisonment, substantial fines and the loss of one’s driver’s license for two years.

Whatever drug you are accused of possessing, a drug crime conviction could be life altering. A Volusia County Drug Crime Defense Lawyer at Whittel & Melton can help fight all types of drug possession charges. We will not only work tirelessly to keep you out of jail, but will strive to achieve a case dismissal, a suspended sentence or even a successful appeal for those convicted of drug possession.

Published on: June 3, 2014

Brevard County Criminal Defense Lawyer :: Brevard Judge Challenges Public Defender to Courtroom Brawl

by Whittel & Melton, LLC

Conflict exploded in a courtroom Monday after a judge apparently dared an assistant public defender to go out back and fight.

The Brevard judge allegedly grabbed the assistant public defender and punched him in the head.

A video of the incident has been released, which can be viewed here.

In the video, the judge and the public defender swap words about a case after the public defender refuses to waive one of his clients’ rights to a speedy trial.

“You want to set it for docket sounding, set it for docket sounding. I’m not waiving in any case. This is an emergency created by the state,” the attorney said.

The judge responded with the following statement: “You know if I had a rock I would throw it at you right now. Stop pissing me off. Just sit down. I’ll take care of it. I don’t need your help. Sit down.”

The public defender fired back by saying: “You know what? I’m the public defender I have a right to be here and I have a right to stand and represent my clients.”

The judge then apparently takes the conversation one step further by shouting back this proclamation: “I said sit down. If you want to fight lets go out back and I’ll just beat your ass.”

The men then disappear off camera, where loud banging can be heard.

According to others in the courtroom, the men stepped into a hallway behind the courtroom that is typically used by judges and jurors.

The public defender claims that once inside the hallway, the judge grabbed him by the collar and began punching him in the head. The public defender apparently attempted to stop the judge from punching him, but courtroom bailiffs eventually came into the hallway and pulled the two apart.

The video recorded one of the men off camera saying: “I’m not kidding. You wanna [expletive] with me?”

The judge returned to the courtroom out of breath, but retakes his seat.

Those seated inside courtroom applauded.

The judge was not arrested, and reports indicate that charges will not likely be filed. However, it does appear that the incident will be reported to the Florida Bar.

The video demonstrates that the judge loses his tact and sense of control. It will be interesting to see how this courtroom scuffle plays out – it seems odd that if this was an unprovoked attack, like the public defender’s office is claiming, why no criminal charge was filed. Regardless, judicial discipline will likely come as this case demonstrates a violation of judicial ethics, especially since it appears the fight erupted after the judge wanted someone to waive a constitutional right.