Florida Criminal Attorney Blog

Published on: May 28, 2014

Polk County Criminal Defense Lawyer :: Prostitution and Human Trafficking Investigation Nets 98 Arrests

by Whittel & Melton, LLC

A former Orlando police officer and Polk County School Board volunteer were among 98 arrested for prostitution and human trafficking during a four day undercover investigation conducted by the Polk County Sheriff’s Office.

The four day sting operation started Thursday and finished Sunday.

Detectives focused on websites that advertise prostitution.

The Polk County Sheriff’s Office arrested 98 people, including 24 married men and women, 28 prostitutes, 52 “Johns” and 16 who brought prostitutes to the undercover location.

The undercover sting was titled “Operation: When will you learn.”

The former Orlando police officer, 44, is accused of trying to find women he could pimp out on the streets. He is charged with use of a two-way communication device to commit a felony and trying to derive proceeds from prostitution.

According to the Polk County Sheriff’s Office, the man was trying to be a pimp.

Another man, a 56-year-old Polk County School Board volunteer residing in Winter Haven, is accused of soliciting an undercover female detective to have sexual intercourse for $100. He was charged with soliciting another to commit prostitution.

Deputies also allege that the undercover operation broke up at least three human trafficking rings.

Polk County law enforcement officers often try to catch those engaging in illegal acts of prostitution by performing undercover sting operations on a regular basis. These undercover operations are conducted with the hopes of luring unsuspecting individuals into acts of prostitution. Many undercover detectives are not above using all types of tricky and underhanded methods to catch suspected pimps and even law-abiding citizens just so an arrest can be made.

Published on: May 16, 2014

Charlotte County Criminal Defense Lawyer :: Punta Gorda Man Facing Child Pornography Charges

by Whittel & Melton, LLC

State investigators arrested a Charlotte County man last week on several counts of possessing child pornography.

Agents raided the 43-year-old’s house on Mango Drive in Punta Gorda where they claim they discovered a computer that was advertising videos and images of young children being raped.

This man’s arrest was part of a larger, undercover sting operation targeting individuals in Southwest Florida believed to be in possession of child porn.

The man’s wife allegedly told police that her husband accidentally downloaded the images.

According to police, the woman said her husband was trying to download music from a website called “eMule,” a peer-to-peer networking site. However, police allege the man downloaded images of children engaging in sexual activity.

The woman told police that the images were deleted as soon as her husband saw what they were.

The Florida Department of Law Enforcement began investigating the man last October. Agents targeted computers with IP addresses in Southwest Florida believed to contain child porn.

Police claim the man began searching, collecting and advertising child pornography nearly a year ago. He is being held at the Charlotte County Jail on $500,000 bond.

Possession of child pornography charges are grave and require an aggressive criminal defense. If you have been caught in a situation where images of child porn were found on your computer, a Charlotte County Criminal Defense Attorney at Whittel & Melton can investigate the facts of your case and provide you with a thorough defense against these heinous allegations.

As trial attorneys and former prosecutors, we have the technical experience and knowledge needed to defend child pornography cases. The majority of these cases involve online peer-to-peer file sharing networks where the material in question is often mistakenly downloaded or is embedded in other files being downloaded, which can wind up being traced back to you. If you have been accused of possessing images of child porn or have been contacted by law enforcement, the best thing you can do to help yourself is to invoke your rights to remain silent and contact a criminal defense lawyer as soon as possible.

Published on: May 12, 2014

Man Sues Over ‘COPSLIE’ License Plate Rejection, Supreme Court Rules in His Favor

by Whittel & Melton, LLC

On Wednesday, New Hampshire’s highest court ruled that the state infringed the free speech rights of a man who wished to have “COPSLIE” on his license plate.

The state Supreme Court agreed with the arguments of the man in a unanimous decision.

The man said he wanted the vanity plate to protest “government corruption.”

Published on: May 8, 2014

Seminole County Federal Criminal Defense Lawyer :: Altamonte Jewelry Store Involved in Nationwide Sweep on Synthetic Drugs

by Whittel & Melton, LLC

The owner of an Altamonte Mall jewelry store has been arrested on federal charges after his business was raided Wednesday as part of a nationwide sweep on synthetic drugs.

According to a U.S. Drug Enforcement Administration official, the jewelry store owner allegedly oversaw a large synthetic drug operation in Central Florida.

A federal grand jury indicted the man Wednesday, the same day DEA agents raided his Windermere-area home, Altamonte Springs jewelry store and a warehouse on John Young Parkway where he is accused of storing drug paraphernalia.

Agents claim that the man was not selling drugs out of the jewelry store, but allegedly laundered the proceeds through the business.

The owner and his two alleged associated were each indicted on two federal drug charges.

If convicted, prosecutors would seek to forfeit more than $13 million from the suspects, as well as the jewelry store owner’s nearly 8,200-square-foot home on McKinnon Road.

This drug sweep is part of “Project Synergy,” a multi-agency operation targeting all levels of the global synthetic drug market.

In an announcement on Wednesday, the DEA said that the latest phase of “Project Synergy” ended with the arrests of more than 150 people nationwide. Around 200 search warrants were executed across 29 states.

Authorities claim they confiscated hundreds of thousands of individually packaged, ready-to-sell synthetic drugs, hundreds of kilograms of raw synthetic products and more than $20 million cash.

Synthetic drugs are often promoted as bath salts, herbal incense, jewelry cleaner or plant food and have increased in popularity.

Bath salts, which are illegal in Florida, are comprised of substances that are meant to mimic the effects of LSD, cocaine or methamphetamine. These drugs are marketed under names such as “Ivory Wave” and “Vanilla Sky.”

Synthetic marijuana, also referred to as “K2” or “Spice,” is also illegal in Florida and a growing concern among teens and young adults.

Synthetic marijuana and bath salts are considered controlled substances under both state and federal law, which means you are looking at prison time if you are charged with a drug crime involving either of these drugs. Even if you purchased these illegal substances at a smoke shop or head shop in the Altamonte Springs area, you can still be arrested and charged with a drug crime by local authorities or even the DEA.

Along with ecstasy, peyote and LSD, synthetic marijuana and bath salts are classified as schedule I controlled substances under federal law. Schedule I controlled substances are considered highly addictive and are believed to have no medical value. A conviction for a federal drug crime charge, including possession, manufacturing, distributing or trafficking will result in mandatory minimum sentencing, which usually means several years behind bars.

Published on: May 6, 2014

Polk County Criminal Defense Lawyer :: 101 Arrested in Three Day Drug Sweep

by Whittel & Melton, LLC

Polk County Sheriff’s Office deputies and undercover detectives conducted a three day county-wide proactive initiative that focused on repeat offenders, drug offenders, offenders on probation and followed up on crime tips and crime trends.

After the three day operation, 101 suspects were arrested and 15 search warrants were served.

Of those detained, 92 are repeat offenders, with a total of 955 prior arrests and more than 1,500 criminal charges.

Deputies and detectives claim they were able to seize $13,378, six firearms, one vehicle, more than two pounds of marijuana and more than three ounces of methamphetamine and 45.1 grams of hydrocodone.

The 101 suspects arrested were charged with 325 offenses, including 180 felonies, 145 misdemeanors, 32 outstanding warrants for 32 felonies and 17 misdemeanors, 5 warrants from other jurisdictions and one fugitive from justice.

Nine of those arrested were currently on probation, and received a violation of probation charge in addition to other charges. According to police, more than 12 of those arrested had active warrants for violating probation.

Reports indicate that 40 of the suspects were receiving public assistance at the time of their arrest, and 32 out of the 101 have served time in prison before.

The investigation focused on Auburndale, Winter Haven, Lake Wales, Eloise, Frostproof and Lakeland areas of Polk County.

The sweep was part of the agency’s “Proactive Community Attack on Problems”, also known as the “PROCAP” program, that involves collecting daily crime data, studying trends in the data and delivering that information to supervisors and deputies.

When conducting a drug sweep, police usually raid homes and businesses where they believe drug activity is taking place. Numerous people can be arrested in these operations and charged with drug possession or distribution, as well as additional crimes like weapons charges and probation violations. While police may believe that those they are arrest are dealing drugs, many people caught up in these sweeps are innocent bystanders that have no direct connection to the drug trade.

Published on: April 30, 2014

Sarasota County Sex Crimes Defense Lawyer :: Operation Intercept III Nets 12 Arrests for Internet Solicitation of a Child

by Whittel & Melton, LLC

The Sarasota County Sheriff’s Office has arrested 12 men in an undercover sting operation dubbed “Operation Intercept III,” targeting adults who use the Internet to solicit sex from children.

The men, ranging in age from 20 to 50, arrived at a decoy house in Sarasota County allegedly intending to have sex with a child, according to detectives. Instead, they were met by undercover officers.

According to the Sarasota County Sheriff’s Office, the men allegedly used phone applications, social media sites or Internet advertisements to contact undercover agents posing as minors or guardians of children.

Between Thursday and Saturday, agents claim that the men all engaged in sexually explicit conversations with what they believed were minors or parents of minors.

Most of the men charged in the sting believed they were talking to 14-year-old females. One case involved an agent posing as a 13-year-old girl, and another involved an agent posing as a 14-year-old boy.

One of the men arrested, a 33-year-old Tampa security officer, apparently believed he was talking to the mother of a 12-year-old girl. He allegedly started chatting with the mother on April 17 on OKCupid and then began texting. The man allegedly talked about taking the daughter’s virginity, according to reports.

Another man, 44, allegedly agreed to impregnate a 14-year-old girl, according to the Sheriff’s Office.

All of the men are charged with use of a computer to solicit a child to commit a sex act, travelling to solicit a child to commit sex and attempted lewd and lascivious battery.

Many of those arrested face additional charges related to sending nude photos or drugs.

The sheriff’s offices in Manatee and Sarasota counties have completed six stings, including this operation, in which more than 170 people have been arrested.

This is the most recent sting and the only one that has yielded less than 25 arrests.

Additional investigations related to this operation are ongoing.

Internet solicitation charges involving a minor are typically prosecuted quite aggressively. If you are facing this charge or a similar sex offense, you could be forced to deal with the serious social stigma attached to sex crimes against children as well as the very real possibility of spending years behind bars if convicted.

After the airing of the “To Catch a Predator” series, most people are familiar with how police conduct undercover Internet sex crimes investigations involving minors. However, when individuals meet online, this provides law enforcement with the opportunity to use entrapment to make their case. Entrapment brings up many constitutional rights issues, which is why the facts of your case must be thoroughly scrutinized to make sure no information was obtained illegally. Depending on the circumstances, if entrapment was used in your case, any evidence against you can be thrown out.

Published on: April 29, 2014

Broward County Federal Criminal Defense Lawyer :: Fired BSO Cops Arrested, Facing Federal Charges for Alleged Involvement with Ponzi Schemer Scott Rothstein

by Whittel & Melton, LLC

Two fired Broward Sheriff’s deputies surrendered at the federal courthouse Monday where they faced charges alleging they abused their power as law enforcement agents in order to assist Ponzi schemer Scott Rothstein and his allies.

Prosecutors filed federal conspiracy charges against a former 48-year-old lieutenant from Boca Raton and a former 47-year-old detective from Weston on Friday. They were fired from their positions shortly after their arrests.

Prosecutors claim the former lieutenant accepted $185,000 worth of cash, gifts and other perks from Rothstein. They claim the man sent the former detective “to do his dirty work on the street.”

Published on: April 28, 2014

Gainesville Doctor Charged with 210 Federal Charges

by Whittel & Melton, LLC

A Gainesville doctor who was under federal investigation for years has been charged with 210 counts of health care fraud and money laundering.

The 57-year-old is accused of submitting fraudulent claims for needless tests, buying drugs from outside the U.S. that are not permitted for use here and providing those drugs to patients without their knowledge or consent, according to a news release from the U.S. Department of Justice.

The incidents allegedly occurred at a clinic she owned in Hawthorne from 1998 to 2009 and at a clinic on Northwest 16th Avenue in Gainesville from 2010 to 2013.

The woman surrendered on Tuesday and entered a plea of not guilty, according to reports. Her trial is scheduled for June 14.

The woman faces up to 10 years in prison for each of the health care fraud counts, up to three years for each of the Federal Drug Administration counts and up to 10 years on each of the money laundering counts.

Prosecutors allege that the woman submitted fraudulent claims to insurance companies for unnecessary medical procedures and services that were not actually performed or provided. According to reports, the claims were submitted to Medicare, Medicaid and Blue Cross Blue Shield of Florida.

The woman is accused of using some of the money from fraudulent claims to buy non-FDA-approved drugs and devices from outside the U.S., and submitted fraudulent claims for the dispensation of the drugs. Prosecutors also allege that she gave these drugs to patients without their knowledge.

Several state and federal agencies were involved in the investigation that led to the woman’s indictment.

The woman apparently closed her clinic in January 2013 because the investigation tarnished her reputation and wrecked her financially.

Reports indicate that the woman donated all of her medical equipment to a children’s hospital in Guatemala and has been volunteering for various local programs since her officer closed its doors.

If you are under investigation for federal health care fraud charges, you must take swift action and protect yourself by consulting with a federal criminal defense attorney as soon as possible. The sooner you enlist legal help, the more likely your lawyer can put a stop to further investigations and possibly prevent charges from ever being filed.

Health care fraud charges often arise from the following:

Medicaid and Medicare Fraud
Insurance Fraud
Kickbacks
Fraudulent Billing for Medical Services
Up-coding Medical Treatments or Services
Fraudulent Billing for Medications or Medical Equipment

A conviction for health care fraud carries extremely serious consequences. Not only do you face prison time and substantial fines, but you also risk losing everything you have worked so hard for, including any professional licenses or certifications that you hold as a medical provider.

Published on: April 23, 2014

Florida Shows Alleged Decrease in Crime in Broward and Palm Beach Counties

by Whittel & Melton, LLC

According to reports released by the Florida Department of Law Enforcement on Wednesday, crime in Broward and Palm Beach counties took a plunge in 2013 and stayed in line with the state’s total decrease in criminal offenses.

In its 2013 Annual Uniform Crime Report, the state agency concludes that criminal activity, ranging from rapes and murders to robberies and burglaries, have steadily dropped in Florida over the past five years.

The overall crime rate fell by about seven percent in Broward County. With that said, the report relays that there were 46 more forcible rapes in 2013 compared to 2012. The biggest category of crimes to drop was robberies, decreasing by about 13 percent.

In Palm Beach County, the overall crime rate plunged by about three percent in 2013. Conversely, there were nearly 100 more vehicle thefts than in 2012.

FDLE computed the same number of murders in 2012 and 2013 in both counties — 80 in Broward and 74 in Palm Beach.

When you are charged with a crime in Florida, the consequences can be devastating. Criminal charges have the ability to haunt you for the rest of your life, sometimes going as far as limiting your ability to find a job, own or rent a home and even maintain or build new relationships. Even if you do not serve any jail time, a criminal conviction can still negatively impact your life.

A criminal investigation can progress rather quickly. What you may think is nothing right now could lead to your arrest tomorrow. The sooner you involve a criminal lawyer with your charges, the better the outcome for you. A South Florida Criminal Defense Attorney at Whittel & Melton can thoroughly analyze every aspect of your case and begin evaluating possible defenses and strategies right away. From early on, we will look for ways to help you avoid a criminal conviction.

We handle all of the following types of criminal cases, including:

Sex offenses, including rape, child molestation, child pornography, prostitution, indecent exposure, child abuse and sexual assault
Drug crimes, including possession, sale, distribution, grow house and trafficking
Violent crimes, including kidnapping, burglary, assault, battery, robbery, domestic violence, murder, manslaughter and weapons charges
White Collar Crimes, such as Internet crimes, fraud, forgery, identity theft and RICO
Juvenile Offenses
DUI Charges, including DUI Manslaughter and DUI Serious Bodily Injury

Published on: April 20, 2014

Manatee County Criminal Defense Attorney :: Manatee High Quarterback Charged with Lewd and Lascivious Battery

by Whittel & Melton, LLC

A Manatee High School quarterback was arrested Monday night and is facing charges of lewd and lascivious battery on a 15-year-old girl.

According to the Manatee County Sheriff’s Office, the 17-year-old was arrested at 8:13 p.m. Monday. The girl apparently reported the alleged incident to law enforcement earlier that day.

Investigators believe that the teen and the alleged victim attended a party Saturday where they both drank alcoholic beverages. The two apparently began kissing and the girl claims she told the boy to stop, according to a sheriff’s office report.

The report states that the teen grabbed the alleged victim, pulled her into the bathroom, turned off the lights and locked the door. Once inside the bathroom, the girl claims that the boy tried taking her pants off but she asked him to stop.

Following his arrest, the teen allegedly admitted to having some sexual contact with the girl but denied raping her, according to the sheriff’s office.

According to a Manatee County school district spokesman, the teen will be re-assigned to an alternative school until this matter is resolved. School district officials will cooperate with law enforcement’s investigation, but will make no comments until the case is settled.

This teen’s arrest comes just a year after unprecedented legal scrutiny involving Manatee High School athletics.

A former running backs coach is scheduled for trial on June 2 involving one of seven misdemeanor charges of battery involving former female students and school employees as well as three misdemeanor charges of interfering with a student’s attendance. He has pleaded not guilty and will receive separate trials for the charges.

Former Manatee High School principal and former assistant principals are all facing charges of failure to report child abuse in the same case involving the former coach.

Lewd and lascivious battery cases are rarely witnessed first-hand by anyone other than the alleged victim and the accused, so the prosecution usually relies on circumstantial evidence and unreliable accusations of the victim. In many cases, these allegations are exaggerated or completely fabricated. When these cases involve a juvenile that is accused of touching another minor in an inappropriate way they are usually tried in juvenile court. However, depending on the age of the accused, the State Attorney’s Office could very well file these charges in adult court. Due to the serious nature of these charges and the severe potential consequences, parents should never allow their child to discuss these allegations with anyone, including prosecutors and law enforcement, before obtaining experienced legal representation.

In Florida, lewd and lascivious battery is a second-degree felony punishable by up to 15 years in prison when the accused is 18 years old and the alleged victim is between the ages of 12 and 15. When a juvenile who is less than 18 years old is charged with lewd and lascivious battery and the alleged victim is between the ages of 12 and 15, then the crime can be charged as a third-degree felony punishable by 5 years in state prison. Any person convicted of this crime would be declared sexual offender and be forced to comply with sexual offender registration laws in Florida and throughout the United States.