Florida Criminal Attorney Blog

Published on: November 26, 2013

Sumter County Criminal Defense Lawyer :: Two Men Arrested on Child Porn Charges in Separate Cases

by Whittel & Melton, LLC

The Sumter County Sheriff’s Office has reported that they arrested a 50-year-old Bushnell paramedic after a raid of his home Wednesday apparently revealed dozens of illegal pornographic images.

The man also allegedly confessed to molesting a 15-year-old.

The man was charged with 12 counts of possession of child pornography and one count of lewd and lascivious behavior. He was taken to the Sumter County jail where he remained Thursday in lieu of $39,000 bail.

According to a sheriff’s spokesman, an ongoing operation by the Citrus and Sumter sheriff’s offices led investigators to believe that child pornography was being downloaded in the man’s home in Bushnell.

Deputies obtained a search warrant and raided the man’s home, seizing his laptop, which apparently contained at least 120 child pornography files, according to an arrest affidavit.

Detectives claim that the man told them he was addicted to child pornography.

At least 12 of the files are believed to contain minors, however the investigation is ongoing.

During the raid, the man allegedly told police that he groped a 15-year-old. Detectives apparently spoke with the teen, who allegedly confirmed the allegations.

In a separate case, the Sumter County Sheriff’s Office arrested an 18-year-old student who is accused of having a sexual relationship with a student younger than 16 years old.
The man has been charged with lewd and lascivious battery, as well as transmission of material harmful to minors, after police say he allegedly sent nude pictures of himself from his cell phone to the victim.

The man is currently being held in the Sumter County jail with bail set at $19,000.

Law enforcement officers are trained to find child pornography files on the Internet. Additionally, they are able to determine who downloads these files from a computer’s IP address. Once law enforcement has detected where these downloads are coming from, they will obtain a search warrant and seize the computer as evidence.

Published on: November 25, 2013

Monroe County Criminal Defense Lawyer :: Man with Fake Pilot’s License Arrested in Florida Keys

by Whittel & Melton, LLC

A man with a fake pilot’s license was recently arrested in the Florida Keys.

According to authorities in the Florida Keys, the man was apparently flying customers in an unregistered plane.

The Marathon, Florida man allegedly showed investigators a fake pilot’s license and was advertising for customers on the social networking site Facebook.

Investigators noted that the light sport aircraft was “falling apart due to saltwater exposure.”

The man was charged with felony possession of an unregistered aircraft and felony operation of an aircraft in a careless or reckless manner. Additional charges could follow, according to police.

The man posted $10,000 bond Tuesday.

The Federal Aviation Administration is also investigating the matter.

Impersonating a licensed professional in Florida carries very serious consequences. A Monroe County Criminal Defense Lawyer at Whittel & Melton can help you achieve the best possible resolution for your case. Being charged with this type of offense usually results in a complex set of legal issues. As former prosecutors, we can investigate the details leading up to your arrest and identify any weaknesses or inconsistencies in the government’s case against you.

It is a felony in Florida for any person who is not licensed to practice a profession that requires a license certifying their qualifications or to pretend to be licensed to practice a profession that requires licensure. Such professions can include:

• Pilots
• Doctors
• Teachers
• Physicians
• Attorneys

Published on: November 22, 2013

Hernando County Criminal Defense Lawyer :: ‘Operation Safe Families’ Nets More than 400 Arrests

by Whittel & Melton, LLC

The Hernando County Sheriff’s Office recently released the results of a four-week operation designed to serve outstanding arrest warrants on people accused of domestic violence or failing to pay child support.

The task, dubbed “Operation Safe Families,” was conducted from Oct. 13 through Nov. 9. According to reports, it resulted in 403 arrests in the county.

Operation Safe Families took place with the National Family Violence Apprehension Detail initiative, a one-day national endeavor to serve outstanding family-violence warrants organized by the Clackamas County Sheriff’s Office in Oregon. Operation Safe Families was aimed at targeting those individuals that endanger the lives of their children and families in Florida.

At its conclusion, the operation yielded 59 arrests associated with possession of controlled substances, 29 arrests related to domestic violence, 25 arrests associated with nonpayment of child support, nine arrests on domestic violence injunctions and 92 arrests associated with other warrants and alleged criminal actions.

The Florida Department of Law Enforcement logged 108,046 domestic violence offenses that were reported to law enforcement agencies, according to the 2012 Uniform Crime Report. This same report indicated that 202 people died as a result of domestic violence, which represents about 20 percent of all homicides in Florida.

Domestic violence is defined as any threat or action aimed at a spouse, domestic partner, live-in companion or even another family member that causes the person to fear for his or her well-being. Domestic violence charges in the state of Florida can be classified as a misdemeanor or felony depending on the severity of the offense. If you are charged with this crime, you could face the following consequences:

• Jail Time
• Mandatory Counseling
• Community Service
• Anger Management
• A “No contact” order prohibiting you from seeing the alleged victim
• A “No return” order prohibiting you from returning to your home

Published on: November 21, 2013

Lee County Criminal Defense Attorney :: Florida Rep. Trey Radel Arrested on Cocaine Possession Charges

by Whittel & Melton, LLC

Republican U.S. Rep. Trey Radel of Fort Myers pleaded guilty to misdemeanor possession of cocaine on Wednesday morning. He also stated that he would be taking a leave of absence from his position to get treatment.

According to a Washington, D.C., court document, on Oct. 29, Radel “did unlawfully, knowingly, and intentionally possess a quantity of cocaine, a controlled substance.”

This misdemeanor drug charge carries a maximum sentence of 180 days in jail and or a fine of $1,000.

Radel, 37, was arrested after buying cocaine from an undercover law enforcement officer, according to a Drug Enforcement Administration official.

According to authorities and court documents, Radel and an acquaintance went to a restaurant in the Dupont Circle area of Washington and met a man on Oct. 29, who was an undercover police officer. Radel allegedly said he had cocaine at his apartment and invited the men to join him, but both apparently declined his offer.

The undercover officer apparently offered to sell Radel 3.5 grams of cocaine for $250. Radel allegedly paid $10 more for the drugs, for reasons the documents do not explain, and left with the cocaine.

Federal agents then approached Radel, and he dropped the drugs in the street.

Radel issued this statement in court Wednesday, “I apologize for what I’ve done. I think in life I’ve hit a bottom where I need help.”

Radel is a former TV anchor whose lawful name is Henry Jude Radel III. He was elected in 2012 to the seat Connie Mack IV had occupied before.

Former U.S. Rep. Mack issued this statement:

“This is undoubtedly a very difficult time for Trey and his family and I’m sure all of us in Southwest Florida are keeping them in our thoughts and prayers. It is important that we all appreciate the very personal nature of Trey’s situation and understand that it is premature to respond to or consider political questions at this time.”

Had Radel been arrested in Florida he would have faced a felony for this charge, which is punishable by up to five years in prison.

The war on drugs by state and federal agencies is nothing new, and those convicted of violating drug laws will undoubtedly be targeted by law enforcement officers and prosecutors alike, and usually punished to the fullest extent of the law in court. State and federal statutes ban the use, possession, distribution and manufacture of any and all illegal drugs. A person that is believed to take part in such illegal activities will be charged with a drug crime.

Published on: November 20, 2013

Lee County Criminal Defense Lawyer :: Two Men Arrested for Selling Synthetic Marijuana at Convenience Stores in Fort Myers

by Whittel & Melton, LLC

Two Fort Myers men were arrested at the end of last month and charged with selling synthetic marijuana at two convenience stores.

One of the men, 18, was charged with four counts of sale and possession of a synthetic narcotic after Fort Myers police claim he sold the illegal substance, commonly referred to as “spice,” to an undercover agent at a Sunoco convenience store.

The other man, 47, faces one count of sale and possession of a synthetic narcotic for allegedly selling to an undercover agent at the Super Stop Food Store. Police believe the man is in the country on an expired work visa. According to reports, a hold has been placed pending a federal hearing.

Police said they are looking for another suspect from another store that has yet to be arrested.

The arrest of these men follows an undercover sting that took place in early October that resulted in the seizure of more than $1 million in synthetic marijuana from stores across Lee County. That undercover drug bust led to the arrest of several store clerks.

The state of Florida has made the sale and use of synthetic marijuana products illegal for several reasons. While the ingredients found in synthetic marijuana, also known as K2 or Spice, are not made from actual cannabis leaves, these substances are used to produce the same effects as using marijuana. It can cause many of the same symptoms, but if used for a prolonged period of time, this drug can also cause acute psychosis. Other dangers associated with using this drug include an intensified likelihood of developing a chronic psychotic disorder.

Published on: November 18, 2013

Seminole County Criminal Defense Lawyer :: Four Women Arrested in Lake Mary Prostitution Bust

by Whittel & Melton, LLC

Four women were arrested last month in a prostitution sting at the La Quinta Hotel in Lake Mary.

Authorities claim the women were arrested after offering sex for hundreds of dollars at the hotel, which is located just off Interstate 4.

Undercover deputies apparently met the woman at the hotel after responding to ads listed on various websites, including Backpage.com and BodyRubList.com. The women allegedly agreed to perform sex acts for hundreds of dollars.

According to authorities, none of the women arrested live in Lake Mary.

The consequences related to a prostitution offense can be quite harsh, even if this is your first arrest. A first-time prostitution conviction can land you in county jail for up to 60 days. A second conviction can result in one year behind bars. A third or subsequent conviction for prostitution can carry up to five years in prison. Along with jail and/or prison time, a prostitution conviction can ruin your reputation, destroy your personal relationships and even restrict future career options.

If you have been arrested for a prostitution-related offense in Lake Mary, Oviedo, Altamonte Springs or the surrounding area, know that there is help available to you. A Seminole County Criminal Defense Attorney at Whittel & Melton can make sure you understand the charges against you and what can be done to defeat them. As former prosecutors, we are very familiar with the inner workings of undercover prostitution stings and are knowledgeable about the laws involving entrapment. We can review the State’s case against you and challenge evidence involving these undercover busts while pursuing the strongest defense for your prostitution charges.

Published on: November 15, 2013

Broward County Criminal Defense Lawyer :: School District Reaches Agreement to Reduce Student Arrests

by Whittel & Melton, LLC

Broward County Public Schools, one of the nation’s largest school districts, has reached an agreement with law enforcement agencies and the NAACP to reduce the number of students arrested and charged with minor criminal offenses.

The agreement brings district officials together with police and the state attorney’s office to create an alternative to the zero-tolerance policies that are customary in many schools. It places principals, rather than school resource officers, in charge of deciding how to deal with students that misbehave.

The agreement is designed to cut down on what has become known as the “school-to-prison pipeline,” where students accused of minor offenses, like disrupting class or loitering, are suspended, arrested and charged with crimes.

Broward County is the nation’s seventh largest district and had the highest number of school-related arrests in Florida in the 2011-2012 school year, according to state data. Of the 1,062 arrests made, 71 percent were for misdemeanor offenses.

In Broward County, minority students have been excessively arrested, sometimes for the same offenses that their white peers received only a warning for. According to U.S. Department of Education data, more than 70 percent of students nationwide involved in school-related arrests or law enforcement referrals are black or Hispanic.

The new policy creates a different set of guidelines for district officials and school resource officers to follow when a student misbehaves. For non-violent misdemeanors like trespassing, harassment, incidents related to alcohol, possession of a misdemeanor amount of marijuana and drug paraphernalia, administrators have been instructed to attempt to resolve the issues through other methods than just arresting the student. A slew of options, like participation in a week-long counseling program, are thought of as much better ways to address and correct the student’s behavior.

Additionally, the new policy states that no student would be arrested for a first non-violent misdemeanor. However, further offenses can result in graduated levels of school-based interventions. After a fifth incident, students will be referred to law enforcement.
Felonies or serious threats will immediately be referred to police.

The policy went into effect at the beginning of the current school year. Broward County has already seen a 41 percent decline in the number of school-related arrests since the policy took effect.

The NAACP hopes the policy will serve as a model for other districts nationwide.

If your son or daughter, niece or nephew or grandchild has been charged with a crime in Broward County, you may be wondering whether you should hire an attorney. For most juvenile crimes, it is in your child’s best interests to have a criminal defense lawyer in their corner to make sure their rights are protected. The consequences for a juvenile crime can be quite harsh, potentially leaving a permanent stain on a child’s criminal record and even affecting future employment or educational opportunities. Depending on the age of your child, he or she could be charged as an adult for certain crimes.

The most common juvenile offenses include the following:

• Juvenile Drug Crimes

• Underage DUI
• Juvenile Theft Crimes
• Juvenile Sex Crimes
• Juvenile Violent Offenses
• Juvenile Alcohol Crimes

Published on: November 12, 2013

Lee and Charlotte County Criminal Defense Lawyer :: Five Arrested in SWFL Clinic Fraud Sweep

by Whittel & Melton, LLC

Five people working at clinics in Fort Myers and Port Charlotte were arrested after police concluded an investigation into alleged false personal injury claims at these facilities.

The arrests included clinic owners, massage therapists and chiropractors who have been charged with patient brokering and solicitation in support of what police call a large school personal injury protection fraud ring.

The investigation was conducted by the Florida Department of Financial Services’ Division in partnership with Nationwide Insurance Company. It was apparently discovered that employees at rehab centers in Fort Myers and Port Charlotte were advising patients to sign documents for rehabilitation services for injuries that occurred during auto accidents.

The clinics are accused of billing insurance companies for treatments that apparently never occurred. The investigation allegedly uncovered that the Port Charlotte facility was operating without the proper license.

A 31-year-old receptionist, a 52-year-old massage therapist, a 51-year-old facilitator, a 51-year-odl clinic owner and a 63-year-old chiropractor were all taken into custody.

The department’s investigation was also led by the Lee and Charlotte County Sheriff’s offices. The suspects were booked into either the Charlotte County Jail or the Lee County Jail.

According to police, the suspects are awaiting bond. If convicted, they each face up to five years in prison.

There are many different types of insurance fraud or insurance crimes that a persona can be accused of. Essentially, insurance fraud is the crime of providing false information to an insurance company about a claim so that the company will agree to cover any costs related to losses or damages.

Published on: November 11, 2013

Pinellas County Criminal Defense Attorney :: Dunedin Chef Accused of “Training” 3-Year-Old for Sex

by Whittel & Melton, LLC

FBI agents have charged a Pinellas County chef with federal child pornography charges after he allegedly admitted he made sexually explicit videos of a 3-year-old girl he was babysitting.

The 27-year-old Dunedin man apparently sent online chat messages under his name that graphically describe “training” a 3-year-old to perform a sex act, according to authorities.

The man was arrested late Tuesday after the FBI searched his home.

According to an FBI special agent, the man admitted to the production, transportation, receipt and possession of child pornography. He also claims the man confessed to storing the images on two cellphones and a laptop computer.

A criminal complaint against the man alleges that he shared his own productions on the Internet so that he could gain access to other people’s pornography.

“He admitted that these images and other child pornography images he had downloaded and possessed were sexually gratifying to him,” according to the agent’s report.

The man was held in the Pinellas County Jail, pending a bond hearing Friday in U.S. District Court in Tampa.

Federal law prohibits the possession, production, receipt, transportation and distribution of images that depict minors in sexual situations. The potential punishments for a conviction of these crimes are usually quite severe, including up to decades behind bars, massive fines, registration as a sexual offender and a lifetime of public stigma.

Published on: November 9, 2013

Hardee County Criminal Defense Lawyer :: Hardee County Sheriff’s Brother Accused of Sexually Abusing Young Girl

by Whittel & Melton, LLC

The brother of the Hardee County sheriff has recently been charged with sexually abusing a young girl six years ago.

The 62-year-old Zolfo Springs man was arrested Wednesday during a joint investigation by the Hardee County Sheriff’s Office and the Florida Department of Law Enforcement.

According to the sheriff’s office, the investigation began on Oct. 30 after the chief deputy discovered that the man may have had inappropriate conduct several years ago with a girl who was approximately 5 or 6 years old.

The chief deputy contacted FDLE agents on Nov. 1 after allegedly confirming the “strong
possibility” that the abuse had occurred.
Investigators claim that the man ultimately admitted to the allegations and was arrested.

The man is now facing charges of attempted sexual battery under the age of 12 and lewd and lascivious behavior.

He is currently being held without bond at the Hardee County Jail.

Officials said the sheriff requested that the investigation into the allegations be handled “without bias” and to handle the case by the book.

Sexual battery is classified as a felony in Florida and is considered to be one of the most heinous types of crimes. Also known as sexual abuse, sexual battery is most commonly referred to as rape. If you have been charged with rape or attempted rape, it is vital to obtain legal help from a criminal defense lawyer as soon as possible, before making any statements to law enforcement or the prosecution.