Florida Criminal Attorney Blog

Published on: September 13, 2013

Glades County Criminal Defense Lawyer :: Glades County Man Convicted in 2010 Murder of Okeechobee Bail Bondsman

by Whittel & Melton, LLC

A 32-year-old Lakeport man is facing up to life in prison after being found guilty of murdering an Okeechobee bail bondsman in 2010.

On Wednesday, Sept. 4, a jury made up of five men and one woman found the man guilty of second-degree murder, aggravated assault with a firearm and possession of drug paraphernalia.

According to the Glades County Sheriff’s Office, the man will be sentenced in about two weeks and is facing 25 years to life in prison.

The Glades County man was arrested Dec. 26, 2010 after he apparently shot the owner of All Over Bail Bonds in Okeechobee. The deceased was attempting to help a fellow Okeechobee bail bondsman locate the man.

The bail bondsman was shot one time in the left side of the chest with a .243 caliber rifle, and died at the scene.

An arrest report by the Glades County Sheriff’s Office indicates that the deceased, his wife and the other bail bondsman went to a mobile home on Red Barn Road to take the man into custody. When they arrived they apparently found the front gate to the property closed and locked.

The three then witnessed a Dodge pickup coming in their direction, but reports show the driver of the truck stopped and began to back up as the vehicle neared the gate. The trio crossed the gate and followed the truck to a small trailer thinking the man they were after was driving the truck.

The 32-year-old Lakeport man apparently came from behind the trailer armed with a rifle and pointed the gun at the three bondsmen and told them to get off the property.

Reports indicate that at some point the man began to run and the deceased and his wife ran after him. The deceased, who was armed with a handgun, apparently chased the man into a cow pasture. The man eventually stopped running and raised his rifle at the bondsman and fired one shot.

The man then fled the scene, but was found a short time later hiding under the porch of a building at Chappy’s Hunt Camp on S.R. 78, just east of Old Lakeport Road.

The bolt action rifle was found later about 150 yards from where the deceased was shot. According to police, it was still loaded with one round in the chamber and four rounds in the magazine.

When the man was taken into custody, police claim two more rounds were found in his pocket along with a glass smoking pipe which had a residue that tested positive for methamphetamine.

Published on: September 12, 2013

Florida Criminal Defense Attorney :: Two Florida Residents Accused of Hiding Crack Pipes in Their Bodies

by Whittel & Melton, LLC

Two Floridians were caught hiding crack pipes in their bodies last month after police arrested a man and woman in two separate incidents, according to authorities with the St. Lucie County Sheriff’s Office and the Indian River County Sheriff’s Office.

On Aug. 16, a 46-year-old man was arrested after he allegedly swallowed a crack pipe. Fort Pierce police claim jail X-rays confirm the allegations. The man had previously been arrested for possession of crack cocaine on Aug. 1.

Authorities claim that when they confronted the man, he attempted to throw something under a car and then tried hiding something underneath his hat. Police confiscated what was in his hat, which according to the arrest report, tested positive for crack cocaine.

The man was arrested and taken to the St. Lucie County jail. He apparently told authorities he was not hiding any illicit drugs on his person.

However, the police report states that an X-ray showed a crack pipe lodged in the man’s stomach horizontally. The man was taken to the hospital to have the pipe removed.

It is unknown at this time whether or not the man has enlisted the help of an attorney. It should be noted that prosecutors in St. Lucie County take drug charges quite seriously. It is a crime to be in possession of any illegal controlled substances such as cocaine, marijuana, LSD, heroin and methamphetamine. Drug possession laws vary based upon the type of drug and the amount found on the person. Being found in possession of small amounts of a drug may result in “simple” possession charges, whereas being found in possession of large quantities can lead to charges related to drugs sales and distribution.

If you or someone you care for has been arrested on drug charges in Fort Pierce, Port St. Lucie, the Village of St. Lucie or the surrounding area, a St. Lucie County Criminal Defense Attorney at Whittel & Melton can possibly help you avoid a conviction. For a free consultation, contact us today online or call 561-367-8777 to discuss your charges.

In a separate incident on Aug. 14, jail officials conducting a strip search of a Vero Beach woman apparently found a cocaine pipe hidden in the woman’s vagina, according to the Indian River County Sheriff’s Office.

The 30-year-old was arrested after officers responded to a trespassing complaint at a local Walgreens.

She allegedly told officers she did not have any drugs on her person, but authorities
claim the strip search showed otherwise.

It is not immediately clear if the woman has an attorney. However, it is important to note that Florida drug possession laws also prohibit possessing drug paraphernalia such as crack pipes, syringes and even bongs. This crime can be charged on its own, but usually accompanies other drug possession or drug sale charges. Drug paraphernalia is classified as anything that can be used to help inject, ingest or inhale an illegal drug into the body. In Florida, possession of drug paraphernalia is a first-degree misdemeanor. Even though this crime is not a felony offense, it still carries very serious ramifications, including up to one year in jail and a fine up to $1,000. Additionally, the stigma attached to a conviction of this nature can follow you around for the rest of your life making it difficult to find suitable employment and housing.

If you have been charged with a drug crime in Vero Beach, Sebastian, Fellsmere, Indian River Shores or the surrounding areas, an Indian River County Criminal Defense Lawyer at Whittel & Melton can help. Contact us today online or call 561-367-8777 to schedule a meeting for a free case evaluation.

Published on: September 10, 2013

Palm Beach County Criminal Defense Attorney :: Suburban Lake Worth Dentist Accused of Performing Root Canals without a License

by Whittel & Melton, LLC

A suburban Lake Worth woman who was previously arrested for practicing dentistry without a license was arrested last week on similar allegations, according to authorities.

As of last week, she was being held at the Palm Beach County Jail with no bail.

The 34-year-old doctor was arrested in April on charges that she prescribed painkillers despite having a suspended license. According to Palm Beach County court records, she was scheduled to go to trial later this month.

The woman is the owner of Terrific Smiles, with offices in West Pam Beach and North Palm Beach.

The state Department of Health suspended the woman’s license in October, claiming that she posed a danger to the public with her previous behavior.

However, deputies recently learned that the woman was still practicing and according to patients, apparently performed substandard work.

According to a sheriff’s arrest report, a woman claims the former doctor performed several root canals on her in March and April. The woman told police she suffered pain and was not given antibiotic medications for the pain following the surgeries.

The woman said she consulted other dentists, who advised that the root canals were not properly performed and would need to be done again.

According to investigators, she paid the woman $8,000 for the work.
Investigators apparently spoke to another patient who said he received dental care from the woman during May and June. The man claims the woman requested a cash payment from him though he had dental insurance.

He allegedly paid $3,141 for a root canal procedure.

The man told investigators that after experiencing ongoing pain he was referred by another dentist to a specialist. According to the report, the specialty dentist concluded that the root canals were not performed properly and advised the man to request a refund.

The man alleges that the woman did not return his calls.

Detectives have reason to believe there are additional victims, but no other patients have come forward at this time.

Published on: September 4, 2013

Volusia County Criminal Defense Lawyer :: 14 Arrested in Synthetic Drug Ring Operation in New Smyrna Beach

by Whittel & Melton, LLC

Popular synthetic drugs such as K-2 and bath salts have found their way onto the shelves of many gas stations, convenience stores and smoke shops around the country, and it seems many of these drugs originated from Volusia County through an illegal distribution ring based out of New Smyrna Beach.

According to a Volusia County Sheriff’s Office news release, narcotics agents recently busted the organization in a series of raids that was the conclusion of a seven-month investigation, ultimately yielding 14 arrests.

The raid, dubbed Operation Tinker Bell, was launched in November by the Volusia Bureau of Investigation and was assisted by the State’s Attorney Office.

The release details that through a variety of undercover investigations agents gained access into the organization and learned that it was importing synthetic drugs from China and Canada. The drugs were then distributed around the United States, according to the release.

In certain cases, the various suspects bought the finished drugs through wholesalers and then re-sold the products at a mark-up. In other situations, suspects purchased the chemical components and actually manufactured the synthetic drugs locally and then shipped the finished product off to buyers.

The group allegedly distributed multiple kilos of finished product on a weekly basis. Through their retail sales of the synthetic drugs, the organization profited several hundred thousand dollars in the past few months.

Several businesses in the New Smyrna Beach area have been raided by VBI agents armed with court-issued search warrants.

Before these raids were executed, agents had already seized roughly 6,700 grams of synthetic drugs during the investigation, including a substance called Star Dust.

By the end of the raids, agents had seized another 50 pounds of drugs and almost $80,000 in cash from the organization. The raids were performed four months after the Sheriff’s Office organized inspections of more than 170 businesses around the county to make sure all local businesses were complying with the statewide ban of synthetic drugs.

Of the 14 arrested, most were charged with conspiracy to deliver a controlled substance, sale of a Schedule I substance and other various drug-related charges.

Drugs are a huge business in the United States, and those involved in the importing, manufacturing or selling of drugs can face serious criminal charges ranging from possession to drug trafficking. Law enforcement does not take these offenses lightly and are often conducting undercover raids to keep Florida’s streets drug free. Any time a large drug ring is busted, misdemeanor or felony charges can result depending on each individual’s level of involvement as well as the activities performed and the specific type of drug involved. Regardless of the charges you face, it is important to take these matters seriously and enlist the help of a criminal defense lawyer as soon as possible. You could be facing lengthy prison sentences and heavy fines.

Published on: September 3, 2013

Highlands County Criminal Defense Lawyer :: Lake Placid Man Accused of Selling Drugs for a Mexican Cartel

by Whittel & Melton, LLC

According to an affidavit released by the U.S. Attorney’s Office last month, an illegal immigrant who returned to Highlands County after being deported has now been charged with conspiracy to possess with intent to distribute 500 grams or more of a substance containing methamphetamine.

The Lake Placid man has been accused of helping a man and a woman sell thousands of pounds of methamphetamine that came from Mexican cartel drug dealers based in Atlanta.

The other man and woman allegedly involved also face charges of conspiracy to possess with intent to distribute 500 grams or more of a substance containing methamphetamine.

The trio was arrested after members of a federal drug task force apparently received information from the Hardee County Sheriff’s Office that the Lake Placid man was involved in trafficking methamphetamine.

Agents visited the man’s Lake Placid home where the man apparently admitted he had previously been deported from the United States.

The man allegedly told agents that he was deported in 2010, but paid $2,000 to be smuggled back into the U.S. According to the arrest affidavit, the man started selling methamphetamine in 2002, but stopped after eight months.

The man allegedly told agents he recently started selling methamphetamine again and bought three ounces of methamphetamine from the other man arrested. He then sold the methamphetamine for $1,200, the affidavit said.

Agents had the Lake Placid man order 5 pounds of methamphetamine for $50,000 from the other man while they were present.

Once the man showed up to meet the Lake Placid man, both were arrested.
Police searched the man’s home and apparently found more methamphetamine.

According to the affidavit, the man said Mexican cartel members in Atlanta paid him $2,500 per week to traffic drugs.

The two men allegedly worked together to traffic the methamphetamine that was delivered. During the past two months, the two men claimed they received more than 11 kilos of methamphetamine from Atlanta.

Being convicted of drug possession with the intent to sell or distribute in Highlands County can result in serious penalties, including heavy fines, prison time and even the suspension or revocation of your driver’s license. The punishments that accompany a possession for sale charge are normally much tougher than a simple drug possession offense. Law enforcement officers will usually look for large quantities of the drug in question to increase the charges against the offender.

Published on: August 19, 2013

Federal Grand Jury to decide whether to charge DeSoto County Jail staff in connection to Internal Affairs Probe on claims of Inmate Abuse

by Whittel & Melton, LLC

A federal grand jury is convening this week to decide whether public corruption charges should brought against a DeSoto County jailer who allegedly told internal affairs investigators he did not report a colleague for abusing a former inmate because he is not a “snitch.”

News reports claim that a massive internal affairs report released this week — the department’s response to the allegations of abuse–show a pattern of orchestrated beatings while the prisoner was being held on a Domestic Violence Injunction.

Internal affairs investigators confirmed what the inmate claimed since his release: that he was battered by a jailer several times, while other staff watched and took no action to stop the abuse.

The inmate claims that on one occasion, DeSoto deputies slammed his head into a concrete wall, punching him in the face and chest and choking him nearly unconscious. Reports claim that the jail staff ignored very visible injuries — much of the inmate’s face and head were purple with bruising — telling colleagues the injuries were self-inflicted.

The IA investigation revealed that the jail commander failed to report the inmate abuse to the department’s chain of command, and to have countermanded a nurse’s directive ordering the inmate to be taken to the hospital, delaying medical care. Charges of conduct unbecoming a deputy and neglect of duty were sustained. He resigned during the investigation late last month, stating in a one-sentence resignation letter he wished to “return to retirement.”

Published on: August 17, 2013

Jupiter man arrested on claims he tried to extort $25,000 from attorney

by Whittel & Melton, LLC

News reports are claiming that Stuart Police Department arrested a Jupiter man on charges that he tried to extort $25,000 from his attorney. He is being held in Martin County Jail.

The man, Michael Stuart Pomerantz, was arrested at the attorney’s office Friday, according to law enforcement.

The police spokesperson said that the attorney came to an agreement 2009 with Pomerantz and another person to buy property. Eventually, Pomerantz and the second person filed a lawsuit against the attorney, which resolved through the mediation process.

However in June of this year, Pomerantz allegedly told the attorney he would pursue criminal charges and alert the Florida Bar to the actions alleged in the 2009 lawsuit — unless the attorney agreed to give him $25,000.

Detectives conducted several controlled calls between the attorney and Pomerantz. In one, Pomerantz agreed to come to the attorney’s office on this past Friday to receive the money.

Audio and video surveillance equipment were set up to take the Friday meeting and it recorded Pomerantz allegedly telling the attorney: “You paid your debt. You owed me the money. We are even. You have my word.” Stuart Detectives arrested Pomerantz inside the attorney’s office.

Extortion, also known as blackmail, describes a threat made in order to take another person’s money or property, or to compel another person to act or not act. Extortion is a second degree felony in Florida. A conviction can result in term of imprisonment for up to fifteen years, a fine in an amount up to $10,000, or both.

Published on: August 16, 2013

Monroe County Man Wanted charged with Credit Card Fraud arrested while fleeing the Florida Keys to Russia

by Whittel & Melton, LLC

Florida Keys resident Alex Bogomolny had an outstanding $1.5 million arrest warrant based on allegations that he conducted multiple counts of fraud, specifically, trafficking in counterfeit credit cards and identity theft.

According to reports, he was picked up by the Monroe County Sherriff’s Office Tuesday as he was trying to catch a flight to Russia.

That day, the sheriff’s office received word that Bogomolny had flown out of Key West to New York but had missed his connecting flight to Russia. He was waiting in the John F. Kennedy airport for another flight, when he was apprehended.

Working with Immigration and Customs Enforcement agents, the Monroe County Sheriff’s Office alerted ICE agents that he was trying to flee the country. ICE agents found Bogomolny at the JFK and took him into custody.

Bogomolny will be returned to Monroe County to face charges.

Bogomolny’s scheme was discovered when he was picked up for allegedly stealing a bicycle in Big Pine Key. When his personal belongings were collected when he was questions, Officers found over two dozen credit cards with different people’s names on them. Bogomolny was unable to give a good explanation for his possession of so many cards, which prompted law enforcement fo start an investigation. During this investigation, investigators found that he was opening up credit accounts under other people’s names, according to the sheriff’s office, prompting the arrest warrant.

Published on: August 15, 2013

Palm Beach Federal Drug Crimes Defendants may be subject to more lenient sentences by U.S. Attorney’s Office

by Whittel & Melton, LLC

Arguing that the federal criminal justice system is in “too many ways broken,” Attorney General Eric Holder spoke Monday to the American Bar Association about reforming the Government’s approach to the war on drugs. His focus is on shorter prison sentences for nonviolent criminals, more programs to treat those convicted of low-level drug-related crimes and reductions in the number of crimes that carry “mandatory minimum sentences.”

Minimum-mandatory sentences, commonly called, “min-mans” are statutorily imposed sentences for certain crimes, taking into consideration the type of crime and the criminal history of the accused. Min-mans were created by Congress as a way to level the playing field among criminals across the county–the goal was for a criminal in Florida to be treated the same way as say, a man charged with the identical crime and with the same criminal history as a man in Boise, Idaho. The hope was that a uniform sentencing system would deter crime, but statistics show quite the opposite.

Unfortunately, the sentencing structure had unforeseen consequences on the system as a whole.

One of the greatest criticisms of min-mans is that crack cocaine offenses were treated more harshly than cocaine-related charges, and the result was disparate treatment of Blacks in the system since they were more likely to use crack, and not its similar, but more expensive counterpart, powder cocaine. The Fair Sentencing Act has remedied some of these disparities, however, there is still an 18-to-1 disparity in sentences for crack and powder cocaine offenses. For example, a person only needs to be caught with 28 grams of crack before triggering a mandatory five-year minimum sentence. But the person with powder cocaine can have a much larger amount — at least 500 grams — to be subject to the mandatory sentence.

Min-mans also take sentencing discretion away from the judiciary. In certain circumstances, the min-man may not be the just sentence for a particular offender, but the minimums force Judges to either apply the min-man or be subject to reversal in appellate court.

Holder has directed DOJ attorneys and AUSAs to “modify the Justice Department’s charging policies” so that low-level, non-violent offenders “will no longer be charged with offenses that impose draconian mandatory minimum sentences.”

Published on: August 9, 2013

Putnam County Criminal Defense Lawyer :: Two Arrested for Animal Cruelty in Welaka

by Whittel & Melton, LLC

Police have arrested two people in Welaka and charged them both with animal cruelty.

The Putnam County Sheriff’s Office received information regarding a possibly malnourished dog in the 100 block of Beecher Springs Road on Monday, July 22, 2013.

A further investigation revealed a deceased dog lying near a trash collection site along with four puppies, one of which was also dead. A witness at the site collected the three remaining puppies, and took them home to care for them.

Police conducted a search and found that the pit bull / hound mix and her puppies may have been neglected and/or abused as they were severely emaciated.

A female suspect was located and arrested and booked into the Putnam County Jail on 5 counts of Animal Cruelty. Her bail was set at $5,020.00.

During questioning, the woman apparently told police that her boyfriend dumped the dead dog and her puppies on the side of the road. A warrant was issued for the man’s arrest, but police could not track him down.

The man was located hiding out in the Welaka area on Monday, July 29, 2013. He was arrested and transported to the Putnam County Jail where he was booked on two counts of Causing Cruel Death by Pain and Suffering to an Animal and three counts of Abandonment of an Animal. His bond was set at $4,520.00.

Only one of the puppies survived and is currently being cared for by a new family.

If you are facing an animal cruelty charge in Putnam County, you need to seek legal help from a criminal defense attorney qualified to handle your particular legal matter as soon as possible. In the state of Florida, animal cruelty charges can vary from a civil infraction all the way up to a serious felony. Should you be facing charges of cruelty or neglect to more than one animal or a group of animals, the number of charges against you can be increased and the financial impact of fines can be intensified.