Florida Criminal Attorney Blog

Published on: August 7, 2013

Highlands County Criminal Defense Attorney :: Sebring Woman Charged with Assaulting Another Woman

by Whittel & Melton, LLC

A Sebring woman was arrested for assaulting another woman that apparently lives at the same home on Monday.

On Aug. 3 police with the Highlands County Sheriff’s Office arrested a 30-year-old woman and charged her with battery and one count of burglary of an unoccupied conveyance and two counts of attempted burglary of an unoccupied conveyance.

Deputies arrested the woman after the alleged victim claims she came onto her yard uninvited and “began yelling she lived there,” according to reports.

When the alleged victim did not respond, the woman apparently began punching her numerous times on her head and face with a closed fist.

The alleged victim claims the woman tackled her to the ground and tried to fight her. She eventually escaped and ran into her house and called 911, the report said.

The woman was allegedly spotted trying to get into several vehicles, according to witnesses.

According to the arrest report, the woman appeared to be under the influence of drugs or alcohol.

The circumstances surrounding an arrest for assault or battery can be quite confusing, as this case demonstrates. It is important to understand that assault and battery are actually two separate offenses, but they are often linked together in cases involving violence. Assault is defined as attempted violence against another person or threatening to use violence against them, whereas battery is actually hitting, striking or making unwanted physical contact with someone else. Both assault and battery charges carry serious consequences in the state of Florida if you are convicted of either of these crimes, including:

• Jail or Prison Time
• Steep Fines
• Probation/Parole
• Anger Management Classes
• Revocation of Your Driver’s License
In addition to the above penalties, a conviction for assault or battery count as strikes under Florida’s Three Strikes Law. This means that if you are convicted, your sentencing can be quite harsh if you have previously been convicted of a similar crime or are on probation or parole at the time the offense was committed. With that said, if you have been charged with assault or battery in Sebring or the surrounding area, you should contact a Highlands County Criminal Defense Lawyer at Whittel & Melton so that you can make sure your rights and best interests are protected.

Published on: August 6, 2013

Manatee County Criminal Defense Attorney :: Port Manatee’s Former Chief Financial Officer Charged with 15 Felonies

by Whittel & Melton, LLC

Port Manatee’s former chief financial officer was arrested last month and charged with 15 felonies, including dealing in stolen property, defrauding a pawnbroker and being an accessory to crimes allegedly committed by his son.

The 61-year-old turned himself in to the Manatee County Jail and was booked on the 15 charges.

He was fired last month from his $149,000-a-year job at the port due to his alleged involvement in thefts that were apparently committed by his 24-year-old son.

His son is facing multiple counts of burglary, theft and defrauding a pawnbroker. He has been accused of taking power tools, an air conditioner and other property from the port and pawning it. He is currently being held at the Manatee County Jail.

Police claim that the former CFO bought back some of the property from pawnbrokers and returned it to the port without notifying authorities it was stolen in the first place.

The man apparently told officials his son has a drug problem.

The Manatee County Sheriff’s Office investigated the crimes. Court documents show that the 61-year-old allegedly bought a laser measure, a GPS unit, an air conditioner, a projector, a camcorder and other electronics back from several pawnshops and returned the products to the port, even though he knew they were stolen.

He is accused of helping his son conceal his alleged crimes, the accessory-after-the-fact charge.

Published on: August 2, 2013

Seminole County Criminal Defense Lawyer :: 11 Arrested in Altamonte Springs Drug Crackdown

by Whittel & Melton, LLC

The Altamonte Springs Police Department netted 11 arrests after conducting a three week undercover drug bust at the Remington Inn and Suites.

Detectives claim that multiple, large scale drug purchases were made from various suspects at hotel’s location over the course of the sting operation.

Police arrested 11 different people between Friday and Tuesday, and they expect additional arrests to be made within the next few days.

A 33-year-old man was charged with trafficking opiates, the sale of marijuana, possession of a weapon by a convicted felon, possession of cocaine with intent to sell, possession of marijuana with intent to sell, possession of paraphernalia, possession of a controlled substance without a prescription and violation of probation.

Another man, 28, was charged with the sale of cocaine, possession of a controlled substance without a prescription, possession of cocaine, possession of marijuana, possession of paraphernalia and possession of a weapon by a convicted felon.

A 29-year-old man was charged with the sale of marijuana, possession of marijuana with intent to sell, possession of marijuana under 20 grams and possession of paraphernalia.

A woman, 27, was charged with the sale of marijuana, possession of marijuana and possession of paraphernalia.

A 44-year-old man was charged with possession of cocaine and possession of paraphernalia.

A 52-year-old woman was charged with possession of cocaine and possession of paraphernalia.

A man, 49, was charged with the sale of marijuana and possession of paraphernalia.

A 25-year-old man was charged with the sale of marijuana.

A man, 39, was charged with the sale of crack cocaine.

An 18-year-old was charged with the sale of marijuana.

A 21-year-old male was charged with the sale of barbiturate or Xanax.

If you believe you are under investigation for a drug crime, or if you have already been formally charged, it is vital to the success of your case to seek representation from a criminal defense lawyer right away. A criminal defense attorney can be a huge help during the investigation phase of your criminal matter, so it is best to protect your rights and act fast. By hiring an attorney early on in your arrest, you may be able to have the charges against you reduced or dismissed entirely. A Seminole County Criminal Defense Attorney at Whittel & Melton can provide you with an aggressive defense for the following drug offenses:

• Cultivation
• Distribution
• Importation
• Juvenile Drug Crimes
• Manufacturing
• Possession
• Possession for Sale
• Sale or Distribution
• Trafficking
• Transportation

Published on: July 31, 2013

Levy County Criminal Defense Lawyer :: Inglis Man Arrested for Attempted Murder and Arson

by Whittel & Melton, LLC

The Levy County Sheriff’s Office recently arrested a 58-year-old Inglis man for attempted first-degree murder and arson after he allegedly tried to set his girlfriend on fire and ultimately burned his house down.

Deputies responded to the Inglis home after receiving a phone call from the man’s girlfriend. She claims the man came home from the bar intoxicated and they began to argue in the living room of the home.

At some point, deputies believe the man poured rubbing alcohol on the woman and the floor next to her and attempted to set both on fire with a lighter. However, the man could not ignite the woman or the floor.

According to reports, the man proceeded to enter the bedroom and destroy it. He allegedly ignited the mattress and fled the house, locking the door behind him so his girlfriend could not escape. She apparently hid in the bathroom.

The girlfriend eventually freed herself from the home by removing the key the man left inside the lock.

The home was not able to be saved by fire personnel and was written off as a complete loss.

Police located the man on the property and took him into custody. He was taken to the Levy County Detention Center with bail set at $2 million.

The State of Florida views attempted murder charges the same way as a murder case – quite seriously. Judges and prosecutors consider it irrelevant that the alleged victim survived the incident, and feel that attempting to commit a crime is still a crime that should carry serious consequences. The penalties associated with any violent crime, such as attempted murder, are quite severe. Whether you have been charged with attempted first-degree murder or attempted second-degree murder, a Levy County Criminal Defense Attorney at Whittel & Melton can help you through this difficult time.

Published on: July 29, 2013

Martin County Criminal Defense Attorney :: Two Stuart Men Arrested for Operating a Suspected Drug Operation Out of Their Home

by Whittel & Melton, LLC

Deputies with the Martin County Sheriff’s Office arrested two men suspected of running a drug operation out of their home in Stuart last week.

The two men, 40 and 49, are currently being held at the Martin County Jail.

The Martin County Sheriff’s SWAT Team, TAC Team and Special Investigations Division served a warrant on the Stuart home on SE Amherst Street in the Golden Gate neighborhood on July 21. According to reports, authorities apparently discovered drugs, guns and thousands of dollars in cash.

One man was charged with two counts of possession of a controlled substance with intent to sell, manufacture, deliver or use and one count of possession of cocaine with intent to sell within 100 feet of a park or daycare.

The other man was charged with possession of a firearm by a convicted felon, possession of a controlled substance and possession of drug paraphernalia.

Drug charges can range from relatively minor offenses all the way to very serious federal offenses. While drug crimes can vary in severity, they all have one thing in common – these charges can negatively impact your life forever. As former prosecutors, our Martin County Criminal Defense Lawyers at Whittel & Melton have witnessed firsthand just how a drug crime conviction can damage a person’s life. A conviction for a drug crime can result in imprisonment, heavy fines, suspension of your driver’s license, difficulties finding employment, probation, mandatory rehabilitation and ruined financial opportunities in the future all because of a mark on your criminal record.

Whether you are facing drug charges related to marijuana, cocaine, prescription drugs or meth, these charges can have a devastating impact on your freedom, future and career. If you or someone you love has been charged with a drug crime in Stuart, Palm City or Jensen Beach, it is extremely important to consult with a Martin County Criminal Defense Attorney at Whittel & Melton in order to avoid any impending damage to your future.

We can carefully examine your case and review any evidence against you to find useful information that can be used to pressure the prosecution into reducing the charges against you or dismissing them entirely. If law enforcement failed to follow proper protocol, this can also be used as leverage during negotiations and at trial.

Published on: July 26, 2013

Monroe County Homicide Defense Attorney :: Man Accused of Beating Man to Death Over a Beer in Keys Could Face a Murder Charge

by Whittel & Melton, LLC

A 42-year-old Stock Island man accused of beating a 45-year-old Keys man following a disagreement about buying beer could face a murder charge.

The victim was taken to Ryder Trauma Center in Miami for his injuries from the July 7 beating where he recently passed away.

According to the Monroe County Sheriff’s Office, the man was beaten and kicked in the head all over $10 for beer.

The 42-year-old man accused of beating the victim was charged with aggravated battery. But, Chief Assistant State Attorney Manny Madruga claims that once the autopsy reports come in the man’s charge could be increased to homicide.

The accused apparently told detectives he gave a woman $10 to buy him beer from a convenience store, but she returned empty handed. He asked for his money back, but the woman allegedly ran over to the now deceased man, who was on a bicycle, and the two men started fighting.

Witnesses told police the 42-year-old man kicked the other man in the face before running away.

Deputies found the man a short time later hiding beneath a building in a condominium complex.

The man is currently being held at the Monroe County Detention Center with no bond.

Homicide or murder is defined in the state of Florida as the unlawful killing of a human being. The state of Florida classifies homicide as a capital offense. With that said, any one facing murder or homicide charges faces a tough road ahead. These charges are quite serious and require an aggressive defense starting from the very beginning of the case. It is vital to have experienced legal counsel on your side so that you can obtain the best possible outcome for your situation. These cases usually capture the attention of the media and therefore spur much public debate. A Monroe County Criminal Defense Lawyer at Whittel & Melton can protect your rights through every stage of your case. We have the knowledge and resources needed to defend your homicide charges.

Published on: July 10, 2013

Polk County Criminal Defense Lawyer :: Bartow Man Arrested for Sexting 14-Year-Old Girl

by Whittel & Melton, LLC

A Bartow, Florida man was arrested last week after he was allegedly caught using his phone to solicit sex from a minor.

On July 3, the Polk County Sheriff’s Office began investigating a reported unlawful sexual act that allegedly took place between the accused and a 14-year-old female.
During the investigation, detectives with the Polk County Sheriff’s Office interviewed the teen girl and found that the accused apparently visited her home to engage in unlawful sexual intercourse. Police claim after investigating the situation further, they also uncovered nude photographs the man sent to the girl via text message, as well as text messages from the man asking the girl to send him naked photos of herself.

According to reports, one of the officers working on the case assumed the identity of the victim and began text messaging the accused. Through these messages, a meeting was arranged at the teen girl’s home.

Police took the man into custody once he arrived at the home. He is currently being held in Polk County Jail.

Sexting is a term used to describe any graphic sexual messages or nude or semi-nude pictures sent to someone via text message. While this is not classified as a crime between two consenting adults, when such messages involve a minor, felony sex crimes charges can result. The state of Florida considers it to be a very serious offense when an adult attempts to seduce or transmit lewd text messages or photos to a child. Similar to Internet sex crimes, common criminal charges that can result from sexting a minor include:

• Solicitation of a Minor
• Traveling to Meet a Minor
• Possession of Child Pornography
• Distribution of Child Pornography
• Transmission of Harmful Material to Minors

Published on: June 26, 2013

Florida Criminal Defense Lawyer :: Former UF Player and Patriots Tight End Aaron Hernandez Taken Into Custody

by Whittel & Melton, LLC

Former University of Florida football player and New England Patriots tight end Aaron Hernandez was taken from his home in handcuffs Wednesday morning.

His arrest comes more than a week after a Boston semi-pro football player was found dead in an industrial park a mile from Hernandez’s house.

Less than two hours following his arrest, the Patriots announced they had released the 23-year-old.

A 27-year-old semi-pro football player for the Boston Bandits was found dead on June 17. Officials ruled the death a homicide but have not mentioned how the man died.

Relatives of the deceased said he was dating the sister of Hernandez’s fiancée and that the two men were friends and were out together on the night the man was killed.

At this time it is unclear why Hernandez was taken into custody Wednesday before 9 a.m. from his North Attleborough home.

According to police, Hernandez was arrested on a state police warrant at about 8:45 a.m. and booked at the North Attleborough police station. State police refuse to discuss the case against Hernandez until it’s presented in Attleboro District Court later Wednesday.

At around 10:20 a.m., the Patriots announced they had released Hernandez.

The following statement was released by the Patriots:

“Words cannot express the disappointment we feel knowing that one of our players was arrested as a result of this investigation. We realize that law enforcement investigations into this matter are ongoing. We support their efforts and respect the process. At this time, we believe this transaction is simply the right thing to do.”

Published on: June 19, 2013

Jacksonville Drug Crimes Defense Lawyer :: 32 Arrested in St. Johns County Meth Lab Investigation

by Whittel & Melton, LLC

Last week, investigators with the St. Johns County Sheriff’s Office arrested 32 of 43 suspects over the course of two days on charges of conspiracy to produce methamphetamine and conspiracy to distribute methamphetamine after conducting an 18-month investigation into St. Johns County meth labs.

Police claim to have search warrants for 11 more people and believe there could be as many as 200 people involved in manufacturing and dealing meth.

For the last year and a half, detectives, as well as agents with the Drug Enforcement Administration and Florida Department of Law Enforcement, have been actively monitoring the activity of suspects believed to play a role in distributing and producing methamphetamine in what they called “Operation Ancient Brewers.”

Detectives said that they remain determined to deter any and all criminal activity associated with the drug, especially since methamphetamine labs have become increasingly common in the community.

According to reports, investigators were able to identify suspects that allegedly purchased large quantities of pseudoephedrine, a key ingredient in the production of methamphetamine, by reviewing pharmaceutical logs.

The two day sweep to locate and arrest suspects accused of manufacturing or distributing meth involved representatives from the Clay County Sheriff’s Office, Flagler County Sheriff’s Office, St. Augustine Police Department, St. Augustine Beach Police Department and St. Johns County Fire Rescue.

The above agencies assisted in identifying three potential meth labs at three separate locations in St. Johns County – the 5000 block of Avenue B, the 1400 block of San Juline Circle and the 2500 block of State Road A1A South.

According to the St. Johns County Sheriff’s Office, the meth epidemic is growing worse by the day in St. John’s County, extending across all races, ages and socioeconomic backgrounds.

Police described “Operation Ancient Brewers” as the county’s first preemptive strike at stopping the problem.

During a news conference after the sweep, deputies said they did not uncover any active meth labs or find any children inside any of the properties.

Investigators also mentioned that the state attorney’s office played a dynamic role in these cases.

While numerous arrests have been made, the investigation is reportedly ongoing.
In order to net these 32 arrests, police used the logs from local pharmacies to track individuals purchasing medications with pseudoephedrine. In 2006, a federal law was enacted as part of the Patriot Act requiring all pharmacies to place over-the-counter medications containing pseudoephedrine behind the counter. In order to purchase medications with pseudoephedrine, like various common cold and allergy pills, the law requires that people show identification and provide a signature.

Published on: June 12, 2013

Broward County Criminal Defense Lawyer :: Ex-Miramar Police Captain Sentenced to 4 Years for Ordering 15-Year-Old Girl to Expose Genitals

by Whittel & Melton, LLC

A 47-year-old former Miramar police captain convicted of lewd and lascivious conduct for forcing a teenage girl to strip naked in a car to prove she wasn’t having sex with her 19-year-old boyfriend was sentenced to four years in prison Friday.

A Broward Circuit Judge later set a $30,000 bond so that the ex-cop could be out of jail while his attorneys appealed his conviction. The man retired a month after his June 2012 arrest. He is ordered to remain under house arrest during his appeal, unable to get a job or leave his home. He is allowed no contact with minors, except for his own teenage stepchildren.

In addition to the prison sentence, the man has been ordered to serve five years of probation as a sex offender following his release.

The judge reprimanded the man before delivering the sentence, claiming he abused his authority as a police officer in order to gape at the exposed body of a 15-year-old girl.

A jury found the man guilty of one count of lewd and lascivious conduct last month.
The ex-police officer apparently approached the girl and her 19-year-old boyfriend as they were making out in a parked car at the Fountains of Miramar on Dykes Road on June 18, 2012. The girl and her boyfriend testified that the man told her to show her genitals and used a flashlight to gawk at her bare body. Broward jurors acquitted the man of another count that accused him of directing the girl to expose her breasts.

The man’s defense lawyers argued several key points, including that the incident took place in the middle of the afternoon, that it was never clear whether the accused was the officer involved and that the girl and her boyfriend invented the entire story to cover up their illegal relationship. The boyfriend received immunity from statutory rape charges in exchange for his testimony against the ex-officer.

Jurors sided with the couple’s account of the incident.

Family members and supporters of the former police captain gathered into the courtroom on Friday hoping the man would receive a lenient sentence. He faced a maximum of 15 years in prison.

The man’s appeal is pending.