Florida Criminal Attorney Blog

Published on: August 23, 2012

Tampa Mom Arrested for Allegedly Threatening to Blow up Day Care :: Whittel & Melton

by Whittel & Melton, LLC

A 27-year-old Tampa mother was arrested Wednesday night after she allegedly sent a text message to a local news reporter threatening to blow up a child care center.

The reporter contacted law enforcement officials after receiving the text.

Deputies searched the premises of the child care facility, but did not find anything out of the ordinary.

The woman was arrested and charged with threatening to discharge a destructive device around 8:40 p.m. Wednesday night.

Officials claim she admitted to sending the text and showed police her cellphone.

She was taken to jail and held on a $7,500 bond.

Due to general concerns regarding terrorism over the past few years, security has been heightened and bomb threats are viewed more seriously than ever. While most bomb threats do not actually involve a bomb, the threat itself is a criminal offense that is punished quite severely under Florida law. Many people are surprised to find that threatening to discharge a destructive device in the state of Florida is a felony, punishable by stiff fines and lengthy prison time.

If you have been arrested or charged with making a bomb threat, in order to best protect your rights, you must contact a criminal defense lawyer as soon as possible. Making a false bomb threat in Florida is considered illegal no matter how it is carried out, whether by mail, telephone, text message, e-mail, a written note or even through a social media post, such as Twitter or Facebook. Additionally, law enforcement officers and prosecutors tend to have little sympathy for those that make false bomb threats, even if they were simply joking. Despite the facts surrounding your arrest, the Florida Criminal Defense Attorneys at Whittel & Melton may be able to negotiate or litigate a positive outcome for your case. Our number one goal is to get your charge reduced to a lesser offense, or dismissed entirely so that a conviction does not leave a mark on your criminal record.

Published on: August 17, 2012

Pasco Sheriff’s Office and DEA Seize 100,000 Packages of Synthetic Marijuana from Holiday Laboratory :: Whittel & Melton

by Whittel & Melton, LLC

Holiday, Florida – Pasco deputies and federal agents raided a synthetic marijuana laboratory last month seizing 440 pounds of materials, including 100,000 packages of alleged synthetic pot.

The raid was conducted as part of a national investigation with the Drug Enforcement Administration focusing on the synthetic drug industry.

Pasco Sheriff Chris Nocco claims that the Holiday lab was shipping products throughout the country. He believes the business was purchasing drug components from China and then spraying them with chemicals before packaging them for sale.

According to police, a large amount of the components that make up synthetic marijuana are illegal, but makers of the drug have found a way around this issue by using alternative chemicals.

The Sheriff’s Office believes that the materials snatched in the raid are illegal ones. The chemicals are being tested, but no arrests have been made as of yet.

Synthetic marijuana has been on law enforcement’s radar for more than two years now, and while the chemical formula changes constantly, so does the law regarding the buying and selling of this drug commonly referred to as K2, Spice, Sunami or Scooby Snax. Currently, the delivery, manufacture, sale or possession of synthetic pot is a third-degree felony in the state of Florida. However, it is important to note that the possession of less than 2 grams of this drug is classified as a first-degree misdemeanor.

Florida Attorney General Pam Bondi along with Florida legislatures have worked aggressively since the drug first appeared on the mass market in 2009 to ban the numerous chemical components that make up synthetic marijuana. The DEA has joined in on the crackdown against synthetic pot, which has been available for purchase at gas stations and head shops throughout Florida. Why the ban? It seems the health risks associated with the chemicals found in fake pot pose a far greater health risk to users than originally thought. Some studies suggest that using synthetic marijuana can lead to acute psychosis, hallucinations, worsening of psychotic disorders and heart dysrhythmia.

Published on: August 8, 2012

Florida Airboat Captain Who Lost Hand to Gator Charged with Unlawful Feeding :: Whittel & Melton

by Whittel & Melton, LLC

A 63-year-old Florida airboat captain who lost his hand to a 9-foot alligator in June was recently charged with unlawfully feeding that same gator.

According to reports, the man was attacked in the Everglades while leading a boat tour for an Indiana family.

The family claims the man was holding a fish with his hand at the water’s surface when the gator attacked.

Following an investigation conducted by Florida Fish and Wildlife officers into whether the man provoked the attack, police arrested the man July 27.

The man was jailed and released after posting a $1,000 bond. He is scheduled to appear in court on Aug. 22.

Unfortunately, the man’s hand is gone forever. It was recovered from the stomach of the gator, but doctors were not able to reattach it.

While alligators are abundant in Florida, it is uncommon to hear of attacks by these animals. However, things can get dangerous anytime humans are in the presence of gators. Alligators are large, powerful, sometimes ill-tempered reptiles with lots of sharp teeth and strong jaws. Alligator bites have the potential to deliver devastating injuries and can even result in death. These bites can result in severe infections and the loss of limbs, so alligators should never be provoked.

Feeding an alligator is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. This man is not the only person who has been reprimanded by the law for allegedly provoking a gator recently. According to reports, six people were warned from Jan. 2011 to May 2012, and 13 were cited in Florida for feeding or luring an alligator. The State seems to be looking to make an example out of this man, so it will be interesting to see how this case plays out.

Published on: August 3, 2012

Two Indicted for Attempting to Sell Stolen Henri Matisse Painting to Undercover FBI Agents :: Whittel & Melton

by Whittel & Melton, LLC

A Miami resident and a Mexican national were indicted by a federal grand jury Tuesday for allegedly trying to sell a $3 million Henri Matisse painting to undercover FBI agents.

The duo is accused of attempting to sell Matisse’s “Odalisque in Red Pants” to undercover agents for $740,000 in a Miami Beach hotel room. They were arrested once the alleged deal was made on July 17.

According to reports, the painting was stolen from a museum in Venezuela in 2002 and swapped with a fake. One of the suspects apparently told police the theft had been an inside job.

The two were charged with transporting and possessing stolen property.

They are scheduled to appear for arraignment this week.

Possessing stolen property is viewed as a serious crime in Florida. While no news has surfaced whether the pair will be charged with the original theft of the painting, charges of dealing in stolen property can carry harsher punishments than any theft charge. Depending on the specific set of facts surrounding the case, dealing in stolen property can be charged as a first or second-degree felony. Second-degree felonies in Florida carry mandatory prison terms, and this duo could each face up to 10 years in prison if convicted of the crime.

Published on: July 30, 2012

Juror’s Facebook Comments Lead to Murder Case Mistrial :: Whittel & Melton

by Whittel & Melton, LLC

A Canadian judge declared a mistrial Wednesday morning in the first-degree murder trial of a man accused of killing his ex-girlfriend due to comments posted by one of the juror’s on a Facebook site.

The man’s family apparently visited some Facebook pages after the 12-person jury was selected and cross-referenced the names of the jurors with comments made on the sites.

They discovered that juror No. 12 was a member of a group that disliked the suspect and had posted comments on the site.

The family immediately alerted the Crown about the juror’s social media history.

The judge claims he had no choice but to declare a mistrial, seeing that the woman could have tainted the rest of the jury.

The misuse of social media outlets such as Twitter and Facebook by jurors during trials can lead to the overturning of court rulings, convictions and as this case shows, mistrials. Using social media sites has become an everyday task to many people, and continued use during a trial can be very tempting to jurors. With most people owning smartphones, it’s even easier now for jurors to violate the rules of banning them from chatting about the trial. It’s hard to control the use of smartphones as jurors are free to use these devices once outside the courtroom.

According to a Pew Research Center survey, nearly 66 percent of adult Internet users use social median platforms. The increasing popularity of sites like Facebook and Twitter make it extremely hard to regulate a juror’s conduct via social media sites during a trial. Social media use by jurors has become a more recent problem and attorneys and judges are wrestling with how to deal with the problem as well as how to stop it from happening in the future.

Florida is one of 20 states that explicitly instruct jurors to steer clear of newspaper and television reports on the case, as well as stay away from social media outlets like Twitter, Facebook, Google and e-mail. Jurors are expected to decide the outcome of a case based solely on the facts presented at trial. In fact, courts can hand out harsh punishments to jurors caught using social media sites during a trial. Recently, a Florida court held a juror in contempt and sentenced him to three days in jail after he apparently used Facebook to ‘friend’ a defendant in a personal injury case.

Published on: July 17, 2012

Federal Authorities Indict 31 People in Connection with Alleged Pasco Oxycodone Ring :: Whittel & Melton

by Whittel & Melton, LLC

New Port Richey, Florida – Last November, two men accused of running two prescription drug rings were arrested after a two-year investigation allegedly revealed the men and their suspected crews had shipped tens of thousands of oxycodone pills from Florida to Tennessee and Kentucky.

On Friday, U.S. Attorney Robert E. O’Neill announced the unsealing of two federal indictments charging 31 suspected crew members with conspiring to possess oxycodone with intent to distribute. If convicted, each suspect could face up to 20 years in prison.

As of Friday afternoon, nearly 20 of the suspects were in custody.

The case has been investigated by the Pasco County Sheriff’s Office and the Drug Enforcement Administration. Authorities claim many of the suspects are addicts.

The suspects indicted are accused of obtaining the pills by doctor shopping and paying others for their pills.

According to DEA agents, oxycodone can be bought in Florida on the street for $10, but in Tennessee and Kentucky the pills can sell for $25-$35 a pill.

The Sheriff’s Office apparently expects more arrests to be made.

Oxycodone crimes have become an increasing problem in Florida. Due to this, police have amped up their efforts to aggressively investigate those suspected of dealing in Oxycodone. Prosecutors take all Oxycodone offenses, including possession, trafficking and possession with intent to distribute quite seriously. In fact, the state of Florida has some of the toughest Oxycodone laws in the United States. It is a second-degree felony in Florida to sell, manufacture or deliver Oxycodone.

Oxycodone is a highly addictive painkiller, and its active ingredient is found in many prescription pain medications such as OxyContin and Roxicodone. Unfortunately, many people become addicted to Oxycodone after being prescribed the drug by a doctor following an accident or injury. After becoming addicted to these painkillers, addicts may facilitate their need for the drug by doctor shopping, forging prescriptions or finding alternative ways to acquire a large amount of pills. Because Oxycodone sells for a high amount on the streets, many people now sell the drug to support their own habit as well as to make a profit. These actions can result in severe state and federal charges carrying significant criminal consequences.

To give yourself the best chance at beating an Oxycodone charge, it is best to not admit any facts about your involvement with the drugs in question to police, prosecutors, court officials or friends and family members. There are many defense options available that may result in charges being dismissed or greatly reduced, so do not give up or plead guilty before fully exploring any and all possibilities. A plea agreement may also be available to you that can keep you out of prison and keep your record clean in exchange for drug rehabilitation, counseling or community service.

Published on: July 10, 2012

Two Homosassa Men Charged with Intent to Manufacture Meth :: Whittel & Melton

by Whittel & Melton, LLC

Two Citrus County men were arrested Tuesday after Citrus County Sheriff’s deputies claim they purchased items consistent with the manufacture of methamphetamine.

Deputies arrested the men after allegedly witnessing them purchase lye, Ephedrine, fertilizer and camping fuel, which are the components known to be used in what is called one-pot meth manufacturing.

The men were stopped by a deputy on patrol after allegedly running a red light.

A K-9 deputy was called to sniff the vehicle. Police apparently uncovered camping fuel, lye, fertilizer and a pill bottle with baggies inside that tested positive for cocaine residue.

Both men were allegedly read their rights, but agreed to speak to law enforcement.

According to police, both men apparently admitted that they had not manufactured any methamphetamine, but intended to. Police claim one of the men told them he had recently lost his job and could not pay his electric bill, so the meth cook was a last-ditch effort to make some money.

After searching one of the men’s home, law enforcement officers allegedly uncovered chemicals and other paraphernalia including two syringes, a spoon and devices used to smoke spice, several marijuana seeds and trace amounts of marijuana.

Both men were arrested and transported to the Citrus County jail.

One of the men was charged with intent to manufacture meth, petit theft, possession of less than 20 grams of marijuana and possession of drug paraphernalia and listed chemicals intended to manufacture a controlled substance.

The other man was charged with intent to manufacture meth and possession of drug paraphernalia and listed chemicals intended to manufacture a controlled substance.

Both of their bonds were set at $151,250.

Methamphetamine, also called meth, speed or ice has become increasingly popular due to the fact that it is relatively easy to manufacture at homes or backyard meth labs using chemicals that are readily available and perfectly legal to buy. Since the chemicals and components to manufacture this drug are affordable and easy to come by, police have increased their efforts to arrest those suspected of possessing, distributing or manufacturing meth.

Methamphetamine charges carry severe consequences. Possessing 14 or more grams of methamphetamines, or the chemicals used to make meth is classified as felony trafficking in Florida. The penalties associated with a conviction can range from a minimum mandatory sentence of 3 years in prison and a $50,000 fine to 15 years behind bars and a $250,000 fine. There are numerous other factors that could increase the consequences related to a methamphetamine case, including the proximity to school property or other locations, the presence of firearms, past criminal convictions, and whether you face state or federal charges.

Because shutting down meth manufacturing operations has been the focus of law enforcement officers throughout the state of Florida in recent years, police may try and perform illegal searches in order to prosecute these crimes. The Florida Drug Crimes Defense Lawyers at Whittel & Melton can protect your rights and make sure that law enforcement officials followed the strict state and federal laws for collecting evidence in a meth raid. Drug crimes are incredibly complex in the state of Florida, so it is absolutely vital to have a criminal defense lawyer in your corner. At Whittel & Melton, we can guide you through this difficult experience and work with prosecutors to possibly have the charges against you reduced.

Published on: July 3, 2012

Gainesville Man Arrested for Carjacking :: Whittel & Melton

by Whittel & Melton, LLC

An 18-year-old Gainesville man was arrested early Saturday morning on charges related to carjacking.

The man is accused of battering a friend with whom he had allegedly been doing drugs and then stealing the friend’s car.

Later, a motorcyclist apparently spotted the man on top of a car that was moving on I-75. The motorcyclist, reportedly about 70 years old, stopped to help the man.

The accused allegedly told the man he needed his motorcycle to get away from his father, whom he feared was going to kill him.

According to the arrest report, the man pushed the motorcyclist off of his bike and began beating him, but was not able to take the motorcycle.

The report indicates the man abandoned the car he allegedly had stolen but was found a short time later.

Police claim the man told them he had used mushrooms and drug known as spice.

Florida law defines carjacking as the forceful taking of a car from a person in their presence. Carjacking is classified as first-degree felony carrying consequences of up to 30 years in state prison. Due to the fact that this crime involves the use of threats, force and possibly weapons it carries stricter penalties than a grand theft auto charge. Carjacking is actually considered a form of robbery, which is why being arrested for this crime is a grim issue. Prosecutors are zealous about pursuing convictions and lengthy prison sentences for crimes of violence, so it is vital to retain a Florida Criminal Defense Lawyer right away to provide an aggressive defense for your case.

With your future and freedom on the line, it is essential to perform a thorough investigation into the charges against you in a timely manner in order to mount the most effective defense. The Florida Criminal Defense Lawyers at Whittel & Melton will do whatever it takes to make sure your rights are protected. We believe in the presumption of innocence and can provide you with the strong defense you deserve.

It is important to exercise your rights and refrain from answering any police questions before retaining a criminal defense attorney. Many individuals accused of crimes succumb to police pressure and make incriminating statements they later regret. Regardless of the circumstances you are facing, the Florida Criminal Defense Lawyers at Whittel & Melton can manage the situation and seek out any possible defense strategy to fight and avoid the severe penalties associated with a carjacking charge.

Published on: June 29, 2012

Port Charlotte Man Arrested for Posting Bomb Threat on Facebook :: Whittel & Melton

by Whittel & Melton, LLC

The Charlotte County Sheriff’s office arrested a 29-year-old Port Charlotte man Wednesday after he allegedly sent a comment to his “friends” alerting them of a bomb at Town Center Mall.

One of the man’s “friends” called CCSO immediately. Deputies and Charlotte County Fire/EMS went to the mall and began evacuating employees and shoppers right away.

Detectives went to the man’s home and advised him they were informed about his comment on Facebook mentioning a bomb in the mall. The man allegedly denied posting the comment and said he was not currently using his Facebook account.

The man apparently allowed detectives into his home. Detectives claim they found the man’s computer on with Facebook running and could see the man’s post about the bomb on the screen.

Detectives told the man they needed to know where the bomb was in order to protect people from injury. The man allegedly told detectives there was no bomb and that he posted the comment because he was suffering from stress and depression since he could not find a job.

The man was arrested for felony False Bomb Threat. He was taken to the Charlotte County Jail with bail set at $5,000. Mall management and security were notified of the facts and allowed employees and shoppers back in the mall just before 1 p.m.

The state of Florida takes bomb threats and false statements regarding explosive devices quite seriously. Knowingly making a false bomb threat is classified as a felony in Florida. A conviction can carry a lengthy prison sentence and hefty fines. However, being arrested or charged with this crime does not mean your case is hopeless. The Florida Criminal Defense Lawyers at Whittel & Melton can provide you with the aggressive legal representation needed to negotiate and defend these charges in order to receive a positive resolution.

If you are charged with making a bomb threat, it is essential to speak with a criminal defense lawyer as soon as possible. The Florida Criminal Defense Lawyers at Whittel & Melton can assist you with telling your side of the story. We can explore the facts surrounding your arrest and examine whether your Miranda Rights were read to you, whether the police conducted any illegal search and seizure and whether any of your rights were violated during questioning. By thoroughly investigating the circumstances and facts surrounding your case, we may be able to get your charges reduced or dismissed.

Published on: June 25, 2012

Largo, Florida Man Accused of Bringing Baby to Pinellas Drug Deal :: Whittel & Melton

by Whittel & Melton, LLC

A 31-year-old Largo man was arrested Friday night after he allegedly brought his 8-month-old son with him to buy drugs.

Police caught up with the man after his wife was pulled over for driving fast and erratically in Clearwater. She was apparently rushing to get to a home where she believed her husband had gone to buy drugs with their son in tow.

Police followed the woman’s directions and allegedly found the man’s car parked outside the
home with the child locked in the back seat.

Police claim the man was inside the home trying to buy crack.

Clearwater Fire Rescue was called to check on the child, who turned out to be fine and was returned to his mother.

The man was taken to jail and charged with child abuse. According to reports, he was wanted by the Pinellas County Sheriff’s Office on a domestic battery charge.

Child abuse is defined as any act that physically, sexually or emotionally injures or harms a child. Following allegations of child abuse, it is in your best interests to not speak about the charges with family members or law enforcement, as doing so can only make your situation worse. Crimes involving children carry severe punishments and often those charged with these crimes are presumed guilty by police, prosecutors and members of the community. Due to these speculations of guilt, child abuse charges must be defended from as early on as possible. Time is of the essence.

A child abuse conviction can result in lifelong consequences, including jail or prison time and the possibility of losing your parental rights. Pleading guilty to child abuse or being convicted of this criminal offense does not necessarily call for mandatory time behind bars. However, factors such as the circumstances leading up to the charge, severity of injuries, criminal history and probation or parole status can have some bearing on mandatory minimums and even lead to increased maximum sentences.

The crime of child abuse is one of the most emotionally fueled offenses within the Florida Court System. The Florida Criminal Defense Lawyers at Whittel & Melton can use these emotional factors to build an effective and powerful defense on your behalf. We will investigate every facet of the charges and mount a defense based on protecting your rights and keeping you out of jail. Our number one priority is to help you minimize the consequences associated with a child injury crime. We know that child abuse charges can place you and your family in a tough situation, which is why we stand ready to help you in any way we can.