Florida Criminal Attorney Blog

Published on: March 26, 2012

Florida Business Fraud Defense Attorneys Whittel & Melton :: Collier County Deputy’s Wife Sentenced to Eight Years for Embezzling $250,000

by Whittel & Melton, LLC

A Collier County judge sentenced a 52-year-old woman and wife of a Collier County sheriff’s deputy to eight years in prison Friday for embezzling more than $250,000 from a former employer.

The woman was the office manager for a Naples company where she apparently wrote 211 fraudulent checks from the business’ account between 2005 and 2009.

Her husband received 31 of those checks and claims he knew nothing about what she was doing.

The State Attorney’s Office and the Collier County Sheriff’s Office economic crimes bureau joint investigation did not reveal any evidence to suggest the man had any dealings with his wife’s apparent scheme.

He has not been charged with any crime.

In addition to prison time, the woman was sentenced to 22 years’ probation. She must pay back the full $256,746 that she stole from her former boss. Currently, she has not paid back anything.

The judge claims he was forced to impose the eight-year sentence, the maximum under a January plea agreement, because the woman failed to pay back enough of what is owed to the business owner.

The judge said he may reconsider reducing her prison term if her family can pay back a good portion of what is owed within the next 60 days.

Embezzlement charges often result when there appears to be a misappropriation of funds by someone who has access to the company’s money including bookkeepers, accountants, treasurers or any other employee with the ability to write checks, make withdrawals and make payments with company funds. Many people find themselves slapped with business fraud charges because of questionable financial transactions made when in a position of trust at a business. Whether intentional or unintentional, embezzlement can occur in a variety of ways:

• Writing Fraudulent Checks to Others
• Pocketing Portions of Cash Deposits
• Fraudulent Use of a Company Credit Card
• Transferring Money from a Business Account to a Personal Account
• Appropriating Business Funds for Personal Use
Embezzlement is classified as a theft crime. Commonly referred to as “employee theft” or “employee fraud,” embezzlement charges are often pursued by the federal government. Due to the federal government’s inexhaustible resources to thoroughly investigate embezzlement accusations, early intervention by a criminal defense lawyer is essential in order to avoid a criminal conviction. Although embezzlement is classified as a theft crime, it differs from other theft offenses due to the relationship of trust that exists between an employer and an employee. Because of this, employee theft is generally prosecuted quite aggressively.

The Florida Business Fraud Defense Attorneys at Whittel & Melton may be able to help you avoid the penalties and prison sentences associated with embezzlement charges by crafting together a solid defense strategy. The employer does have the option of waiving prosecution if restitution is paid early in the investigation process and if other necessary steps are conducted in a timely manner. Sometimes an out of court settlement or repayment plan can be the best resolution for all parties involved. At Whittel & Melton, we are dedicated to helping those facing embezzlement accusations or charges throughout Florida.

Published on: March 23, 2012

Clearwater Grand Theft Auto Attorneys Whittel & Melton :: Teen Accused of Stealing Dodge Charger from Dealership

by Whittel & Melton, LLC

A 19-year-old Largo, Florida man was charged with grand theft after allegedly stealing a 2012 Dodge Charger from a local dealership.

The man apparently entered the dealership Tuesday and test drove the vehicle. Later, police claim the man returned and stole the car from the dealership lot.

The man allegedly removed the spare key from the key ring after test driving the vehicle and returned to the lot after the dealership closed for the day.

On Wednesday, the dealership received a tip that one of its cars had been stolen. Clearwater police were contacted after a review of their inventory revealed a missing Charger.

Officers arrested the man at his home and transported him to the Pinellas County Jail. The stolen car was allegedly sitting outside his home. His bond was set at $5,000.

Florida courts tend to take grand theft charges quite seriously. In order for a grand theft charge in the state of Florida to be made, the following conditions must be met:

• Value of the stolen property exceeds $300
• The property must be taken without the owner’s knowledge or consent
• The accused must have no intent to return the stolen property
When a person steals a motor vehicle, Florida classifies this as a felony sometimes charged as grand theft or grand theft auto. The consequences associated with any grand theft charge are usually severe. In order to receive a favorable outcome, it is important to consult with a criminal defense lawyer as soon as possible.

Grand theft auto is a third-degree felony, punishable by a maximum of five years in prison. Those accused of grand theft auto charges are subject to the three strikes law in Florida. Basically, the penalties associated with every arrest become harsher with every “strike.” Because of this, it is very important to contact the Florida Grand Theft Auto Attorneys at Whittel & Melton so that we can vigorously pursue an outcome that does not end in conviction. Receiving a conviction places you at risk for maximum penalties under the three strikes law.

Published on: March 22, 2012

Orlando Attempted Homicide Defense Lawyers Whittel & Melton :: Mother Accused of Strangling 11-Month-Old Daughter

by Whittel & Melton, LLC

A 21-year-old mother was placed under arrest after police claim she strangled her 11-month-old daughter six times at Florida Hospital South in Orlando, Florida.

The girl was apparently unresponsive, but was saved by hospital staff.

It was not clear why the mother and daughter were at the hospital.

The woman was charged with six counts of attempted homicide and is currently being held without bond at the Orange County Jail.

This case is still in the investigation phases and the charges against the woman could change. When facing attempted homicide charges, it is essential to seek the advice and counsel of a Florida Criminal Defense Attorney. It is never in your best interest to take criminal matters into your own hands, as the legal process is not always favorable towards unrepresented defendants. The Florida Criminal Defense Lawyers at Whittel & Melton can discuss the facts of your case with you and further develop any relevant defenses or justifications to attain the best possible outcome regarding your criminal matter.

The crime of attempted murder is considered one of the most heinous crimes a person can commit against another individual. Being accused of attempted homicide can cause the public and members of the jury to view your character as unsympathetic. An experienced criminal defense attorney can gather appropriate evidence, interview witnesses, ensure you are treated justly and do whatever it takes to make sure your side of the story is heard.

While the details of this case are still unraveling, prosecutors and judges tend to view the fact that a victim survived as irrelevant. These cases are prosecuted aggressively, which is why it is so important to combat these serious charges early on with a vigorous defense strategy.
Attempted homicide charges can vary in degree, depending upon premeditation or planning and the severity of the crime. For someone to be convicted of attempted homicide, or attempted murder, the prosecution must show that the accused took action towards committing murder as well as the intent behind it. Because of this, it can be argued that attempted murder is more difficult to prosecute than murder. Regardless of how challenging it may be for the prosecution to prove, it is in your best interest to contact the Florida Criminal Defense Lawyers at Whittel & Melton immediately if you or someone you know has been charged with attempted homicide.

Published on: March 20, 2012

St. Petersburg Criminal Defense Lawyers Whittel & Melton :: Woman Accused of Attempting to Burn Down Boyfriend’s Apartment

by Whittel & Melton, LLC

A 49-year-old St. Petersburg woman was arrested Monday morning for allegedly attempting to torch her boyfriend’s apartment while his sister was inside.

The woman was charged with arson, possession of cocaine and possession of drug paraphernalia.

St. Petersburg police claim the woman and her boyfriend got into a domestic dispute early in the night, which prompted the woman to go over to the man’s apartment.

The man’s sister apparently saw the woman knocking on the door through the window, but did not let the woman inside.

According to reports, around 3:50 a.m. the woman allegedly hauled a grill to the front door and placed “combustible” items like a pillow, paper, wood and a floor mat on the grill outside the door and proceeded to set the items on fire.

The woman allegedly dragged a plastic garbage can filled with trash to another door at the rear entrance of the apartment and set that on fire as well.

Police were called to extinguish the fires. No one was injured in the fire, nor was the apartment seriously damaged.

Police did not say if the boyfriend was actually inside the apartment.

The woman was taken to the Pinellas County jail with bail set at $52,150.

Residential fires can start for a variety of reasons, but when law enforcement believes a fire was intentionally set, the accused can be charged with arson. To be charged with arson, no person needs to be home or present in the area. In the state of Florida, arson may be classified as a first-degree or second-degree felony, punishable by up to 15 or 30 years in prison. There are many factors that determine the level of the charge. The prior criminal record of the accused, the circumstances of the particular case and the damage done to the property can all influence charges and potential penalties.

Law enforcement agencies working at the local, state and federal levels have sophisticated methods of handling evidence in crimes scenes involving arson that allows them to identify the exact cause of the fire. At Whittel & Melton, our attorneys work with chemical and explosives experts to help those accused of arson. This knowledge can be helpful when investigating the case as well as in creating a zealous defense against the charges. Sometimes these cases can be dismissed based on one mistake by law enforcement or crime scene investigators.

Arson is classified as a violent crime, and like all violent offenses, an arson conviction carries harsh legal consequences. Arson cases are typically prosecuted quite vigorously by the State, which is why it is essential to contact a Florida Criminal Defense Attorney immediately following an arson arrest. If you are convicted of arson you could face imprisonment, restitution expenses and major fines.

Published on: March 13, 2012

Tampa – Orlando Prostitution Sting Lawyers :: Polk County Prostitution Sting Targeting Online Ads Nets 19 Arrests

by Whittel & Melton, LLC

Whittel & Melton, LLC 1-866-608-5LAW (5529) – Florida Sex Crime Attorneys

Detectives with the Polk County Sheriff’s Office have arrested 19 people in an undercover prostitution bust targeting online advertisements.

Undercover officials conducted the two-day sting focusing on online ads for prostitution last Thursday and Friday.

According to police, both male and female detectives posted and answered ads for sex on Backpage.com. The operation ended in the arrest of 19 people for crimes ranging from soliciting prostitution to narcotics violations.

Six of the suspects allegedly admitted to being married.

A spokesman for the Polk County Sheriff’s Office said that online escort services promoting prostitution will continue to be targeted and those who commit or derive proceeds from prostitution will be arrested.

In the past, most prostitution stings took place on the streets. With the advent of the Internet and web sites that allow individuals to advertise services, including sex, authorities have a tremendous amount of political and social pressures placed on them to curb illegal behavior, which means keeping up with today’s technology. Today, police agencies may place online advertisements equipped with a photo of a male or female offering sexual services in an effort to crack down on solicitation. In fact, law enforcement agencies often invest substantial resources into these vice squad operations.

It is not uncommon for individuals arrested in a police prostitution sting to feel entrapped. Unfortunately, an undercover sting does not always translate to police entrapment. Engaging in any kind of negotiations, especially communications over price can be interpreted by authorities as an act of solicitation. However, this does not mean that you have no viable defense available to you. The Florida Sex Crimes Lawyers at Whittel & Melton can discuss potential defense strategies with you and protect you in court.

It is important to note that the criminal justice system is a public system. Our attorneys understand that your privacy is important and will act as discreetly as possible in all matters pertaining to your case. We can address your specific needs and concerns and help you achieve the best possible outcome for your situation. In order to protect your best interests, it is vital to contact the Florida Sex Crimes Lawyers at Whittel & Melton right away.

Published on: March 9, 2012

Pinellas County Criminal Defense Attorneys Whittel & Melton :: Former Owner of Puppy found with Rubber Band Tied Around Snout Pleads Not Guilty to Animal Cruelty Charges

by Whittel & Melton, LLC

A 32-year-old Clearwater, Florida woman accused of tying a rubber band around the snout of a 9-month-old puppy for days pleaded not guilty in her first court appearance Monday.

The woman faces a charge of first-degree misdemeanor animal cruelty. A pretrial hearing was apparently set for March 26.

The puppy, a Yorkshire terrier/poodle mix, was taken from the woman’s home on Dec. 13 after investigators with SPCA Tampa Bay allegedly found his mouth clamped shut with a rubber band. The rubber band apparently kept the dog from eating and allegedly ripped through the skin and muscle around his muzzle. Officials claim the band tore a large hole through the top of the dog’s snout, where the continuous force ate away at weaker bones.

According to the SPCA, when an investigator pointed out the rubber band wrapped around the dog’s face, the woman apparently looked unconcerned. She allegedly told the investigator she would seek a veterinarian to treat the dog’s wounds. Officials claim the woman never sought medical treatment for the dog.

The dog has since been adopted by a Largo family.

Essentially, there are two types of animal cruelty – intentional cruelty and negligent cruelty. Intentionally inflicting cruel behavior to animals is viewed as violent and calculated animal abuse that can include torturing, beating, poisoning, mutilating, inhumanely confining or unnecessarily killing an animal. Negligent cruelty to animals is usually classified as failing to provide an animal with adequate care. This includes failing to treat a pet’s wounds or illnesses as well as not providing food, water, sanitary living conditions and suitable shelter.

The state of Florida treats animal cruelty charges as serious crimes and aggressively prosecutes these cases. Animal cruelty charges in Florida can vary from civil infractions to felonies. If convicted of an animal cruelty charge, you could be facing fines ranging from $50 to $10,000 and potentially be subjected to jail time. If the animal cruelty charge you are accused of is found to be deliberate abuse, you could face a felony conviction punishable by five years in prison.

Published on: March 8, 2012

South Florida White Collar Crime Lawyers Whittel & Melton :: 22 Accused of Stealing Money in Palm Beach Public-Fraud Sting

by Whittel & Melton, LLC

Authorities in Palm Beach County filed charges against 22 individuals Wednesday, alleging they stole nearly $1 million.

“Operation Leap Fraud,” apparently one of the biggest public assistance fraud roundups ever in Palm Beach County netted suspects from across Palm Beach County Jupiter to Delray Beach, and from Pahokee to West Palm Beach on charges ranging from mortgage and insurance fraud to public assistance fraud.

According to the Palm Beach County State Attorney’s Office, only 15 of those charged have been arrested at this time; seven others remained at large Wednesday evening.

Authorities claim the 22 individuals racked up $967,647.37 in fraud.

Authorities did not mention how long the operation took place, but the investigation, which included the U.S. Department of Housing and Urban Development and U.S. Department of Agriculture, apparently targeted people suspected of defrauding housing and other agencies.

At a press conference Wednesday afternoon, the State Attorney’s Office and the Sheriff’s Office said more arrests will follow and there will be no tolerance for even minor cases.

One of the men arrested in the sting, allegedly only defrauded $817.14. Authorities claim the man bilked an elderly woman out of her government-issued Electronic Benefit Transfer card, leaving her without the means to buy food.

It will definitely be interesting to see how the State Attorney’s Office will prosecute these cases. The government and insurance companies do not look fondly on those that attempt to defraud various benefits meant to assist qualifying individuals with their day-to-day needs. There are many ways to defraud the government, and the Florida White Collar Crime Lawyers at Whittel & Melton can assist those facing various fraud charges, including:

• Health Insurance Fraud
• Petty Theft & Grand Theft

• Organized Fraud
• Identity Theft
• Insurance Fraud

• Welfare Fraud
• Medicare/Medicaid Fraud

• Public Assistance Fraud
Florida public assistance fraud can be charged as a misdemeanor or felony depending on the amounts wrongfully obtained. The fraud charge can be classified as a felony if the amount of the assistance illegally gained is worth more than $200 over a 12-month period. Misdemeanor charges can be filed if the value of the assistance is less than $200. If convicted of public assistance or insurance fraud you will be required to pay back the amount of wrongfully obtained benefits and may be perpetually prohibited from receiving future benefits. You may also face jail or prison time, community service or a variety of other criminal punishments.

If you have been arrested for any public assistance fraud in Florida, it is crucial to your defense to consult with the Florida White Collar Crime Lawyers at Whittel & Melton as soon as possible. We will do everything in our power to protect your Constitutional rights. At Whittel & Melton, we can provide you with the aggressive legal representation you need for every stage of your criminal case up to and including trial.

Published on: February 24, 2012

Tampa Drug Crimes Defense Lawyers Whittel & Melton :: Former Rays Outfielder Elijah Dukes Incarcerated Over Drug Charges

by Whittel & Melton, LLC

Former Tampa Bay Rays outfielder Elijah Dukes was arrested Thursday morning after he allegedly attempted to eat a plastic bag filled with marijuana and had a blunt tucked behind his ear.

The 27-year-old man was stopped by an officer around 1 a.m. for apparently committing a traffic violation.

Police claim that after they stopped Dukes, they noticed a small bag of marijuana sitting in his lap. He allegedly tried to stick the bag of marijuana in his mouth.
Police removed the bag from his mouth and placed the man under arrest. After taking the man into custody, police apparently noticed a blunt tucked behind his right ear.

Dukes was taken to the Hillsborough County Jail around 3:30 a.m. and was still being held Thursday morning.

He faces charges of tampering with physical evidence, possession of less than 20 grams of marijuana, possession of drug paraphernalia and driving with a cancelled, suspended or revoked license. In addition, he was also being held on two Hillsborough County warrants for driving with a suspended knowledge and operating with a suspended or revoked driver’s license.

His bond was set at $4,750.

In the past year, Dukes has been arrested five times, mostly pertaining to charges of driving with a suspended, cancelled or revoked license.

He was accused of hitting his pregnant ex-girlfriend in March 2011.

Past arrests include contempt of court and failing to appear in a case where he owes an ex-wife child support and alimony.

Possession of Marijuana, also known as cannabis, pot or weed, can be a serious crime in Florida. The penalties associated with a possession of marijuana charge depend on the quantity you were arrested with. Possession of Less Than 20 Grams of Marijuana is known as “simple possession” of marijuana and is a misdemeanor offense that carries up to one year in county jail, probation, fines community service and random urine screenings. Additionally, a conviction for possession of marijuana can tarnish your record and make it difficult to find a job. It is also important to note that a conviction for a drug-related crime, including possession of marijuana, could result in a two year suspension of your Florida driver’s license.

If you have been charged with a drug possession crime anywhere in the state of Florida, it is important to consult with a criminal defense attorney right away to ensure the best possible outcome for your case. Whether your possession case involves marijuana, cocaine, methamphetamines, prescription pills or any other controlled substance, the Florida Drug Crimes Defense Attorneys at Whittel & Melton can work on your side to aggressively defend your case. We are trial attorneys that stand ready to attack your charges in a courtroom, should that be necessary.

While it is important to be aware that the final outcome of your case is contingent upon the unique set of circumstances involved, the Florida Drug Crimes Defense Attorneys at Whittel & Melton will demand that your legal rights are protected and fight for favorable results on your behalf. Depending on the facts associated with your drug case, our attorneys may be able to negotiate with prosecutors to have the charges stacked against you reduced or even dismissed entirely.

Published on: February 22, 2012

Ocala Drug Crimes Defense Lawyers Whittel & Melton :: Man Arrested for Cultivating Marijuana

by Whittel & Melton, LLC

A 51-year-old man was arrested Friday after local drug agents allegedly found marijuana and a shotgun at a property apparently owned by the man.

A Marion County Sheriff’s Deputy allegedly went to an Ocala, Florida home to serve an arrest warrant on Feb. 7 for a 51-year-old woman. The deputy allegedly noticed several plants that appeared to be marijuana in the back yard while peering through a window at the residence, including several small plants on the kitchen table.

Multi-Agency Drug Enforcement Team agents were called to the residence. Agents claim they smelled and detected marijuana at the scene, and when they could not find anyone at the residence they left to obtain a search warrant for the property.

After receiving the search warrant, agents allegedly found 69 marijuana plants growing inside the home, three marijuana plants in the back yard and a 12-gauge double barrel shotgun inside the master bedroom.

On Friday, agents claim they found the man not far from where the marijuana plants were discovered and arrested him.

In an interview with the agents, the man allegedly told them the marijuana and the shotgun was his.

Records indicate the man is a convicted felon and should not be in possession of any firearms.

The man allegedly told investigators that he had a second residence that contained marijuana.

With the man’s alleged consent, detectives went with the man to two buildings. Detectives allegedly uncovered two marijuana plants in the yard of one property, and five in the second yard.

Agents claim the seven plants were around 3 feet tall.

In the yard of one of the buildings, agents allegedly viewed 36 plants with heights between five to 10 inches tall.

According to officials, the man apparently told agents he was selling the products from the plants he had been growing.

He was arrested and charged with two counts of cultivating marijuana and one count of possession of a firearm by a convicted felon.

Under Florida statutes, drug cultivation refers to growing a plant deemed an illegal substance. In general, most cultivation charges stem from being in possession of cannabis plants, also known as marijuana. The amount of drugs a person is found growing plays a fundamental role in whether felony or misdemeanor charges apply. Another key factor relies heavily on intent. There are two crimes that can be charged for drug cultivation in Florida, including:

• Cultivation with Intent to Distribute: This crime is a felony offense that carries a minimum sentence of 1 year in state prison. Additional penalties such as fines, probation, registration as a narcotics offender, counseling programs and drug rehabilitation can be tacked on.

• Cultivation with the Intent for Personal Use: While the lesser of the two crimes, this offense is classified as a misdemeanor punishable by up to 12 months in county jail. This crime is a lighter offense because the cultivation was done for personal advantage, not for the purposes of selling or distributing drugs to others.

With a drug cultivation conviction carrying such hefty consequences, it is extremely important to develop a powerful defense strategy in an effort to reduce or drop criminal charges. Attempting this matter alone is never a good idea, as you could be subject to maximum penalties associated with a drug cultivation charge. A Florida Drug Crimes Attorney can assist you with establishing an appropriate defense for the charges you face. Often, this can be the difference between serving the maximum penalties and receiving a reduced sentence.

Published on: February 21, 2012

Florida Juvenile Criminal Defense Attorneys Whittel & Melton :: Three Palm Bay Teens Accused of Hate Crime

by Whittel & Melton, LLC

Two 16-year-olds and a 15-year-old were charged with aggravated stalking with a hate crime enhancement Friday after police were called to investigate a reported incident at a school bus stop in Palm Bay, Florida.

The trio is accused of repeatedly attacking and bullying an autistic teen while using racial slurs.

Police reports indicate the autistic teen attempted to run away from the teens and was almost struck by a motorcycle and a pickup truck.

As the teen sat on the school bus, he was allegedly struck in the face repeatedly.

Police claim a video of the alleged incident was posted on Facebook, which caused the teen to be admitted to a medical facility for an evaluation.

The three teens were arrested and taken to the Juvenile Detention Center in Sharpes.

The teens will make their first appearance in front of a Juvenile Court judge within 21 days for a hearing on the charges.

The State Attorney’s Office will later decide whether to pursue the hate crime charge and whether to prosecute the teens as adults.

It will be interesting to see if the prosecution chooses to pursue the enhanced hate crime charge and if the teens will be tried in adult court. Studies show that trying minors as adults does not actually rehabilitate teens; rather, it makes them more vulnerable to reoffend upon being released back into society. As former State Juvenile Prosecutors, the Florida Criminal Defense Lawyers at Whittel & Melton understand the importance of keeping children from being charged as adults. We will vigorously fight to keep your child out of adult court or make sure that the full range of legal defenses are presented to your child.

A hate crime can be charged anytime a person or group is targeted due to their religion, race, ethnicity, gender, age, nationality, political association, sexual orientation or disability. Contrary to popular belief, hate crimes do not have to involve physical violence to be charged as such. In fact, the mere threat of violence can bring about charges. Hate crimes are considered felony offenses punishable by imprisonment, probation, restitution to the victim, mandatory counseling and large fines. The death penalty can be imposed in serious hate crimes cases, typically those involving murder.

Hate crimes accusations are not taken lightly by law enforcement or prosecutors. The State has no tolerance for individuals who commit acts of hate against others and endanger innocent lives. Even if you never inflicted any harm on another, you will still be aggressively prosecuted. For these reasons alone, it is imperative to contact a Florida Criminal Defense Lawyer as soon as possible to guide you through the criminal process.