Florida Criminal Attorney Blog

Published on: February 20, 2012

Gainesville Hazing Defense Lawyers Whittel & Melton :: University of Florida Fraternity under Investigation for what Officials Claim was “Serious Physical Hazing”

by Whittel & Melton, LLC

The University of Florida’s Alpha Phi Alpha fraternity has been suspended and is currently under investigation for hazing by campus police.

According to the University of Florida spokeswoman, the fraternity was suspended after a student suffered severe injuries over the weekend from what investigators believe was hazing.

The UF Vice President of Student Affairs claims an investigation started as soon as hazing allegations were brought to light.

The off-campus organization is currently suspended from holding meetings or operating as an organization until police conclude their investigation.

University of Florida Police has not said how many students may have been involved in the alleged hazing events. Investigators believe that the so-called hazing took place between January 9 and February 4. They were apparently alerted to the situation Saturday.

According to police, they are looking into incidents that may have taken place on and off campus.

UF President Bernie Machen sent an e-mail to all students Tuesday warning them that hazing is prohibited by UF regulations, and is also classified as a crime in Florida.

This recent incident at UF happened just three months after a Florida A&M University drum major died as a result of an alleged hazing ritual.

Hazing was established as a crime in Florida in 2005 after a University of Miami student drowned as a result of fraternity hazing. Under the Chad Meredith Act, Florida’s broad definition of hazing refers to conduct in which students are inducted, affiliated or initiated into an organization which uses careless or premeditated methods that threaten the physical or mental safety of another person. Common hazing rituals can include:

• Whipping
• Branding
• Forced Alcohol Consumption
• Extreme Weather Exposure
• Forced Food or Beverage Consumption
• Forced Isolation
• Extended Periods of Sleep Deprivation
With increased media attention being placed on this type of crime, an increased amount of universities and students are finding themselves in the hot seat for hazing. The penalties for hazing in Florida can range from expulsion from school all the way up to felony charges. It is important to understand that a person accused of hazing can be with additional offenses that comprised the hazing offense. Felony charges of aggravated battery can be charged when suspected hazing results in great bodily harm. Likewise, if a person dies from alleged hazing events, murder may be charged.

It is best to not waste any time before contacting a Florida Criminal Defense Attorney after an accusation has been made regarding hazing. It is extremely important to seek the advice of legal counsel before making any statements to school officials or police. These crimes are not simple cases, and without the proper legal guidance the outcome can be devastating. At Whittel & Melton, our attorneys understand that while the penalties for hazing are severe, a criminal record can be even more detrimental to your future. We will thoroughly examine every detail of your case in order to achieve the most positive outcome for your unique situation.

Published on: February 8, 2012

Orlando, Florida State and Federal Drug Crimes Defense Lawyers Whittel & Melton :: Investigators Uncover Alleged Marijuana Drug Ring Extending through Florida, Texas and Mexico

by Whittel & Melton, LLC

Search warrants were served at homes in Orlando, Apopka, Sorrento and Kissimmee and a total of nine people were arrested Tuesday as a number of Central Florida police agencies dug further into an investigation into an alleged large-scale Mexican marijuana distribution ring labeled the “Gulf Cartel.”

The FBI, ICE’s Homeland Security Investigations and the Osceola and Seminole County Sheriff’s Offices apparently seized evidence, including cars and motorcycles from one of the properties, and forensic investigators were reportedly seen carrying shovels to apparently dig up money buried in the yard.

Federal prosecutors allege the Gulf Cartel shipped thousands of pounds of marijuana from Mexico through McAllen, Texas and then to Panama City, Florida and finally, to the six homes raided in Orange, Lake and Osceola counties.

Each monthly shipment was allegedly worth as much as $1million.

The nine individuals arrested apparently operated undercover, and investigators are looking into their immigration status.

Investigators accused the nine suspects of burying cash in the yard until it could be moved back to Texas in an 82-page report filed in Federal Court on Monday.

A source apparently told investigators that the Gulf Cartel allegedly had $2 million buried in Florida at some point while waiting for the money to be sent back to Texas.

Nine people were named and charged with possession with intent to distribute more than 1,000 kilograms of marijuana in a criminal complaint filed in Federal Court on Monday. Five of those were named in Federal Court on Tuesday afternoon.

In Florida, possession with intent relates to the criminal charge of possession of an illegal substance, such as marijuana or cannabis, with the intent to sell the drug. Penalties for this crime are severe, and each of the men charged in this particular case face a minimum of 10 years in prison. Most often the penalties for possession with the intent to distribute, sell or deliver include incarceration in state prison for as much as 30 years. Possession with the intent to sell or distribute is a felony offense, and because of this, it is vital to the success of your case to contact a Florida Drug Crimes Defense Attorney to help defend your case from the very beginning. The criminal defense lawyers at Whittel & Melton understand the consequences associated with a criminal drug charge and will implement strategic defense tactics to protect your rights.

When law enforcement believes they have discovered a person who has committed the crime of possession with intent to sell or deliver, they are not required to prove that the drugs in question were actually sold by that person. Rather, they must establish that the person merely intended to sell the drugs in their possession. The following are just some of the factors the State will look at to decide applicable charges:

• The amount of cash in an individual’s custody
• The amount of drugs in a person’s possession
• The location where the offense transpired
• How the drugs are packaged
In addition to the above factors, law enforcement officers may rely on circumstantial evidence to prove that the drugs possessed were intended to be sold or delivered. In fact, even a scarce amount of drugs found on a person may be alleged by police to be intended for future sale or distribution.

The Florida Drug Crimes Defense Attorneys at Whittel & Melton can help you understand the charges you are facing as well as your legal rights. As former prosecutors in Florida, our staff of attorneys has first-hand knowledge of how the prosecution works and how to assemble a case to defend your rights against any drug charge. Regardless of whether this is your first offense or if you have priors, we will fight for the best results possible and will not hesitate to take your case to trial.

Published on: February 6, 2012

Florida Prescription Drug Trafficking Attorneys Whittel & Melton :: Seminole County Physician Sentenced to 25 Years for Distributing Large Amounts of Prescription Pills

by Whittel & Melton, LLC

A 46-year-old Tallahassee doctor was sentenced to 25 years in prison Friday for his involvement in a prescription pill trafficking operation.

The man was also ordered to pay a $500,000 fine and investigative and prosecutorial costs.

According to the Florida Office of the Attorney General, the illegal operation was to blame for disbursing large quantities of prescription drugs throughout western Florida.

The physician apparently pled guilty to conspiring to traffic in 28 grams or more of oxycodone in October 2011. He was prosecuted by the Attorney General’s Office of Statewide Prosecution.

The Osceola County Investigative Bureau, the Sarasota County Sheriff’s Office, the Sarasota Police Department and the Florida Department of Law Enforcement claim they began investigating the doctor in 2010. Their alleged investigation revealed the doctor was selling prescriptions for large amounts of oxycodone to a group of associates who would fill the prescriptions and then disburse the pills on the streets of Sarasota.

One of the doctor’s co-defendants was sentenced to 25 years in state prison for his role in the operation and another co-defendant is awaiting sentencing.

Drug trafficking in the State of Florida describes the sale, delivery, possession or manufacturing of illegal drugs and controlled substances over a certain weight or amount. The consequences associated with a drug trafficking charge can vary from a minimum of three years to a maximum of a life sentence in prison, depending on the type of drug and the quantity. Sentences are established by the weight value of the total pills in question. At minimum, a trafficking charge of oxycodone is a three year mandatory prison sentence with a fine of $50,000 and a maximum of 25 years in prison plus a fine of $500,000.

In many drug trafficking cases in Florida, the State will seek conspiracy charges to be filed in addition to trafficking charges in order to obtain convictions not only for trafficking pills, but an agreement to traffic drugs. The conspiracy to traffic drugs can be difficult to understand because most drug charges require for the prosecution to prove that the accused was in possession of the drugs in question at some point. However, a conspiracy to traffic drugs charge can be proven solely by establishing that an agreement existed to carry out a drug-related criminal act. In fact, the act does not have to even be completed to be convicted of conspiracy.

The Florida Prescription Drug Trafficking Attorneys at Whittel & Melton can thoroughly review the facts of your case and explore all possible defenses to combat the charges against you. We will review any evidence and police reports to consider the following:

• Did law enforcement play a role in initiating your participation in the conspiracy?

• Did the conspiracy solely entail verbal agreements, or were there acts in furtherance of the conspiracy?

• Was the agreement terminated or dismissed before an arrest was made?

• Were wiretaps involved, and if so were they legal?

• Was the warrant obtained legal?

Published on: February 2, 2012

Orlando – Tampa Sinkhole Fraud Defense Attorneys Whittel & Melton :: Questionable Sinkhole Repairs in Florida’s “Sinkhole Alley” Raise Costs and Suspicions of Fraud

by Whittel & Melton, LLC

A Seminole County contracting firm owner is accused of racketeering and insurance fraud after State Farm Insurance claims the company billed for work that was never done and charged for products that were never used in order to fix homes damaged by sinkholes from Orlando to Tampa Bay.

Although the source of the suspicions are dubious, it is suspected that the overcharges in sinkhole claims can be linked to the reason insurance losses from sinkhole claims have skyrocketed. This increase has allegedly increased premiums for all Florida policyholders and not just those throughout Florida’s “sinkhole alley.” Most likely this is the sort of talking point that an Insurance company lobbyist would feed a reporter to avoid the most obvious source of any rate hikes…the Insurance company themselves.

Citizens, a state-run company that insures more than one million property owners allegedly lost more than $200 million dollars in 2010, which they claim is seven times more than the premiums collected for sinkhole coverage.

Published on: January 30, 2012

Florida White Collar Crimes Defense Attorneys Whittel & Melton :: Columbian Man Arrested in Orlando for Having Counterfeit Bills

by Whittel & Melton, LLC

A 52-year-old Columbian man was arrested in the Orlando area Saturday morning for having $6,500 in counterfeit U.S. currency in his possession.

A Kissimmee police officer pulled the man over Saturday morning driving a dark blue BMW with a tinted front windshield. The officer apparently instructed him to pull over while he was conducting an unrelated traffic stop in the same area.

After checking the vehicle, it was allegedly determined that the car was not properly registered to the driver. The man was detained while the officer performed a field investigation.

Investigators claim the man gave his consent for officers to search the vehicle where they allegedly uncovered a black purse containing three separate envelopes, one of them apparently containing 50 counterfeit $100 bills.

The man was placed under arrest and taken to the Kissimmee Police Department to be interviewed by Kissimmee Police Detectives and a United States Secret Service Agent.

According to the Kissimmee Police Department, a thorough search of the vehicle revealed $14, 802 of valid U.S. currency, $6,500 of counterfeit U.S. currency and 46 random gift cards from various retailers.

The man was charged with possession of more than 10 counterfeit bills and was transported to the Osceola County Jail. At the man’s request, the Columbian Consulate was contacted.

Counterfeiting represents the act of generating false currency and distributing it or attempting to distribute it as a genuine form of cash. Counterfeiting can also include other criminal activities including possession of counterfeit money or goods or trafficking in counterfeit money or goods.
When counterfeiting involves money or government bonds, it is charged as a federal crime. Like most white collar crimes, this means federal agencies will investigate and prosecute the case. Not only do these federal agencies have more resources than law enforcement organizations at the state level, they tend to show fewer leniencies to those accused of counterfeiting.

In order for the prosecution to obtain a conviction in a counterfeiting currency case, it must be shown that the accused knowingly committed the offense. A Florida Counterfeit Defense Lawyer may be able to present compelling evidence to the jury that may result in a dismissal of charges if the following can be demonstrated:

• The accused did not commit the crime of counterfeiting
• The accused unknowingly was in possession of counterfeit money
• The accused had no intent to commit the crime of counterfeiting
• Any evidence pertaining to the charge of counterfeiting is insufficient or inconclusive
When accused of a counterfeiting offense, it is important to consult with a Florida Counterfeit Defense Lawyer at Whittel & Melton as early on in the process as possible. It does make a difference how soon a defense attorney is brought into the process. By consulting with legal counsel during the early stages of an investigation, the prosecution may be persuaded that they do not have a convincing case against you which could result in no charges being filed.

Published on: January 27, 2012

Florida Tax Crimes Defense Attorneys Whittel & Melton :: Palm Beach Tax Preparer Accused of Filing False Returns

by Whittel & Melton, LLC

A 39-year-old Royal Palm Beach, Florida man has been charged with one count of filing a false personal income tax return for 2008 for himself and seven counts of filing false tax returns for his clients.

He is also charged with fraudulently claiming the First-Time Home Buyer Credit and other tax credits and deductions.

The man apparently ran a tax return preparation business in Palm Beach County.

Prosecutors claim the tax loss to the government was between $400,000 and $1 million.

The man allegedly improperly claimed earned income tax credits, home mortgage interests, business credits, gifts to charities and medical and dental expenses for his clients.

If this man is convicted of tax evasion, he faces potential penalties of up to three years in prison and up to $250,000 in fines for each charge. While searching for ways to dodge tax liability is legal in the U.S., intentionally not paying the taxes you owe can result in felony tax fraud charges. Charges of criminal tax evasion can include:

• Filing a False Tax Return
• Failure to File Taxes
• Failure to Pay Taxes
• Assisting in Preparing a False Tax Return
Additional charges that can arise in tax fraud cases may include mail fraud, making false statements and making false claims. Criminal tax evasion charges may also result from failing to report all income or claiming false deductions. In tax evasion cases, the government must prove knowledge and willfulness to deceive. The penalties are unique to the charges you face and are contingent upon the amount of taxes you owe the federal government.

If you are under investigation for filing false tax returns, it is best to contact a Florida Tax Crimes Attorney immediately. At Whittel & Melton, we can best protect your rights by getting involved as early on the case as possible. Depending on the circumstances exclusive to your case, we may be able to negotiate with the IRS to avoid criminal penalties.

Published on: January 20, 2012

Florida Criminal Defense Attorneys Whittel & Melton :: Former Magic Fan Favorite Darrell Armstrong Arrested for Passing off Bad Check at Vegas Casino

by Whittel & Melton, LLC

Ex-Orlando Magic point guard Darrell Armstrong was arrested in California Tuesday on an outstanding warrant stemming from an alleged unpaid $37,500 debt at a Las Vegas Strip casino.

The 43-year-old current Dallas Mavericks assistant coach is accused of writing a worthless check and theft deriving from casino markers or IOUs last June at a Vegas hotel and casino.

According to the Los Angeles County Sheriff’s Department, Armstrong is wanted by the Clark County district attorney’s office for his alleged involvement in the case.

Armstrong was apparently stopped Tuesday around 8 p.m. for an alleged traffic violation. He was arrested and transported to the sheriff’s Marina del Rey station.

He was released Wednesday afternoon after posting $40,000 bond set by authorities in Nevada.

He joined the Mavericks for the team’s Wednesday game against the Lakers, taking his usual seat one row behind the bench.

Florida Statutes define the crime of passing off a worthless check as writing a check with reasonable knowledge that the account it was written from has insufficient funds or has been closed. The State of Florida considers a bad check charge a “crime of dishonesty” which could affect your employment status even after your case is resolved. A worthless check offense is classified as a first degree misdemeanor if the check is written for an amount less than $150 and carries a potential jail sentence of up to one year and fines of no more than $1,000. If a single worthless check happens to add up to more than $150 or multiple bad checks written total more than $150, the crime is elevated to a third degree felony punishable by up to five years in prison.

There are multiple reasons a check may be dishonored by the bank. Should a banking institution stamp a check with any of the following memos, a person can be prosecuted under the Worthless Check Statute:

• Non-Sufficient Funds
• Insufficient Funds
• Account Closed
• No Such Account
• Account Not Found
• Uncollected Funds
• Refer to Maker
Unfortunately, simply settling your debt pertaining to a dishonored check, draft, bill of exchange or a debit card order is not a viable defense for the charge and does not mean your case will be dismissed. However, if the check amount is paid immediately the State Attorney’s Office may choose to not continue with prosecution. Even if a case has already been opened, a Florida Criminal Defense Attorney may be able to persuade prosecutors to drop the charges in exchange for a payment of restitution.

The victim of a worthless check may choose to take civil action against you for passing off a bad check. In fact, the victim may seek damages for up to three times the amount of the check. In addition, you may be subject to attorney fees, court costs and bank fees should you be found guilty.

Published on: January 19, 2012

Florida Statewide Aggravated Assault Defense Attorneys Whittel & Melton :: Law Student Accused of Firing Shots at His Roommate and Threatening His Ex-Girlfriend

by Whittel & Melton, LLC

A Florida Ave Maria law school student is being held on $1 million bond after police claim he supposedly pointed a gun at his ex-girlfriend and fired shots at his roommate.

The 25-year-old student was charged Friday with attempted murder and aggravated assault with a deadly weapon.

According to the Naples Daily News, the man allegedly forced his roommate and ex-girlfriend to their knees on the street while pointing a gun at them. The woman apparently ran to the apartment to call the police, while the man fired several shots in the air.

The man allegedly ordered the roommate to his feet while pointing the gun at him. According to reports, no one was injured.

The man is scheduled to make his next court appearance on Feb. 6.

Aggravated assault can be defined as the use of intentional force that puts another individual in fear of impending danger. Certain circumstances can elevate this crime to be considered aggravated including:

 Use of a deadly weapon
 Assault against a family member or relative
 Assault against a police officer
 Assault that results in serious bodily injury
The use of a deadly weapon is not limited to a gun, and may include any type of instrument capable of bringing about serious bodily injury or harm. In the State of Florida, aggravated assault with a deadly weapon is a third-degree felony carrying consequences of up to five years in prison. However, if a person is charged with aggravated assault with a firearm a mandatory minimum sentence of three years in prison must be enforced.

For an aggravated assault with a deadly weapon charge, the State does not have to prove that you harmed another person or that you even made physical contact with the person. If it can be shown that you had the ability and the intent to inflict harm on another person, then you can be charged with this crime. In fact, simply threatening someone with a dangerous device, with an apparent ability to carry out the threat, can result in an aggravated assault arrest.

The Florida Aggravated Assault Defense Attorneys at Whittel & Melton work with investigators and related experts to exhaust all probable defenses to get your aggravated assault charges dismissed. There are numerous defenses that may be grounds for challenging the accusations including self-defense, provocation, defense of your property and defense of a third person. In addition, any faults with evidence must be exposed. Our attorneys can work to uncover any unlawful search and seizure issues as well as any conflicts with evidence or witness testimony.

Published on: January 10, 2012

Tampa Firearms Defense Lawyers Whittel & Melton :: Police Suspect a New Year’s Eve Celebration Gun Shot May Have Resulted in a Boy’s Critical Injuries

by Whittel & Melton, LLC

Florida authorities believe that a 12-year-old boy may have been critically wounded on New Year ‘s Eve following a celebratory gunshot supposedly fired into the air miles away.

According to reports, the boy and his family were outside their home enjoying the fireworks display around 1 a.m., when the boy fell to the ground bleeding from his eyes and nose.

The boy’s family, unable to determine the cause of bleeding, rushed the boy to South Bay Hospital where doctors confirmed a bullet had entered the top of his head. He was transferred to Tampa Bay General Hospital where he remains in critical condition with the bullet still inside his head.

No reports of gunfire nearby were reported, but police suspect the boy was hit by gunfire falling from the sky from miles away.

Police are questioning people in the surrounding area in an effort to figure out who pulled the trigger.

A Spokesman for the Hillsborough County Sheriff’s Office calls the act irresponsible and said the crime carries felony consequences.

The illegal discharge of firearms is banned within city limits and prosecuted rather vigorously in Florida. So-called “celebratory gunfire” is considered reckless and when a stray bullet lands it can result in serious injuries. When a gun is fired up in the air it can be very difficult to trace where the shot was fired from. Where a randomly fired bullet lands depends on the angle of the trajectory it was fired at. Generally, the lower the trajectory, the faster the bullet, and it could fall from several thousand yards away.

In some areas of the world, celebratory gunfire is a tradition and it is acceptable to set off destructive devices in celebration of weddings, anniversaries and other such festivities. Randomly firing a gun in a public place is a felony in only a few states, and in Florida it is a misdemeanor offense. Studies show that the possibility of death from a bullet shot in the sky is far greater than other gunshots because they cause head injuries 80 percent of the time.
Strict Florida laws prohibit anyone from knowingly and willingly discharging a firearm in a public place, which includes public roads, streets, highways, a vehicle, private residence or any other occupied dwelling. Any individual that does discharge a weapon in a public place or inside a residence can be charged with first-degree misdemeanor punishable by up to one year in jail. Likewise, if a person discharges a firearm from inside a vehicle, within 1,000 feet of another person, they will face a second-degree felony carrying consequences of up to 15 years in prison.

If you think you may be charged with a weapons offense in Florida, it is important to understand that the State takes these charges quite seriously. There are numerous weapons crimes that can be committed and criminal history, the type of firearm used and the person’s intent can all play a role in determining the charge. It is very important for anyone that could potentially be charged with a weapons offense to contact a Florida Firearms Lawyer immediately to discuss your options. The Florida Firearms Defense Lawyers can start building an aggressive defense for you right away, so it is crucial to the outcome of your case to act fast.

Published on: January 9, 2012

Citrus County Drug Crimes Defense Attorneys Whittel & Melton :: Six Arrested Following Extensive Drug Investigations

by Whittel & Melton, LLC

Six Citrus County, Florida residents have been arrested and are facing various drug charges after investigations conducted by the Sheriff’s Office and the CCSO’s Tactical Impact Unit and Pharmacy Diversion Unit revealed illegal dealings of prescription narcotics.

The arrests ranged from doctor shopping to hydrocodone trafficking. Several of the supposed suspects, ranging in age from 22 to 57, are accused of selling cocaine and other substances as well as selling their prescription pills for a profit.

A CCSO spokesperson mentioned that the introduction of Florida’s new prescription drug monitoring program E-FORCSE or Electronic – Florida Online Reporting of Controlled Substances Evaluation makes it easier than ever to monitor who may be doctor shopping. Law enforcement agents, doctors and pharmacists can use the program to see what drugs patients are receiving and from what doctors.

Doctor shopping also known as Obtaining a Controlled Substance by Fraud has become an increasingly popular charge in Florida. Due to the large amount of pressure placed upon law enforcement to track down those suspected of prescription drug abuse, new tracking systems have been developed to monitor patient’s medical records and pharmacy histories. These amped up security measures put doctors as well as patients at a greater risk for being accused of committing a prescription drug crime. Electronic databases put even patients given legal prescriptions to treat an injury or illness in jeopardy of a drug crime arrest.

Doctor shopping, in general, is when a patient visits multiple doctors to gain access to multiple prescriptions. It is illegal for patients to visit different doctors without disclosing that information to them, even if they are under the care of several physicians for legitimate reasons. In the State of Florida, doctor shopping is classified as a third-degree felony that carries mandatory penalties and could include up to five years in State Prison. In addition, the State can charge every transaction as a separate crime, which could result in multiple consecutive sentences.

The Florida Drug Crimes Defense Lawyers at Whittel & Melton are experienced with how the State Attorney’s Office investigates these types of crimes and will work to get your charges related to doctor shopping or any other type of drug charge reduced or dismissed. As trial attorneys, we treat every case as if it is going to trial and can provide you with a solid defense no matter what the circumstances are surrounding your arrest.