Florida Criminal Attorney Blog

Published on: January 3, 2012

Florida Drug Crimes Defense Lawyers Whittel & Melton :: Ex-Chicago Bears WR Sam Hurd Released from Federal Jail after Posting $100K Cash Bond

by Whittel & Melton, LLC

Sam Hurd was released from the Metropolitan Correctional Center on Dec. 16 after posting $100,000 cash bail, but the former Bears receiver will now have to look for a job elsewhere.

The team decided to cut Hurd on Dec. 16 after reviewing the drug allegations stacked against him.

Hurd was arrested on Dec. 14 outside of a Chicago steakhouse. He is accused of accepting a kilo of cocaine from an undercover federal agent masquerading as a drug dealer. He is also accused of attempting to set up a major drug network.

Police claim that Hurd told the undercover agent that he wished to purchase five to 10 kilos of cocaine and 1,000 pounds of marijuana a week to sell in Chicago and that he was supposedly moving four kilos of cocaine a week.

After appearing in court and posting bond, Hurd’s attorney did not respond to any of the specific allegations in the criminal complaint, but did address the rumors that Hurd was supplying drugs to various NFL players as 100 percent false.

Charges against Hurd have been filed in Texas, which is where his next court date will be. While no date is set as of yet, it should be scheduled within the next 30 days, after a grand jury hears the case.

A former federal prosecutor shared that the case against Hurd appears to be solid based off the criminal complaint, but other factors could play a role in how the case shapes up, including what information Hurd can offer prosecutors build a case against others.

It is not mentioned whether Hurd will attempt to get picked up by another team as he fights the drug case with the potential to put him in jail for 40 years.

The most serious drug crime in the state of Florida, whether prosecuted in state or federal court, is drug trafficking. Under Florida Statutes, a person in possession of less than a kilo of cocaine can be charged with drug trafficking. In fact, the only difference between cocaine possession and cocaine trafficking boils down to the amount of cocaine seized during the time of arrest. Individuals could face anywhere from three to 25 years in prison for drug charges in Florida, contingent upon the type of drug and the amount seized.

In Florida, oftentimes drug trafficking charges stem from undercover sting operations. Depending on how initial contact was made between the accused and an undercover officer as well as how the drug evidence was seized, possible trafficking charges could be dropped. Undercover drug busts must follow clear-cut procedures and drug charges can be dismissed if law enforcement officers neglected to acquire an appropriate warrant, used an illegal wiretap or failed to link the accused to the alleged drugs due to scarce evidence.

Despite the allegations surrounding your drug arrest and what federal agencies may be involved, the Florida Drug Crimes Defense Lawyers at Whittel & Melton may be able to assist you in combatting state or federal drug charges. If your charges cannot be dismissed, we prepare for trial and in the meantime will negotiate with prosecutors for the least amount of prison time or even request a suspended or alternative sentence. Many times in drug cases, the State’s case may fall under a gray area and our attorneys can pick out the strengths and weaknesses of the prosecution’s case to better defend you.

Published on: December 22, 2011

Florida Domestic Violence Defense Attorneys Whittel & Melton :: Floyd Mayweather Jr. Ordered to Start Serving 90 Day Jail Term at the Start of the New Year

by Whittel & Melton, LLC

Boxer Floyd Mayweather Jr. was sentenced to 90 days in jail Wednesday after pleading guilty to domestic violence battery charges and harassment stemming from an alleged altercation between him and his ex-girlfriend in September 2010.

He will report to jail to start serving his sentence on Jan. 6.

The reduced plea deal will allow Mayweather to avoid a trial on felony allegations that he struck his ex-girlfriend and threatened two of their children at his ex’s Las Vegas home.

The judge ordered Mayweather to perform 100 hours of community service and pay a $2,500 fine.

Mayweather may have pleaded guilty to the charges to end the uncertainty surrounding his criminal case so that promoters could finalize the plans for a super-fight next year between Mayweather and Manny Pacquiao.

Now that the case has been resolved, promoters have mentioned a likely date for the mega-brawl between the two boxers to take place in June.

Domestic violence cases can be quite complex and are usually prosecuted aggressively by the State. When law enforcement is called to the scene of a domestic dispute, they are often urged to make an arrest in an attempt to diffuse the situation. Even though it is not always clear who the at-fault party is in a domestic violence situation, police usually regard the first person to report the alleged incident as the victim. Due to the special laws that apply to domestic violence arrests, it is extremely important to consult with a Domestic Violence Attorney as early on as possible. There is usually evidence that needs to be obtained quickly, including photographs, telephone records and any potential witness statements.

Most people tend to think that domestic violence arrests are limited to disputes between spouses or partners, but domestic violence extends to include any criminal offense committed by one family member against another. Domestic violence covers a wide range of criminal offenses including:

• Kidnapping
• Sexual Battery

• Assault and/or Battery

• Stalking
• Child Abuse

Domestic violence charges can be filed as misdemeanors or felonies, and the filing decision is made exclusively by the prosecutor and is based on facts unique to the case. A misdemeanor or felony conviction for domestic violence can include jail time, counseling, community service, fines and a stay-away order from the victim.

It is important to understand that if any type of assault or battery is apparent, police will typically make a domestic violence arrest. Even if there are no noticeable injuries, prosecutors with the State Attorney’s Office will not necessarily drop charges due to a victim’s request. While prosecutors can pursue domestic violence charges with or without the supposed victim’s cooperation, this does not always mean charges will be filed. Early intervention by an experienced Florida Domestic Violence Attorney may persuade the prosecutor to decline filing formal charges against you. There are a variety of factors that may make a difference in your case, and the Florida Domestic Violence Defense Attorneys at Whittel & Melton can discuss your potential options.

Published on: November 23, 2011

Federal Mail Fraud Defense Attorneys Whittel & Melton :: Ex-Gainesville Man Sentenced to 20 Years in Connection with Multi-Million Dollar Ponzi Scheme

by Whittel & Melton, LLC

A former Florida resident was sentenced to the maximum sentence of 20 years in federal prison on Thursday for mail fraud in connection with a $30 million Ponzi scheme.

His original charges also included wire fraud and conspiracy, crimes that often get charged in conjunction with mail fraud cases.

The case was investigated by the U.S. Postal Inspection Service, the Florida Department of Law Enforcement, the Florida Office of Financial Regulation, the Florida Attorney General’s Office and prosecuted by the U.S. Attorney’s Office.

The 48-year-old man was ordered to surrender $29.9 million, numerous computers and computer equipment purchased using earnings from the scheme.

According to authorities, the man received $30 million from more than 500 investors in Florida and throughout the United States by assuring them that they could earn 10 percent interest per month by trading in foreign currency through his company located in Pasco County.

The man supposedly only invested a small portion of the assets obtained, paid investors about $15 million of other investors’ money and spent millions of dollars on personal items for himself, friends and family. He allegedly leased high-end real estate in New York City, private jets, and bought luxury cars, clothing and jewelry.

The Florida Attorney General’s Office shut down the man’s former company in April 2010 and froze its assets after investigating a grievance against the company. During that time the man had a Gainesville address and supposedly went to school in the area.

He was arrested in New York City on Nov. 4, 2010 and indicted Dec. 1.

Mail fraud and wire fraud are broad terms used in any case involving theft by mail, by Internet, by electronic transfer, by phone or any other comparable scenario. The State must prove intent beyond a reasonable doubt to obtain a conviction for this white collar offense. A mail fraud or mail theft case revolves around several points:

• Did the accused actually plan to commit fraud?

• Did the accused willfully and intentionally create a plot to cheat another person or persons
out of money or property?

• Did the accused use the postal system in their scheme to defraud?

Prosecutors and investigators for fraud cases are aggressive in pursuing charges, which means your case can drag on for a lengthy time period. If convicted of mail fraud, the penalties include stiff fines or imprisonment for up to 20 years, possibly both. If the violation concerns a financial institution such as a bank, the fine can be elevated as high as $1,000,000 and imprisonment up to 30 years.

Published on: November 22, 2011

Miami, FL Criminal Defense Attorneys Whittel & Melton :: Woman Accused of Pumping Toxic Concoction into Woman’s Rear Charged with Practicing Medicine without a License

by Whittel & Melton, LLC

A woman who supposedly wanted a curvier body for cheap allegedly paid a woman posing as a doctor to inject her buttocks with cement, mineral oil and flat-tire sealant.

According to police, the suspect was born a man and identifies as a woman. She is accused of performing this toxic procedure on herself and at least one other.

The 30-year-old was arrested Friday and charged with practicing medicine without a license with serious bodily injury. She has since been released on bond.

Police investigators say the woman has supposedly been on the lam for a year, driving a black Mercedes and residing at various locations. An officer allegedly drove by one possible home for the woman nearly every day on his way to work, and apparently spotted the Mercedes parked outside on Friday which lead to the woman’s arrest.

The alleged victim told officers she paid $700 for a series of injections to her bottom in May 2010. She was apparently referred to the woman by a friend.

The woman was supposedly treated at two south Florida hospitals for severe abdominal pain and infected sores on her buttocks along with flu-like symptoms. According to reports, she failed to tell doctors the full story behind her sickness because she was embarrassed.

The woman’s mother apparently took her to a Florida hospital on the west coast, where doctors were supposedly told about the alleged procedure. The Department of Health was notified.

The woman claims she is still recovering from the surgery and is in too much pain to work.

Florida’s state laws require that medical procedures be performed only by licensed professionals. When a person performs a medical procedure without a license that causes serious bodily injury to another, they can ultimately be charged with a second-degree felony punishable by a maximum of 15 years in prison. Anyone that engages in the illegal practice of medicine can be subject to various criminal consequences that have the potential to generate civil lawsuits depending on the facts associated with the medical matter. It is important to be aware that manslaughter can be charged if someone dies from an unlicensed medical procedure.

Practicing medicine without a license can cover a broad range of activity, but commonly criminal charges erupt from the following:

• Applying “M.D.”, “D.O.” or any other abbreviations that may indicate a person is a licensed professional for the purposes of treating a patient
• Prescribing medication to patients without a license to do so
• Medically diagnosing someone
• Delivering medical treatment to someone without holding a proper medical license
• Providing a medical examination without the necessary medical license required to give the examination
• A physician who practices medicine not covered by the license the physician possesses
• A former physician that continues to practice medicine after their license has been revoked
It is essential to consult with a Florida Criminal Defense Attorney immediately when facing charges associated with the illegal practice of medicine. These charges can negatively impact your life severely if not handled properly. The Florida Criminal Defense Attorneys at Whittel & Melton can best advise you of your rights while simultaneously putting forth the best defense unique to your specific charges.

Published on: November 18, 2011

Tampa Bank Robbery Defense Attorneys Whittel & Melton :: Amateur Comedian Accused of Robbing Local SunTrust Bank Twice

by Whittel & Melton, LLC

Officials with the Hillsborough County Sheriff’s Office have arrested a Citrus Park, Florida amateur comedian for allegedly robbing a SunTrust Bank, twice.

According to police, the man allegedly entered the SunTrust Bank on Tuesday, claimed he had an explosive device, demanded money and fled the scene. On Thursday, detectives said the same man targeted the bank again, requesting money from the same teller.

Witnesses supposedly saw the man exit the bank and gave a description of his physical being and car to authorities.

The man was supposedly known to investigators for past events, and was picked up, positively identified and later arrested.

The man has supposedly performed at open mic nights for comedy clubs throughout Tampa. He has performed at a comedy club in Carrollwood, FL several times this year.

The man faces numerous charges, including robbery and possession of cocaine. He has supposedly been arrested before for similar charges.

Robbery in the state of Florida is considered the intentional and unlawful taking of money or property from another person while endorsing threats, violence, force or assault. The crime of robbery is a second degree felony punishable by up to 15 years in prison, up to 15 years of probation and a maximum of $10,000 in fines. However, since most banks are federally insured, bank robbery can be amplified to a federal offense. This means that if you are charged with bank robbery, not only are you facing a possible Class A, B or C felony you must also face federal prosecution, which can be quite aggressive considering the government’s resources. The type of felony you are charged with depends on whether weapons or violence was inflicted, if anyone was injured and how much money was taken. If a weapon was used, the penalties for this crime are often enhanced, but even if there was no use of weapon in the robbery, a conviction can carry a prison sentence of anywhere between one and 10 years.

Today’s technology has made evidence against bank robberies, including credit unions and savings and loans associations, much stronger due to several factors:

• High-technology security systems
• Exploding dye packs located in the money
• Locator devices
• Marked bills
• Silent alarms
Charges of bank robbery can damage you and your family’s life in more ways than one. Not only do you run the risk of being prosecuted by the Federal Bureau of Investigation, but you ultimately face the possibility of hefty prison terms, probation, parole, large fines and a record that could limit all aspects of your future life. The Florida Bank Robbery Defense Attorneys at Whittel & Melton can discuss your best line of defense to combat federal charges and help you avoid a conviction with potential prison time.

Published on: November 17, 2011

Ocala Criminal Defense Lawyers Whittel & Melton :: State Seeking Death Penalty in Quadruple Murder Case

by Whittel & Melton, LLC

The state of Florida’s death sentence policy is quite different than any other state’s version. Florida is the only state that gives the jury the power to recommend the death penalty or life in prison, which is decided by a majority vote. The judge can consider the recommendation, but ultimately does not have to agree with the results of the jury vote.

On Tuesday, the State Attorney’s Office announced its plan to seek the death penalty in an Ocala, Florida case involving a 31-year-old man accused of murdering two children and two women, one of whom was the mother of his 2-year-old son.

The man, currently a high security inmate at the Marion County Jail, was arrested on Aug. 5 and charged with five counts of first-degree murder and arson of a dwelling.

The four individuals were found shot to death inside a home that was allegedly set on fire. The children, 6 and 8, were found in a back bedroom, the women, 27 and 52, were found near the front door.

The 27-year-old woman was supposedly dating the man accused of the quadruple murder. She allegedly arrived at the home on Aug. 5 with her three children in a white Jeep, when she supposedly went inside the house and left the children in the car.

One child told detectives that there was a loud bang, followed by the woman’s collapse. She was supposedly dragged inside the home and the door was closed. A short time later, flames erupted from the house.

The children remained in the Jeep until neighbors got them out.

The man was indicted by a grand jury at the end of August.

When a person is charged with a capital crime in the state of Florida, a grand jury will determine whether or not the case moves forward to trial. The Florida Supreme Court defines a grand jury as “an investigating, reporting, and accusing agency of the Florida Circuit Court.” During a grand jury trial it is determined whether or not there is probable cause to believe the accused has committed a capital crime.

Currently, Florida has several capital crimes, including:

• First-Degree Murder

• Felony Murder

• Capital Drug Trafficking

• Capital Sexual Battery

If a grand jury decides that there is enough evidence against a person accused of a capital crime to proceed to formal trial, then that person will progress to a Florida circuit court where a separate jury will establish if the person is actually guilty of the crime charged. Someone convicted of a capital crime in Florida faces the possibility of life in prison or the death penalty.

Published on: November 11, 2011

Orlando Drug Crimes Lawyers Whittel & Melton :: Couple Arrested after Allegedly Leaving Crack in Florida Motel Freezer

by Whittel & Melton, LLC

A 17-year-old male and a 22-year-old female were arrested by Orlando area authorities on Oct. 27 for supposedly trying to check back into their motel room an hour after leaving because they allegedly left behind crack cocaine in the room’s freezer.

The Osceola County Sheriff’s Office was called to a motel near Kissimmee, Florida around lunchtime after the cleaning staff supposedly found several bags of crack cocaine in the freezer of a room the couple previously occupied.

According to deputies, the room’s former female occupant called the motel during the investigation and told the manager she wanted to pay for one more night in the same room.

Upon arrival at the motel, both the man and woman were arrested and charged with possession of cocaine with intent to sell and possession of drug paraphernalia.

The woman allegedly told deputies that the man sells crack cocaine and they both forgot it was in the freezer when they checked out of the motel.

The couple arrested in this particular case faces charges involving constructive possession, which means the drugs were not found on their person. As with all criminal drug matters, the burden of proof lies in the hands of the prosecution, and constructive possession cases can be more difficult for the State to prove than actual possession charges. Actual possession is simply when law enforcement agents uncover drugs somewhere on your physical being. In order for the State to prove constructive possession charges in Florida, prosecutors must prove that the person, or people, arrested had knowledge illegal drugs were present and had actual control over them. It is best to contact a Florida Drug Crimes Defense Attorney to intervene early on with criminal defense matters pertaining to crack cocaine so that you can stand the best chance of having your charges reduced or possibly dropped altogether.

Selling and distributing illegal drugs is usually classified as a felony in the state of Florida. Selling cocaine or possessing cocaine with intent to sell is normally a second degree felony punishable by up to 15 years in state prison. However, if a person is charged with possession of cocaine with the intent to sell within 200 feet of a university, public housing facility, public park, or within 1,000 feet of a church or other property deemed for religious use, enhanced penalties can be attached. Selling or possessing cocaine with the intent to sell near one of these facilities could amplify consequences to a first degree felony punishable by up to 30 years in state prison.

At Whittel & Melton, we understand the intricacies associated with how police attempt to prove possession of illegal drugs with the intent to sell. Often these cases rely upon the testimony of witnesses and law enforcement agents to prove the State’s case. We work to snuff out any holes in the prosecution’s case to decrease the risk of potential consequences associated with a drug crimes conviction.

Published on: November 7, 2011

Ocala Homicide Lawyers Whittel & Melton :: Attorney for Man Accused of Accessory to Murder Requests Competency Hearing from Judge

by Whittel & Melton, LLC

One of the defendants allegedly involved in the death of a 15-year-old Belleview, Florida teen is allegedly incompetent to stand trial.

The 38-year-old man’s lawyer supposedly told a judge in a brief pre-trial conference on Wednesday that a psychiatrist asserts the man is unfit to stand trial for the charges of accessory to first-degree murder.

He is accused of helping dispose of the body and enabling one of the suspects to evade arrest by driving him to Starke.

The teenager was allegedly murdered in April by a group of young people ranging in age from 15 to 20.

The lawyer supposedly would not disclose the nature of the man’s condition.

The judge reportedly asked prosecutors to schedule a competency hearing, according to the Ocala Star Banner. After the hearing the judge will decide whether the man is actually unfit or fully competent to face a trial.

It is unknown when the competency hearing will take place.

The accused is currently free on bond.

Criminal behavior has been found to have a direct link to psychological, psychiatric, or mental health in some cases. Defendants with such illnesses or issues must receive specialized attention because their needs can often go undetected in a legal system run by police, prosecutors and judges who are not equipped with the knowledge needed to detect their disorders.

Within the last decade, mental illness has become widely recognized as a gateway to criminal behavior. While the criminal justice system can be intimidating for a defendant who does not have mental issues, a criminal defendant with a mental illness can find the system practically unmanageable unless they have guidance of legal counsel who can understand and display to the court their unique position.

At Whittel & Melton we work with psychiatrists, substance abuse specialists, psychologists and other mental health experts so that we can assist with any special needs you and your loved ones may have. By working with trained professionals, our attorneys can pinpoint any underlying health issues and establish the best method to settle a criminal matter. We can help condense possible exposure to criminal consequences by addressing special circumstances. We seek a long-term solution that will benefit the accused as opposed to a quick fix solution implemented by the prosecution that may actually hinder behavioral health progress.

Published on: November 1, 2011

Florida Police Misconduct Criminal Defense Attorneys Whittel & Melton :: Fort Lauderdale Police Officers Alleged Misconduct Jeopardizes the Outcomes of Numerous Criminal Cases

by Whittel & Melton, LLC

Four Broward County police officers from the Fort Lauderdale Street Crimes Unit are accused of serious misconduct involving dozens of criminal charges that are supposedly now at risk of being dropped or already have been dismissed.

Two of the detectives are accused of stealing cash from drug buyers and sellers, kidnapping a man, and lying about their cases. They are expected to be criminally charged soon, according to the Palm Beach Post.

While they are listed as witnesses against 112 defendants, 86 of whom are charged with felonies, prosecutors only expect to drop the cases where the men are the main witnesses.

According to the Broward Public Defender’s Office’s, 19 suspects have been cleared of felony and misdemeanor charges that relied on the testimony of any of the four officers. The dropped criminal cases supposedly included numerous allegations of trafficking in prescription pain pills, possession of cocaine with intent to deliver, possession of firearms by felons and other lesser crimes.

Prosecutors are allegedly looking into other cases that could be affected.

The four officers have been suspended without pay since April 18. One man was supposedly cleared of any misconduct in October, but he has not been allowed to return to work.

The four officers came under scrutiny after two suspects were charged with possession of crack cocaine with intent to distribute on Aug. 24, 2010 at a hotel in Oakland Park, Florida.

Two officers allegedly signed an arrest form that said they arrested a driver and a passenger after they saw the two men drop crack cocaine on the floor of their vehicle in a hotel parking lot. The same two officers supposedly testified under oath that they handled the arrest and the other two officers showed up later. It was also noted that the two officers testified that they approached the car without their weapons drawn.

According to prosecutors, a video provided by the hotel tells another story entirely, which has supposedly diminished the officers’ credibility. The video allegedly shows that two officers approached the vehicle with their weapons drawn, the driver was in the car alone, the supposed passenger was in the hotel lobby and all four officers were at the scene from start to finish.
Charges against the two men suspected of possessing crack cocaine with the intent to distribute have supposedly been dropped.

When a law enforcement officer is accused of engaging in police misconduct to make an arrest, the facts surrounding charges must be investigated thoroughly in order to best defend the criminal case. Police misconduct such as police brutality, excessive force, or wrongful arrest is a civil rights violation that if caught, can force the prosecution to drop any criminal charges stacked against a victim of police misconduct. Because officers are well aware their careers are on the line, in many instances they will attempt to cover up their misconduct by increasing the charges against a victim.

According to the National Police Misconduct Statistics and Reporting Project, 4,861 claims of police misconduct were reported in 2010 involving 6,613 sworn law enforcement officers and 6,826 alleged victims. An estimated 11 percent of reports of police misconduct involved drugs in some way resulting in 343 officers criminally charged, convicted or sentenced as a result of misconduct involving drug laws. Last year an estimated $346,512,800 was spent on claims of police misconduct that included court costs, attorney fees and judgments and settlements.

It is important to know that Florida law recognizes police misconduct as a valid defense for certain criminal charges. It is crucial to contact the Florida Police Misconduct Lawyers at Whittel & Melton as soon as possible if you believe you were a victim of police misconduct so that you we can uncover any evidence of police wrongdoings before it is destroyed. We can educate you and your loved ones on what steps to take next, including filing a complaint against the officer and possibly pursuing a civil rights lawsuit for financial compensation.

Published on: October 31, 2011

Tampa, FL Assault and Battery Lawyers Whittel & Melton :: Lindsay Lohan’s Father Arrested for Alleged Domestic Violence

by Whittel & Melton, LLC

Michael Lohan, father of actress Lindsay Lohan, was arrested Monday night in Tampa, Florida on suspicion of domestic violence.

Police responded to an alleged domestic violence call at Lohan’s home and arrested him for battery on his live-in girlfriend.

According to police, after Lohan, 51, was taken into custody he started complaining of chest pains. He was transported to a hospital and after checking himself out, he was placed under arrest.

Lohan was arrested in Los Angeles for his involvement in an alleged domestic violence in March where he was charged with one misdemeanor count of corporal injury to a cohabitant.

Allegations of Domestic Violence need to be handled quite carefully because of minimum mandatory sentencing guidelines for charges as well as increased public and media attention these types of cases draw in. Lohan’s celebrity status and previous criminal record could influence how the prosecution chooses to handle this case. Undoubtedly, an experienced Criminal Defense Attorney is needed for any type of Domestic Violence charge due to the extremely sensitive nature and high degree of emotion involved in these cases.

Typical Domestic Violence allegations can include battery, aggravated battery, assault, aggravated assault, stalking, kidnapping, child abuse and violation of restraining orders. Most people think that domestic violence only covers abuse between spouses or partners, but the statutes covering this area of the law are really far more extensive. Domestic violence encompasses charges related to child neglect, elder abuse, stalking, threats, emotional abuse and other types of abusive behavior toward another person. Essentially, any threatening or violent act, regardless of intentions to inflict harm, could be grounds for prosecution under Florida Domestic Violence laws.

Domestic Violence charges can be filed as a misdemeanor or a felony. Ultimately this decision is made by a prosecutor who bases the choice on victim and witness credibility, severity of injuries and the facts surrounding the case. In most scenarios, severe injuries such as broken bones and significant bruises will be charged as a felony. Slight injuries or no apparent injuries are usually charged as a misdemeanor. However, any prior acts of Domestic Violence or a criminal history may have bearing on how the prosecutor chooses to file the case. Consequences associated with a Domestic Violence conviction can range from brief jail sentences, counseling and community service to multiple years in state prison, fines and restraining orders.