Florida Criminal Attorney Blog

Published on: October 25, 2011

Brooksville, FL 1st degree Murder Lawyer Whittel & Melton :: Hernando Deputies Shoot Man Accused of Tossing Firebomb

by Whittel & Melton, LLC

Nearly 100 yards from where a Brooksville, Florida woman was bludgeoned to death about a month ago, investigators shot a man in the abdomen.

Five investigators approached the 60-year-old man’s home on Sept. 27 with a search warrant in tow when the man allegedly opened the door and tossed a flaming Molotov cocktail at the deputies and began firing a nail gun at them.

The man was taken to the hospital where he is expected to recover. No deputies were injured by the flames or nails.

The man shot is the father-in-law of a woman who was killed less than a block from his home on Sept. 16. The man is a person of interest in the homicide investigation.

After the alleged firebomb attack, the man was charged with five counts of attempted first-degree murder of a law enforcement officer and three counts of throwing a destructive device with intent to harm a person.

According to the St. Petersburg Times, the Florida Department of Law Enforcement is investigating the shooting. The deputy who fired the shots was placed on administrative leave with pay, which is customary in all shootings that involve a deputy. The four other deputies on the scene supposedly did not fire.

While this man is expected to recover quickly from gunshot wounds, he does face some serious criminal charges that will require the assistance of an experienced criminal trial lawyer from start to finish. In the state of Florida, crimes of violence often carry the stiffest penalties. Since the charges involve law enforcement officers, the man could face a lengthy prison term and a mandatory minimum sentence could be imposed. Moreover, when attempted murder cases involve police officers the State can be more difficult to negotiate with because they tend to be very protective of police, especially if they are wounded.

A person can be charged with attempted murder if that person took steps towards an unlawful killing and had the intent to kill another person. Basically, a prosecutor must prove that the accused had the intent to kill. An Attempted murder conviction carries a maximum penalty of life in prison with the possibility of parole. In situations like these, many times charges are filed for attempted first degree murder when a lesser charge, like assault, is more appropriate. If a prosecutor cannot establish intent, you cannot be convicted of attempted murder.

Additionally, Florida law is very strict about cases that involve weapons. Significant penalties can be enforced for merely possessing a weapon. Oftentimes in criminal cases, a strong defense can evoke reduced penalties, lesser charges or a possible dismissal of all charges. Even if evidence seems to point to overwhelming guilt, a proper demonstration of mitigating circumstances prepared by the Florida Criminal Defense Lawyers at Whittel & Melton can lead to significant decreases in penalties.

Published on: October 24, 2011

Florida White Collar Criminal Defense Attorneys Whittel & Melton :: Jacksonville Man Arrested in Operation Hackerazzi for Allegedly Stealing Nude Photos of Hollywood Celebs

by Whittel & Melton, LLC

Federal authorities arrested and charged a 35-year-old Jacksonville, Florida man for allegedly hacking into more than 50 celebrities e-mail accounts, as well as breaking into Hollywood starlet Scarlett Johansson’s phone and leaking nude pictures of her to the Internet.

He was charged on Wednesday morning with 26 counts of accessing protected computers without authorization, identity theft, damaging protected computers without authorization, and wiretapping.

Other victims included Christina Aguilera, Mila Kunis, Simone Harouche and Renee Olstead.
His arrest was part of a crackdown on hackers who target celebrities called Operation Hackerazzi.

According to the FBI, the man used publicly available data about the celebrities to supposedly hack into their e-mail accounts. He allegedly set a secret forwarding address so that all incoming e-mails would be sent to an account he controlled.

The man is accused of hacking into Johansson’s Yahoo account in December 2010. He supposedly broke into Harouche and Augilera’s accounts at Apple’s Me.com email service a month earlier.

Nude photos of Johansson and intimate portraits of Kunis and Justin Timberlake supposedly appeared online in early September. The man is accused of offering the photos to celebrity-focused blogs. It is unknown if the man tried to sell the pictures.

The U.S. District Attorney’s office in Los Angeles wants the man transferred to L.A. for trial.

This man faces a maximum prison sentence of 121 years. Cybercrime charges like hacking and identity theft require the knowledge of technical computer skills as well as aggressive legal defense skills. Cybercrime charges should be taken very seriously as prosecutors often try and push for maximum penalties. Many charges related to hacking are made in federal court, so it is important to be vigilant in your defense.

E-mail hacking has become quite popular over the last few years because many people receive, send and store personal and private information through their e-mail accounts. According to the FBI Internet Crime Complaint Center, the Internet Crime Complaint Center Web site received 336,655 complaint submissions in 2009 regarding cybercrimes, a 22.3 percent increase compared to 2008 reports. It is important to understand that both state and federal laws govern computer hacking. Hacking crimes entail gaining unauthorized access to private information in order to commit Internet-related crimes such as credit or debit card fraud, identity theft, phishing, vandalism, intellectual property theft and other forms of cybercrime.

As always, early intervention is crucial in obtaining positive results. Different from crimes committed in person, online activity like Internet fraud can be viewed and tracked by other users including police. Computer and Internet crime consequences can include jail, state or federal prison, restitution, fines, probation and even potential loss of employment. The Florida White Collar Criminal Defense Attorneys at Whittel & Melton are available around the clock for a free consultation, so contact us today.

Published on: October 21, 2011

Criminal Defense Attorneys Whittel & Melton Representing Spring Hill – Brooksville :: Hernando County Woman Charged with Operating an Assisted Living Facility without a License

by Whittel & Melton, LLC

The Florida Office of the Attorney General announced the arrest of a Hernando County, FL woman who allegedly operated an assisted living facility without a license.

The woman was arrested Thursday by law enforcement officers with the Attorney General’s Medicaid Fraud Control Unit. The Hernando County Sheriff’s Office assisted with the arrest.

She was charged with one count of operating an assisted living facility without a license, a third-degree felony.

According to Florida State Attorney General Pam Bondi, the case will be prosecuted by the State Attorney’s Office for the Fifth Judicial Circuit.

If this woman is convicted of operating an assisted living facility without a license, she could face up to five years in prison along with a $5,000 fine. In most states, like Florida, assisted living facility programs must be licensed and can only provide select services according to state laws. Likewise, assisted living programs must comply with health and safety laws. State regulations on these facilities are quite strict and rules can range from mandatory locks on certain doors to what ingredients can be used to prepare meals.

Prosecutors in the state of Florida view proper licensing as one of the most important elements in guaranteeing quality care at an assisted living facility as well as nursing homes and group homes, which is why there is a large focus on law enforcement to arrest owners of unlicensed facilities. Licensed facilities must adhere to firm government requirements regarding employment, medication management, and compliance with fire and safety codes. Florida law states that without a proper license it is illegal to provide housing, meals and services for more than 24 hours to adults who are not relatives of the owner or administrator of the assisted living facility.

State officials typically review assisted living facilities at least once a year to ensure there are no violations of laws regarding health and safety. A facility can only be licensed if all health and safety codes are up to par. The State views unlicensed facilities as extremely dangerous and generally pushes for maximum penalties, even though a license does not ensure a facility will not commit neglect or abuse to residents. Many times charges of Medicaid fraud follow an arrest for operating an assisted living facility without a license. It is extremely important to consult with an attorney experienced in these areas immediately following your arrest. It is not uncommon for the attorney general’s office to create criminal charges based on false accusations. Depending on circumstances unique to your case, the Florida Criminal Defense Attorneys at Whittel & Melton may be able to negotiate a positive outcome for your case.

Published on: September 6, 2011

Florida Statewide Criminal Defense Attorneys Whittel & Melton :: Multi-Agency Stings Attempt to Wipe Out Various Crimes in Florida

by Whittel & Melton, LLC

For the past two months, detectives from the Sheriff’s Office Criminal Investigations Division have been pouring much time and effort into long-term investigations that have recently culminated into 41 arrests of men, women and juveniles that filled the Highlands County Jail Friday evening.

The Drug Enforcement Administration, U.S. Marshal, Florida Department of Law Enforcement, Florida Department of Corrections Probation and Parole, and Florida Department of Juvenile Justice teams participated in cases ranging from large-scale narcotics sales and trafficking, to neglect of a child, to grand theft and burglaries as well as lewd and lascivious battery, and even serious weapons charges.

According to Tampa Bay Online, the initiative entailed unannounced compliance checks with sex offenders and predators that are currently monitored by the Department of Corrections.
This undertaking also netted 68 warrants for 163 felony charges from the investigations, 156 juveniles placed under court-imposed curfews and 31 sexual offenders with court sanctions.

By the end of the joint sting, police supposedly seized two vehicles, three firearms, 298.6 grams of marijuana, 288 hydrocodone pills totaling 130.1 grams, 110 Ecstasy pills totaling 35.7 grams, 50 Alprazolam pills totaling 13.2 grams, 4.8 grams of cocaine and $430.

As the above story shows, sting operations cover a varied body of crimes, and because of this, numerous techniques can be implemented by investigators depending on the operations immediate or long-term objective. While some exceptions may apply, generally speaking, most sting operations contain four basic elements:

1. An opportunity or chance for a crime to be committed. This opening is usually crafted or manipulated by officers.

2. Targets a likely offender for the crime at hand, or even an entire group.

3. Some form of trickery, either through an undercover officer or an informant.

4. A climactic effect where incriminating evidence is revealed that ends the operation and yields arrests.

The most defining feature related to undercover stings is when the operation ends with a “caught you” moment and police reveal themselves and catch the offender in the act of committing a crime set up by investigators that is usually caught on video or audio recording devices. The main tactic of these undercover schemes conducted by police is to entice a targeted offender with an opportunity to commit a crime, and then catch them in the act. The person who succumbs to the chance created by police is considered a “willing” offender, even though police construct these situations clearly out of deception.

Most sting operations use a variety of deception techniques to take down targeted possible offenders. A variation of props, techniques and facilitators can be used in an undercover sting such as disguises, false storefronts, professional informers, false advertisements, decoy cars, surveillance and surrogates. Whatever the tactic chosen by cops, sting operations are executed for two general purposes: investigation and to reduce and prevent certain crimes. Most sting operations conducted for investigation purposes are lengthy and are aimed at uncovering extensive fraudulent behavior that involves numerous people. Sting operations that target specific crimes, are more common because they are cheaper to implement and are usually conducted for a set amount of time. It is important to note that many sting operations involve government and non-government agencies in addition to the sheriff’s office. It is not uncommon for federal, state and international organizations to be involved in a local sting, as well as community and business organizations.

If you have been arrested by an undercover officer, you may be wondering if this could be entrapment. The state of Florida provides certain affirmative defenses to those accused of criminal activity. Entrapment can definitely be one of those defenses, and alleges that police officers are responsible for the crime because their behavior caused the offender to commit an illegal act. In order for entrapment to be used as a defense, the accused must admit that they committed the crime they are charged with. The defendant must show that they were swayed by the officer to commit the crime, and then it is up to the prosecution to show whether or not the defendant was predisposed to commit the crime. Entrapment is generally an issue in all undercover operations, including cases involving:

• Online Solicitation of a Minor: Undercover police officers will pose as a child on the Internet in hopes of arranging a meeting for a sexual encounter. If the defendant actually shows up to the meeting, he or she could face a minimum of 25 years in prison.

• Possession of a Controlled Substance with Intent to Deliver: This usually involves an undercover cop purchasing drugs from the defendant.

• Prostitution: This can entail undercover officials posing as prostitutes and offering sexual favors in exchange for money. Some jurisdictions purchase houses for the sole purpose of conducting prostitution stings.

• File Sharing: Investigators can trace the source of pornography, particularly child porn and reveal its source. If a defendant is believed to have shared child porn via the Internet, a case can be brought against them and a search warrant can be gathered to search their home and seize their computer.

The Florida Criminal Defense Attorneys at Whittel & Melton understand how frightening an arrest from a police sting can be. It is important to contact an experienced criminal defense attorney as soon as you think you are under investigation or immediately following your arrest. There could be time after an investigation to keep charges from being filed. Whether you are facing drug trafficking charges to auto theft and burglary, our attorneys can work with any investigating agency involved in your case to prevent the filing of charges. This could be the difference between a criminal record and the life-altering consequences that go hand in hand with a conviction.

Published on: August 17, 2011

Tampa, FL Juvenile Criminal Defense Attorneys Whittel & Melton :: Teen Arrested in High School Bomb Scheme

by Whittel & Melton, LLC

A 17-year-old expelled Tampa student was arrested after police allegedly found the boy in possession of bomb-making materials and a diary with step by step instructions detailing how to carry out a bomb plot supposedly planned for the first day of classes.

The boy was arrested and charged with threatening to throw, project, place or discharge a destructive device.

Police allegedly received a tip about the boy’s supposed plot on the morning of Aug. 16.

Authorities searched the boy’s home and apparently found shrapnel, plastic tubing and timing and fusing devices. A diary was captured by police that allegedly included targeted administrators, drawings of the high school and statements about killing.

According to the Tampa Police Department’s Regional Bomb Team, the amount of materials found in the boy’s home had the potential to have multiple casualties.

Police believe the boy was acting alone.

The boy could face additional charges of possession of bomb-making materials as well as cultivation of marijuana after police supposedly uncovered plants, drug paraphernalia and marijuana in the boy’s room.

According to TBO.com, the boy was recently arrested for burglary with a stolen firearm.

The juvenile was expelled from the high school in Spring 2010 for an unknown off-campus incident. The youth was taken to the Juvenile Assessment Center. It is not yet known whether or not the State Attorney’s Office will charge him as an adult.

With such serious alleged claims found in the young man’s diary, it will be interesting to see what route the prosecution decides to take. Given the boy’s age in combination with the seriousness of the allegations, he appears to have a high chance of being subject to adult court.

After a petition is filed, a judge must decide whether a minor is tried under the juvenile court system or pushed through to the adult criminal justice system. There are many aspects a judge considers before making the decision to transfer a juvenile to adult court, including the youth’s previous criminal record, whether the alleged offense was violent or carried out with intent, the seriousness of the crime in combination with the community’s safety, whether or not any victims were physically injured, the maturity of the juvenile and finally, if the juvenile would be better rehabilitated through the juvenile system or through the resources available in adult court. The juvenile justice system’s main focus is on rehabilitating a minor accused of a criminal offense and is partly based on the adult criminal justice system. The adult court system is intended simply to seek justice for the victim and punish the offender.

In serious cases, such as crimes of violence where a weapon was used, prosecutors will most likely attempt to waive up a youthful offender to adult court which will expose the minor to adult treatment and penalties. In Florida, a person that threatens to throw, project, place or discharge a destructive device, such as a bomb will be charged with a second-degree felony. The punishment for a felony of this caliber could result in up to 15 years in prison.

It is important to remember that a juvenile offender has the same rights as an adult accused of a crime. The right to remain silent, the right to legal counsel and the right to cross-examine witnesses are included in these legal rights. The educated Florida Criminal Defense Lawyers at Whittel & Melton can best direct you on how to fight for your child to remain in the juvenile court system.

Published on: July 25, 2011

Spring Hill, FL Drug Crimes Defense Attorneys Whittel & Melton :: Drug Sting at Hernando Pain Management Clinic Totals 100 Arrests

by Whittel & Melton, LLC

Nearly 40 more people were arrested this month from three Florida counties in the second round of arrests from an October drug sting at a Spring Hill pain clinic called Operation Glory Daze.

The public information officer for the Hernando County Sheriff’s Office confirmed the total number of arrests for the sting operation is now up to 100.

Three of the suspect’s arrested are accused of signing for pain pill prescriptions using fake doctor’s notes. Their bail amounts totaled almost $2 million.

A 40-year-old Spring Hill man was charged with fraud and trafficking with bail set at $1.21 million. Two men from Weeki Wachee, ages 36 and 50, were arrested for similar charges; their bond is set at $505,000 and $105,000.

One Weeki Wachee man was allegedly caught with 240 pills on his person, but had supposedly signed for 900 since February 2010. The other, allegedly signed for 540 pills and was reportedly caught with 270 pills.

Reports indicate that both Weeki Wachee men have been arrested on trafficking charges in the past.

Being charged with drug trafficking in the state of Florida is a serious matter. Not only is this crime a felony drug charge, but if you are convicted you are facing substantial prison time due to Florida’s minimum mandatory sentencing guidelines. Minimum mandatory sentencing cannot even be changed by a judge who deems the prison term inappropriate for the crime, so it is imperative that you contact a skilled Drug Crimes Defense Attorney at the slightest suspicion you are being investigated.

Most defenses to drug crimes are centered on how contact was first made between you and the police and the terms of drug evidence seizure. Police procedure in drug crimes must be followed precisely; otherwise the charges can be dropped. The drug charges you face could be dismissed if police used an illegal wiretap, lacked sufficient evidence to link you to the drugs in question or if a proper warrant was not obtained.

In some cases, police make drug trafficking arrests from undercover sting operations. At Whittel & Melton, our team of lawyers is comprised of former State Prosecutors and Retired law enforcement that have worked on sting operations previously. We can honestly evaluate the State’s case against you and build your defense according to the prosecution’s strengths and weaknesses.

Published on: July 15, 2011

Tampa, Florida Murder Defense Attorneys Whittel & Melton :: Tampa Woman Charged with Homicide of Elderly Man and Armed Robbery

by Whittel & Melton, LLC

A 21-year-old woman has been accused of murdering an 83-year-old man found dead in a motel room in Tampa. She faces charges of first-degree murder and armed robbery and as of Saturday, she remained in the Hillsborough County Jail.

According to police reports, someone dialed 911 to report an elderly man deceased in a motel room. The only information released is that the man was found Friday with “upper body trauma.”

The victim has yet to be identified. It is also unknown whether the woman has retained legal counsel for the charges she faces.

With so few facts being released about this case, it is hard to expound on the predicament this woman faces. Generally speaking, first-degree murder is considered a Capital Offense in Florida with the possible punishments being quite severe; the death penalty or life in prison without the possibility of parole. With that said, any time someone is accused of murder, it is extremely important to contact a Florida Criminal Defense Attorney to start investigating your case immediately. Your rights can be best protected once you have an attorney with the highest caliber of professionalism on your side.

The killing of another human being can be justified as excusable homicide if a few circumstances can be proved: the killing took place due to an accident carried out by a lawful act and without any unlawful intent, the killing was the result of a mishap in the heat of the moment following ample provocation or the killing came about due to an unexpected attack that was not carried out in a cruel and unusual manner with no dangerous weapon used. Under Florida law, justifiable homicide can be a defense to first-degree murder if a party is killed while you were resisting someone attempting to kill you or commit a felony against you. Self-defense can also play a part in a murder defense, if the use of deadly force can be justified.

If you have been arrested for first-degree murder in Florida and are thinking of defending yourself or are contemplating accepting the legal aid appointed to you, please call the Florida Criminal Defense Lawyers at Whittel & Melton today. We can offer you a free consultation and will not falter in our attempts to guide you through the best possible course of action that can be taken for your distinct situation.

Published on: July 13, 2011

Pasco County Criminal Defense Lawyers Whittel & Melton :: Police Searching for Man Allegedly Involved in Wesley Chapel Shooting

by Whittel & Melton, LLC

A Zephyrhills, Florida man is being sought on a charge of attempted second-degree murder by the Pasco County Sheriff’s Office for his supposed involvement in an alleged playground shooting in Wesley Chapel. This marks the third shooting to occur in the Wesley Chapel, FL area within about a week.

According to investigators, the 30-year-old man allegedly shot a 20-year-old in the stomach after the pair met at a community playground on June 28 for a prescription drug deal. The victim suffered wounds to his abdomen.

The man sought was arrested earlier last month for a marijuana charge and was released the following day after posting bond. Records show the man served prison time for cocaine and grand theft charges.

A day before the playground shooting occurred, a Wesley Chapel man was shot in the face while allegedly selling prescription medications from his house. A masked man supposedly entered the man’s home and shot him; the man’s injuries were not believed to be life-threatening. No arrests have been made regarding this incident, reports show.

In another shooting that occurred on June 21, a 29-year-old man has been arrested and charged with attempted second-degree murder and aggravated assault. The man allegedly shot three rounds at a moving vehicle after an argument took place at a neighborhood basketball court. His bail was set at $350,000.

Attempted second-degree murder is a serious offense; along with hefty time behind bars you could have an attempted murder conviction on your record. In the state of Florida, attempted second-degree murder is considered a second-degree felony that carries a maximum penalty of 15 years in prison. However, if a firearm is used in the charge of an attempted second-degree murder, the penalties increase drastically. A gun escalates the charge to a first-degree felony punishable by a maximum of 30 years in state prison if the gun is discharged. This includes a mandatory minimum of 20 years in prison under Florida’s 10-20-Life.

Attempted second-degree murder can be difficult for the State to prove all the elements associated with the crime, which makes some cases very defensible. To prove the crime, the prosecution must show the actions of the accused were dangerous enough to cause the death of another, not that the accused had the intent to kill. In many scenarios attempted second-degree murder is overcharged; the experienced Criminal Defense Lawyers at Whittel & Melton will work to lower your charge. Some cases can be reduced to aggravated assault or misdemeanor battery. The facts of every case are different.

Remember self-defense laws can apply and protect you from an attempted second-degree murder charge. Florida’s law of Stand Your Ground says that you have the right to protect your life or the life of another if you have the reasonably belief either is in danger. This can include using lethal force if you feel you have no other way of protecting yourself or another.

Published on: July 12, 2011

Casey Anthony Not Guilty Verdict Angered Many :: If You Feel Angry and You Watched the Trial…Please Read This

by Whittel & Melton, LLC

My very first job as a lawyer in Florida came by way of an interview with a prosecutor, whom I later learned was one of the greatest prosecutors in Florida history. I am honored to have known him and worked in the same building for a short time. Since retirement, he wrote an opinion piece about the Casey Anthony verdict which is excellent, I hope you will read it.

This is better and more authoritative than anything I could pen. (This was originally posted by a fellow lawyer in Miami, Thanks for sharing David)

IN DEFENSE OF THE JURY (Miami Herald, July 10, 2011)

Published on: June 6, 2011

Lakeland, Florida Pornography Defense Attorney :: Lake Wales Couple Arrested for Promoting and Distributing Porn from Their Home

by Whittel & Melton, LLC

The Polk County Sheriff’s Office arrested a Lake Wales couple after a three month investigation was concluded Friday that allegedly confirmed the pair was filming and distributing porn from their home. A Polk County judge deemed the pornographic videos as obscene material under Florida law.

The couple was charged with a slew of misdemeanors including, six counts each of wholesale promotion of obscene material, distribution of obscene material ad selling obscene material. The woman was charged with felony wholesale promotion of obscene material.

The investigation began after investigators allegedly received tips the 55-year-old woman was making and distributing porn from her home. The investigator supposedly paid the membership fee of $19.95 to gain access to the woman’s web site where videos of her having sex with women and men were available to view. Some of the woman’s clothing worn in the films was available to purchase on the site as well.

A police report indicates that the woman posted on Twitter about some of her sexual escapades.
The woman’s 58-year-old husband allegedly told police he filmed the videos and over the past four months had made around $2,800.

The woman was set to be released from the Polk County Jail Saturday night after posting $7,500 bond. Her husband remained in jail.

Obscenity, under Florida law, refers to uninhibited sexual activity that is visible to the public, accessible and offensive in nature. Art generally does not fall under the obscene category unless it can be classified as pornography. To prove obscenity, three areas must be proved; the work in question is explicitly sexual, the average person would find the material in question offensive using community standards and the material contains no scientific, literary or artistic value other than explicit sexual content.

Obscenity charges are usually misdemeanors, but can be charged as a felony in some cases especially when the material displays a minor or is provided to a child. Judges will typically impose hefty fines or order the individual charged with counseling, but jail time, community service and property forfeiture can also be consequences of an obscenity charge.