Florida Criminal Attorney Blog

Published on: May 11, 2011

Florida Drug Arrest Lawyer :: Tampa Bay Buccaneer Arrested, Again – Alex Magee Charged with Misdemeanor Possession of Marijuana

by Whittel & Melton, LLC

Tampa Bay Bucs defensive end Alex Magee was charged with possession of marijuana Monday afternoon after being pulled over for an expired tag. During the traffic stop, police reportedly smelled marijuana coming from the interior of Magee’s 2009 Black Dodge Charger and after searching the vehicle a misdemeanor amount of field test positive marijuana was found.

Magee was charged with possession of marijuana and having an expired tag of more than six months. Magee was released with a citation due to the offense being classified as a misdemeanor.

The Duquenois-Levine test is widely used by detectives to determine if a suspected substance is a positive match for marijuana. The test is easy to administer and results are determined through chemical color reactions. An officer performs the test by placing a particle of the substance in question on a micropipette of chemicals, if the chemicals turn purple then marijuana is a possible culprit. While the tests are simple and keenly looked upon by law enforcement agents, results can return false positives which can result in unfortunate arrests.

A large number of marijuana arrests occur after a vehicle is stopped for traffic violations. Many times the officers who pull you over for traffic infractions are street cops that are not veteran law enforcement agents or narcotics detectives who have the knowledge of conducting a lawful search of your person or vehicle. How an officer finds any amount of suspected marijuana is crucial information in a drug charge because if the search was illegal, oftentimes the charges can be dropped.

Published on: May 6, 2011

Brooksville, FL Child Neglect Attorney :: Father of 2-Year-Old Arrested after Neighbor Finds Child Sitting in the Street

by Whittel & Melton, LLC

The Hernando County Sheriff’s Office arrested a 22-year-old dad Sunday on a charge of child neglect after he allegedly left two small children alone. A neighbor found a 2-year-old child sitting alone in the street and a deputy found a 10-month-old baby asleep alone on a couch inside the man’s home.

The neighbor took the 2-year-old and called the police when the parents could not be located. The child was not wearing shoes and supposedly told police that he sat down because his feet were burning.

According to police reports, the father returned home about 35 minutes after the deputy found the sleeping baby alone. He told the deputy he had been at a neighbor’s for about 10 minutes.

The National Child Abuse and Neglect Data System reported that approximately 1,760 children died of an injury caused by neglect or abuse in 2007. Nearly 600 of those deaths were the result of child neglect alone.

In Florida, child neglect is defined as depriving a child of food, shelter, clothing or medical care, supervision or even the mishandling of child support money. When deprivation or the state of a child’s environment causes the child to become emotionally, mentally or physically impaired, Florida also considers this child neglect. The crime of child neglect is considered a felony of the third degree in Florida. If convicted of child neglect, the penalties can include up to five years in prison, up to five years of probation and up to $5,000 in fines.

Published on: May 4, 2011

Bartow, Florida Criminal Defense Attorney :: Polk County High School Teacher Tasered and Arrested for Drug Possession

by Whittel & Melton, LLC

Police pulled over a 33-year-old high school teacher Monday for a traffic stop shortly before 11 a.m. and observed a plastic bag in his mouth after talking to him. The man allegedly refused to cooperate with police by showing them what was in his mouth so he was shot with a Taser stun gun, which supposedly caused him to spit out five individual bags containing marijuana, the weight totaling 4.7 grams.

The man is an 11th and 12th grade teacher at Bartow High School, assigned to teach International Baccalaureate and Advanced Placement students. He was on probation for reckless driving involving alcohol and is now charged with possession of marijuana, violation of probation, and resisting an officer without force or violence.

A conviction for any drug-related offense, such as possession of marijuana, will result in an immediate and automatic two year suspension of your Florida driver’s license. This is done regardless of whether your arrest was driving-related. Also known as weed, cannabis or pot, marijuana possession of any amount in Florida is a crime resulting in misdemeanor or felony charges. Marijuana possession of less than 20 grams, equivalent to one ounce, is a first degree misdemeanor. Possession of anything more than 20 grams is a third degree felony.

A conviction for a misdemeanor possession charge carries a combination of penalties of one year in jail, one year probation or a fine up to $1,000. If convicted of a felony possession of marijuana, the crime is punishable by up to five years in prison, five years probation or a fine up to $5,000.

Published on: May 3, 2011

Florida Outstanding Warrant Criminal Attorney :: “Flavor Flav!” Arrested for Outstanding Warrants…”Yea Boy!”

by Whittel & Melton, LLC

The hip-hop celebrity known as Flava Flav was arrested in Las Vegas Friday after being pulled over by police for a traffic violation. After police ran his name through the system they supposedly found that there were four warrants out for his arrest.

Flav’s real name, William Jonathan Drayton Jr., allegedly had outstanding warrants for parking violations, driving without proof of insurance and two cases of driving without a license all within the Las Vegas area.

According to TMZ.com, Flavor Flav was arrested at 10:57 p.m., taken to a nearby jail, booked and eventually released. He has yet to comment on the arrest.

If you have an outstanding warrant for your arrest in the state of Florida it is important to be aware that you could be arrested at any time. With online databases being linked within law enforcement agencies and with innovative license plate scanning technologies, or just the vindictive neighbor, an ex or even a drunk “friend,” you don’t even have to partake in suspicious criminal activity to be found. The problem with old warrants is if you go into custody on them you may sit for two to three weeks before any law enforcement decides whether or not they’d like to send for you. Best bet – if you have a warrant, contact a skilled criminal attorney immediately to handle them, before you wind up in a jail cell waiting for some Sheriff to decide what to do with you.

The Florida courts look much more favorably on people who are attempting to amend past legal troubles as opposed to those who run from or ignore these issues.

Published on: April 29, 2011

Pinellas Criminal Defense Attorney :: “It’s technique!” Former Employee Accused of Stealing $600,000 from “America’s Personal Trainer” Tony Little

by Whittel & Melton, LLC

An ex-employee of St. Petersburg, FL resident Tony Little was arrested Friday on a charge of grand theft of $100,000 or more. The 50-year-old Pinellas Park, Florida man supposedly told police that he was heavily involved in online horse wagering, but did not indicate where the missing money went. He is accused of stealing nearly $600,000 from the ponytailed fitness guru.

Little supposedly noticed financial flaws last year and was planning to fire the man accused of grand theft who oversaw his Pinellas Park companies’ finances. According to the St. Petersburg Times, Little was unhappy with the man and set up a meeting for July, 27, 2010 where he was to let the man go. The man accused allegedly sent an e-mail to Little before the meeting took place, saying he quit.

Upon hiring a new accountant, major foibles were found and an official complaint was filed with Pinellas Park police. The alleged fraud started in August 2009. According to police, over the course of 11 months 152 checks were fraudulently drawn from three of Little’s holdings with a grand total of $583, 379.

Most of the money went into bank accounts allegedly controlled by the accused. Little said his name was forged on all those checks.

The accused was released from the Pinellas County Jail on Monday after posting $150,000 bail. He entered a plea of not guilty and was appointed a public defender.

There are three degrees of grand theft in the state of Florida. The degree of the crime and the penalties that go along with it increase based on the value of the property taken. In this case, the man accused was charged with grand theft of the first degree. This is committed when the value of the property taken is more than $100,000 or is shipping cargo worth more than $50,000. Grand theft of the first degree is a first degree felony punishable by a minimum sentence of 21 months in prison(assuming no aggravating circumstances or priors), a maximum sentence of 30 years in prison, 30 years probation or fines up to $10,000.

Florida operates off of the Criminal Punishment Code scoring system to establish the minimum permissible sentence for all felony crimes. Under the CPC, every felony offense is allocated an offense level between 1 and 10. These numbers carry a point value where the more severe the crime equals an elevated offense level. The point value for a person’s crimes is added together and if the number equals more than 44 points, the person faces mandatory prison time. A person is eligible for parole if the number is less than 44 points. Mandatory prison time through CPC is referred to as scoring prison. In Florida, grand theft of the first degree has a ranking of a level 7 offense under the CPC.

Published on: April 27, 2011

Florida Juvenile Criminal Defense Attorney :: Sarasota Teen Charged with the Murder of Two British Tourists

by Whittel & Melton, LLC

A 16-year-old Sarasota, Florida teen was taken into custody on Sunday, April 17, 2011 for his involvement in the shooting of two British tourists on holiday from England. He was jailed and charged with two counts of murder.

According to BayNews9, the tourists, aged 24 and 25, were killed Saturday morning at The Courts public housing project in the 1700 block of Carver Court in Sarasota, FL. Officials have not determined why the tourists were at the location, which is in an area of town police known to be problematic.

Detectives said the tourists were staying at a hotel on Longboat Key, around 12 miles from where they were shot. The shooting happened just before 3 a.m.

The 16-year-old male arrested for the crime lives in the neighborhood the shooting took place and has a previous record. A few weeks ago he was arrested for aggravated assault with a handgun.

Officials believe that others were involved and are continuing their investigation. Prosecutors will decide of the boy will be tried as a juvenile or an adult.

The state of Florida’s approach to juvenile crime differs in its approach to adult crimes. The ambition for the juvenile court system is not as much to punish but to rehabilitate the juvenile. Criminals sentenced as juveniles can be placed under house arrest or in a juvenile detention center. This is not the same as prison, but more of a passing short-term detention where the juvenile can be given direction, education and mental health or substance abuse services from certified juvenile crime specialists.

For murder offenses, Florida courts have the diplomacy to sentence juveniles to life without parole. When the court believes an offense is too serious for fleeting confinement, the child is sentenced as an adult and sent to a prison with other adult inhabitants. The judge typically has to give a reason for transferring the juvenile to an adult court to be tried as an adult, but not always. As a courtesy, the court sometimes holds the juvenile in the detention center until he receives a sentence as an adult. The court may also impose holding the child until reaching a certain age, usually 19, for transfer to the adult facility.

Published on: April 26, 2011

Ocala, Florida Criminal Defense Lawyer :: Marion County Convicted Felon Jailed for Elderly Abuse and a Slew of Other Charges

by Whittel & Melton, LLC

A 29-year-old Ocala, Florida man was booked into Marion County jail shortly before noon on Thursday on charges including elderly abuse, theft from a person over 65 and possession of a firearm by a convicted felon. The man allegedly admitted to locking up an older man on his property and kicking him out of a car and leaving him injured on the side of the road.

According to the Ocala Star Banner, a Sherriff’s deputy went to Ocala Regional Medical Center on April 5, 2011 to interview a 70-year-old man who told the official that he and his 40-year-old wife of 18-years had moved to Ocala in October 2010. The man was supposedly taken to Shands at the University of Florida in Gainesville in January, where he was treated for a medical condition and then released to a nursing home.

The man’s wife allegedly removed him from the nursing home later that month and moved him into a shed in Ocala, which he said had no running water.

The man supposedly told police his wife handled his money and had exchanged his debit card and food stamp card to the 29-year-old Ocala man for his living in the shed. The elderly man said his wife has a drug habit and the Ocala man is an alleged drug dealer.

The elderly man’s wife was stopped by police in February for a traffic violation where she was arrested on a violation of probation warrant out of Maine. She was extradited to that state.

The elderly man told police that once his wife was gone the Ocala man supposedly held him hostage and threatened him with a firearm. The elderly man said that on one occasion he requested his debit card and food stamp card back from the Ocala man while riding as a passenger in his car. The Ocala man allegedly became so angry he stopped the car, pushed the elderly man out, poured beer over his head and left him on the side of the road.

A passer-by saw the elderly man in the road and took him to a nearby store. The police were called and he was taken to ORMC. The elderly man was unable to identify the Ocala man by his real name and did not know the exact location of his home. The elderly man later identified the Ocala man through a photographic line up.

A search warrant was obtained for the Ocala man’s home where police found items such as a gun and some drugs. The Ocala man allegedly admitted locking the elderly man up on the property, and kicking him out of a vehicle.

He was arrested and officials say there could be more charges pending.

If you are a convicted felon in Florida, your right to bear arms is restricted and it is unlawful for you to possess a gun. If you were convicted outside of Florida of a felony that carried a sentence of one or more years behind bars, you cannot gain eligibility to possess a gun in Florida. Additionally, if you were convicted as a minor of an act that would have been a felony charge had you been tried as an adult, you cannot own a gun. If you are found to have a firearm in your home, vehicle or on your person, you could face prison and parole violation charges.

Under Florida Statute Section 790.23, a prosecutor can challenge that you possessed a firearm or weapon either through actual possession or constructive possession. Actual possession means that the firearm was found on your person, while constructive possession is when a weapon was found in your house or vehicle. The charge of felony possession of a firearm is a third degree felony punishable by up to five years in prison. Likewise, if the prosecutor can prove actual possession then the offense carries with it a three year minimum mandatory prison term.

Published on: April 22, 2011

Orlando, Florida Criminal Defense Attorney :: Big “O” Charged with a Big “A” – Assault At a Weekend BBQ

by Whittel & Melton, LLC

Police arrested former NBA center, Oliver J. Miller, Tuesday for allegedly striking a man in the face with a handgun at a cookout over the weekend. He was charged with two counts of first and second degree assault.

Miller, 41, faces charges of assault, reckless endangerment, disorderly conduct and other related charges. Police were called to the cookout on Saturday around 8 p.m. after witnesses said Miller pulled out a Glock handgun and struck a 32-year-old man in the face.

The Big “O” was a first round draft pick for the Phoenix Suns in 1992 out of the University of Arkansas. He has since played for no less than 18 professional teams around the world, including the Harlem Globetrotters.

According to the Baltimore Sun, the man was taken to Anne Arundel Medical Center for injuries not considered life-threatening.

Many assault charges trace back to fights that got out of control. If you are arrested for assault it does not mean that you started the fight, many times it simply can mean that the other person called the police first. When you are arrested for aggravated assault you face serious felony criminal charges. Aggravated assault is a second-degree felony that is defined as a crime of violence. This felony charge is a violent act that causes bodily harm or permanent disfigurement or disability to the injured party. Under Florida law, felony assault can be charged when a deadly weapon is used. The use of a firearm in any assault case can elicit prosecution under Florida’s 10-20-Life statute. Use of a firearm can also increase the degree of felony that is charged.

Published on: April 20, 2011

Florida Drug Trafficking Defense Attorney :: Inverness, FL Doctor Accused of Trafficking Prescription Pills

by Whittel & Melton, LLC

A Homosassa, Florida family doctor described by police as a drug dealer with a medical license and a lab coat was arrested Tuesday and charged with two counts of trafficking in hydrocodone and one count of criminal conspiracy to traffic in hydrocodone. The 71-year-old doctor of osteopathy was taken into custody at his family practice where he voluntarily forfeited his medical license to the Drug Enforcement Administration.

According to the Citrus County Chronicle Online, the doctor’s bail was set at $1.5 million and the investigation is ongoing. If convicted of any of the crimes, just one of the counts could carry a sentence of over 20 years. At 71, this would be tantamount to a life sentence.

Police supposedly recovered 9,000 pills from the doctor’s office, but believed there should have been around 18,000. Since January 2010, law enforcement believes he has been responsible for dispensing about 42,000 pills. The Department of Health investigated into the doctor’s past records and believes 300,000 pills with a street value of $1.8 million were; sold since 2005.

The doctor allegedly sold the pills to street-level dealers who then sold the pills for as much as $5 to $6 each. The Citrus County State Attorney’s Office and the Florida Department of Law Enforcement were able to make multiple undercover controlled purchases of prescription hydrocodone pills throughout the county. Of the thousands of pills exchanged during these transactions, they were all allegedly tracked back to the Homosassa doctor and his medical offices.

A FDLE Special Agent said that the Tampa Bay region leads the state in the number of deaths linked to prescription drugs. Though the region only accounts for 17 percent of the state’s population, it accounts for 29 percent of the prescription drug deaths in the state.

Police said this is a unique case because the doctor involved was not a pain management doctor.

In most drug trafficking cases in Florida, criminal prosecutors usually file conspiracy charges along with trafficking charges in an attempt to seek convictions for both drug trafficking and an agreement to traffic drugs. To be convicted of conspiracy, the crime does not actually have to be completed. The most essential aspect of conspiracy is that two or more individuals come to an agreement or an understanding thus entering into a criminal venture. Conspiracy ends once an act advances the crime and the participants complete the criminal endeavor or someone extracts themselves from the situation.

Proving drug trafficking requires substantiating possession with the intent to dispense a controlled substance. Sentences are determined through the weight value of the total pills in question. A trafficking charge of hydrocodone at minimum is a three year sentence with a fine of $50,000 and a maximum of 25 years in prison plus a fine of $500,000.

Published on: April 19, 2011

Florida Criminal Entrapment Defense Lawyer :: Polk County Undercover Prostitution Sting Operation Arrests 60 to be Prosecuted in Bartow, FL

by Whittel & Melton, LLC

Lakeland, FL – Detectives have arrested 36 women and 24 men, including a Disney worker and a teenager who towed her baby along, for soliciting another for prostitution, deriving proceeds from prostitution, or aiding and abetting prostitution. Detectives captured everything from the Central Florida bust dubbed “Operation Curtain Call” on film, from the accused prostitutes stripping to their arrests.

Detectives targeted online escort services promoting prostitution. According to the Polk County Sherriff’s Office, these online sites provide the means for prostitution to occur. Detectives were involved for a one-week investigation where officers posed undercover, surfed Internet websites and solicited escort services for anywhere between $50 to $700 each time.

According to WFTV, only one person arrested was from Polk County. The others came from Central Florida or out of state. The Polk County Sherriff’s Office said some came alone in taxis, some car-pooled and some even let their children tag along and arrived with condoms and even STDs. Detectives allegedly arrested people from all walks of life including a 15-year-old prostitute with her infant child, a five months pregnant woman, a school bus driver, pimps, gang members and a transgender male.

Police said they supposedly witnessed a 15-year-old mother show up to the house where the sting was taking place with her 2-month-old baby and gang-affiliated boyfriend. They supposedly waited in the car while the teen allegedly turned tricks inside. The baby was taken into custody by the Department of Children and Families.

Detectives said the suspects came from Michigan to Miami to visit the undercover sex sting operation. The last time the Sherriff’s office conducted a bust like this Craigslist ended up shutting down the escort service portion on its web site.

Prostitution busts like these are conducted all the time in Florida due to the many escort services that advertise all over the Internet. However, there is a fine line between legal behavior, such as stripping and dancing, and illegal prostitution. In these types of stings, police visit these sites trying to target all kinds of activities that can lead to an arrest for prostitution or a related offense. In most instances there will be a meeting setup at a hotel or house where every bit of the encounter will be video recorded. When there is enough evidence of prostitution an arrest will be made. This means the prostitute and anyone who tagged along to the location will be taken into police custody.

The crime of prostitution is pretty straightforward, but a person can be charged with aiding and abetting prostitution if they transport someone to a scene knowing illegal behavior will transpire. The state must prove that the driver knew the person they were driving was going to be dropped off for prostitution. Any money exchanged between the driver and the suspected prostitute can only strengthen the charge. A person convicted of prostitution or a related prostitution offense for the first time could face a misdemeanor punishable by up to a year in jail. A third conviction or more is a felony carrying a maximum sentence of five years in prison. If any offense brought against you involves a minor, the prostitution crime is punishable by up to 15 years in prison.