Florida Criminal Attorney Blog

Published on: April 16, 2011

Spring Hill, Florida Criminal Defense Attorney :: Drunk Man Found Naked in His Yard Arrested for Breach of Peace

by Whittel & Melton, LLC

The Hernando County Sherriff’s Office arrested a 55-year-old Spring Hill, Florida man for breach of peace and disorderly conduct after neighbors complained he pulled his pants down and urinated in his front lawn. Deputies say the man was allegedly intoxicated and found laying in his yard with his pants around his ankles.

Neighbors told police that the man was wearing jeans, but then he pulled them down to supposedly urinate.

According to the Hernando Today, the neighbors claim they could only see his backside, but were concerned for their small children.

Once deputies arrived at the man’s home he was helped to his feet and allegedly admitted to drinking roughly four beers. He wouldn’t answer why he urinated in his yard.

The man was transported to Hernando County jail with bail set at $250.

The legal definition of disorderly conduct is behavior that rises to the level of a “breach of peace.”Disorderly conduct is committed when a person’s behavior threatens the life or safety of other people. Disorderly conduct can cover a wide variety of behavior such as a bar fight, a loud disturbance in a quiet place or simply irritating a police officer. A disorderly conduct conviction is a second-degree misdemeanor punishable by up to one year in jail and a $1,000 fine. Resisting arrest can sometimes bump the charge up to a first-degree misdemeanor.

Published on: April 15, 2011

Orlando, Florida Criminal Defense Attorney :: Two Pugs Left to Die in Car in Sweltering Temperatures in Altamonte Springs

by Whittel & Melton, LLC

Two Port St. Lucie, Florida women have each been charged with two counts of animal cruelty by tormenting, depriving, mutilating or killing animals after they allegedly left two dogs inside a hot car at the Altamonte Mall on Saturday. Altamonte Springs police said that a mall security officer reported the dogs locked inside the car just after 2 p.m.

When officers arrived at the parking lot one dog was already dead. Firefighters tried to save the other dog, but it had to be euthanized. The dogs were male and female pugs.

According to the Orlando Sentinel, temperatures in Central Florida on Saturday were in the 90s. The pugs were trapped inside a black car, which is a color that police said absorbs heat and worsened the pugs’ situation. The windows were supposedly cracked slightly.

The dogs’ temperature was more than 120 degrees.

Security cameras allegedly show the women left the dogs inside the car one hour and 10 minutes before they were found. It was another hour before they returned to the car.

The women were taken to Seminole County jail and freed on $550 bail each.

According to the ASPCA, it only takes minutes for an animal to suffer from a heatstroke or suffocation when trapped in a vehicle. Unlike humans, animals sweat through their paws and cool themselves by panting. A pet’s body temperature can climb from a normal 102.5 to deadly levels within minutes. Extreme temperatures can injure the nervous and cardiovascular systems, often leaving the animal comatose, dehydrated and in jeopardy of eternal harm or death.

Animal cruelty charges in Florida can range anywhere from civil infractions to felonies. If convicted of an animal cruelty charge, you could be facing monetary fines ranging from $50 to $10,000 and the possibility of jail time. If the animal cruelty charge you are accused of is intentional, you could face a felony conviction punishable by five years in prison.

Published on: April 13, 2011

Inverness, Florida Criminal Defense Attorney :: Citrus County Couple Arrested for Swindling Money from Supermarkets

by Whittel & Melton, LLC

The Citrus County Sherriff’s Office arrested a 25-year-old Lecanto, Florida woman and a 29-year-old Beverly Hills, FL man for scheming to defraud, criminal conspiracy and giving worthless checks.

A deputy arrived at a Publix Supermarket in Inverness, FL after receiving a call from the store manager regarding a woman trying to return purchases made with a check for cash. The manager told the deputy that the checks the woman was using were from an account that allegedly had insufficient funds.

According to the Citrus County Chronicle, the woman and her boyfriend had been buying items at local Publix supermarkets with worthless checks and then going to different Publix stores to return the items for cash.

It is the understanding of law enforcement that an account was opened for $50 on April 1, 2011. Further, the allegation is a total of $530.77 that was written on this account and the total cash refunds were for $167.90.

According to the arrest report, the man and woman took turns making purchases and returning items.

The couple was transported to the Citrus County Detention Facility in Lecanto. Her bond was set at $4,100; his bond was set $3,500.

In Florida, you could face a worthless check charge by writing a check with reasonable knowledge that the check won’t clear or the account has been closed. The charge of Worthless Checks is a first degree misdemeanor carrying a potential jail sentence of up to one year and fines of no more than $1,000. If a single worthless check is more than $150 or multiple bad checks written total more than $150, you will face third degree felony charges with a potential sentence of five years in prison.

Many people bounce checks due to difficult financial situations. Due to a miscalculation of funds or a simple error in balancing their checkbook, people can write checks that bounce and end up facing criminal charges. Under Florida law, unknowingly writing a bad check can be a defense to a worthless checks crime. If the person cashing the check was notified there were insufficient funds available at the time of receipt, this too can be a defense to a worthless check charge and may prevent prosecution under Florida law.

Published on: April 13, 2011

Florida Drug Trafficking Criminal Defense Attorney :: Broward County Sherriff’s Sergeant Charged with Prescription Drug Fraud

by Whittel & Melton, LLC

A 42-year-old BSO sergeant and his wife have been charged with oxycodone trafficking and prescription fraud. Authorities said the sergeant allegedly filled more than 30 prescriptions for oxycodone, OxyContin and hydrocodone between April 2009 and December 2010. His wife allegedly purchased pain-killers more than 30 times between April 2009 and February 2011.

Five doctors have been involved in this case; police said one destroyed his medical records and one is deceased. The other three supposedly had no clue other doctors were prescribing pain pills to the couple.

The Fort Lauderdale sergeant has been suspended with pay as the investigation ensues. He has been with the BSO since 1989.

According to the Associated Press, Florida is the nation’s epicenter of drug abuse because of its lack of prescription drug database.

Oxycodone, also known by its trade name OxyContin, is an opiate doctors prescribe to patients for pain involving a severe injury or for post-surgery recovery. Oxycodone trafficking has been labeled the most serious drug trafficking offense in the state of Florida because of the extreme penalties attached to a conviction. For just a handful of pills, 4 to 14 grams of oxycodone, carries a minimum prison sentence of three years and a $50,000 fine. The possession of 14 to 28 grams of oxycodone carries a minimum of 15 years in prison and a $100,000 fine. If the amount is greater than 28 grams, approximately 75 pills, the minimum sentence a judge can impose is 25 years in prison and a mandatory $500,000 fine.

Oxycodone trafficking carries a maximum penalty of 30 years behind bars. All trafficking offenses are measured by the weight of the drugs. If the weight of the pills is greater than four grams, the charge increases from possession to trafficking.

Published on: April 12, 2011

Florida Criminal Defense Attorney :: University of Florida Basketball Players Arrested for Burglary

by Whittel & Melton, LLC

Two Gator basketball forwards were charged with one felony count of third-degree burglary Sunday for allegedly trying to break into a car in St. Augustine, Florida. A Florida basketball student manager was allegedly acting as a lookout for the men and was charged with principal to burglary.

According to the Gainesville Sun, the two student athletes went into Scarlett O’Hara’s Bar and Restaurant around 2 a.m. saying they lost a wallet. St. Augustine police said that the men tried to get close to a female employee who was counting cash taken in for the night.

Bouncers asked the men to leave the premises. Moments later, the bouncers told police they saw the men attempt to break into a co-worker’s car parked across the street. All three men tried to leave the scene. Two were taken into custody after a brief chase. The other man turned himself into police.

The owner of the vehicle told police that nothing appeared to be missing from the car. The two forwards were taken to jail and released on $5,000 bond.

In Florida, there are three basic types of burglary: structure, dwelling and conveyance. In this case the men are accused of burglary of a conveyance. A conveyance is classified as any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car.

In the state of Florida you can be charged with burglary if you illegally enter any structure, dwelling or conveyance with the intent to commit an offense. Burglary usually occurs when no witnesses or victims are present, while robbery entails the use of force or fear to take another person’s property. The biggest factor in charging decisions on these types of cases is whether or not the house, garage, car, etc. was occupied during the alleged crime.

Published on: April 9, 2011

Brooksville, Florida White Collar Crime Lawyer :: Bushnell Woman Strips In-Laws Bank Accounts to Feed Gambling Habits

by Whittel & Melton, LLC

Hernando County Detectives arrested a 42-year-old Sumter County, Florida woman Tuesday for various theft-related charges which fueled an alleged gambling book of more than $14 million at a Tampa casino over two years. She has been accused of draining six of her in-law’s accounts taking at least $513,535, leaving the elderly couple with nothing.

According to the St. Petersburg Times, the family of the elderly Brooksville couple knew something was wrong when a check to the dentist on the couple’s account bounced. Family members knew that there should be plenty of money to cover the check.

The family spoke with the bank and learned that the couple’s assets — including savings and checking accounts, CDs, annuities, life insurance and retirement funds — had been exhausted. They immediately notified the police.

A five month investigation revealed that the Bushnell woman’s husband had power of attorney over his parent’s finances, but his wife controlled the accounts. The husband supposedly had no clue that his wife deleted his parents’ accounts, transferred funds and used the money to gamble.

Police reports show that the woman spent more than $14 million over two years at the Seminole Hard Rock Hotel & Casino in Tampa. Her winnings’ were around $13 million, leaving her with a deficit of more than $700,000.

She faces charges of exploitation of the elderly, organized scheme to defraud, forgery of checks and uttering forged checks. She was taken to the Hernando County Detention Center with bail set at $64,000.

Forging checks qualifies as bank fraud, a very serious federal and state charge where federal prosecutors often seek maximum penalties. Federal agencies usually conduct extensive investigations to gather evidence against someone for bank fraud, just like this case where investigators spent five months uncovering alleged fraudulent behavior. Forging checks occurs when someone signs a check owner’s name on the bottom of the check and endorses it to be cashed. Forgery can be punished by both federal and state laws, and even the smallest sum of money forged can be classified as a felony.

A conviction for bank fraud can include penalties of 30 years in state prison and fines up to $1,000,000. Check forgery has a definite outcome of fines and restitution, meaning all the money that was stolen must be paid back. If the person cannot pay the full amount back, courts can order the defendant’s assets to be seized and given to the victim. The United States Criminal Code has 45 statutes pertaining to fraud and forgery that the category of banks fraud falls under. Along with federal laws, there are state laws that can be applied to a conviction. A multiple court conviction will likely increase penalties.

Published on: April 8, 2011

Florida Criminal Defense Lawyer :: Mother of LeBron James Arrested for Misdemeanors

by Whittel & Melton, LLC

LeBron James’ mother was arrested for simple battery and disorderly intoxication Thursday morning after a confrontation with a valet at Miami Beach’s Fontainebleau hotel. The 43-year-old woman allegedly hit a valet around 5 a.m.

According to NBC Miami, the woman requested her SUV from the valet who retrieved her car and brought it to the valet ramp. After the car was left running for supposedly 30 minutes while the woman spoke with other hotel guests, the valet turned off the SUV and gave the keys to the valet cashier.

The arrest report shows that the woman came looking for her car a short time later, yelling profanities at the valet. She allegedly slapped the valet across the face with her hand, lost her balance and fell to the ground.

Once police arrived at the hotel, James’ mother was in the car with another woman behind the wheel. James’ mom apparently would not speak to police about what happened, but the other woman told officers they had a verbal argument.

James’ mother was transported to the police station where it was noted she smelled of alcohol and had bloodshot eyes. Police reports show she was apparently uncooperative and refused to have her picture taken. She was released to Miami Heat executive Steve Stowe Thursday morning.

James’ mother was arrested on DWI charges in 2006 in Cleveland while James was with the Cavaliers.

Simple battery is any type of non-consensual, harmful or insulting physical contact with the intention to harm. In order for a person to be convicted of battery there must be proof that the offense was deliberate and meant to impose harm on the other party. There are different degrees of battery, but the charge James’ mother faces is a first-degree misdemeanor punishable by any combination of one year in jail, one year of probation or a fine up to $1,000. Simple battery can range from snatching a person’s wrist to chucking an object at them. The important thing to note on a simple battery charge is that no one has to be injured; un-consensual contact is the only requirement.

Published on: April 7, 2011

Gainesville, Florida Habitual Traffic Violation Lawyer :: Alachua Man Crashes Car Into His Home to Avoid Arrest

by Whittel & Melton, LLC

The Alachua Police Department arrested a man on charges of fleeing and eluding police, possession of cocaine with intent to sell, possession of marijuana, driving while license suspended or revoked, hit and run from an accident scene and resisting an officer. The man ended a police chase by crashing into his own home.

According to the Gainesville Sun, a 20-year-old Alachua man was spotted by an officer driving around 2:30 p.m. on Monday. The officer supposedly knew the man’s license has been suspended and attempted to pull him over.

The man allegedly lead police on a chase ignoring traffic control signs for about 15 blocks.

The man pulled into his driveway and ended the chase by crashing the car into his house. He was arrested in his back yard. The defendant was handcuffed and a search turned up marijuana and cocaine. The accused was taken to the Alachua County jail.

According to the Department of Highway Safety and Motor Vehicles, around 30 percent of Florida’s motoring public is currently under a license suspension, revocation or disqualification. That translates to a whopping 4.6 million drivers that have their license suspended or revoked. A license can be administratively suspended through the DHSMV or it can be revoked through the court system.

In Florida, if you have three convictions for driving while your license suspended, your driver’s license will be revoked for five years as a habitual traffic offender. In 2008 the DHSMV mailed out 22,742 HTO announcements to Florida drivers. Over the course of the last three years more than 20,000 warnings went out.

You can be issued a ticket for driving with a suspended license knowingly or unknowingly.
DWLS knowingly is a criminal traffic offense that can be charged as a misdemeanor or felony. DWLS unknowingly is a civil violation. If someone is arrested for DWLS while on a HTO revocation, they could face a third degree felony punishable by up to five years in state prison.

Published on: April 5, 2011

Gainesville, Florida Criminal Defense Lawyer :: NFL Wide Receiver for the Oakland Raiders Arrested in Alachua County

by Whittel & Melton, LLC

Gainesville Police arrested a former University of Florida football player, Louis Morris Murphy Jr., Sunday morning for three misdemeanors. He was charged with possession of a drug without a valid prescription, failure to obey a police officer and resisting arrest without violence.

Murphy, currently a wide receiver for the Oakland Raiders, was taken into custody just after midnight.

A Gainesville police officer said he saw Murphy’s Cadillac Escalade blasting music and told him to pull over. Murphy allegedly continued driving to a city parking lot, exited the SUV with his passengers and walked away.

The officer flashed his lights and demanded Murphy to stop and identify himself. According to the Gainesville Sun, Murphy refused to show identification and insisted on finding out why he was stopped. After Murphy continuously failed to produce his ID, three officers had to place handcuffs on the 6-foot-2-inch, 180-pound NFL player because he refused to put his hands behind his back.

Officers said that Murphy consented to a search of his vehicle where an alleged non-labeled prescription bottle was found with 11 pills inside, later identified as Viagra. Murphy supposedly could not show a valid prescription for the bottle and claimed to have peeled the label off because he did not want his girlfriend to see it.

This is Murphy’s second arrest in Gainesville. He was arrested in 2006 for possession of less than 20 grams of marijuana. He accepted a plea deal and no jail time was served.

For the drug charge Murphy faces, a defense does exist. It is clearly identified in Florida Statute 893.13. If Murphy’s alleged statement to police about the prescription for Viagra being valid is true, a follow-up with his doctor could clear his charge of possession of a drug without a valid prescription. The statute says that a legitimate prescription for a medication that requires a prescription will undo a charge related to that medication. If Murphy lawfully obtained a prescription for Viagra, past or present, the drug charges could be dropped.

If Murphy’s claims prove false, he could be facing harsh consequences such as a two year driver’s license suspension, civil forfeiture and jail time.

Published on: April 4, 2011

Brooksville, Florida Criminal Defense Attorney :: Hernando County Man Attacks Estranged Wife’s Date with a Chainsaw

by Whittel & Melton, LLC

Central Florida police arrested a 49-year-old Brooksville, Florida man Tuesday morning for three counts of criminal mischief, armed burglary and battery after he used a chainsaw to break into a hotel room and attack a man.

According to the Hernando County Sherriff’s Office, the victim was on a date with the suspect’s wife.

A female deputy arrived at a Best Western shortly after midnight after a 911 phone call was placed reporting a disturbance. The Tampa Tribune reports that a hotel clerk told the officer a man arrived at the hotel carrying a chainsaw and looking for his wife. The clerk would not give the man the information he wanted and left the room.

The clerk supposedly heard loud banging from outside and went to check it out. While in the parking lot he noticed his rear passenger-side door was smashed.

Witnesses allegedly saw the Brooksville man break the window of another vehicle in the parking lot with his fist. The man then ran upstairs and shattered the window of a hotel room and used his chainsaw to break inside.

The chainsaw was apparently not running.

After the man allegedly broke the window he confronted his wife and her date. The man evidently punched his wife’s date three times in the face. The man left the hotel after the battered man called the police.

The battered man’s car window was smashed. He refused medical attention.

The Brooksville man was arrested at his home later where the chainsaw was taken into evidence.

A hotel manager is supplying surveillance footage to police for evidence as well.

The Brooksville man was booked at the Hernando County Jail with bail set at $26, 500.

Criminal mischief, as defined by Florida statutes, is when you willfully and maliciously damage any property belonging to someone else. It can be deliberate or careless, malicious or merciless behavior that results in someone’s possessions being broken or ruined, at some quantifiable cost. The degree of punishment as a misdemeanor or a felony charge depends on the monetary value of the damage.

Along with criminal mischief charges, the man in this case faces charges of armed burglary and battery. Armed Burglary in Florida is a first degree felony punishable by up to life in prison. It is considered a violent crime even if no crime actually occurs. Since the burglary was committed without the use of a firearm the 10-20-Life statute can be implemented, which means a minimum sentence would be calculated under a guidelines score sheet. The charge of simple battery is a first degree misdemeanor which carries consequences of up to one year in county jail, no more than 12 months of probation and up to $1,000 fine, apart from some obligatory excess fees set forth by the Florida legislature.