Florida Criminal Attorney Blog

Published on: April 4, 2011

Hudson, Florida Juvenile Criminal Defense Lawyer :: Pasco County Teenager Charged with Rape at Fivay High School

by Whittel & Melton, LLC

A 17-year-old male was arrested Wednesday by Pasco County police for involuntary sexual battery on a teenage girl. The alleged rape occurred at Fivay High School in Hudson, Florida.

The girl told police that the teenage male sent her a text in November to meet him near a boy’s restroom in the high school. The girl said the male pulled her into a boy’s bathroom stall and raped her.

According to BayNews9, the teenager denied any sexual contact with the girl and provided saliva samples for DNA testing to investigators. Testing revealed that his DNA was on the pants the girl was wearing the day of the alleged rape.

The teenager later told police that he lied about not having sexual relations with the girl, but said he did not have sex with her in the alleged time or place of the reported incident.

The teen’s name has not been released as he is not being tried as an adult.

Florida has very strict penalties for teens convicted of sex offenses. Many times sexual offenses allegedly committed by a juvenile are denied bond because of the serious nature the juvenile court system upholds. Juvenile cases are handled quite differently than adult criminal cases; the biggest difference being that juveniles are not given due process. Juvenile cases are heard by a judge who determines the punishments without a jury.

The laws in Florida regarding sex crimes vary by the degree of the crime committed. Penalties for a misdemeanor sex crime could entail jail time of less than a year or probation, a fine, and community service. Penalties for a felony offense, such as sexual battery, can include a lengthy prison term and lifetime registration as a sex offender. The most serious penalty for committing a sex crime as a juvenile is the possibility of registering as a sex offender for life. Any Juvenile 14 years of age or older found guilty of committing, attempting, soliciting or conspiring to commit sexual battery, lewd and lascivious battery and lewd and lascivious molestation are required to register within the Florida database.

Published on: April 1, 2011

Bartow, Florida Criminal Defense Lawyer :: Motocross Champ James Stewart Arrested for Impersonating an Officer

by Whittel & Melton, LLC

Orlando Florida Highway Patrol arrested two-time Monster Energy Supercross star James “Bubba” Stewart of Bartow, Florida Monday night after he tried pulling over two off-duty highway patrol officers while pretending to be a police officer.

The arrest affidavits show that 25-year-old Stewart was arrested with his friend, a 44-year-old man from Corona, California.

The Associated Press reports that Stewart had red and blue lights on the dashboard of his truck when he attempted to pull over two off-duty troopers who identified themselves. Stewart sped off after realizing the men were law enforcement.

The troopers called authorities and Stewart and his friend were stopped and arrested at the Orlando International Airport.

Both men allegedly agreed to talk with the arresting officers. Stewart supposedly admitted he activated the lights and his friend shared he hid them in his backpack when officers pulled them over. Stewart said he got the lights at a flea market.

Stewart’s friend was charged with tampering with evidence, a third-degree felony. Stewart’s charge is a first-degree misdemeanor.

Both men were transported to Orange County jail where they posted cash bonds and were
released.

In Florida it is illegal to deceitfully pretend to be a police officer, a federal officer or employee or any other public official. Although the laws vary from state to state, Florida considers it a crime to use paraphernalia used by law enforcement officers, such as the red and blue flashing lights Stewart used to flag down the troopers. It is also a crime to flash a fake police badge and possession of a firearm could enhance the penalty for false impersonation of a police officer.

Tampering with evidence is the deliberate and planned physical exploitation, demolition or fabrication of evidence pertinent to a criminal case or investigation. This charge is very important to the ethical standing of the court and often results in at least third degree felony penalties. Possible consequences for a tampering with evidence conviction include possible jail time, probation or parole, restitution and community service.

Published on: March 31, 2011

Tampa, Florida Criminal Defense Attorney :: Tampa Bay Buccaneer Aqib Talib and His Mother Arrested for Connection with Shooting in Texas

by Whittel & Melton, LLC

Texas police arrested Tampa Bay Buccaneers cornerback Aqib Talib Tuesday for his connection with a shooting last week in Garland, Texas. The 25-year-old football star will be charged with aggravated assault with a deadly weapon.

Talib’s mother turned herself in Tuesday morning and was charged with aggravated assault with a deadly weapon and a felony possession of a firearm from a previous conviction.

Talib and his mother were allegedly involved in a domestic disturbance on March 21 with Talib’s sister’s boyfriend. Police arrived at the scene after a 911 caller reported fighting and the sounds of gun shots around 7: 30 p.m.

According to the St. Petersburg Times, Talib allegedly tried to pistol-whip the boyfriend with a handgun which was dropped in the struggle. Police reports indicate the boyfriend supposedly grabbed the gun and ran while the mother produced another gun and fired at least three times at the boyfriend before Talib took the gun from her and fired at least twice more.

The boyfriend, a registered sex offender in Texas, was taken into custody and charged with aggravated assault with bodily injury and interference with an emergency phone call relating to an incident that happened at his home earlier in the day.

Talib’s bail was set at $25,000. Talib’s mother’s bail was set at $25,000 for the assault charge and $5,000 for the possession charge.

Talib was arrested in 2004 for burglary, got into a public fight in 2008 with a teammate, hit and injured former Bucs cornerback Donald Penn in 2009 and was charged with battery after he hit a cab driver last year.

Talib is facing a second-degree felony conviction punishable with prison time anywhere from 2 to 20 years. He could receive community-control probation instead of prison time if he has no prior felony offenses, but like the article does mention, this could be a far reach if a handgun is actually fired at someone. The probation period for a second-degree felony can last up to 10 years. For Talib to continue his career with the Bucs, if probation is granted, he would have to receive permission from Florida authorities that they would supervise a Texas probationer. This would also have to be agreed upon by the NFL, which is currently under a work stoppage where teams are not allowed to contact players or make any transactions, which includes releasing players.

There are varied possible consequences for aggravated assault with a deadly weapon. Punishments can be determined through possible defenses, conditions neighboring the crime, the degree of any injuries incurred, whether a weapon was used, past criminal record of the defendant, and in some circumstances the victim’s personal history.

Any time an offense involves a weapon other criminal charges can be filed to supplement the aggravated assault charge. When a deadly weapon is involved, like the use of a handgun, enhancements with statutory sentencing guidelines are likely. Depending on the jurisdiction and the sentencing official, additional time may be added to the sentence.

Published on: March 22, 2011

Sumter County, Florida Sex Crimes Defense Lawyers :: 22 Suspects Arrested in Bushnell, FL Undercover Internet Craigslist Sex Sting

by Whittel & Melton, LLC

The Sumter County Sherriff’s Office has arrested 22 men and women across the state of Florida during an undercover internet sex sting where detectives posed as children online.

A Sherriff’s Office spokesman said the undercover operation was similar to the popular series “To Catch A Predator” on Dateline NBC.

Investigators said suspects showed up at meeting locations they thought were with minors carrying condoms in tow. The condoms and other evidence are on exhibit today at the Sheriff’s Office headquarters. Suspects have been identified as residents of Tampa, Kissimmee, Ocala and elsewhere.

More details of the takedowns will be released by the Sumter County Sherriff’s Office later today.

While the details of specific charges are unknown as of yet, many times these undercover sex stings that involve solicitation of a minor, travelling to meet a minor for sexual purposes and the possession and/or distribution of child pornography. Child pornography can play a factor in these stings when local law enforcement use pornographic material featuring a minor as a way to entice individuals to the location of the undercover sting. Law enforcement usually establishes an online presence where communication takes place in a private or public conversation, such as a chatroom, where pictures are often exchanged and agreements for sexual encounters are arranged.

The Florida Attorney General’s Office has increased its efforts to investigate sexual solicitation of minors, making it a top priority to protect children from adult threats via the Internet. Florida ranks fourth in the country for child pornography on the Internet. Due to this high rank, the Attorney General’s Office created the Child Predator Cybercrime Unit to shield minors and explore cases involving child pornography and sexual solicitation and exploitation of minors in Florida. Florida also endorsed the Cybercrimes Against Children Act in 2007 which amplified criminal punishments for behavior such as possession of child pornography and soliciting children over the Internet.

Published on: March 21, 2011

Gainesville, FL Criminal Lawyer :: Alachua County Woman Recently Released from Prison Arrested for Robbery

by Whittel & Melton, LLC

A Florida woman just released from state prison earlier this month was arrested by the Gainesville Police Department Sunday night for robbery by sudden snatching.

The Gainesville Sun reported the woman was charged with two counts of robbery by sudden snatching. The nearly identical crimes took place at motels on Southwest 13th St. where the male victims say they were speaking with the woman when she allegedly grabbed hundreds of dollars from their wallets and drove away in a black Chevy Impala.

The woman told police she took less than $100 from each man. As of Monday, she was being held at the Alachua County jail.

The robberies were reported on March 11 and 18. This was within two weeks from the woman’s release from prison on March 4, after serving 10 months for convictions of grand theft, credit card fraud and providing false information to a pawn broker.

Robbery by sudden snatching means taking money or some other property from a person with the intent to momentarily or everlastingly rob the victim or owner of the money or property and in the process the victim became aware of the theft. The woman is most likely facing a felony of the third degree since there was no reported weapon or firearm used to carry out the robbery.

Robbery is a crime of dishonesty and can be used in court for impeachment purposes. As a general rule, if you have a conviction for any crime of dishonesty a judge or jury is permitted to hear so even in the most remote of matters, if you plan on testifying. It has been the rule that this goes to your credibility of a witness. Critics often argue that it is a form of double jeopardy, but at least in Florida, it’s quite common.

Published on: March 18, 2011

The Villages, Florida Criminal Attorney :: Woman Connected With Murder Arrested

by Whittel & Melton, LLC

A Lady Lake, Florida woman has been arrested this week for her connection in the January murder of a Wildwood, Florida man.

A warrant for the woman’s arrest was obtained on March 7 after evidence indicated that her vehicle was used to allegedly transport the deceased man’s body to the backyard of an abandoned home.

Sumter County detectives recovered the man’s body on Jan. 20. The Medical Examiner’s Office ruled the death as a homicide and determined the cause to be multiple gunshot wounds.

The Sumter County Times reports the case is still under investigation.

Murder is an extremely serious charge that is defined as a homicide that is premeditated by the accused. Premeditation is sometimes referred to as malice aforethought because they both have similar meanings in regard to murder. When something is premeditated it is carried out with careful planning and consideration. Malice aforethought is used to illustrate a murder that is carried out deliberately, carelessly, and with tremendous discount for human life.

Depending on the evidence of the case, the woman could be charged with first, second or third degree murder. First degree murder is a capital felony that is punishable in the state of Florida by life imprisonment or the death penalty. Second degree murder is a first degree felony that is punishable by a maximum life sentence in prison. Third degree murder is a second degree felony described as a death that occurs while the accused is committing another felony. Upon further investigation into this case the State can decipher an appropriate murder charge for the woman in question.

Published on: March 17, 2011

Spring Hill, Florida Criminal Attorney :: Spring Hill Man Attacks Girlfriend and Onlookers at a Local Bar

by Whittel & Melton, LLC

A Spring Hill, Florida man is facing battery charges after allegedly attacking his girlfriend and another man and his girlfriend after their attempts to mediate the brawl.

According to a Hernando County Sheriff’s Office report, the 30-year-old Spring Hill man is charged with battery and domestic battery following the fight between the man and his girlfriend Saturday night.

The Hernando Today reports that the man supposedly smashed his girlfriends head into the front door of the bar and punched her in the face in the midst of an argument.

Another bar patron and his girlfriend witnessed the fight and stepped outside to stop the Spring Hill man.

According to the report, the Spring Hill man got inside his vehicle and drove toward the other man. He allegedly lunged out of his car, slapped the bar patron’s girlfriend across the face and scratched the man’s forehead.

The bar patron evidently tackled his assailant to the ground in a headlock.

Once deputies arrived at the scene, they noted the Spring Hill man was very intoxicated. He was transported to the Hernando County Jail where he is being held on a no bond status for domestic battery and $1,000 for two separate battery counts.

Florida criminal law has designed a series of crimes under the general category of Domestic Violence. In this case, domestic battery is the unlawful touching of another and the element of the crime under Florida Domestic Violence criminal laws. In many cases, domestic battery results in a felony charge with severe penalties including extended jail time, restitution, fines, anger management courses, parole and probation.

The difference between a misdemeanor battery charge and a felony battery charge is if there was serious bodily harm. A battery is a misdemeanor if there is unlawful touching, but no serious harm. A battery can become a felony if there is serious bodily injury or permanent disfigurement. Florida felony battery has both statutory and case law definitions that describe the nature and extent of injuries suffered by a battery, but they vary with every situation. Ultimately, a jury has the supreme decision on whether a battery conviction is a felony or misdemeanor.

Published on: March 16, 2011

Clearwater, Florida Criminal Attorney :: Largo, Florida Man Pleads No Contest to Hiring Someone to Kill His Wife

by Whittel & Melton, LLC

A Largo, Florida man has pled no contest to a charge that he hired someone to murder his estranged wife.

The man accepted the open plea on Friday, according to the Miami Herald.

The 53-year-old central Florida man allegedly met with a tipster and an undercover detective in 2009 to arrange the murder. According to the Pinellas County Sherriff’s Office, the man requested his wife’s death involve a car accident.

The man’s son was seriously injured in a car crash involving the son of wrestler Hulk Hogan, Nick Bollea, in 2007.

Under Florida state guidelines, this man could be sentenced to as few as 6.4 years in prison or as much as 40 years in prison. The fact that he made an open plea means that he had no agreement with State prosecutors about his sentence. Pleading “no contest” for a criminal charge is not an admission of guilt, this just means the defendant is choosing not to challenge the charge. For sentencing purposes, a plea of no contest and guilty are treated the same. The court does not change a sentence or punishment of a crime because a defendant pleads no contest instead of guilty on a criminal charge.

A plea of no contest is viewed differently when a victim sues a defendant in a civil lawsuit. If this man’s wife chooses to sue for damages in civil court, there is no evidence of his liability in the case because he entered a plea of “no contest.” If he had pled guilty, then there would be sufficient evidence of his liability in the matter.

Published on: March 1, 2011

Land O’ Lakes, FL Criminal Lawyer :: Man Accused of Snatching Elderly Woman’s Purse

by Whittel & Melton, LLC

A 24-year-old Land O’ Lakes man was arrested on Tuesday and charged with robbery by sudden snatching, according to the Pasco County Sherriff’s Office report.

A 77-year-old Land O’ Lakes woman told police she was out shopping at a Kmart store on Feb. 11 when the robbery happened. She walked back to her car, opened the door and sat down in the driver’s seat when a man came up to her vehicle, grabbed her purse and ran.

The woman chased the man who snatched her purse and saw him get inside a black vehicle. She later found that her tires had been slashed. A police report indicated that her credit cards were used in Tampa.

When the suspect was contacted by authorities, he said that another man stole the purse, but he was present while the robbery occurred.

The man charged with robbery by sudden snatching lingered in jail Wednesday with bail set at $5,000.
Robbery is referred to as the use of violence or the threat of violence to take another person’s property. Common types of Robbery include purse snatching, carjacking and bank robberies. Depending on a defendant’s criminal history and the facts of any given arrest, a robbery can be charged as a third degree felony up to a life felony.

Published on: February 28, 2011

Clermont, FL Criminal Lawyer :: Five Children Removed from Drug House in Clermont

by Whittel & Melton, LLC

A man and woman allegedly connected to a Clermont home where five small children resided and had access to illegal drugs were charged by Lake County narcotics detectives and Clermont police.

The 42-year-old man and 23-year-old woman were both charged with five counts of aggravated child abuse and cocaine and marijuana possession Friday morning after police executed a warrant at their Clermont home.

According to detectives, multiple bags of cocaine pre-packaged for sale were found in the master bedroom where the small children ranging in age from two to nine years old could easily reach them.

A Sherriff’s Office spokesman said that the drug bust recovered $2,200 worth of cocaine and marijuana and other drug paraphernalia.

The same Sherriff’s Office spokesman said that deputies turned the children over to their grandmother who lived nearby and notified the Department of Children and Families.

Although often considered to be one of the more minor drug crimes in Florida, drug possession can still result in a felony charge, with a minimum sentence of one year in state prison. In fact, a person can be accused not only of drug possession but of possession of known substances for the purpose of manufacturing drugs.

The most common key focus of any drug case is search and seizure law. Under Florida law, police must follow proper protocol during their investigation of any drug case. It is essential to have a veteran team of lawyers to interpret search warrants as well as search and seizure rules to guarantee your rights are protected. A breach of these rights can give you grounds to file a motion to suppress any evidence the police obtained. Occasionally small pieces of original evidence can lead to a search of your person or property.