Florida Criminal Attorney Blog

Published on: January 31, 2011

Inverness, FL Criminal Lawyer :: Registered Sex Offender Charged with Lewd and Lascivious Molestation of Retarded Girl

by Whittel & Melton, LLC

A 45-year-old man was arrested and charged with molesting a 25-year-old mildly retarded girl from Crystal River on Monday by the Citrus County Sherriff’s Office.

According to the arrest report, the Citrus County man is a registered sex offender.

The arrest report shares that the girl’s brother caught the man on top of his sister with his pants down, while she was fully clothed. The girl verified the story when her mother questioned her.

The girl told the Citrus County Sherriff’s Office that this had happened three or four other times over the past few years.

After being read his rights, during questioning the man admitted what happened and that he knew the girl was mildly retarded. He confirmed that the incident had happened three times throughout the past couple years.

The man was arrested and transported to county jail on the charge of lewd and lascivious molestation. No bond was set.

The words lewd and lascivious both have the same meaning which is a lustful, wicked or sensual intent of the person committing a certain act. In this case the girl can be referred to as a “disabled adult,” which describes any person over the age of 18 that suffers from a physical or mental incapacitation due to a developmental disability. The facts that the girl is disabled, a sexual act occurred and that the man knew she was disabled are the three elements the State will have to prove to convict the man of a sex crime.

Published on: December 14, 2010

Alleged Brooksville Sex Offender Charged with Murder for Hire Plot Against Hernando County Prosecutor and Public Defender

by Whittel & Melton, LLC

Generally the job of the Public Defender is thankless, and the job of Prosecutor is even more thankless, but very rarely are they actually dangerous. It is being reported by the Tampa Tribune that the Hernando County Sheriff’s Office have charged a defendant, currently in custody, for arranging for the murders of a local Assistant State Attorney and his local Assistant Public Defender. While currently facing serious prison time for two counts of Lewd and Lascivious Molestation of a Victim under twelve (12) years of age and one count of Sexual Battery on a Victim under twelve (12) years of age, the defendant apparently was in a position to discuss this plot.

According to the reports, the defendant told the confidential informant, while in custody, that he was owed $8,000 in back Social Security refunds and would pay $3,000 for each of the murders. The report goes on to say the Sheriff’s Office is in possession of a written IOU by the defendant of the $6,000 payment.

This defendant is now additionally charged with two counts of solicitation to commit murder. It is unclear who the court will appoint to represent him and further what Public Defender’s Office will be responsible to provide the defense attorney. It would appear there is a conflict between him and the Assistant Public Defender he allegedly was going to pay $3,000 to have murdered. This case will certainly deal with the mental health of the defendant and the ability to carry out such an arrangement. The defendant’s location in jail during these alleged negotiations are the most striking part of this case. It may be troublesome for a jury to believe he could carry out this plan from jail.

Published on: November 10, 2010

The Villages, Florida Criminal Attorney :: Chief Operating Officer of The Villages Charged with Felony Wildlife Violations

by Whittel & Melton, LLC

Mark Morse, president and top executive of The Villages, a retirement community located in Central Florida, was charged with felony and misdemeanor hunting violations in Montana.

Morse as well as his wife, daughter and five other individuals have been accused of 18 wildlife violations during hunting trips spanning over the past four years on Morse property in Montana. A few of the charges include the illegal killing or possession of elk, deer and other wildlife.

Morse is charged with killing too many animals and killing them without proper licenses, according to the Orlando Sentinel.

For killing multiple animals and hunting out of season, which is considered stealing from the Montana government, Morse could face 21.5 years in prison and fines as much as $203,000 if convicted. Killing an animal without a license carries a punishment of six months in jail and a $1,000 fine. Wounding an animal without a license, if found guilty, carries a penalty of one year in jail and a $2,000 fine.

Morse and his family could lose their fishing and hunting rights for life in Montana and more than 20 other states because of a multi-state agreement that outlaws hunters who disobey game laws. Florida just happens to be one of the partners to that agreement.

Many Florida residents incorporate hunting and fishing into their lifestyles. The Florida Fish and Wildlife Commission meets each year to make adjustments to statutes and once these changes are put into effect many people are arrested for violating the new laws. By keeping up to date on these specific statutes, you can avoid jail time and hefty fines.

Published on: October 31, 2010

Condado de Citrus, Florida Emboscada Policial de Sexo por Internet, Resultó en 22 Arrestos

by Whittel & Melton, LLC

Inverness, Florida – La oficina del alguacil del condado de Citrus, ha considerado exitosa la emboscada de crimen sexual, llevada a cabo la semana pasada, ya que resultó en el arresto de 22 individuos por presuntos crímenes sexuales por Internet. El operativo que presuntamente se inició a través de la página de Internet Craigslist, anunciaba “a una madre joven en busca de sujetos que le enseñaran a su hija adolescente como complacer a un hombre y a participar en situaciones familiares íntimas y placenteras.”

Los abogados defensores de crímenes sexuales de la firma Whittel & Melton, en la Florida, ya han iniciado la defensa de varios hombres en la corte de circuito en el condado de Citrus.

Este tipo de emboscadas se han hecho populares, con las autoridades locales, desde el inicio de la serie “Cazar al Predador” (To Catch a Predator) del programa Dateline de la cadena NBC; la cual grabó algunos de sus episodios en Fort Myers, Florida. En esa operación, 24 hombres fueron arrestados en un periodo de tres días.

Los tipos de crímenes que generalmente se otorgan en estos casos involucran el uso del Internet ya sea para solicitar o asegurar sexo con un menor, también conocido como Solicitación por Internet; o el viajar para tener sexo con un menor. Algunos de los casos también pueden involucrar la posesión o distribución de pornografía infantil – muchas veces, las autoridades participan en conversaciones por Internet o en las salas de Chat haciéndose pasar por un menor. Durante estas conversaciones, las autoridades intercambian material pornográfico para atraer al individuo al lugar donde se realizará la emboscada.

En estos casos recientes, el estado buscará, sin duda, condenas bajo el Acto de la Pornografía en Computadora y la Prevención de la Explotación al Menor en la Florida (Computer Pornography and Child Exploitation Prevention Act). Como parte de esta emboscada, las autoridades del condado de Citrus también incautaron un arma de fuego, 26 teléfonos celulares, 19 computadoras personales, 4 cámaras e innumerables vehículos de motor. En este momento, no está claro que tanto de lo incautado permanecerá en la corte.

Published on: October 29, 2010

Spring Hill man is punched, bitten by suspected car burglar

by Whittel & Melton, LLC

Last week, there were reports that a Spring Hill man was victim to a car burglary where allegedly, a fight with the perpetrator left him injured after sustaining punches and a bite wound.

As a result of the incident, Michael Leonard is charged with battery, burglary of conveyance and resisting an officer without violence.

The victim told deputies that Leonard punched him in the face and bit him while the two wrestled on the ground. The items allegedly stolen from the victim included a plastic cell phone clip, a plastic knob, iPod, sunglasses and a small amount of coins.
Deputies also learned Leonard was on probation for a misdemeanor DUI which, in addition to the penalties he could be subjected to for the felonies he is charged with, could add another year onto his sentence for a violation of DUI probation.

As a former state prosecutor, I always welcomed felonies that came with an accompanying violation of probation charge. When the basis of a violation of probation is a new charge, state attorneys only have to prove the underlying charge–in Leonard’s case the burglary and battery– to a preponderance of the evidence to succeed on the violation of probation (instead of the higher beyond a reasonable doubt standard in criminal trials), subjecting the defendant to jail or prison time.

Published on: October 23, 2010

Citrus County, Florida Internet Sex Sting Operation Results in 22 Arrests

by Whittel & Melton, LLC

Inverness, Florida – The Citrus County Sheriff’s Office has deemed last week’s sex crime sting to be a success, as it resulted the arrest of some 22 individuals for alleged Internet Sex Crimes. The operation, which allegedly started with an online Craigslist advertisement featuring “a young mother who was seeking subjects to teach her teenage daughter how to please a man and share in intimate family fun”.

The Florida Sex Crimes Defense Lawyers at Whittel & Melton have already begun defending several of these men in Circuit Court in Citrus County.

These types of sting operations have become popular with local law enforcement since the inception of the Dateline NBC’s “To Catch a Predator” series which shot some of its episodes in Fort Myers, Florida. In that operation, 24 men were arrested in a three day period.

The types of crimes usually charged in these cases involve using the internet to solicit or secure sex with a minor, aka Internet Solicitation, or traveling to meet a minor for sex. Some of the cases may also involve the possession of or distribution of child pornography– as many times, law enforcement will engage in online conversations, or chat in online chatrooms, posing as a minor. During these chats, law enforcement may exchange pornographic material to lure an individual to the physical location of the sting operation.

In these recent cases, the State will undoubtedly be seeking convictions under Florida’s Computer Pornography and Child Exploitation Prevention Act. As a part of the sting operation, Citrus County authorities also seized one handgun, 26 cell phones, 19 personal computers, four cameras and countless motor vehicles. It is unclear at this point how many of these seizures will stick in court.

Published on: August 25, 2010

World Champion Pitcher Clemens Charged With Perjury From Testimony Sans Subpoena…What a Loser!

by Whittel & Melton, LLC

Like we needed more bad news about our sports heroes. This week, reports circulated that legendary hard thrower (and apparently hard-headed) Roger Clemens has been charged with Perjury for his 2008 congressional testimony. TESTIMONY HE GAVE WITHOUT BEING SUBPOENAED TO TESTIFY.

Florida Criminal Defense Attorneys work very hard with their clients to manage the dialogue of a legal matter, mostly so that we can prepare a strategy based on known issues, allegations, facts, admissions, etc. However, sometimes we have clients who insist, demand and scream to talk to anyone and everyone. And when those clients want to discuss things that may be considered an admission of wrongdoing or worse, a lie, as thier attorney, you try and protect them by doing everything in your power to stop them from talking–ESPECIALLY under oath.

Nevertheless, the former bulletproof superstar Roger Clemens, while under no legal obligations, strolled into the United States Congress and UNDER OATH and knowingly provided alleged false testimony about performance enhancing drugs in MLB. This could be one of the most stupid and avoidable legal tragedies I have ever heard.

While perjury can be tough to prove legally, the public has no sympathy for alleged cheaters like Clemens, to the point that a jury could convict him for his drug use rather than the actual charge of perjury.

Published on: August 20, 2010

Brooksville, Florida Judge Hand Out 75 years State Prison for 125 Internet Images of Child Pornography

by Whittel & Melton, LLC

The retiring senior Hernando County Circuit Court Judge sentenced a man this week on 5 counts of possession of Child Pornography to 75 years. He was facing a minimum 40 years according to reports. It is suggested by his criminal trial attorney that he may appeal this sentence.

The 75 years sentence, justified according to the Brooksville judge, was handed down this week after guilty verdicts were rendered back on July 30. It is not uncommon after a serious sex crimes case like this for a judge to handle the several different sentencing issues days or even weeks after trial. The sentence was broken down as 5 fifteen year terms, to be served consecutively.

The Internet pornography was allegedly found on the home computer in their Spring Hill home by the defendant’s girlfriend. Unfortunately, it has been reported that a Hernando County child custody battle ensued and accordingly the pictures found their way into the hands of law enforcement.

This case is certainly yet another example of the seriousness of Florida sex crimes cases, but maybe more important is the lesson is stands for about the collateral consequences a Family law case can create. Often times, when children or a marriage is involved, the parties involved will resort to any and all methods to destroy the other person – well I’d say she accomplished her goal here.

Published on: July 26, 2010

Ocala Prostitution Trap Nets 7 Johns

by Whittel & Melton, LLC

Apparently the Ocala, Marion County, Florida Prostitution business has gotten so unwieldy that a multi-agency taskforce was assembled to bring the Ocala sex trade to task. According to reports, seven men were arrested allegedly engaging in solicitation of undercover female officers for sex. The Ocala Police department reports that one gentleman offered $50 for sex.

Criminal defense lawyers, often legally fight arrests for Solicitation of Prostitution, with Motions to Dismiss or Motions to Suppress Evidence because of the many entrapment issues that can be raised during these arrests. Although entrapment defenses can come up in other types of cases like drug crimes, sex crimes and theft cases—many solicitation of prostitution arrests have also been thrown out where judges and prosecutors have agreed that some guys were not predisposed to commit a crime, except that the conduct of the persuading and manipulating undercover officer made it an unreasonable situation.

Prostitution has a structured sentencing for anyone with prior convictions. A misdemeanor of the second degree can be charged for the first offense and the State Attorney can charge a misdemeanor of the first degree on a second charge. For a third or subsequent violation, the State Attorney can charge a third degree felony.

Published on: July 11, 2010

Florida Criminal Lawyer Update :: U.S. Supreme Court Erodes Miranda and Right to Remain Silent

by Whittel & Melton, LLC

Miranda has lost a little strength in Florida criminal cases after a surprising 5-4 decision by the U.S. Supreme Court this summer where the majority found that when the prosecution can “show that a Miranda warning was given and that it was understood by the accused, the accused’s uncoerced statement establishes an implied waiver of the right to remain silent.” The case, Berghuis v. Thompkins, will undoubtedly be a hot topic before the U.S. Congress in the coming weeks since Elena Kagan, current Obama administration nominee for U.S. Supreme Court and U.S. Solicitor General, successfully argued this case on behalf of the State of Michigan.

The Florida Criminal Defense Attorneys at Whittel & Melton deal with Miranda and the right to remain silent in all our criminal cases. Whether it be an arrest for Murder in New Port Richey, Grand Theft in Ocala or DUI in Brooksville, Miranda, (i.e, the right to remain silent and the right not to be forced to assist the government in their prosecution of you) is as vital a constitutional right as any other right. This latest decision is in many ways very difficult to understand as it has essentially determined that in order to firmly declare your right to remain silent, you must abandon your silence and affirmatively tell police that wish not to speak to them.

Certainly, those clients who have had the opportunity to speak to counsel beforehand will have no problem with this, but most clients do not have the foresight to discuss potential arrest encounters with criminal defense attorneys beforehand. They are often scared, not thinking clearly and will say or do anything to escape the inescapable…their arrest.

The majority opinion was written by Justice Anthony Kennedy and joined by the other four “conservative” Justices Roberts, Scalia, Thomas and Alito. The dissent was penned by newly appointed Justice Sonia Sotomayor and joined by Justices Ginsburg, Stevens and Breyer.

After all we read about what it means to be a conservative, i.e. less government and more self-determination, this opinion appears to take those ideals and set them on their head.