Florida Criminal Attorney Blog

Published on: May 24, 2010

Sumter County, FL Criminal Attorney News :: Sumter Sheriff’s Office Cyber Crimes Unit Charges Man for Child Porn

by Whittel & Melton, LLC

According to local news, a Webster, Florida man was charged with ten (10) counts of Possession of Child Pornography. The presiding first appearance judge set his bond at $50,000. He will be prosecuted in Bushnell, Florida.

It is reported that the Sumter County Sheriff’s Office’s Cyber Crimes Unit, along with the Internet Crimes Against Children Task Force, had long suspected the individual of allegedly possessing the content and executed a search warrant assumingly regarding same this week.

It is alleged the material was stored on the Sumter County man’s laptop computer.
As is often the case, the defendant will immediately look to the warrant for his first legal challenge. This is a good place to start because the arrest warrant is what placed the officers at his home for his arrest and ultimately seizure of his computer. As a secondary issue, it will need to be investigated exactly how these images were found to be downloaded onto this man’s computer. Often times, the reasons for the initial arrest and search warrant and reasons for these pictures being downloaded are linked. In contrast, when those items are not linked, a common source of problems for the prosecution is these types of cases is involuntary downloads.

Published on: December 31, 2009

Charlie Sheen’s Wife Claims Knife Threat in Assault, backs off story

by Whittel & Melton, LLC

Charlie Sheen’s wife, Brooke Mueller, has accused the actor of threatening her with a knife in a Christmas Day emergency phone call to police that led to his arrest.

ABC.com is reporting that Meuller told police that Sheen had threatened to kill her during an argument about a possible divorce. Sheen was arrested that same day. According to her sworn affidavit, Mueller told police that Sheen grabbed her by the throat while straddling her on a bed, “then pulled out a knife, holding it to her throat, saying, “You better be in fear. If you tell anybody I’ll kill you. … I have ex-police I can hire who know how to get the job done and they won’t leave any trace.”

Since the incident, Mueller has lawyered-up and has back peddled from her original version of events. She has asked the court to set aside the injunction she has put in place to protect her from Sheen. In Florida, it is a crime to make false sworn statements or to make false police reports to law enforcement.

Published on: November 9, 2009

Floral City man accepts 25 year prison term in Hernando County sexual battery

by Whittel & Melton, LLC

Citrus County Online is reporting that the 20-year-old Floral City man who was set to go to trial next week for sexually battering an eight year old girl accepted a plea deal last week of 25 years in prison and lifetime probation. He was facing life in prison.

The man was charged with sexual battery on a child and false imprisonment of a child relating to the February blindfolding, handcuffing, and sexually battering of a 8-year-old Brooksville girl. According to the State Attorney’s Office, the plea negotiation was approved by the girl’s family because understandably, they did not want the child to have to testify in open court about the horrific experience.

In abuse cases involving children making statements to law enforcement or other adults regarding their abuse, the State has an extra burden if they want these statements to be introduced at trial. Under the Florida Rules of Evidence and Florida Statutes Section 90, the State must show, at a hearing separate from the trial, that the child’s out of court statement about the abuse is reliable. Some of the factors courts can consider in determining whether these child hearsay statements are admissible for a jury to consider include: when the statement was made in relation to the abuse, how the child’s statement was elicited, whether the child was coached prior to questioning and whether forcing the child to testify in open court would cause serious emotional harm. Many times, getting these statements into evidence can make or break the State’s case, as it is quite common for children to recant their statements as time passes.

Published on: October 19, 2009

Driver faces criminal DUI charges in Weeki Wachee bus crash

by Whittel & Melton, LLC

TampaBay.com is reporting that last Tuesday’s Weeki Wachee crash that involved a head-on collision between a car and a school bus may result in a DUI charge.

According to the Florida Highway Patrol, Michelle R. Sutton of Spring Hill was allegedly driving a Toyota coupe at a high rate of speed– weaving in and out of the westbound lane of County Road 550 — before ultimately colliding head first into the school bus. The bus was carrying about 30 students from Spring Hill’s Westside Elementary at the time of the crash. Sutton was seriously injured in the DUI crash and was taken to Oak Hill Hospital where an ER nurse allegedly found a plastic bag containing about 18 grams of marijuana in Ms. Sutton’s shorts pocket.

Because she was being admitted to the hospital, the deputy gave Ms. Sutton a citation and notice to appear in court next month for possession of marijuana instead of arresting her–but the Hernando County State Attorney’s Office has 90 days to file a misdemeanor DUI or 180 days to file a felony DUI with Serious Bodily Injury case, if they choose.

This presents an interesting issue from a constitutional law perspective. Since a nurse–and not law enforcement–found the marijuana on Ms. Sutton, she does not have the same constitutional protections from unlawful searches and seizures as she would if the police had found it at the scene of the accident. Generally under Florida law, the trigger for a constitutional law violation that can result in evidence being suppressed is that some government entity was involved in the seizure. In this case, Ms. Sutton told the nurse she was wearing her boyfriend’s shorts and didn’t know about the drugs in the pocket. Regardless, to sustain a conviction, the burden will still be on the State to prove that Ms. Sutton was under the influence of drugs and/or alcohol to the extent that her normal faculties were impaired.

Published on: October 10, 2009

Hernando County, Florida Sex Crimes Defense Attorney Update :: Tampa, FL Firefighter and Spring Hill Resident Arrested for Sexual Offense

by Whittel & Melton, LLC

A Hernando County Resident and Tampa Firefighter/ Paramedic was recently arrested for two counts of Indecent and/or Vulgar Exposure of Sexual Organs. Indecent Exposure of Sexual Organs is a First Degree Misdemeanor under Florida law and punishable up to one year in the county jail.

What made the facts of this arrest so unique was that not only was the defendant a Hillsborough County Paramedic and Firefighter, but also the allegation is that these crimes occurred at nearby public schools. The lawyers at the Brooksville, FL State Attorney’s Office are currently pursuing these cases as misdemeanors. It is unclear at this time if they will ask the court to consider an enhanced charge (Third Degree Felony) due to the proximity of the alleged conduct to schools. This would be a novel approach to this sex crimes charge. Although, this type of enhancement is commonly enforced in drug sale and drug purchase cases.

In Florida, in order to prove the crime of Exposure of Sexual Organs (In a Vulgar or Indecent Manner), pursuant to Florida Statute 800.03, the State of Florida must prove:
1) The defendant exposed him/herself and/or was naked; 2) It was done in either a public place, on the another’s private property or so close to another’s private property that he or she could be seen from that property; 3) It was done in a way the it was intended to be indecent, vulgar, lewd or lascivious; and 4) It was actually indecent, vulgar, lewd or lascivious. The words “indecent, vulgar, lewd or lascivious” are usually defined as a unlawful and lustful or with a sexual intent. It is certainly not a black and white definition and is commonly the subject of a question for the jury in a criminal trial to determine.

The intent of the defendant will come under much discussion in this case as it is alleged that the defendant made the statement that “he gets a ‘rush’ while exposing himself.” The Judge will need to determine the admissibility of that statement, truthful or not, and the tactics used by law enforcement to acquire such a comment will hopefully come under question.

There have been some interesting cases in Florida criminal courts over the years on this statute as the definition of indecent or lewd has been tough to determine. While it was determined by both the Federal Court and the Florida Supreme Court that mere public nudity would not violate this statute (See U.S. v. A Naked Person Issued Notice of Violation, 841 F.Supp. 1153 (M.D.Fla. 1993) & Hoffman v. Carson, 20 So.2d 891 (Fla. 1971)), the location of the act has come under scrutiny. The 5th DCA, which is the appellate court for the counties in the 5th Judicial Circuit (i.e. Hernando, Citrus, Sumter, Lake and Marion Counties), found that conduct in a restroom stall with the door closed should be viewed differently than conduct in the open area of a public restroom. Similarly, the 4th DCA found that the actions of a “Peeping Tom” would certainly fall within the intent and letter of this Florida Criminal Statute. Additionally, and of some note, the Florida Legislature carved out an exception for public breast feeding.

Published on: October 5, 2009

Hernando County Criminal Defense Lawyer Attorney Legal Update: Woman Charged with Felony Drug Trafficking

by Whittel & Melton, LLC

According to the Hernando County Sheriff’s Office, a young woman and employee of a local Spring Hill, FL Doctor, has been accused of ordering Hydrocodone and Xanax for personal use.

Allegedly, the Spring Hill doctor’s office contacted the Hernando County Sheriff’s Office when it discovered that painkillers had been prescribed without permission. Further investigation by the Hernando County Sheriff’s office revealed that the accused was using a fellow employee’s name when ordering the medication. The State Attorney’s Office is allegedly in possession of surveillance footage from the pharmacy involved in the transactions.

Interestingly, the accused is charged not only with Obtaining a Controlled Substance Through Fraud, but was also charged with Drug Trafficking by the SAO. The Drug Trafficking charge in Florida will dramatically change the way the Prosecutors–and certainly the Judge–will approach this case since Drug trafficking “scores” very high under the Florida Criminal Code. Prosecutors use “score sheets” to determine what type of plea offer will be made and these score sheets take into account a person’s past criminal convictions as well as the seriousness of the crime they are currently accused. In this case, drug trafficking is a very serious charge which will subject this woman to extended time in prison–and that’s not taking into consideration if she has a criminal past.

In my experience, approaching this case as a drug trafficking case is an aggressive stance for the State Attorney’s Office to take considering the basis of the charge is the fact that the that woman allegedly had 11 pills in her possession. I have however, noticed a trend in Central Florida that law enforcement and prosecutors are charging Drug Trafficking more aggressively. But it remains to be seen if they can effectively meet their burden of proof and actually obtain convictions for these sorts of factual scenarios.

Published on: September 29, 2009

Cross-dresser arrested for Hernando County Violation of Probation

by Whittel & Melton, LLC

Cross dressing isn’t a crime, but violating probation can be. Tampabay.com is reporting that Dade City Police Department arrested a 44-year-old man dressed in a black tank top and blue denim skirt Sunday morning after he tried to run from police.

According to the report, a patrol car was making a U-turn on U.S. 301 when they spotted what appeared to be a woman standing behind an abandoned business. When officers shined their spotlight toward the back of the business, and the person took off running into the woods.

The officer and a police dog soon found a man in the woods changing out of the tank top and skirt into a button-down shirt and tan shorts, the report said. After being detained, the man said that he wasn’t a prostitute, and that dressing in woman’s clothing is something he does in his spare time. He ran because he didn’t want to get arrested in women’s clothing.

The man had an open Hernando County warrant for violating his probation on a charge of driving with a suspended or revoked license was also arrested that night by the Dade City police for resisting arrest without violence.

Both of these crimes are misdemeanors which means that the cross dresser could be subject to two years in jail–one year for the violation of probation and another for the resisting and officer without violence charge. Generally, a violation of probation subjects a defendant to the maximum penalty they could receive on the underlying charge. Courts are reluctant to impose jail time for violations that involve failure to pay fines or court fees and are more likely to impose jail or prison sentences on violations that involve new charges.

Published on: September 18, 2009

Confidential source outs man for operating a Hernando County marijuana grow house

by Whittel & Melton, LLC

According to tampabay.com, 42-year-old Ridge Manor man has been arrested for allegedly growing about 50 marijuana plants inside the mobile home parked behind his residence. Last week, Hernando County law enforcement received a tip from a confidential informant who told them about the mobile home operation and when police arrived at the home, they found the marijuana plants, light fixtures, several ballasts and a carbon filter–all which are instruments commonly used to grow marijuana.
The man was charged with cultivating marijuana and public nuisance and bail has been set at $15,000.

Last year, Governor Christ signed into law the “2009->Ch0893->Section%2013#0893.13″target=blank”>Marijuana Grow House Eradication Act” which gives law enforcement and prosecutors more power to combat those who grow marijuana. The law now makes it a second-degree felony to grow 25 or more plants. In the past, a person had to have more than 300 plants to reach the level of a second degree felony. A second degree felony can be punished by up to fifteen (15) years in prison–this is why it is very important to have an experienced criminal defense attorney on your side to fight for your rights and hold law enforcement to their burden of proof.

Published on: September 7, 2009

Show me the money: Promise of stimulus checks lure criminals to arrest

by Whittel & Melton, LLC

According to reports, 76 Florida criminal suspects responded to a mailing promising “South Florida Stimulus Coalition” funds, but instead of receiving money, they were lured to their arrest. Using the name of the fictitious coalition, Fort Lauderdale police mailed letters asking targeted criminal suspects and those with outstanding arrest warrants to call an undercover phone line and make appointments to claim money they were entitled to. When they showed up at an auditorium and presented their identification, they were led to an area where uniformed police were waiting to arrest them.

The suspects had open warrants for their arrest. Called “Operation Show Me the Money” the police department rounded up people wanted on charges ranging from second-degree murder, gun and drug charges to failure to pay child support.

Police said such roundups are safer and more efficient than serving warrants at people’s homes because the environment where the arrest takes place are more controlled and pose less safety issues.

Published on: August 26, 2009

Tampa Bay Bucs’ Player arrested for battery

by Whittel & Melton, LLC

Tampa Bay Buccaneer cornerback Aqib Talib was arrested last week for misdemeanor battery and resisting arrest without violence.

According to reports, Talib was arrested by the Florida Highway Patrol and booked into the Pinellas County jail after a cab driver reported that Talib had verbally threatened him and struck him, knocking his hat off his head.

This incident is the third time the player publically lost his cool–at the 2008 NFL rookie symposium Talib got into a fist fight with fullback Cory Boyd, a fellow draft mate of the Buccaneers, and he also got into a fight with teammate Donald Penn at an offseason workout.
It is unclear how the Buccaneer’s front office will handle the most recent incident, but in the criminal arena, Talib could face one year in jail for each of the misdemeanors.