Florida Criminal Attorney Blog

Published on: August 8, 2009

Former Florida Judge pleads guilty in bank fraud case

by Whittel & Melton, LLC

Tampa Bay Online reported yesterday that former Florida Appellate Court Judge Thomas E. Stringer publicly admitted this morning that he is guilty of bank fraud for helping a stripper hide her financial assets from creditors. According to the federal charge, he lied on a loan application to purchase a house in Hawaii, saying the money used for the down payment was his, when it was from stripper Christy Yamanaka.

According to reports, Stringer plead guilty under the terms of a plea agreement he and federal prosecutors signed last month. He has yet to be sentenced.

During yesterday’s hearing Stringer was advised by a federal magistrate that as a result of his plea, he may not run for public office and he may be in jeopardy of losing his law license. In addition, Stringer’s state pension may be affected by a federal criminal conviction.

Although Stringer’s crimes could subject him to thirty (30) years in prison, Federal Prosecutors are not recommending prison time for Stringer. However his sentence will ultimately be up to the magistrate’s discretion. Stringer also agreed to forfeit $222,000.

Stringer, retired from the bench in February as he was being investigated by the Florida Judicial Qualifications Commission.

Published on: July 27, 2009

Lake County Criminal Attorney update :: Lake County Sheriffs are using federal immigration detainers to make arrests on otherwise innocent civilians

by Whittel & Melton, LLC

The Orlando Sentinel is reporting that the Lake County Sheriff’s Office has been using federal immigration detainers to arrest and jail suspected illegal immigrants. Lake County is not the only jurisdiction making use of this practice but, according to the report, the Lake County Sheriff’s Office is one of the more active agencies making these sorts of arrests–during the last two years they have made more than 200 arrests of individuals who have no other criminal charges.

This practice can open the Sherriff’s office to civil liability including lawsuits for constitutional violations, false arrests and false imprisonment. And as a result of these arrests, the ACLU has sent out a statewide missive urging the law enforcement agencies “to end the unlawful practice of jailing people based upon ‘immigration detainers’ issued by U.S. Immigrations and Customs Enforcement.”

ACLU officials say I.C.E. has authority to request detention of immigrants already in custody for controlled substance violations. However it seems that the more recent practice of rounding up otherwise law-abiding illegal immigrants in detainer sweeps is excessive and unnecessary.

Published on: July 17, 2009

Dog days of summer pose dangers to your pup

by Whittel & Melton, LLC

If you’ve ever left your dog in the car for “just five minutes” on a summer day you could be subjected to criminal liability.

How? According to the United Animal Nations, dogs don’t have sweat glands all over their bodies as humans do. They cool off by panting, which is inefficient. Once a dog’s body temperature gets over about 106 — normal temperature is around 101 — dogs can suffer within a matter of minutes, everything from nerve damage, heart problems, liver damage, and systemic organ failure.

The United Animal Nations has a program on their website that shows how hot a car can really get. For example, when it’s 72 degrees, a car in direct sun can reach an internal temperature of 116 degrees. Even in the shade, a car can be 10 to 20 degrees hotter than outdoors–and cracking the window has almost no effect.

In light of these facts, leaving your dog in the car can also have criminal consequences. Under Florida Law, animal cruelty can result in a court-imposed fine of up to $5000, and imprisonment up to one (1) year. Intentional cruelty is a felony and a defendant could be fined up to $10,000, and sent to prison for 5 years.

Published on: June 14, 2009

Florida Sex Crimes Attorney News Update: Sumter County, FL Sheriff’s Office Deputy Arrested for Sexual Battery on Child Under 12

by Whittel & Melton, LLC

In what will no doubt be the subject of rumor mills in Sumter County, Florida for some time, a Deputy from the Sumter County S.O. has been arrested for the very serious offense of Sexual Battery on a child under the age of 12. This offense is a Capital Felony under Florida Law.

According to two news sources, the investigation, which was mostly done by the Florida Department of Law Enforcement (F.D.L.E.) began in the Sumter County Sheriff’s Office (S.C.S.O.) where it was learned that the target of the allegation was a Sheriff’s Deputy. The information was then turned over to F.D.L.E. according to reports. The timeline of this alleged transfer of the investigation will certainly be a source of discussion during the defense of this case, as both the family of the victim and the defendant may have been unduly prejudiced by the S.C.S.O. being involved at any level.

The Deputy was taken into custody with no bond. The Sheriff’s office has reportedly suspended the officer as well. It is unknown at this time if the local State Attorney’s Office will handle this file or if it will be turned over to an outside SAO. Most cases involving local law enforcement are handled by outside prosecutors.

Published on: May 25, 2009

Clearwater Drug Crimes Defense Attorney News Update : Bubba Sparxxx Charged by Clearwater Police for Possession

by Whittel & Melton, LLC

Reports indicate that the musician/rapper was spotted by an off-duty Clearwater Police Department Officer who noticed Sparxxx engage in a hand to hand transaction at a local Hooter’s restaurant.

Apparently, the Officer confronted Mr. Sparxxx and allegedly asked for permission to search his wallet. The report indicates that the rapper agreed to the warrantless search and Tanxene was found in his wallet. He was later charged with one count of Felony Drug Possession and posted a $2,000 bail.

Mr. Sparxxx alleged consent to be searched is important because at that time the officer was probably at most only allowed to do a pat-down for safety and a check for weapons under Florida law. Obviously, no weapons can be stored in a wallet, so any search of the wallet could later be suppressed or hopefully if everyone is following the law, never take place. Nevertheless, the State’s version in this case appears to be that Mr. Sparxxx gave consent to be searched.

Drug possession cases are complex and an experienced Pinellas County drug possession lawyer is needed to go over consent issues, possession and knowledge issues as well as warrantless search procedures by the Officers in this or any matter. In Florida, except for Marijuana, all possession cases are charged at least as a Third Degree Felony, which is punishable up to five (5) years State Prison.

Published on: May 24, 2009

Florida Drug Trafficking Defense Attorney News Update :: Hernando County and Citrus County Men Arrested in Tampa Drug Bust

by Whittel & Melton, LLC

According to Kevin Metana of the St. Petersburg Times, two men were arrested this past week in Tampa, and charged with two counts of drug trafficking, two counts of obtaining a controlled substance by fraud, burglary and grand theft.

The report indicates that the men were allegedly found to be in possession of more than $10,000 of prescription Oxycodone, or roughly 687 pills. In addition, the men were allegedly also found to be in possession of marijuana and $2,500 in cash. The cash will certainly become subject to an Asset Seizure or Forfeiture proceeding as part of this arrest.

The arrest for drug trafficking is partially based on law enforcement’s suspicion that they have been committing these acts in several areas, including Hillsborough, Pinellas, Pasco, Hernando and Sumter Counties. Because these men hail from Floral City and Brooksville, this suspicion will certainly be investigated by several departments. This arrest was allegedly initiated by a “tip”. Any Florida Drug Trafficking Lawyer hired in this case will investigate this “tip” as it may be the product of a confidential informant, or “CI”, or through coercive or constitutionally illegal tactics by the Police.

Published on: April 28, 2009

Pasco County Criminal Lawyer New Update: New Port Richey, FL Man Charged with Attempted Murder, Aggravated Assault on Law Enforcement, DUI

by Whittel & Melton, LLC

Despite no known criminal priors, a 23-year-old is behind bars, according to the St. Petersburg Times, in Land O’ Lakes, Pasco County Jail, after a botched traffic stop on Friday night.

Allegedly during a “routine” stop for a missing tag and suspicion of ties to a recent burglary, the defendant tried to ram a Pasco County Sheriff’s Office cruiser in an attempt to hit a deputy who was out of his vehicle.

After the help of a K-9 unit tracking down the defendant who fled on foot, the young man was charged with attempted murder, aggravated assault on law enforcement officers, possession of marijuana, reckless driving and driving under the influence. Pasco County first appearance bond judge levied a bail amount of $120,450.

To make matters more complicated, one of the deputies involved in the apprehension of the defendant had a “ride-a-long” from the Pasco County Sheriff’s Office Explorer program with him. No doubt, that will be a night to remember for that volunteer youngster.

Published on: April 6, 2009

Pasco County Criminal Lawyer News Update: Dade City, Florida Judge to be Overruled by Appellate Court on Search Issue – Case to be Dismissed

by Whittel & Melton, LLC

A Dade City man charged and previously convicted of possession of marijuana over 20 grams, was given a second chance by the 2nd District Court of Appeals. As a result of the Second DCA’s ruling, the trial court’s denial of the defense’s Motion to Suppress filed to suppress all of the evidence collected (marijuana) as a result of an unlawful search will be reversed and the man’s case will now be dismissed. Amison, Jr. v. State, 2009 WL 839031 (Fla.App. 2 Dist.)

By way of background, a Florida Fish and Wildlife Officer in April of 2007 noticed a pickup truck backing out from a river bank. The officer activated his lights and stopped the vehicle for “a resource inspection.” According to testimony taken at the suppression hearing, the arresting officer was he smelled marijuana coming from the vehicle. Then, for officer safety both the driver and passenger were handcuffed and searched. After being handcuffed, they admitted to smoking a joint earlier and the vehicle was searched. The search of the truck resulted in the marijuana over 20 grams. This charge is a third degree felony punishable up to five years Florida state prison.

The 2nd DCA overruled the Judge stating that there is no extra exception afforded to Florida Fish and Wildlife for “resource inspections”. The court also explained that the officer still needed the normal “reasonable suspicion” to make such a stop and that all of the evidence should have been suppressed as fruit of an unlawful stop.

The interesting part of the case is that the Pasco County State Attorney’s Office at the trial court level supported their arguments with caselaw out of the Federal Court from the Northern District of Florida which is somewhat atypical–most attorneys would argue that the fact that the prosecution only had federal caselaw to support their position exemplifies the weakness of their case. The Florida’s Second District Court of Appeal agreed and found that those opinions aren’t binding. In fact, it appears that even the State’s appellate attorney abandoned the use of that case in writing the response to the appeal.

Published on: March 17, 2009

Pinellas County Cyber Crimes Lawyer News Update: St. Petersburg Man Arrested for Internet Child Pornography

by Whittel & Melton, LLC

Florida Attorney General’s Office announced the arrest of a Pinellas County man for possession of child pornography. This arrest was a result of a cooperative effort of the St. Petersburg’s Police Department, the Florida Attorney General’s Tampa Cyber Crime Task Force and the Central Florida Internet Crimes Against Children Task Force.
According to the news release, the man is currently charged with 10 counts of possession of child pornography (each count is an second degree felony under Florida Law) and one count of promoting the sexual performance of a child (also a second degree felony under Florida Law).
The Tampa Cyber Crime Task Force executed a warrant on the arrested man’s residence seized his computer. The legal battle in the coming months will related to how the State Attorney’s Office plans 1) to show that these images were knowingly downloaded by the defendant and maybe more importantly 2) whether or not the defendant knew that these images were on the computer.

Published on: March 16, 2009

Citrus County Criminal Defense Attorney News Update: Juvenile Corrections Officer Charged with Sex Crime

by Whittel & Melton, LLC

According to the Citrus County Chronicle, Citrus County Sheriff’s Office has arrested a 23 year-old female detention officer for allegedly performing a sex act on a 17 year-old male inmate.
Citrus County is of course no stranger to newsworthy sex crimes, as this was the location of the brutal Jessica Lunsford rape and murder several years ago. The detention officer was not taken into custody in the facility she previously worked as she was released and not asked to post a bond.

According to reports, the Citrus County Juvenile Detention officer first allegedly denied the act, but after consenting and allegedly failing a voice stress analysis, the former officer confessed to the events. The reports indicate that not only was a sex act performed, but also a personal mobile phone number was also allegedly exchanged.
Sexual Misconduct by a Correctional Employee is a felony and it is undetermined at this time if this case will be prosecuted by the Citrus County State Attorney’s Office.