Florida Criminal Attorney Blog

Published on: February 18, 2009

Middle District of Florida Judge Takes Passport from Actor Wesley Snipes

by Whittel & Melton, LLC

Convicted Ocala, Florida Federal Criminal Defendant and Hollywood Actor Wesley Snipes was ordered to turn over his U.S. Passport by a Federal Judge this week. Snipes was convicted last year by an Ocala, FL jury for three federal misdemeanor charges claiming that he willfully failed to file tax returns for three years. Post- sentence and pending his appeal, he was given permission by the court to travel to Bangkok and London for two previously arranged film projects.

Mr. Snipes, despite not having the permission of the Middle District of Florida U.S. District Court, traveled to Dubai, UAE for an A-list celebrity party. Outed by the tabloids, the U.S. Attorney’s Office requested that Wesley Snipes’ passport to be confiscated. According to Forbes Magazine, the Court agreed with the government–leaving Mr. Snipes without a passport and only to star in domestically-shot films.

Published on: February 11, 2009

Citrus County Sheriff’s Office investigates Inverness, Florida shooting and stabbing…unrelated

by Whittel & Melton, LLC

According to the Citrus County Chronicle, the Citrus County Sheriff’s Office is investigating injuries sustained by a 54-year old Inverness, FL man in an alleged shooting. Not fifteen minutes later, at approximately 5:00 a.m., another Inverness man hobbled into the Inverness, FL Huddle House Restaurant with stab wounds on his neck and wrist. Citrus County is a community that has seen its fair share of criminal episodes in recent years– having two violent offenses occur in such close proximity in time would seem to indicate that they are connected. However, police believe these incidents are unrelated.

Both alleged Citrus County crimes are being investigated by police at the time of this post. In Florida, arrests for this type of case could range from assault, attempted Murder, Attempted Manslaughter, Felony Battery or Aggravated Battery.

Published on: January 14, 2009

Man charged with Marion County DUI manslaughter; girlfriend dead

by Whittel & Melton, LLC

The Ocala Star Banner is reporting that an Ocala man was taken into custody and charged with DUI manslaughter and two counts of DUI with property damage after being involved in a car crash that has left his girlfriend dead. He was arrested after being treated or minor injuries Munroe Regional Medical Center.
According Florida Highway Patrol reports, the accident occurred Tuesday night on U.S. 27. Witnesses told troopers that they saw the driver speeding in the left lane while going around a right-hand curve when he tried to pass a slower-moving vehicle in front of him when and lost control and the car, striking a utility pole. The passenger had to be extracted from the vehicle and was rushed to Munroe Regional, where she was pronounced dead.

Published on: January 8, 2009

Gainesville man arrested for Alachua County DUI…Again.

by Whittel & Melton, LLC

Karen Voyles from the Gainesville Sun is reporting that a Gainesville driver whose license was permanently revoked in November for drunk driving was arrested again for DUI early Wednesday morning. His blood alcohol level was calculated at three times the legal limit.

According to the article, allegedly this is at the very least, the man’s fourth DUI. An Alachua County Sheriff’s Deputy noticed a Chevrolet truck veer into the westbound lane of NE 39th Avenue and pulled him over. The driver eventually submitted to a breath test which police records indicate blood alcohol levels of .246 and .254. Under Florida law, a driver is presumed drunk when their blood alcohol level reaches .08.

These are very serious and complicated cases. Under Florida law, a fourth and subsequent DUI charge is a felony punishable up to 5 years in state prison as well as a litany of statutorily-mandatory requirements such as fines, probation, DUI school and the instillation of an ignition interlock device.

Published on: January 5, 2009

Ocala, Florida drug possession arrest stems from traffic stop

by Whittel & Melton, LLC

An 18-year-old man stopped by a sheriff’s deputy on Thursday night for having a suspended driver’s license, was arrested for driving on a suspended license and drug possession after a search of the vehicle uncovered more than 100 grams of marijuana. The Ocala Star-Banner reports that a Marion County Deputy saw a black Chrysler heading west on County Road 464 and ran the tag, which showed the registered owner had a suspended driver’s license.

After pulling over the car, the deputy detected a strong marijuana odor coming from the car. Deputy found 110 grams of marijuana in a gallon-sized baggie in the glove box as well as another baggie that contained less than a gram of marijuana. The center console had several small baggies in different sizes. The suspect told deputies that he intended to smoke a portion of the marijuana, and sell the rest.

Published on: December 30, 2008

New Years Eve DUI Checkpoint expected in Columbia County

by Whittel & Melton, LLC

The Florida Highway Patrol will be checking out drivers on New Year’s Eve at a checkpoint along Highway 90 in Columbia County. In what the FHP calls a “Comprehensive Roadside Sobriety Checkpoint,” troopers will be stationed along the highway checking for impaired drivers, people with no license and vehicles that aren’t safe.

Firstcoastnews.com says nearly 23,000 alcohol-related crashes happened statewide in 2007. In Columbia County alone, 11 fatal crashes were attributed to alcohol.

Sobriety checkpoints have different constitutional requirements than a traditional stop– like for example, when a person gets pulled over for speeding. Police are requred to follow strict procedures when implementing a checkpoint and failure to abide by those policies can render a checkpoint stop illegal.

Published on: December 26, 2008

Man Dies In Head-on collision; Second Driver Flees Scene

by Whittel & Melton, LLC

Hernando Today reports that a Hernando County man died early Saturday in a head-on collision on U.S. 19 at Grizzly Bear Lane.
Florida Highway Patrol spokesman said that two cars where were traveling in opposite directions along U.S. 19 where there is a 30-foot grass median separating the north and southbound lanes. FHP said that as the vehicles approached the median at the intersection of Grizzly Bear Lane, one of the vehicles crossed over and traveled into the path of the other vehicle, causing a head-on collision. The crash left both vehicles obstructing the southbound lands of U.S. 19 for four hours.

Unfortunately, one of the drivers died at the scene while the other driver fled the accident site on foot despite receiving serious injuries- but was eventually found and transferred to Oak Hill Regional Hospital for medical treatment.

Depending on the facts, Leaving the Scene of an Accident can be charged as a misdemeanor or a felony. For example, if a driver flees the scene of a car crash and it is clear that there are injuries, The State Attorney’s Office could charge the person who left with a felony, subjecting the defendant to prison time.

Published on: December 23, 2008

Marion County shooting suspect turns himself in to police

by Whittel & Melton, LLC

According to the Ocala Star Banner, authorities arrested a 20-year-old man who was allegedly involved in shooting at a car in a W. State Road 40 parking lot on Thursday. Witnesses say the man fired several shots at a white Chevrolet Impala that was getting detailed and was occupied by two juveniles.

As the shots were being fired, an off-duty Marion County Sheriff’s Office Corrections Officer saw what was occurring and withdrew his personal weapon and fired shots at the shooter. No one was injured during the shooting.

Police say that the alleged perpetrator turned himself in a little more than 24 hours after the incident. He is charged with two counts of aggravated assault with a firearm which if convicted, could subject him to a mandatory minimum prison term.

Published on: December 19, 2008

Three Brooksville residents suspected in Walmart theft

by Whittel & Melton, LLC

Hernando Today reports that three Brooksville residents have been charged with felony theft relating to a Walmart shoplifting incident.

Allegedly, the suspects reportedly walked out of the Wal-Mart on Cortez Boulevard with a television, then sold it to a person in the parking lot of a nearby liquor store. Deputies were called to intervene after an argument broke out between the seller and buyer. A deputy had a hunch that the TV was stolen property, but without a recent theft report from Wal-Mart, he could not prove it.

The next day, the same trio tried to walk out of the same Wal-Mart with a TV but was stopped at the door, a report states. The deputy returned to the Wal-Mart and reviewed the surveillance tape that showed the same perpetrators of the original theft.

Published on: December 17, 2008

Two Fort McCoy men charged with stealing 16 guns from home

by Whittel & Melton, LLC

Sheriff’s detectives arrested two juveniles Friday night in connection with a home burglary where 16 guns were taken from a Fort McCoy home. The Ocala Star Banner reports that the juveniles lived down the street from the burglarized home.

Not long after the burglary was reported, detectives talked with witnesses who told them they heard gunshots in the neighborhood and saw one of the juveniles firing shots into a tree. One woman said she saw a car pull into the juvenile’s driveway and believing it was strange, she wrote down the tag number, which she gave to detectives. Detectives tracked down the car’s owner who lead them to the perpetrators.

The guns, valued at nearly $17,000, included rifles and handguns. The boys were charged with armed burglary and grand theft, and one of the accomplices was also charged with possession of a firearm by a convicted felon.