Florida Criminal Attorney Blog

Published on: August 20, 2008

Social Networking Sites Can Help and Hurt Criminal Defendants

by Whittel & Melton, LLC

Florida prosecutors and defense attorneys now have an unlikely resource to score impeachment material for their trials. Social networking websites like MySpace and Facebook have provided both sides of the courtroom with evidence that is used to cast a negative light on a witnesses’ character.

For example, defense attorneys representing clients charged with battery have used a MySpace page containing a video of the so-called victim beating someone up to show that someone other than their client was the aggressor of the fight. On the flip side, prosecutors offered a MySpace picture of a smiling 22-year-old defendant, holding a glass of wine with comments about getting drunk against her in the sentencing phase of her vehicular manslaughter case. The photo was posted after the DUI accident, and prosecutors argued that the post was evidence of lack of remorse for the crime. As a result, instead of getting sentenced to probation, the young woman was sentenced to prison time.

My grandmother used to tell me to never to do anything that I wouldn’t be proud to have on the front page of the local newspaper and this lesson holds true for websites like Facebook and MySpace. The moral learned from these two examples is never to post anything on the internet that you wouldn’t be proud to have a judge or anyone in the community to see–you never know how it could be used against you. Questions or comments about this post can be directed to Pinellas County criminal attorney Whittel & Melton, LLC at 866-608-5LAW.

Published on: August 15, 2008

Karaoke Causes Jealous Ocala Woman to Commit Attempted Murder

by Whittel & Melton, LLC

After being found guilty of attempted second-degree murder, aggravated battery and criminal mischief, an Ocala woman faces upwards of 35 years–with a minimum mandatory sentence of seven years– in state prison. This will be a tough pill for the Ocala defendant to swallow as, according to Suevon Lee from the Ocala Star-Banner, prior to trial the Marion County State Attorney’s Office extended a plea offer of five years state prison.

Oddly enough, the charges related to the attempted murder of the Ocala woman’s ex-husband who had been spotted signing Karaoke in the park with another woman. Later that day, the defendant ran her ex-husband over with a car while he was sitting on a friend’s front porch enjoying a cold beer. Apparently, although the couple had been divorced, prior to the incident they had been staying with each other.

It is unclear whether the victim’s music selection or his choice of female companionship motivated the defendant to take the action she did. Regardless, I have always warned friends and colleagues that nothing good can come of karaoke as “good” and karaoke cannot possibly co-exist. Ocala criminal lawyer Whittel & Melton, LLC urges all Karaoke singers and audiences to practice safe Karaoke- namely to perform with one eye on the lyrics and the other on oncoming traffic.

Published on: August 14, 2008

Pasco County State Attorney to charge Juveniles as Adults in Attempted Murder of Pasco County Sheriff’s Deputy

by Whittel & Melton, LLC

According to Nomaan Merchant of the St. Pete Times, attorneys from the Pasco County State Attorney’s Office confirmed their intent to charge two juveniles, ages 15 and 16, as adults for the attempted first-degree murder of a Pasco County Sheriff’s Deputy during an armed burglary.

It is alleged that the two teenagers shot at the Deputy during the burglary of a convenience store in Lacoochee when he blocked their escape route. Both teens could potentially face life in Florida state prison if convicted.

It is likely that the defense will move the court for a change in venue in light of the fact that victim in this case was a Pasco County Deputy as it would be unlikely to find an impartial jury to render a verdict in this matter. This case is an example of the State’s use of the felony-murder rule– which gives the State Attorney’s Office the ability to bring a more serious criminal charge if they allege that someone other than the defendant was killed, or attempted to be killed during the course of a dangerous felony, such as armed burglary.

Published on: August 11, 2008

Former Yankee Leyritz’ DUI Manslaughter Videotape Released

by Whittel & Melton, LLC

In late December, former Yankee Jim Leyritz was involved in a car crash that left a 30-year old woman dead. Following the crash, Florida law enforcement conducted a DUI investigation and Jim Leyritz was subsequently arrested for DUI Manslaughter.

DUI Manslaughter is a serious criminal traffic charge that can land an individual in Florida State Prison for upwards of 15 years, with a mandatory minimum of three years if convicted. If taken to trial, a Florida jury may ultimately get to see the videotape of his arrest. The video can be watched here, however, I was not overwhelmed with the video as a means to show that Mr. Leyritz was impaired. This video may prove to be a great cross-examination source for Leyritz’ defense team.

Specifically, when watching the tape, I was struck by how composed and smooth Leyritz’ performed the physical sobriety tests. While the media seemed interested in the fact that he showed no emotion when learning of the death of the other driver — we should remember he will be tried for Driving Under the Influence. Leyritz’s reaction to causing a death is only remotely relevant to show an admission of some sort, not that he responded the way he did to that information. I suspect the judge may entertain a motion to redact that portion of the tape as it really does nothing to show impairment and could only taint the jury.

Published on: August 6, 2008

Hernando County Grand Jury Indicts Brooksville, FL Man for Murder

by Whittel & Melton, LLC

The Hernando County State Attorney’s Office has filed a criminal indictment against a Brooksville, FL, man charged with the 2006 murder of Patrick and Evelyn DePalma, an elderly couple living in Masaryktown, Florida. John Frank of the St. Petersburg Times reports there may still be other indictments coming down relating to the DePalma murders.

The State Attorney’s Office has yet to make a decision as to its sentencing goals in this matter, but the defendant could face the death penalty if convicted in these cases.

The DePalmas’ murder shocked the Hernando County community where they lived as they were much like any other elderly, retired couple living in the area. As a result, there has been a substantial amount of media attention surrounding the two-year investigation into the murders, which could make it difficult for the defendant to get a fair trial in Central Florida.

Published on: August 5, 2008

Tampa Feds Charge Gotti with Drug Trafficking and Murder

by Whittel & Melton, LLC

Today, former Gambino crime family head John Gotti, Jr.–aka “Junior Gotti” and son of John Gotti – was arrested for racketeering, cocaine trafficking and murder in relation to a Tampa, Florida FBI probe. Kevin Graham and Rebecca Catalanello of the Tampa Bay Times report that the federal indictment, filed in the Middle District of Florida, results from facts uncovered by authorities during a 2006 Tampa racketeering trial.

At a press conference, federal officials said that the trial will be held in Tampa and that the charges against Gotti and five others are evidence of the Gambino family’s attempt to get a “foothold” in the Tampa area. Gotti appeared this afternoon in front of a judge who denied bail. If convicted, Gotti could be sentenced to life in prison.

The attorneys at Whittel & Melton, LLC have experience in fighting state and federal drug trafficking cases. If you have been charged with a drug offense, please consult us.

Published on: July 31, 2008

Florida’s 5th DCA does not disrupt Central Florida Criminal Bond of $500,000

by Whittel & Melton, LLC

Florida’s 5th DCA– the appellate body that reviews criminal cases in counties like Hernando County or Brooksville, FL, Sumter County or Bushnell, FL, Citrus County or Inverness, FL and Marion County or Ocala, FL, to name a few–declined to change a $500,000 bond ordered in a potential homicide case in Orange County.

Sheriff’s Office detectives originally arrested the defendant for child neglect, obstruction of a criminal investigation and false statements. The defendant is rumored to be linked to a potential homicide. At the first appeareance, the Prosecutors presented evidence of thier murder investigation and suspicions of defendant’s involvement. Although the defendant was only charged with the above, the Judge took the murder investigation into consideration when setting a bond.

Murder, which is defined in Florida Statute § 782.04, and Manslaughter, which is defined at Florida Statute § 782.07, are crimes that First Appearance Criminal Judges take a very serious look at when considering a request for Pre-Trial Release. Certainly, ties to the community and criminal background also play a role in a judge’s determintaion of bond. However, the danger to the community, potential flight risk and nature of the offense, along with any aggravating factors, are often the overriding when denying the petition to overturn the $500,000 bond. I am sure the judge took the murder investigation into consiteration when setting the high bond.

Published on: July 29, 2008

Pasco County Clerk’s Campaign Signs in New Port Richey, FL Are Vandalized

by Whittel & Melton, LLC

According to Nomaan Merchant of the St. Pete Times, Pasco County Clerk of Courts Candidate and current Deputy Pasco Clerk Paul O’Neil has had upwards of 10 signs stolen or destroyed. Most were in the New Port Richey area, however others signs in Land O’Lakes, Hudson and Dade City were stolen.

The job of the Pasco County Clerk is an important role as that office is responsible for overseeing primarily all of the filings in State Criminal cases in Pasco County, both Felony and Misdemeanor.

Complaints were filed with the Pasco County Sherriff’s Office about the vandalism. In past years, State Attorney’s Offices have brought charges of Petit Theft or Grand Theft, depending on the amount of campaign signs destroyed. This event could also be charged as Criminal Mischief for those signs that were cut, ruined or damaged, but not taken.

Published on: July 25, 2008

Hulk Hogan’s son to serve sentence in Pinellas County Jail for Reckless Driving

by Whittel & Melton, LLC

It appears that Nick Hogan, son of professional wrestler Hulk Hogan, should heed his dad’s advice to say his prayers and eat his vitamins. He is scheduled to be sent to an adult section of Pinellas County jail to serve an eight month sentence in relation to his involvement in a car crash last August that left Hogan’s passenger with brain injuries. The Clearwater Police investigation into the crash revealed Hogan had been drinking the night of the accident.

E! Online reports that Hogan, aka Nick Bollea, made a request last month to be transferred out of the solitary confinement cell where he was housed because he was a juvenile. The Pinellas County Sheriff’s Office spokesperson indicated on Wednesday that the move is scheduled for June 27th, which incidentally is also Hogan’s 18th birthday. After the transfer, he will be housed with other adults who are who have been similarly sentenced.

In May, Hogan plead no contest to Reckless Driving involving Serious Injury, a felony that can subject an adult to upwards of five years in prison. If you have been charged with Reckless Driving or DUI our Tarpon Springs, FL DUI Firm can represent you during your case from start to finish and help you obtain the best Pinellas County Result possible for your case.

Published on: July 23, 2008

Make a Wish: Bonita Man Charged with Theft for allegedly Stealing 42 cents from Mall Fountain

by Whittel & Melton, LLC

Times are tough for a Bonita Springs man charged with the theft of 42 cents from a mall fountain on Monday. Tampabays10.com reports that Laslo Mujzer was approached by mall security at Coastland Center after a mall patron allegedly saw him stealing money from a fountain outside the mall. A sign posted near the fountain indicated that all coins thrown in the fountain are donated to Habitat for Humanity of Collier County.

After detaining Mujzer and finding change on him, Naples police arrested him for misdemeanor theft— sometimes called petit theft– which subjects Mujzer to up to 60 days in jail and a possible driver’s license suspension. If given the chance, Mujzer would probably like to make a wish on those coins he allegedly took from that fountain to make his legal troubles disappear. Unfortunately it is not that easy–he is currently being detained by authorities for an immigration hold.

If you or someone you know has been charged with a theft offense, contact Criminal Lawyer Whittel & Melton, LLC at 1-866-608-5LAW for information or a consultation.