Florida Criminal Attorney Blog

Sumter County’s only Federal Prison, Coleman Federal Correctional Complex, and only one of two Correctional Complexes in the South East United States, was also home to a conspiracy of five corrupt guards and other civilian workers who, according to reports, were paid to facilitate and bring in contraband into the facility. This prison scheme was unearthed in large part by the work of an inmate.

The inmate, and former cocaine dealer, additionally helped dismantle a sixteen person marijuana syndicate and draw attention to an eleven member prison-gang who distributed heroin. At the time of the hearing, the convicted drug trafficker, had served nineteen (19) years in Federal Prison.

For the work of this inmate, Chief U.S. District Judge Elizabeth A. Kovachevich, converted two consecutive life sentences to “Time Served”. A Motion to Modify or Correct Sentence can be brought on behalf of defendants in rare situations. But in cases like this one, if properly argued and for a great reason, a judge is always able to modify the terms and conditions of their sentence.

For more information Contact Sumter County Criminal Attorney Jason M. Melton or Bushnell, Florida Criminal Lawyer Jason Melton at 1-866-608-5529.

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Tampa, Florida Circuit Court Judge Daniel Perry sentenced a man to the maximum 30 years of Florida State Prison and included as a term of his probation, restitution in the amount of approximately $60,000, according to Tampa Tribune’s Kevin Graham.

Florida has long been considered one of the most punitive states in the union for several reasons. The foremost being the way in which it deals with Violations of Probation. Not only are the violation of probation hearings void of any 5th amendment rights to silence and often very quick, but the Florida Rules of Criminal Procedure require far less proof than the usual burden of beyond a reasonable doubt.

In this case, the defendant clearly offended the court by the nature in which he violated probation. The original criminal fraud case alleged that he defrauded over $400,000 from area residents. The violation of probation allegation was that during his probation he was witnessed claiming to be the grandson of Frank Sinatra and in need of small loans due to a banking error. These scams were alleged to have taken place in cities like Austin, Texas and Las Vegas, Nevada.

If you or a loved one is in need of Violation of Probation Criminal Attorney please contact Tampa Criminal Lawyer Jason Melton at the Law Offices of Jason M. Melton. 1-866-608-5529.

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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 Jason M. Melton at 866-608-5LAW.

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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 Jason M. Melton 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.

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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.

If you or a loved one has been charged with or is being investigated for a serious crime, please contact Pasco County Criminal Lawyer Jason M. Melton. You have rights and deserve a fair day in court. Contact our office immediately.

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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.

As to impairment, the case turns on those field sobriety examinations, which he performed well. This evidence, although helpful to the defense, will be countered by State Prosecutors in two ways: (1) His Breath Alcohol Content reading of .14, is well above the legal BAC limit of .08, and (2) under Florida law, a BAC reading over .08 comes with it a presumption of impairment. These are high hurdles for the defense attorneys hired by Leyritz.

Many folks have questions about their DUI arrest and the Law Offices of Jason M. Melton is ready to help. Defending Florida DUI arrests in Brooksville, Gainesville, Ocala, New Port Richey, Inverness, Clearwater, Dade City, Bushnell and everywhere in between.

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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.

In most murder cases, the defendant’s intent to kill comes into question. Defense attorneys often argue that the accused never intended to kill the victim or that the killing was a result of some other motive-- like to scare someone, or just injure them, not necessarily kill them. In addition, because these murders occurred during the course of other felonies, namely armed robbery and armed burglary, the defense will likely focus on challenging the State’s evidence with respect to the elements of those crimes. This is because under the felony murder rule, Prosecutors can hold any participant in a dangerous felony criminally responsible for any deaths that occured during or in furtherance of that felony. Essentially the rule gives Prosecutors an easier way to secure a murder conviction.

If you or a loved one has been accused of a serious crime like Murder, Robbery, Burglary, any Firearms Charge or Grand Theft, contact Brooksville, FL Criminal Lawyer Jason M. Melton now at 1-866-608-5LAW(5529) or go to www.flcounsel.com.

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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 St. Petersburg Times report that the federal indictment, filed in the Middle District of Florida, is a result of 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 the Law Offices of Jason M. Melton have experience in fighting state and federal drug trafficking cases. If you have been charged with a drug offense, please contact us for a consultation.

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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.

It appears from Amy L. Edwards' report that the defendant is going to appeal this decision to the Florida Supreme Court. I am interested to see if they will hear this case and if so, how they will rule. The Bond issue was one of of controversy in Hernando County DUI arrests many years ago as a local County Judge was accused of setting bonds too low. The first appearance is a difficult arena for any defendant and his loved ones and hiring an experienced Florida Criminal Defense Law Firm is strongly advised to advocate for your rights. The Law Offices of Jason M. Melton is ready to assist you in a Bond Reduction Motion or First Appearances following arrest in many Central Florida courtrooms.

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According to Nomaan Merchant of the St. Pete Times, Pasco County Clerk of Courts Candidate and current Deputy Pasco Clerk Paula 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.

Pasco County, Florida Criminal Lawyer Jason M. Melton is dedicated to protecting the rights of those accused of Pasco County Criminal Charges. For more information about Jason M. Melton or the Law Offices of Jason M. Melton please call 1-800-608-5LAW(5529) or double click one of our links.

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Now a resident of Tampa General Hospital, a Florida man who allegedly crashed his truck with his children ages 7 and 11 inside, was charged with two Felonies – Driving on a Suspended License as an HTO(Habitual Traffic Offender) and Child Neglect; as well as two misdemeanors, including DUI with persons under the age of 18 and DUI with property damage. Technically, the defendant could also face another misdemeanor DUI, another count of DUI with persons under the age of 18 and depending on the condition of the children multiple counts for DUI personal injury or Felony DUI Serious Bodily Injury.

According to the news report, the defendant submitted to a battery of field sobriety exercises and did not perform to the officer’s satisfaction. Following this performance, or lack thereof, the officer asked the father to submit to a breathalyzer exam wherein he produced results of 0.172 and 0.175. In Florida you are presumed to have committed DUI if you have been found to be driving with a Breath Alcohol Content (BAC) of over .08. Similarly, you can also be arrested for DUI if found to be driving and having a BAC over .05, but under .08, as the State has what is coined a rebuttable presumption of DUI, however most State Attorney’s Offices do not allow cases with less than .08 reads to go forward.

The defendant in this case faces many years in Florida State Prison. If you have been charged with DUI, have DUI questions or would like to see some of our recent DUI results in places like PASCO COUNTY, HERNANDO COUNTY, PINELLAS COUNTY, SUMTER COUNTY, CITRUS COUNTY or ALACHUA COUNTY, please click the appropriate link. If you’d like to see more information about DUI Lawyer Jason M. Melton or need to call the office, we can be reached at 1-800-608-LAW(5529) or an email can be sent from our Contact Page at www.flcounsel.com.

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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.

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