Florida Criminal Attorney Blog

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.

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

Posted by Jason M. Melton | Permalink | Email This Post

Posted In: Sex Crimes

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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.

Continue reading "Clearwater Drug Crimes Defense Attorney News Update : Bubba Sparxxx Charged by Clearwater Police for Possession" »

Posted by Jason M. Melton | Permalink | Email This Post

Posted In: Drug Charges

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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.

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

Posted by Jason M. Melton | Permalink | Email This Post

Posted In: Asset Forfeiture

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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.

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

Posted by Jason M. Melton | Permalink | Email This Post

Posted In: Homicide

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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.

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

Posted by Jason M. Melton | Permalink | Email This Post

Posted In: Drug Charges

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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.

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

Posted by Jason M. Melton | Permalink | Email This Post

Posted In: Sex Crimes

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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.

Continue reading "Citrus County Criminal Defense Attorney News Update: Juvenile Corrections Officer Charged with Sex Crime" »

Posted by Jason M. Melton | Permalink | Email This Post

Posted In: Sex Crimes

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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.

Continue reading "Middle District of Florida Judge Takes Passport from Actor Wesley Snipes" »

Posted by Jason M. Melton | Permalink | Email This Post

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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.

Continue reading "Citrus County Sheriff’s Office investigates Inverness, Florida shooting and stabbing…unrelated" »

Posted by Jason M. Melton | Permalink | Email This Post

Posted In: Homicide

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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.

Continue reading "Man charged with Marion County DUI manslaughter; girlfriend dead" »

Posted by Jason M. Melton | Permalink | Email This Post

Posted In: DUI

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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.

Continue reading "Gainesville man arrested for Alachua County DUI...Again." »

Posted by Jason M. Melton | Permalink | Email This Post

Posted In: DUI

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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.

Continue reading "Ocala, Florida drug possession arrest stems from traffic stop " »

Posted by Jason M. Melton | Permalink | Email This Post

Posted In: Drug Charges

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