Florida Criminal Attorney Blog

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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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 Jason M. Melton at 1-866-608-5LAW for information or a consultation.

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Marion County Judge Jim McCune ordered a prospective juror to serve three days in Marion County Jail and pay an estimated $200 in court costs and fines according to Suevon Lee from the Ocala Star-Banner. Marion County Judge McCune made this ruling after the juror was found to have used foul language in response to not being dismissed from the jury panel.

Marion County Court Judges like Judge McCune hear Misdemeanor cases involving charges like DUI, LSA, Reckless Driving, Driving on a Suspended License, Assault, Battery, Petit Theft, Worthless Check, Possession of Marijuana, Trespass and Carrying a Concealed Weapon to name a few. On the civil side, the Marion County Court Judges hear cases involving anywhere between $5,000 and $15,000 in dispute and can even sometimes involve personal injury.

It is not uncommon for Judges to take courtroom decorum seriously, and even threaten jail time when jurors make a mockery of the process. However, actually sentencing an individual is very rare--the more common practice is for Judges to make their point by taking unruly jurors into custody for the day. Unfortunately, one of the most tragic erosions of this country's democracy is the irreverence many jurors show when they are called for service. The fact is, the stronger our jury system is, the stronger our democracy. Ocala, FL Lawyer Jason M. Melton strongly urges citizens to take jury duty more seriously.

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According to news reports, the former Gainesville, FL and Alachua County resident was charged with DUI after a traffic stop in Nashville Tennessee, where it was alleged the former UF Gator was speeding and swerved several times. Kearse refused the breathylizer or breath test, but during the criminal investigation, allegedly made an admission to police that he drank one vodka with red bull.

According to reports, a field sobriety test was also conducted but Kearse did not perform to the officer’s satisfaction.

If the stop of Kearse’s vehicle occurred in Gainesville, where Florida Law applies, a Judge would have to determine whether the Police had Probable Cause to believe a traffic infraction had occurred (example – speeding or weaving) OR whether or not the Police had Reasonable Suspicion to believe a crime was occurring (example – DUI)- which could justify the reason for the police pulling over Kearse.

Assuming there is credible evidence that the traffic stop was justified, in order for the DUI Prosecutors to proceed, the State would still need to establish that there was Probable Cause for an arrest for DUI. This could be proven by the “failed” sobriety test, admission of drinking and the alleged bloodshot eyes, slurred speech and smell of alcohol. However, a court can also consider how the tests were conducted, the credibility of the officers testifying and the overall reasonableness of the situation to determine whether the arrest was lawful.

Should this case go to trial it is important to remember that Kearse never gave a breath sample and the potential evidence of impairment will be limited to whatever testimonial evidence the Judge allows the State to offer regarding Kearse's driving pattern, his roadside demeanor and the field sobriety tests that he allegedly failed. The potential sanctions for misdemeanor DUI in Florida are similar to sanctions in Tennessee.

If you have any DUI questions for Gainesville, FL DUI Lawyer Jason M. Melton or need more information about our Recent DUI Results in Alachua County, FL and your rights during a DUI investigation, please contact us now at 1-866-608-5LAW.

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According to both Joel Anderson of the St. Pete Times ("Why not DUI? No driver ID’d") and Kyle Martin of the Tampa Tribune ("Sheriff's Office Director Target Of Probe"), the Finance Director of the Hernando County Sherriff’s Office was involved in a single-car accident in Brooksville, Florida after allegedly running several cars off the road while being under the influence of both wine and sleeping pills. However, it should be noted that no sobriety tests were performed.

While the driver potentially faced charges for DUI, DUI property damage, Reckless Driving and Leaving the Scene of an Accident, the Deputy involved in the investigation elected not to go forward due to the unavailability of a “wheel witness”. What does this mean?

In this case, in order to prove DUI, Reckless Driving or even LSA – the State of Florida, represented by the Hernando County State Attorney’s Office, has to prove beyond a reasonable doubt that the defendant was driving at the time of impairment or the alleged criminal act (like for example, driving recklessly or leaving the scene of an accident). The State usually accomplishes this by simply having a witness (“wheel witness”) testify that the defendant was driving or behind the wheel. It can also be proven by what is called “Actual Physical Control.” These situations, commonly referred to as APC cases, usually come in two forms: 1) a defendant is slumped over the wheel in the middle of traffic, the side of the road or in a parking lot, or 2) after an accident.

A DUI conviction can lead to jail, probation and a host of other penalties. Our Brooksville, FL DUI Law Firm can represent you during your case from start to finish and help you obtain the best Hernando County Result possible for your case.

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