Florida Criminal Attorney Blog

Despite a previous DUI arrest and the Florida media reporting on the exact whereabouts of DUI roadblocks, Jimmy Smith has been arrested for DUI for a second time. Both the DUI and accompanying Possession of Marijuana charge are misdemeanors—however it’s likely that State Prosecutors are aware that Smith’s prior 2001 DUI charge was dropped and will treat this DUI more like a second DUI.

Reports state that Smith was pulled over during a DUI roadblock, which under Florida law, holds law enforcement to higher standards than in a typical DUI arrest. DUI roadblock cases have additional legal requirements because of the driver’s Fourth Amendment right to privacy and protection from unreasonable search and seizures. The fact is, unlike a normal DUI case—where cops are either called to the scene of an accident or stop an individual for a traffic infraction—in a DUI roadblock situation, a driver, for no reason other than traveling on a road, is stopped and questioned momentarily without cause. This police stop triggers constitutional protections that requires the State of Florida to, among other things: (1) show the reasons why they set up a DUI roadblock, (2) establish consistent policy and procedures for the operation of the roadblock, (3) state the goal of the operation, and (4) provide an adequate amount of protection to the citizens, i.e. not stopping every driver that falls upon the roadblock route. The last question is the most scrutinized, as courts and legal scholars have often argued that roadblocks create a chilling effect on citizens’ freedom to travel in the community—a right the U.S Supreme Court has established as a fundamental constitutional right.

If you or a loved one has been charged with DUI, Possession of Marijuana, or have questions about DUI Roadblocks, contact North Florida DUI Attorney Jason Melton immediately at 866-608-5529.

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.

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.

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.

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.

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.

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.

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.

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.