Florida Criminal Attorney Blog

An ex-employee of St. Petersburg, FL resident Tony Little was arrested Friday on a charge of grand theft of $100,000 or more. The 50-year-old Pinellas Park, Florida man supposedly told police that he was heavily involved in online horse wagering, but did not indicate where the missing money went. He is accused of stealing nearly $600,000 from the ponytailed fitness guru.

Little supposedly noticed financial flaws last year and was planning to fire the man accused of grand theft who oversaw his Pinellas Park companies’ finances. According to the St. Petersburg Times, Little was unhappy with the man and set up a meeting for July, 27, 2010 where he was to let the man go. The man accused allegedly sent an e-mail to Little before the meeting took place, saying he quit.

Upon hiring a new accountant, major foibles were found and an official complaint was filed with Pinellas Park police. The alleged fraud started in August 2009. According to police, over the course of 11 months 152 checks were fraudulently drawn from three of Little’s holdings with a grand total of $583, 379.

Most of the money went into bank accounts allegedly controlled by the accused. Little said his name was forged on all those checks.

The accused was released from the Pinellas County Jail on Monday after posting $150,000 bail. He entered a plea of not guilty and was appointed a public defender.

There are three degrees of grand theft in the state of Florida. The degree of the crime and the penalties that go along with it increase based on the value of the property taken. In this case, the man accused was charged with grand theft of the first degree. This is committed when the value of the property taken is more than $100,000 or is shipping cargo worth more than $50,000. Grand theft of the first degree is a first degree felony punishable by a minimum sentence of 21 months in prison(assuming no aggravating circumstances or priors), a maximum sentence of 30 years in prison, 30 years probation or fines up to $10,000.

Florida operates off of the Criminal Punishment Code scoring system to establish the minimum permissible sentence for all felony crimes. Under the CPC, every felony offense is allocated an offense level between 1 and 10. These numbers carry a point value where the more severe the crime equals an elevated offense level. The point value for a person’s crimes is added together and if the number equals more than 44 points, the person faces mandatory prison time. A person is eligible for parole if the number is less than 44 points. Mandatory prison time through CPC is referred to as scoring prison. In Florida, grand theft of the first degree has a ranking of a level 7 offense under the CPC.

Continue reading " Pinellas Criminal Defense Attorney :: “It’s technique!” Former Employee Accused of Stealing $600,000 from “America’s Personal Trainer” Tony Little " »

A 16-year-old Sarasota, Florida teen was taken into custody on Sunday, April 17, 2011 for his involvement in the shooting of two British tourists on holiday from England. He was jailed and charged with two counts of murder.

According to BayNews9, the tourists, aged 24 and 25, were killed Saturday morning at The Courts public housing project in the 1700 block of Carver Court in Sarasota, FL. Officials have not determined why the tourists were at the location, which is in an area of town police known to be problematic.

Detectives said the tourists were staying at a hotel on Longboat Key, around 12 miles from where they were shot. The shooting happened just before 3 a.m.

The 16-year-old male arrested for the crime lives in the neighborhood the shooting took place and has a previous record. A few weeks ago he was arrested for aggravated assault with a handgun.

Officials believe that others were involved and are continuing their investigation. Prosecutors will decide of the boy will be tried as a juvenile or an adult.

The state of Florida’s approach to juvenile crime differs in its approach to adult crimes. The ambition for the juvenile court system is not as much to punish but to rehabilitate the juvenile. Criminals sentenced as juveniles can be placed under house arrest or in a juvenile detention center. This is not the same as prison, but more of a passing short-term detention where the juvenile can be given direction, education and mental health or substance abuse services from certified juvenile crime specialists.

For murder offenses, Florida courts have the diplomacy to sentence juveniles to life without parole. When the court believes an offense is too serious for fleeting confinement, the child is sentenced as an adult and sent to a prison with other adult inhabitants. The judge typically has to give a reason for transferring the juvenile to an adult court to be tried as an adult, but not always. As a courtesy, the court sometimes holds the juvenile in the detention center until he receives a sentence as an adult. The court may also impose holding the child until reaching a certain age, usually 19, for transfer to the adult facility.

Continue reading " Florida Juvenile Criminal Defense Attorney :: Sarasota Teen Charged with the Murder of Two British Tourists " »

A 29-year-old Ocala, Florida man was booked into Marion County jail shortly before noon on Thursday on charges including elderly abuse, theft from a person over 65 and possession of a firearm by a convicted felon. The man allegedly admitted to locking up an older man on his property and kicking him out of a car and leaving him injured on the side of the road.

According to the Ocala Star Banner, a Sherriff’s deputy went to Ocala Regional Medical Center on April 5, 2011 to interview a 70-year-old man who told the official that he and his 40-year-old wife of 18-years had moved to Ocala in October 2010. The man was supposedly taken to Shands at the University of Florida in Gainesville in January, where he was treated for a medical condition and then released to a nursing home.

The man’s wife allegedly removed him from the nursing home later that month and moved him into a shed in Ocala, which he said had no running water.

The man supposedly told police his wife handled his money and had exchanged his debit card and food stamp card to the 29-year-old Ocala man for his living in the shed. The elderly man said his wife has a drug habit and the Ocala man is an alleged drug dealer.

The elderly man’s wife was stopped by police in February for a traffic violation where she was arrested on a violation of probation warrant out of Maine. She was extradited to that state.

The elderly man told police that once his wife was gone the Ocala man supposedly held him hostage and threatened him with a firearm. The elderly man said that on one occasion he requested his debit card and food stamp card back from the Ocala man while riding as a passenger in his car. The Ocala man allegedly became so angry he stopped the car, pushed the elderly man out, poured beer over his head and left him on the side of the road.

A passer-by saw the elderly man in the road and took him to a nearby store. The police were called and he was taken to ORMC. The elderly man was unable to identify the Ocala man by his real name and did not know the exact location of his home. The elderly man later identified the Ocala man through a photographic line up.

A search warrant was obtained for the Ocala man’s home where police found items such as a gun and some drugs. The Ocala man allegedly admitted locking the elderly man up on the property, and kicking him out of a vehicle.

He was arrested and officials say there could be more charges pending.

If you are a convicted felon in Florida, your right to bear arms is restricted and it is unlawful for you to possess a gun. If you were convicted outside of Florida of a felony that carried a sentence of one or more years behind bars, you cannot gain eligibility to possess a gun in Florida. Additionally, if you were convicted as a minor of an act that would have been a felony charge had you been tried as an adult, you cannot own a gun. If you are found to have a firearm in your home, vehicle or on your person, you could face prison and parole violation charges.

Under Florida Statute Section 790.23, a prosecutor can challenge that you possessed a firearm or weapon either through actual possession or constructive possession. Actual possession means that the firearm was found on your person, while constructive possession is when a weapon was found in your house or vehicle. The charge of felony possession of a firearm is a third degree felony punishable by up to five years in prison. Likewise, if the prosecutor can prove actual possession then the offense carries with it a three year minimum mandatory prison term.

Continue reading " Ocala, Florida Criminal Defense Lawyer :: Marion County Convicted Felon Jailed for Elderly Abuse and a Slew of Other Charges " »

Police arrested former NBA center, Oliver J. Miller, Tuesday for allegedly striking a man in the face with a handgun at a cookout over the weekend. He was charged with two counts of first and second degree assault.

Miller, 41, faces charges of assault, reckless endangerment, disorderly conduct and other related charges. Police were called to the cookout on Saturday around 8 p.m. after witnesses said Miller pulled out a Glock handgun and struck a 32-year-old man in the face.

The Big “O” was a first round draft pick for the Phoenix Suns in 1992 out of the University of Arkansas. He has since played for no less than 18 professional teams around the world, including the Harlem Globetrotters.

According to the Baltimore Sun, the man was taken to Anne Arundel Medical Center for injuries not considered life-threatening.

Many assault charges trace back to fights that got out of control. If you are arrested for assault it does not mean that you started the fight, many times it simply can mean that the other person called the police first. When you are arrested for aggravated assault you face serious felony criminal charges. Aggravated assault is a second-degree felony that is defined as a crime of violence. This felony charge is a violent act that causes bodily harm or permanent disfigurement or disability to the injured party. Under Florida law, felony assault can be charged when a deadly weapon is used. The use of a firearm in any assault case can elicit prosecution under Florida's 10-20-Life statute. Use of a firearm can also increase the degree of felony that is charged.

Continue reading " Orlando, Florida Criminal Defense Attorney :: Big “O” Charged with a Big “A” - Assault At a Weekend BBQ " »

A Homosassa, Florida family doctor described by police as a drug dealer with a medical license and a lab coat was arrested Tuesday and charged with two counts of trafficking in hydrocodone and one count of criminal conspiracy to traffic in hydrocodone. The 71-year-old doctor of osteopathy was taken into custody at his family practice where he voluntarily forfeited his medical license to the Drug Enforcement Administration.

According to the Citrus County Chronicle Online, the doctor’s bail was set at $1.5 million and the investigation is ongoing. If convicted of any of the crimes, just one of the counts could carry a sentence of over 20 years. At 71, this would be tantamount to a life sentence.

Police supposedly recovered 9,000 pills from the doctor’s office, but believed there should have been around 18,000. Since January 2010, law enforcement believes he has been responsible for dispensing about 42,000 pills. The Department of Health investigated into the doctor’s past records and believes 300,000 pills with a street value of $1.8 million were; sold since 2005.

The doctor allegedly sold the pills to street-level dealers who then sold the pills for as much as $5 to $6 each. The Citrus County State Attorney’s Office and the Florida Department of Law Enforcement were able to make multiple undercover controlled purchases of prescription hydrocodone pills throughout the county. Of the thousands of pills exchanged during these transactions, they were all allegedly tracked back to the Homosassa doctor and his medical offices.

A FDLE Special Agent said that the Tampa Bay region leads the state in the number of deaths linked to prescription drugs. Though the region only accounts for 17 percent of the state’s population, it accounts for 29 percent of the prescription drug deaths in the state.

Police said this is a unique case because the doctor involved was not a pain management doctor.

In most drug trafficking cases in Florida, criminal prosecutors usually file conspiracy charges along with trafficking charges in an attempt to seek convictions for both drug trafficking and an agreement to traffic drugs. To be convicted of conspiracy, the crime does not actually have to be completed. The most essential aspect of conspiracy is that two or more individuals come to an agreement or an understanding thus entering into a criminal venture. Conspiracy ends once an act advances the crime and the participants complete the criminal endeavor or someone extracts themselves from the situation.

Proving drug trafficking requires substantiating possession with the intent to dispense a controlled substance. Sentences are determined through the weight value of the total pills in question. A trafficking charge of hydrocodone at minimum is a three year sentence with a fine of $50,000 and a maximum of 25 years in prison plus a fine of $500,000.

Continue reading " Florida Drug Trafficking Defense Attorney :: Inverness, FL Doctor Accused of Trafficking Prescription Pills " »

Lakeland, FL - Detectives have arrested 36 women and 24 men, including a Disney worker and a teenager who towed her baby along, for soliciting another for prostitution, deriving proceeds from prostitution, or aiding and abetting prostitution. Detectives captured everything from the Central Florida bust dubbed “Operation Curtain Call” on film, from the accused prostitutes stripping to their arrests.

Detectives targeted online escort services promoting prostitution. According to the Polk County Sherriff’s Office, these online sites provide the means for prostitution to occur. Detectives were involved for a one-week investigation where officers posed undercover, surfed Internet websites and solicited escort services for anywhere between $50 to $700 each time.

According to WFTV, only one person arrested was from Polk County. The others came from Central Florida or out of state. The Polk County Sherriff’s Office said some came alone in taxis, some car-pooled and some even let their children tag along and arrived with condoms and even STDs. Detectives allegedly arrested people from all walks of life including a 15-year-old prostitute with her infant child, a five months pregnant woman, a school bus driver, pimps, gang members and a transgender male.

Police said they supposedly witnessed a 15-year-old mother show up to the house where the sting was taking place with her 2-month-old baby and gang-affiliated boyfriend. They supposedly waited in the car while the teen allegedly turned tricks inside. The baby was taken into custody by the Department of Children and Families.

Detectives said the suspects came from Michigan to Miami to visit the undercover sex sting operation. The last time the Sherriff’s office conducted a bust like this Craigslist ended up shutting down the escort service portion on its web site.

Prostitution busts like these are conducted all the time in Florida due to the many escort services that advertise all over the Internet. However, there is a fine line between legal behavior, such as stripping and dancing, and illegal prostitution. In these types of stings, police visit these sites trying to target all kinds of activities that can lead to an arrest for prostitution or a related offense. In most instances there will be a meeting setup at a hotel or house where every bit of the encounter will be video recorded. When there is enough evidence of prostitution an arrest will be made. This means the prostitute and anyone who tagged along to the location will be taken into police custody.

The crime of prostitution is pretty straightforward, but a person can be charged with aiding and abetting prostitution if they transport someone to a scene knowing illegal behavior will transpire. The state must prove that the driver knew the person they were driving was going to be dropped off for prostitution. Any money exchanged between the driver and the suspected prostitute can only strengthen the charge. A person convicted of prostitution or a related prostitution offense for the first time could face a misdemeanor punishable by up to a year in jail. A third conviction or more is a felony carrying a maximum sentence of five years in prison. If any offense brought against you involves a minor, the prostitution crime is punishable by up to 15 years in prison.

Continue reading " Florida Criminal Entrapment Defense Lawyer :: Polk County Undercover Prostitution Sting Operation Arrests 60 to be Prosecuted in Bartow, FL " »

The Hernando County Sherriff’s Office arrested a 55-year-old Spring Hill, Florida man for breach of peace and disorderly conduct after neighbors complained he pulled his pants down and urinated in his front lawn. Deputies say the man was allegedly intoxicated and found laying in his yard with his pants around his ankles.

Neighbors told police that the man was wearing jeans, but then he pulled them down to supposedly urinate.

According to the Hernando Today, the neighbors claim they could only see his backside, but were concerned for their small children.

Once deputies arrived at the man’s home he was helped to his feet and allegedly admitted to drinking roughly four beers. He wouldn’t answer why he urinated in his yard.

The man was transported to Hernando County jail with bail set at $250.

The legal definition of disorderly conduct is behavior that rises to the level of a “breach of peace.”Disorderly conduct is committed when a person’s behavior threatens the life or safety of other people. Disorderly conduct can cover a wide variety of behavior such as a bar fight, a loud disturbance in a quiet place or simply irritating a police officer. A disorderly conduct conviction is a second-degree misdemeanor punishable by up to one year in jail and a $1,000 fine. Resisting arrest can sometimes bump the charge up to a first-degree misdemeanor.

Continue reading " Spring Hill, Florida Criminal Defense Attorney :: Drunk Man Found Naked in His Yard Arrested for Breach of Peace " »

Two Port St. Lucie, Florida women have each been charged with two counts of animal cruelty by tormenting, depriving, mutilating or killing animals after they allegedly left two dogs inside a hot car at the Altamonte Mall on Saturday. Altamonte Springs police said that a mall security officer reported the dogs locked inside the car just after 2 p.m.

When officers arrived at the parking lot one dog was already dead. Firefighters tried to save the other dog, but it had to be euthanized. The dogs were male and female pugs.

According to the Orlando Sentinel, temperatures in Central Florida on Saturday were in the 90s. The pugs were trapped inside a black car, which is a color that police said absorbs heat and worsened the pugs’ situation. The windows were supposedly cracked slightly.

The dogs’ temperature was more than 120 degrees.

Security cameras allegedly show the women left the dogs inside the car one hour and 10 minutes before they were found. It was another hour before they returned to the car.

The women were taken to Seminole County jail and freed on $550 bail each.

According to the ASPCA, it only takes minutes for an animal to suffer from a heatstroke or suffocation when trapped in a vehicle. Unlike humans, animals sweat through their paws and cool themselves by panting. A pet’s body temperature can climb from a normal 102.5 to deadly levels within minutes. Extreme temperatures can injure the nervous and cardiovascular systems, often leaving the animal comatose, dehydrated and in jeopardy of eternal harm or death.

Animal cruelty charges in Florida can range anywhere from civil infractions to felonies. If convicted of an animal cruelty charge, you could be facing monetary fines ranging from $50 to $10,000 and the possibility of jail time. If the animal cruelty charge you are accused of is intentional, you could face a felony conviction punishable by five years in prison.

Continue reading " Orlando, Florida Criminal Defense Attorney :: Two Pugs Left to Die in Car in Sweltering Temperatures in Altamonte Springs " »

The Citrus County Sherriff’s Office arrested a 25-year-old Lecanto, Florida woman and a 29-year-old Beverly Hills, FL man for scheming to defraud, criminal conspiracy and giving worthless checks.

A deputy arrived at a Publix Supermarket in Inverness, FL after receiving a call from the store manager regarding a woman trying to return purchases made with a check for cash. The manager told the deputy that the checks the woman was using were from an account that allegedly had insufficient funds.

According to the Citrus County Chronicle, the woman and her boyfriend had been buying items at local Publix supermarkets with worthless checks and then going to different Publix stores to return the items for cash.

It is the understanding of law enforcement that an account was opened for $50 on April 1, 2011. Further, the allegation is a total of $530.77 that was written on this account and the total cash refunds were for $167.90.

According to the arrest report, the man and woman took turns making purchases and returning items.

The couple was transported to the Citrus County Detention Facility in Lecanto. Her bond was set at $4,100; his bond was set $3,500.

In Florida, you could face a worthless check charge by writing a check with reasonable knowledge that the check won’t clear or the account has been closed. The charge of Worthless Checks is a first degree misdemeanor carrying a potential jail sentence of up to one year and fines of no more than $1,000. If a single worthless check is more than $150 or multiple bad checks written total more than $150, you will face third degree felony charges with a potential sentence of five years in prison.

Many people bounce checks due to difficult financial situations. Due to a miscalculation of funds or a simple error in balancing their checkbook, people can write checks that bounce and end up facing criminal charges. Under Florida law, unknowingly writing a bad check can be a defense to a worthless checks crime. If the person cashing the check was notified there were insufficient funds available at the time of receipt, this too can be a defense to a worthless check charge and may prevent prosecution under Florida law.

Continue reading " Inverness, Florida Criminal Defense Attorney :: Citrus County Couple Arrested for Swindling Money from Supermarkets " »

A 42-year-old BSO sergeant and his wife have been charged with oxycodone trafficking and prescription fraud. Authorities said the sergeant allegedly filled more than 30 prescriptions for oxycodone, OxyContin and hydrocodone between April 2009 and December 2010. His wife allegedly purchased pain-killers more than 30 times between April 2009 and February 2011.

Five doctors have been involved in this case; police said one destroyed his medical records and one is deceased. The other three supposedly had no clue other doctors were prescribing pain pills to the couple.

The Fort Lauderdale sergeant has been suspended with pay as the investigation ensues. He has been with the BSO since 1989.

According to the Associated Press, Florida is the nation’s epicenter of drug abuse because of its lack of prescription drug database.

Oxycodone, also known by its trade name OxyContin, is an opiate doctors prescribe to patients for pain involving a severe injury or for post-surgery recovery. Oxycodone trafficking has been labeled the most serious drug trafficking offense in the state of Florida because of the extreme penalties attached to a conviction. For just a handful of pills, 4 to 14 grams of oxycodone, carries a minimum prison sentence of three years and a $50,000 fine. The possession of 14 to 28 grams of oxycodone carries a minimum of 15 years in prison and a $100,000 fine. If the amount is greater than 28 grams, approximately 75 pills, the minimum sentence a judge can impose is 25 years in prison and a mandatory $500,000 fine.

Oxycodone trafficking carries a maximum penalty of 30 years behind bars. All trafficking offenses are measured by the weight of the drugs. If the weight of the pills is greater than four grams, the charge increases from possession to trafficking.

Continue reading " Florida Drug Trafficking Criminal Defense Attorney :: Broward County Sherriff’s Sergeant Charged with Prescription Drug Fraud " »

Two Gator basketball forwards were charged with one felony count of third-degree burglary Sunday for allegedly trying to break into a car in St. Augustine, Florida. A Florida basketball student manager was allegedly acting as a lookout for the men and was charged with principal to burglary.

According to the Gainesville Sun, the two student athletes went into Scarlett O’Hara’s Bar and Restaurant around 2 a.m. saying they lost a wallet. St. Augustine police said that the men tried to get close to a female employee who was counting cash taken in for the night.

Bouncers asked the men to leave the premises. Moments later, the bouncers told police they saw the men attempt to break into a co-worker’s car parked across the street. All three men tried to leave the scene. Two were taken into custody after a brief chase. The other man turned himself into police.

The owner of the vehicle told police that nothing appeared to be missing from the car. The two forwards were taken to jail and released on $5,000 bond.

In Florida, there are three basic types of burglary: structure, dwelling and conveyance. In this case the men are accused of burglary of a conveyance. A conveyance is classified as any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car.

In the state of Florida you can be charged with burglary if you illegally enter any structure, dwelling or conveyance with the intent to commit an offense. Burglary usually occurs when no witnesses or victims are present, while robbery entails the use of force or fear to take another person’s property. The biggest factor in charging decisions on these types of cases is whether or not the house, garage, car, etc. was occupied during the alleged crime.

Continue reading " Florida Criminal Defense Attorney :: University of Florida Basketball Players Arrested for Burglary " »

Hernando County Detectives arrested a 42-year-old Sumter County, Florida woman Tuesday for various theft-related charges which fueled an alleged gambling book of more than $14 million at a Tampa casino over two years. She has been accused of draining six of her in-law’s accounts taking at least $513,535, leaving the elderly couple with nothing.

According to the St. Petersburg Times, the family of the elderly Brooksville couple knew something was wrong when a check to the dentist on the couple’s account bounced. Family members knew that there should be plenty of money to cover the check.

The family spoke with the bank and learned that the couple’s assets — including savings and checking accounts, CDs, annuities, life insurance and retirement funds — had been exhausted. They immediately notified the police.

A five month investigation revealed that the Bushnell woman’s husband had power of attorney over his parent’s finances, but his wife controlled the accounts. The husband supposedly had no clue that his wife deleted his parents’ accounts, transferred funds and used the money to gamble.

Police reports show that the woman spent more than $14 million over two years at the Seminole Hard Rock Hotel & Casino in Tampa. Her winnings' were around $13 million, leaving her with a deficit of more than $700,000.

She faces charges of exploitation of the elderly, organized scheme to defraud, forgery of checks and uttering forged checks. She was taken to the Hernando County Detention Center with bail set at $64,000.

Forging checks qualifies as bank fraud, a very serious federal and state charge where federal prosecutors often seek maximum penalties. Federal agencies usually conduct extensive investigations to gather evidence against someone for bank fraud, just like this case where investigators spent five months uncovering alleged fraudulent behavior. Forging checks occurs when someone signs a check owner’s name on the bottom of the check and endorses it to be cashed. Forgery can be punished by both federal and state laws, and even the smallest sum of money forged can be classified as a felony.

A conviction for bank fraud can include penalties of 30 years in state prison and fines up to $1,000,000. Check forgery has a definite outcome of fines and restitution, meaning all the money that was stolen must be paid back. If the person cannot pay the full amount back, courts can order the defendant’s assets to be seized and given to the victim. The United States Criminal Code has 45 statutes pertaining to fraud and forgery that the category of banks fraud falls under. Along with federal laws, there are state laws that can be applied to a conviction. A multiple court conviction will likely increase penalties.

Continue reading " Brooksville, Florida White Collar Crime Lawyer :: Bushnell Woman Strips In-Laws Bank Accounts to Feed Gambling Habits " »

LeBron James’ mother was arrested for simple battery and disorderly intoxication Thursday morning after a confrontation with a valet at Miami Beach’s Fontainebleau hotel. The 43-year-old woman allegedly hit a valet around 5 a.m.

According to NBC Miami, the woman requested her SUV from the valet who retrieved her car and brought it to the valet ramp. After the car was left running for supposedly 30 minutes while the woman spoke with other hotel guests, the valet turned off the SUV and gave the keys to the valet cashier.

The arrest report shows that the woman came looking for her car a short time later, yelling profanities at the valet. She allegedly slapped the valet across the face with her hand, lost her balance and fell to the ground.

Once police arrived at the hotel, James’ mother was in the car with another woman behind the wheel. James’ mom apparently would not speak to police about what happened, but the other woman told officers they had a verbal argument.

James’ mother was transported to the police station where it was noted she smelled of alcohol and had bloodshot eyes. Police reports show she was apparently uncooperative and refused to have her picture taken. She was released to Miami Heat executive Steve Stowe Thursday morning.

James’ mother was arrested on DWI charges in 2006 in Cleveland while James was with the Cavaliers.

Simple battery is any type of non-consensual, harmful or insulting physical contact with the intention to harm. In order for a person to be convicted of battery there must be proof that the offense was deliberate and meant to impose harm on the other party. There are different degrees of battery, but the charge James’ mother faces is a first-degree misdemeanor punishable by any combination of one year in jail, one year of probation or a fine up to $1,000. Simple battery can range from snatching a person’s wrist to chucking an object at them. The important thing to note on a simple battery charge is that no one has to be injured; un-consensual contact is the only requirement.

Continue reading " Florida Criminal Defense Lawyer :: Mother of LeBron James Arrested for Misdemeanors " »

The Alachua Police Department arrested a man on charges of fleeing and eluding police, possession of cocaine with intent to sell, possession of marijuana, driving while license suspended or revoked, hit and run from an accident scene and resisting an officer. The man ended a police chase by crashing into his own home.

According to the Gainesville Sun, a 20-year-old Alachua man was spotted by an officer driving around 2:30 p.m. on Monday. The officer supposedly knew the man’s license has been suspended and attempted to pull him over.

The man allegedly lead police on a chase ignoring traffic control signs for about 15 blocks.

The man pulled into his driveway and ended the chase by crashing the car into his house. He was arrested in his back yard. The defendant was handcuffed and a search turned up marijuana and cocaine. The accused was taken to the Alachua County jail.

According to the Department of Highway Safety and Motor Vehicles, around 30 percent of Florida’s motoring public is currently under a license suspension, revocation or disqualification. That translates to a whopping 4.6 million drivers that have their license suspended or revoked. A license can be administratively suspended through the DHSMV or it can be revoked through the court system.

In Florida, if you have three convictions for driving while your license suspended, your driver’s license will be revoked for five years as a habitual traffic offender. In 2008 the DHSMV mailed out 22,742 HTO announcements to Florida drivers. Over the course of the last three years more than 20,000 warnings went out.

You can be issued a ticket for driving with a suspended license knowingly or unknowingly.
DWLS knowingly is a criminal traffic offense that can be charged as a misdemeanor or felony. DWLS unknowingly is a civil violation. If someone is arrested for DWLS while on a HTO revocation, they could face a third degree felony punishable by up to five years in state prison.

Continue reading " Gainesville, Florida Habitual Traffic Violation Lawyer :: Alachua Man Crashes Car Into His Home to Avoid Arrest " »

Gainesville Police arrested a former University of Florida football player, Louis Morris Murphy Jr., Sunday morning for three misdemeanors. He was charged with possession of a drug without a valid prescription, failure to obey a police officer and resisting arrest without violence.

Murphy, currently a wide receiver for the Oakland Raiders, was taken into custody just after midnight.

A Gainesville police officer said he saw Murphy’s Cadillac Escalade blasting music and told him to pull over. Murphy allegedly continued driving to a city parking lot, exited the SUV with his passengers and walked away.

The officer flashed his lights and demanded Murphy to stop and identify himself. According to the Gainesville Sun, Murphy refused to show identification and insisted on finding out why he was stopped. After Murphy continuously failed to produce his ID, three officers had to place handcuffs on the 6-foot-2-inch, 180-pound NFL player because he refused to put his hands behind his back.

Officers said that Murphy consented to a search of his vehicle where an alleged non-labeled prescription bottle was found with 11 pills inside, later identified as Viagra. Murphy supposedly could not show a valid prescription for the bottle and claimed to have peeled the label off because he did not want his girlfriend to see it.

This is Murphy’s second arrest in Gainesville. He was arrested in 2006 for possession of less than 20 grams of marijuana. He accepted a plea deal and no jail time was served.

For the drug charge Murphy faces, a defense does exist. It is clearly identified in Florida Statute 893.13. If Murphy’s alleged statement to police about the prescription for Viagra being valid is true, a follow-up with his doctor could clear his charge of possession of a drug without a valid prescription. The statute says that a legitimate prescription for a medication that requires a prescription will undo a charge related to that medication. If Murphy lawfully obtained a prescription for Viagra, past or present, the drug charges could be dropped.

If Murphy’s claims prove false, he could be facing harsh consequences such as a two year driver’s license suspension, civil forfeiture and jail time.

Continue reading " Gainesville, Florida Criminal Defense Lawyer :: NFL Wide Receiver for the Oakland Raiders Arrested in Alachua County " »

Central Florida police arrested a 49-year-old Brooksville, Florida man Tuesday morning for three counts of criminal mischief, armed burglary and battery after he used a chainsaw to break into a hotel room and attack a man.

According to the Hernando County Sherriff’s Office, the victim was on a date with the suspect’s wife.

A female deputy arrived at a Best Western shortly after midnight after a 911 phone call was placed reporting a disturbance. The Tampa Tribune reports that a hotel clerk told the officer a man arrived at the hotel carrying a chainsaw and looking for his wife. The clerk would not give the man the information he wanted and left the room.

The clerk supposedly heard loud banging from outside and went to check it out. While in the parking lot he noticed his rear passenger-side door was smashed.

Witnesses allegedly saw the Brooksville man break the window of another vehicle in the parking lot with his fist. The man then ran upstairs and shattered the window of a hotel room and used his chainsaw to break inside.

The chainsaw was apparently not running.

After the man allegedly broke the window he confronted his wife and her date. The man evidently punched his wife’s date three times in the face. The man left the hotel after the battered man called the police.

The battered man’s car window was smashed. He refused medical attention.

The Brooksville man was arrested at his home later where the chainsaw was taken into evidence.

A hotel manager is supplying surveillance footage to police for evidence as well.

The Brooksville man was booked at the Hernando County Jail with bail set at $26, 500.

Criminal mischief, as defined by Florida statutes, is when you willfully and maliciously damage any property belonging to someone else. It can be deliberate or careless, malicious or merciless behavior that results in someone’s possessions being broken or ruined, at some quantifiable cost. The degree of punishment as a misdemeanor or a felony charge depends on the monetary value of the damage.

Along with criminal mischief charges, the man in this case faces charges of armed burglary and battery. Armed Burglary in Florida is a first degree felony punishable by up to life in prison. It is considered a violent crime even if no crime actually occurs. Since the burglary was committed without the use of a firearm the 10-20-Life statute can be implemented, which means a minimum sentence would be calculated under a guidelines score sheet. The charge of simple battery is a first degree misdemeanor which carries consequences of up to one year in county jail, no more than 12 months of probation and up to $1,000 fine, apart from some obligatory excess fees set forth by the Florida legislature.

Continue reading " Brooksville, Florida Criminal Defense Attorney :: Hernando County Man Attacks Estranged Wife’s Date with a Chainsaw " »

A 17-year-old male was arrested Wednesday by Pasco County police for involuntary sexual battery on a teenage girl. The alleged rape occurred at Fivay High School in Hudson, Florida.

The girl told police that the teenage male sent her a text in November to meet him near a boy’s restroom in the high school. The girl said the male pulled her into a boy’s bathroom stall and raped her.

According to BayNews9, the teenager denied any sexual contact with the girl and provided saliva samples for DNA testing to investigators. Testing revealed that his DNA was on the pants the girl was wearing the day of the alleged rape.

The teenager later told police that he lied about not having sexual relations with the girl, but said he did not have sex with her in the alleged time or place of the reported incident.

The teen’s name has not been released as he is not being tried as an adult.

Florida has very strict penalties for teens convicted of sex offenses. Many times sexual offenses allegedly committed by a juvenile are denied bond because of the serious nature the juvenile court system upholds. Juvenile cases are handled quite differently than adult criminal cases; the biggest difference being that juveniles are not given due process. Juvenile cases are heard by a judge who determines the punishments without a jury.

The laws in Florida regarding sex crimes vary by the degree of the crime committed. Penalties for a misdemeanor sex crime could entail jail time of less than a year or probation, a fine, and community service. Penalties for a felony offense, such as sexual battery, can include a lengthy prison term and lifetime registration as a sex offender. The most serious penalty for committing a sex crime as a juvenile is the possibility of registering as a sex offender for life. Any Juvenile 14 years of age or older found guilty of committing, attempting, soliciting or conspiring to commit sexual battery, lewd and lascivious battery and lewd and lascivious molestation are required to register within the Florida database.

Continue reading " Hudson, Florida Juvenile Criminal Defense Lawyer :: Pasco County Teenager Charged with Rape at Fivay High School " »

Orlando Florida Highway Patrol arrested two-time Monster Energy Supercross star James “Bubba” Stewart of Bartow, Florida Monday night after he tried pulling over two off-duty highway patrol officers while pretending to be a police officer.

The arrest affidavits show that 25-year-old Stewart was arrested with his friend, a 44-year-old man from Corona, California.

The Associated Press reports that Stewart had red and blue lights on the dashboard of his truck when he attempted to pull over two off-duty troopers who identified themselves. Stewart sped off after realizing the men were law enforcement.

The troopers called authorities and Stewart and his friend were stopped and arrested at the Orlando International Airport.

Both men allegedly agreed to talk with the arresting officers. Stewart supposedly admitted he activated the lights and his friend shared he hid them in his backpack when officers pulled them over. Stewart said he got the lights at a flea market.

Stewart’s friend was charged with tampering with evidence, a third-degree felony. Stewart’s charge is a first-degree misdemeanor.

Both men were transported to Orange County jail where they posted cash bonds and were
released.

In Florida it is illegal to deceitfully pretend to be a police officer, a federal officer or employee or any other public official. Although the laws vary from state to state, Florida considers it a crime to use paraphernalia used by law enforcement officers, such as the red and blue flashing lights Stewart used to flag down the troopers. It is also a crime to flash a fake police badge and possession of a firearm could enhance the penalty for false impersonation of a police officer.

Tampering with evidence is the deliberate and planned physical exploitation, demolition or fabrication of evidence pertinent to a criminal case or investigation. This charge is very important to the ethical standing of the court and often results in at least third degree felony penalties. Possible consequences for a tampering with evidence conviction include possible jail time, probation or parole, restitution and community service.

Continue reading " Bartow, Florida Criminal Defense Lawyer :: Motocross Champ James Stewart Arrested for Impersonating an Officer " »