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Posted: October, 2011

Tampa, FL Assault and Battery Lawyers Whittel & Melton :: Lindsay Lohan’s Father Arrested for Alleged Domestic Violence

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Michael Lohan, father of actress Lindsay Lohan, was arrested Monday night in Tampa, Florida on suspicion of domestic violence.

Police responded to an alleged domestic violence call at Lohan’s home and arrested him for battery on his live-in girlfriend.

According to police, after Lohan, 51, was taken into custody he started complaining of chest pains. He was transported to a hospital and after checking himself out, he was placed under arrest.

Lohan was arrested in Los Angeles for his involvement in an alleged domestic violence in March where he was charged with one misdemeanor count of corporal injury to a cohabitant.

Allegations of Domestic Violence need to be handled quite carefully because of minimum mandatory sentencing guidelines for charges as well as increased public and media attention these types of cases draw in. Lohan’s celebrity status and previous criminal record could influence how the prosecution chooses to handle this case. Undoubtedly, an experienced Criminal Defense Attorney is needed for any type of Domestic Violence charge due to the extremely sensitive nature and high degree of emotion involved in these cases.

Typical Domestic Violence allegations can include battery, aggravated battery, assault, aggravated assault, stalking, kidnapping, child abuse and violation of restraining orders. Most people think that domestic violence only covers abuse between spouses or partners, but the statutes covering this area of the law are really far more extensive. Domestic violence encompasses charges related to child neglect, elder abuse, stalking, threats, emotional abuse and other types of abusive behavior toward another person. Essentially, any threatening or violent act, regardless of intentions to inflict harm, could be grounds for prosecution under Florida Domestic Violence laws.

Domestic Violence charges can be filed as a misdemeanor or a felony. Ultimately this decision is made by a prosecutor who bases the choice on victim and witness credibility, severity of injuries and the facts surrounding the case. In most scenarios, severe injuries such as broken bones and significant bruises will be charged as a felony. Slight injuries or no apparent injuries are usually charged as a misdemeanor. However, any prior acts of Domestic Violence or a criminal history may have bearing on how the prosecutor chooses to file the case. Consequences associated with a Domestic Violence conviction can range from brief jail sentences, counseling and community service to multiple years in state prison, fines and restraining orders.

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Posted In: Criminal , Domestic Violence , Hillsborough County

Posted: October, 2011

Brooksville, FL 1st degree Murder Lawyer Whittel & Melton :: Hernando Deputies Shoot Man Accused of Tossing Firebomb

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Nearly 100 yards from where a Brooksville, Florida woman was bludgeoned to death about a month ago, investigators shot a man in the abdomen.

Five investigators approached the 60-year-old man’s home on Sept. 27 with a search warrant in tow when the man allegedly opened the door and tossed a flaming Molotov cocktail at the deputies and began firing a nail gun at them.

The man was taken to the hospital where he is expected to recover. No deputies were injured by the flames or nails.

The man shot is the father-in-law of a woman who was killed less than a block from his home on Sept. 16. The man is a person of interest in the homicide investigation.

After the alleged firebomb attack, the man was charged with five counts of attempted first-degree murder of a law enforcement officer and three counts of throwing a destructive device with intent to harm a person.

According to the St. Petersburg Times, the Florida Department of Law Enforcement is investigating the shooting. The deputy who fired the shots was placed on administrative leave with pay, which is customary in all shootings that involve a deputy. The four other deputies on the scene supposedly did not fire.

While this man is expected to recover quickly from gunshot wounds, he does face some serious criminal charges that will require the assistance of an experienced criminal trial lawyer from start to finish. In the state of Florida, crimes of violence often carry the stiffest penalties. Since the charges involve law enforcement officers, the man could face a lengthy prison term and a mandatory minimum sentence could be imposed. Moreover, when attempted murder cases involve police officers the State can be more difficult to negotiate with because they tend to be very protective of police, especially if they are wounded.

A person can be charged with attempted murder if that person took steps towards an unlawful killing and had the intent to kill another person. Basically, a prosecutor must prove that the accused had the intent to kill. An Attempted murder conviction carries a maximum penalty of life in prison with the possibility of parole. In situations like these, many times charges are filed for attempted first degree murder when a lesser charge, like assault, is more appropriate. If a prosecutor cannot establish intent, you cannot be convicted of attempted murder.

Additionally, Florida law is very strict about cases that involve weapons. Significant penalties can be enforced for merely possessing a weapon. Oftentimes in criminal cases, a strong defense can evoke reduced penalties, lesser charges or a possible dismissal of all charges. Even if evidence seems to point to overwhelming guilt, a proper demonstration of mitigating circumstances prepared by the Florida Criminal Defense Lawyers at Whittel & Melton can lead to significant decreases in penalties.

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Posted In: Attempted Murder , Hernando County , Homicide

Posted: October, 2011

Florida White Collar Criminal Defense Attorneys Whittel & Melton :: Jacksonville Man Arrested in Operation Hackerazzi for Allegedly Stealing Nude Photos of Hollywood Celebs

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Federal authorities arrested and charged a 35-year-old Jacksonville, Florida man for allegedly hacking into more than 50 celebrities e-mail accounts, as well as breaking into Hollywood starlet Scarlett Johansson’s phone and leaking nude pictures of her to the Internet.

He was charged on Wednesday morning with 26 counts of accessing protected computers without authorization, identity theft, damaging protected computers without authorization, and wiretapping.

Other victims included Christina Aguilera, Mila Kunis, Simone Harouche and Renee Olstead.
His arrest was part of a crackdown on hackers who target celebrities called Operation Hackerazzi.

According to the FBI, the man used publicly available data about the celebrities to supposedly hack into their e-mail accounts. He allegedly set a secret forwarding address so that all incoming e-mails would be sent to an account he controlled.

The man is accused of hacking into Johansson’s Yahoo account in December 2010. He supposedly broke into Harouche and Augilera’s accounts at Apple’s Me.com email service a month earlier.

Nude photos of Johansson and intimate portraits of Kunis and Justin Timberlake supposedly appeared online in early September. The man is accused of offering the photos to celebrity-focused blogs. It is unknown if the man tried to sell the pictures.

The U.S. District Attorney’s office in Los Angeles wants the man transferred to L.A. for trial.

This man faces a maximum prison sentence of 121 years. Cybercrime charges like hacking and identity theft require the knowledge of technical computer skills as well as aggressive legal defense skills. Cybercrime charges should be taken very seriously as prosecutors often try and push for maximum penalties. Many charges related to hacking are made in federal court, so it is important to be vigilant in your defense.

E-mail hacking has become quite popular over the last few years because many people receive, send and store personal and private information through their e-mail accounts. According to the FBI Internet Crime Complaint Center, the Internet Crime Complaint Center Web site received 336,655 complaint submissions in 2009 regarding cybercrimes, a 22.3 percent increase compared to 2008 reports. It is important to understand that both state and federal laws govern computer hacking. Hacking crimes entail gaining unauthorized access to private information in order to commit Internet-related crimes such as credit or debit card fraud, identity theft, phishing, vandalism, intellectual property theft and other forms of cybercrime.

As always, early intervention is crucial in obtaining positive results. Different from crimes committed in person, online activity like Internet fraud can be viewed and tracked by other users including police. Computer and Internet crime consequences can include jail, state or federal prison, restitution, fines, probation and even potential loss of employment. The Florida White Collar Criminal Defense Attorneys at Whittel & Melton are available around the clock for a free consultation, so contact us today.

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Posted In: Florida , White Collar Crime

Posted: October, 2011

Criminal Defense Attorneys Whittel & Melton Representing Spring Hill – Brooksville :: Hernando County Woman Charged with Operating an Assisted Living Facility without a License

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The Florida Office of the Attorney General announced the arrest of a Hernando County, FL woman who allegedly operated an assisted living facility without a license.

The woman was arrested Thursday by law enforcement officers with the Attorney General’s Medicaid Fraud Control Unit. The Hernando County Sheriff’s Office assisted with the arrest.

She was charged with one count of operating an assisted living facility without a license, a third-degree felony.

According to Florida State Attorney General Pam Bondi, the case will be prosecuted by the State Attorney’s Office for the Fifth Judicial Circuit.

If this woman is convicted of operating an assisted living facility without a license, she could face up to five years in prison along with a $5,000 fine. In most states, like Florida, assisted living facility programs must be licensed and can only provide select services according to state laws. Likewise, assisted living programs must comply with health and safety laws. State regulations on these facilities are quite strict and rules can range from mandatory locks on certain doors to what ingredients can be used to prepare meals.

Prosecutors in the state of Florida view proper licensing as one of the most important elements in guaranteeing quality care at an assisted living facility as well as nursing homes and group homes, which is why there is a large focus on law enforcement to arrest owners of unlicensed facilities. Licensed facilities must adhere to firm government requirements regarding employment, medication management, and compliance with fire and safety codes. Florida law states that without a proper license it is illegal to provide housing, meals and services for more than 24 hours to adults who are not relatives of the owner or administrator of the assisted living facility.

State officials typically review assisted living facilities at least once a year to ensure there are no violations of laws regarding health and safety. A facility can only be licensed if all health and safety codes are up to par. The State views unlicensed facilities as extremely dangerous and generally pushes for maximum penalties, even though a license does not ensure a facility will not commit neglect or abuse to residents. Many times charges of Medicaid fraud follow an arrest for operating an assisted living facility without a license. It is extremely important to consult with an attorney experienced in these areas immediately following your arrest. It is not uncommon for the attorney general’s office to create criminal charges based on false accusations. Depending on circumstances unique to your case, the Florida Criminal Defense Attorneys at Whittel & Melton may be able to negotiate a positive outcome for your case.

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Posted In: Criminal , Hernando County

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Jason M. Melton

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