Florida Criminal Attorney Blog

A 52-year-old Columbian man was arrested in the Orlando area Saturday morning for having $6,500 in counterfeit U.S. currency in his possession.

A Kissimmee police officer pulled the man over Saturday morning driving a dark blue BMW with a tinted front windshield. The officer apparently instructed him to pull over while he was conducting an unrelated traffic stop in the same area.

After checking the vehicle, it was allegedly determined that the car was not properly registered to the driver. The man was detained while the officer performed a field investigation.

Investigators claim the man gave his consent for officers to search the vehicle where they allegedly uncovered a black purse containing three separate envelopes, one of them apparently containing 50 counterfeit $100 bills.

The man was placed under arrest and taken to the Kissimmee Police Department to be interviewed by Kissimmee Police Detectives and a United States Secret Service Agent.

According to the Kissimmee Police Department, a thorough search of the vehicle revealed $14, 802 of valid U.S. currency, $6,500 of counterfeit U.S. currency and 46 random gift cards from various retailers.

The man was charged with possession of more than 10 counterfeit bills and was transported to the Osceola County Jail. At the man’s request, the Columbian Consulate was contacted.

Counterfeiting represents the act of generating false currency and distributing it or attempting to distribute it as a genuine form of cash. Counterfeiting can also include other criminal activities including possession of counterfeit money or goods or trafficking in counterfeit money or goods.
When counterfeiting involves money or government bonds, it is charged as a federal crime. Like most white collar crimes, this means federal agencies will investigate and prosecute the case. Not only do these federal agencies have more resources than law enforcement organizations at the state level, they tend to show fewer leniencies to those accused of counterfeiting.

In order for the prosecution to obtain a conviction in a counterfeiting currency case, it must be shown that the accused knowingly committed the offense. A Florida Counterfeit Defense Lawyer may be able to present compelling evidence to the jury that may result in a dismissal of charges if the following can be demonstrated:

• The accused did not commit the crime of counterfeiting

• The accused unknowingly was in possession of counterfeit money

• The accused had no intent to commit the crime of counterfeiting

• Any evidence pertaining to the charge of counterfeiting is insufficient or inconclusive

When accused of a counterfeiting offense, it is important to consult with a Florida Counterfeit Defense Lawyer at Whittel & Melton as early on in the process as possible. It does make a difference how soon a defense attorney is brought into the process. By consulting with legal counsel during the early stages of an investigation, the prosecution may be persuaded that they do not have a convincing case against you which could result in no charges being filed.

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A 39-year-old Royal Palm Beach, Florida man has been charged with one count of filing a false personal income tax return for 2008 for himself and seven counts of filing false tax returns for his clients.

He is also charged with fraudulently claiming the First-Time Home Buyer Credit and other tax credits and deductions.

The man apparently ran a tax return preparation business in Palm Beach County.

Prosecutors claim the tax loss to the government was between $400,000 and $1 million.

The man allegedly improperly claimed earned income tax credits, home mortgage interests, business credits, gifts to charities and medical and dental expenses for his clients.

If this man is convicted of tax evasion, he faces potential penalties of up to three years in prison and up to $250,000 in fines for each charge. While searching for ways to dodge tax liability is legal in the U.S., intentionally not paying the taxes you owe can result in felony tax fraud charges. Charges of criminal tax evasion can include:

• Filing a False Tax Return

• Failure to File Taxes

• Failure to Pay Taxes

• Assisting in Preparing a False Tax Return

Additional charges that can arise in tax fraud cases may include mail fraud, making false statements and making false claims. Criminal tax evasion charges may also result from failing to report all income or claiming false deductions. In tax evasion cases, the government must prove knowledge and willfulness to deceive. The penalties are unique to the charges you face and are contingent upon the amount of taxes you owe the federal government.

If you are under investigation for filing false tax returns, it is best to contact a Florida Tax Crimes Attorney immediately. At Whittel & Melton, we can best protect your rights by getting involved as early on the case as possible. Depending on the circumstances exclusive to your case, we may be able to negotiate with the IRS to avoid criminal penalties.

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Ex-Orlando Magic point guard Darrell Armstrong was arrested in California Tuesday on an outstanding warrant stemming from an alleged unpaid $37,500 debt at a Las Vegas Strip casino.

The 43-year-old current Dallas Mavericks assistant coach is accused of writing a worthless check and theft deriving from casino markers or IOUs last June at a Vegas hotel and casino.

According to the Los Angeles County Sheriff’s Department, Armstrong is wanted by the Clark County district attorney’s office for his alleged involvement in the case.

Armstrong was apparently stopped Tuesday around 8 p.m. for an alleged traffic violation. He was arrested and transported to the sheriff's Marina del Rey station.

He was released Wednesday afternoon after posting $40,000 bond set by authorities in Nevada.

He joined the Mavericks for the team’s Wednesday game against the Lakers, taking his usual seat one row behind the bench.

Florida Statutes define the crime of passing off a worthless check as writing a check with reasonable knowledge that the account it was written from has insufficient funds or has been closed. The State of Florida considers a bad check charge a “crime of dishonesty” which could affect your employment status even after your case is resolved. A worthless check offense is classified as a first degree misdemeanor if the check is written for an amount less than $150 and carries a potential jail sentence of up to one year and fines of no more than $1,000. If a single worthless check happens to add up to more than $150 or multiple bad checks written total more than $150, the crime is elevated to a third degree felony punishable by up to five years in prison.

There are multiple reasons a check may be dishonored by the bank. Should a banking institution stamp a check with any of the following memos, a person can be prosecuted under the Worthless Check Statute:

• Non-Sufficient Funds

• Insufficient Funds

• Account Closed

• No Such Account

• Account Not Found

• Uncollected Funds

• Refer to Maker

Unfortunately, simply settling your debt pertaining to a dishonored check, draft, bill of exchange or a debit card order is not a viable defense for the charge and does not mean your case will be dismissed. However, if the check amount is paid immediately the State Attorney’s Office may choose to not continue with prosecution. Even if a case has already been opened, a Florida Criminal Defense Attorney may be able to persuade prosecutors to drop the charges in exchange for a payment of restitution.

The victim of a worthless check may choose to take civil action against you for passing off a bad check. In fact, the victim may seek damages for up to three times the amount of the check. In addition, you may be subject to attorney fees, court costs and bank fees should you be found guilty.

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A Florida Ave Maria law school student is being held on $1 million bond after police claim he supposedly pointed a gun at his ex-girlfriend and fired shots at his roommate.

The 25-year-old student was charged Friday with attempted murder and aggravated assault with a deadly weapon.

According to the Naples Daily News, the man allegedly forced his roommate and ex-girlfriend to their knees on the street while pointing a gun at them. The woman apparently ran to the apartment to call the police, while the man fired several shots in the air.

The man allegedly ordered the roommate to his feet while pointing the gun at him. According to reports, no one was injured.

The man is scheduled to make his next court appearance on Feb. 6.

Aggravated assault can be defined as the use of intentional force that puts another individual in fear of impending danger. Certain circumstances can elevate this crime to be considered aggravated including:

 Use of a deadly weapon

 Assault against a family member or relative

 Assault against a police officer

 Assault that results in serious bodily injury

The use of a deadly weapon is not limited to a gun, and may include any type of instrument capable of bringing about serious bodily injury or harm. In the State of Florida, aggravated assault with a deadly weapon is a third-degree felony carrying consequences of up to five years in prison. However, if a person is charged with aggravated assault with a firearm a mandatory minimum sentence of three years in prison must be enforced.

For an aggravated assault with a deadly weapon charge, the State does not have to prove that you harmed another person or that you even made physical contact with the person. If it can be shown that you had the ability and the intent to inflict harm on another person, then you can be charged with this crime. In fact, simply threatening someone with a dangerous device, with an apparent ability to carry out the threat, can result in an aggravated assault arrest.

The Florida Aggravated Assault Defense Attorneys at Whittel & Melton work with investigators and related experts to exhaust all probable defenses to get your aggravated assault charges dismissed. There are numerous defenses that may be grounds for challenging the accusations including self-defense, provocation, defense of your property and defense of a third person. In addition, any faults with evidence must be exposed. Our attorneys can work to uncover any unlawful search and seizure issues as well as any conflicts with evidence or witness testimony.

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Florida authorities believe that a 12-year-old boy may have been critically wounded on New Year ’s Eve following a celebratory gunshot supposedly fired into the air miles away.

According to reports, the boy and his family were outside their home enjoying the fireworks display around 1 a.m., when the boy fell to the ground bleeding from his eyes and nose.

The boy’s family, unable to determine the cause of bleeding, rushed the boy to South Bay Hospital where doctors confirmed a bullet had entered the top of his head. He was transferred to Tampa Bay General Hospital where he remains in critical condition with the bullet still inside his head.

No reports of gunfire nearby were reported, but police suspect the boy was hit by gunfire falling from the sky from miles away.

Police are questioning people in the surrounding area in an effort to figure out who pulled the trigger.

A Spokesman for the Hillsborough County Sheriff’s Office calls the act irresponsible and said the crime carries felony consequences.

The illegal discharge of firearms is banned within city limits and prosecuted rather vigorously in Florida. So-called “celebratory gunfire” is considered reckless and when a stray bullet lands it can result in serious injuries. When a gun is fired up in the air it can be very difficult to trace where the shot was fired from. Where a randomly fired bullet lands depends on the angle of the trajectory it was fired at. Generally, the lower the trajectory, the faster the bullet, and it could fall from several thousand yards away.

In some areas of the world, celebratory gunfire is a tradition and it is acceptable to set off destructive devices in celebration of weddings, anniversaries and other such festivities. Randomly firing a gun in a public place is a felony in only a few states, and in Florida it is a misdemeanor offense. Studies show that the possibility of death from a bullet shot in the sky is far greater than other gunshots because they cause head injuries 80 percent of the time.
Strict Florida laws prohibit anyone from knowingly and willingly discharging a firearm in a public place, which includes public roads, streets, highways, a vehicle, private residence or any other occupied dwelling. Any individual that does discharge a weapon in a public place or inside a residence can be charged with first-degree misdemeanor punishable by up to one year in jail. Likewise, if a person discharges a firearm from inside a vehicle, within 1,000 feet of another person, they will face a second-degree felony carrying consequences of up to 15 years in prison.

If you think you may be charged with a weapons offense in Florida, it is important to understand that the State takes these charges quite seriously. There are numerous weapons crimes that can be committed and criminal history, the type of firearm used and the person’s intent can all play a role in determining the charge. It is very important for anyone that could potentially be charged with a weapons offense to contact a Florida Firearms Lawyer immediately to discuss your options. The Florida Firearms Defense Lawyers can start building an aggressive defense for you right away, so it is crucial to the outcome of your case to act fast.

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Six Citrus County, Florida residents have been arrested and are facing various drug charges after investigations conducted by the Sheriff’s Office and the CCSO’s Tactical Impact Unit and Pharmacy Diversion Unit revealed illegal dealings of prescription narcotics.

The arrests ranged from doctor shopping to hydrocodone trafficking. Several of the supposed suspects, ranging in age from 22 to 57, are accused of selling cocaine and other substances as well as selling their prescription pills for a profit.

A CCSO spokesperson mentioned that the introduction of Florida’s new prescription drug monitoring program E-FORCSE or Electronic - Florida Online Reporting of Controlled Substances Evaluation makes it easier than ever to monitor who may be doctor shopping. Law enforcement agents, doctors and pharmacists can use the program to see what drugs patients are receiving and from what doctors.

Doctor shopping also known as Obtaining a Controlled Substance by Fraud has become an increasingly popular charge in Florida. Due to the large amount of pressure placed upon law enforcement to track down those suspected of prescription drug abuse, new tracking systems have been developed to monitor patient’s medical records and pharmacy histories. These amped up security measures put doctors as well as patients at a greater risk for being accused of committing a prescription drug crime. Electronic databases put even patients given legal prescriptions to treat an injury or illness in jeopardy of a drug crime arrest.

Doctor shopping, in general, is when a patient visits multiple doctors to gain access to multiple prescriptions. It is illegal for patients to visit different doctors without disclosing that information to them, even if they are under the care of several physicians for legitimate reasons. In the State of Florida, doctor shopping is classified as a third-degree felony that carries mandatory penalties and could include up to five years in State Prison. In addition, the State can charge every transaction as a separate crime, which could result in multiple consecutive sentences.

The Florida Drug Crimes Defense Lawyers at Whittel & Melton are experienced with how the State Attorney’s Office investigates these types of crimes and will work to get your charges related to doctor shopping or any other type of drug charge reduced or dismissed. As trial attorneys, we treat every case as if it is going to trial and can provide you with a solid defense no matter what the circumstances are surrounding your arrest.

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Sam Hurd was released from the Metropolitan Correctional Center on Dec. 16 after posting $100,000 cash bail, but the former Bears receiver will now have to look for a job elsewhere.

The team decided to cut Hurd on Dec. 16 after reviewing the drug allegations stacked against him.

Hurd was arrested on Dec. 14 outside of a Chicago steakhouse. He is accused of accepting a kilo of cocaine from an undercover federal agent masquerading as a drug dealer. He is also accused of attempting to set up a major drug network.

Police claim that Hurd told the undercover agent that he wished to purchase five to 10 kilos of cocaine and 1,000 pounds of marijuana a week to sell in Chicago and that he was supposedly moving four kilos of cocaine a week.

After appearing in court and posting bond, Hurd’s attorney did not respond to any of the specific allegations in the criminal complaint, but did address the rumors that Hurd was supplying drugs to various NFL players as 100 percent false.

Charges against Hurd have been filed in Texas, which is where his next court date will be. While no date is set as of yet, it should be scheduled within the next 30 days, after a grand jury hears the case.

A former federal prosecutor shared that the case against Hurd appears to be solid based off the criminal complaint, but other factors could play a role in how the case shapes up, including what information Hurd can offer prosecutors build a case against others.

It is not mentioned whether Hurd will attempt to get picked up by another team as he fights the drug case with the potential to put him in jail for 40 years.

The most serious drug crime in the state of Florida, whether prosecuted in state or federal court, is drug trafficking. Under Florida Statutes, a person in possession of less than a kilo of cocaine can be charged with drug trafficking. In fact, the only difference between cocaine possession and cocaine trafficking boils down to the amount of cocaine seized during the time of arrest. Individuals could face anywhere from three to 25 years in prison for drug charges in Florida, contingent upon the type of drug and the amount seized.

In Florida, oftentimes drug trafficking charges stem from undercover sting operations. Depending on how initial contact was made between the accused and an undercover officer as well as how the drug evidence was seized, possible trafficking charges could be dropped. Undercover drug busts must follow clear-cut procedures and drug charges can be dismissed if law enforcement officers neglected to acquire an appropriate warrant, used an illegal wiretap or failed to link the accused to the alleged drugs due to scarce evidence.

Despite the allegations surrounding your drug arrest and what federal agencies may be involved, the Florida Drug Crimes Defense Lawyers at Whittel & Melton may be able to assist you in combatting state or federal drug charges. If your charges cannot be dismissed, we prepare for trial and in the meantime will negotiate with prosecutors for the least amount of prison time or even request a suspended or alternative sentence. Many times in drug cases, the State’s case may fall under a gray area and our attorneys can pick out the strengths and weaknesses of the prosecution’s case to better defend you.

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