Florida Criminal Attorney Blog

Former Tampa Bay Rays outfielder Elijah Dukes was arrested Thursday morning after he allegedly attempted to eat a plastic bag filled with marijuana and had a blunt tucked behind his ear.

The 27-year-old man was stopped by an officer around 1 a.m. for apparently committing a traffic violation.

Police claim that after they stopped Dukes, they noticed a small bag of marijuana sitting in his lap. He allegedly tried to stick the bag of marijuana in his mouth.
Police removed the bag from his mouth and placed the man under arrest. After taking the man into custody, police apparently noticed a blunt tucked behind his right ear.

Dukes was taken to the Hillsborough County Jail around 3:30 a.m. and was still being held Thursday morning.

He faces charges of tampering with physical evidence, possession of less than 20 grams of marijuana, possession of drug paraphernalia and driving with a cancelled, suspended or revoked license. In addition, he was also being held on two Hillsborough County warrants for driving with a suspended knowledge and operating with a suspended or revoked driver's license.

His bond was set at $4,750.

In the past year, Dukes has been arrested five times, mostly pertaining to charges of driving with a suspended, cancelled or revoked license.

He was accused of hitting his pregnant ex-girlfriend in March 2011.

Past arrests include contempt of court and failing to appear in a case where he owes an ex-wife child support and alimony.

Possession of Marijuana, also known as cannabis, pot or weed, can be a serious crime in Florida. The penalties associated with a possession of marijuana charge depend on the quantity you were arrested with. Possession of Less Than 20 Grams of Marijuana is known as “simple possession” of marijuana and is a misdemeanor offense that carries up to one year in county jail, probation, fines community service and random urine screenings. Additionally, a conviction for possession of marijuana can tarnish your record and make it difficult to find a job. It is also important to note that a conviction for a drug-related crime, including possession of marijuana, could result in a two year suspension of your Florida driver’s license.

If you have been charged with a drug possession crime anywhere in the state of Florida, it is important to consult with a criminal defense attorney right away to ensure the best possible outcome for your case. Whether your possession case involves marijuana, cocaine, methamphetamines, prescription pills or any other controlled substance, the Florida Drug Crimes Defense Attorneys at Whittel & Melton can work on your side to aggressively defend your case. We are trial attorneys that stand ready to attack your charges in a courtroom, should that be necessary.

While it is important to be aware that the final outcome of your case is contingent upon the unique set of circumstances involved, the Florida Drug Crimes Defense Attorneys at Whittel & Melton will demand that your legal rights are protected and fight for favorable results on your behalf. Depending on the facts associated with your drug case, our attorneys may be able to negotiate with prosecutors to have the charges stacked against you reduced or even dismissed entirely.

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A 51-year-old man was arrested Friday after local drug agents allegedly found marijuana and a shotgun at a property apparently owned by the man.

A Marion County Sheriff’s Deputy allegedly went to an Ocala, Florida home to serve an arrest warrant on Feb. 7 for a 51-year-old woman. The deputy allegedly noticed several plants that appeared to be marijuana in the back yard while peering through a window at the residence, including several small plants on the kitchen table.

Multi-Agency Drug Enforcement Team agents were called to the residence. Agents claim they smelled and detected marijuana at the scene, and when they could not find anyone at the residence they left to obtain a search warrant for the property.

After receiving the search warrant, agents allegedly found 69 marijuana plants growing inside the home, three marijuana plants in the back yard and a 12-gauge double barrel shotgun inside the master bedroom.

On Friday, agents claim they found the man not far from where the marijuana plants were discovered and arrested him.

In an interview with the agents, the man allegedly told them the marijuana and the shotgun was his.

Records indicate the man is a convicted felon and should not be in possession of any firearms.

The man allegedly told investigators that he had a second residence that contained marijuana.

With the man’s alleged consent, detectives went with the man to two buildings. Detectives allegedly uncovered two marijuana plants in the yard of one property, and five in the second yard.

Agents claim the seven plants were around 3 feet tall.

In the yard of one of the buildings, agents allegedly viewed 36 plants with heights between five to 10 inches tall.

According to officials, the man apparently told agents he was selling the products from the plants he had been growing.

He was arrested and charged with two counts of cultivating marijuana and one count of possession of a firearm by a convicted felon.

Under Florida statutes, drug cultivation refers to growing a plant deemed an illegal substance. In general, most cultivation charges stem from being in possession of cannabis plants, also known as marijuana. The amount of drugs a person is found growing plays a fundamental role in whether felony or misdemeanor charges apply. Another key factor relies heavily on intent. There are two crimes that can be charged for drug cultivation in Florida, including:

• Cultivation with Intent to Distribute: This crime is a felony offense that carries a minimum sentence of 1 year in state prison. Additional penalties such as fines, probation, registration as a narcotics offender, counseling programs and drug rehabilitation can be tacked on.

• Cultivation with the Intent for Personal Use: While the lesser of the two crimes, this offense is classified as a misdemeanor punishable by up to 12 months in county jail. This crime is a lighter offense because the cultivation was done for personal advantage, not for the purposes of selling or distributing drugs to others.

With a drug cultivation conviction carrying such hefty consequences, it is extremely important to develop a powerful defense strategy in an effort to reduce or drop criminal charges. Attempting this matter alone is never a good idea, as you could be subject to maximum penalties associated with a drug cultivation charge. A Florida Drug Crimes Attorney can assist you with establishing an appropriate defense for the charges you face. Often, this can be the difference between serving the maximum penalties and receiving a reduced sentence.

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Two 16-year-olds and a 15-year-old were charged with aggravated stalking with a hate crime enhancement Friday after police were called to investigate a reported incident at a school bus stop in Palm Bay, Florida.

The trio is accused of repeatedly attacking and bullying an autistic teen while using racial slurs.

Police reports indicate the autistic teen attempted to run away from the teens and was almost struck by a motorcycle and a pickup truck.

As the teen sat on the school bus, he was allegedly struck in the face repeatedly.

Police claim a video of the alleged incident was posted on Facebook, which caused the teen to be admitted to a medical facility for an evaluation.

The three teens were arrested and taken to the Juvenile Detention Center in Sharpes.

The teens will make their first appearance in front of a Juvenile Court judge within 21 days for a hearing on the charges.

The State Attorney’s Office will later decide whether to pursue the hate crime charge and whether to prosecute the teens as adults.

It will be interesting to see if the prosecution chooses to pursue the enhanced hate crime charge and if the teens will be tried in adult court. Studies show that trying minors as adults does not actually rehabilitate teens; rather, it makes them more vulnerable to reoffend upon being released back into society. As former State Juvenile Prosecutors, the Florida Criminal Defense Lawyers at Whittel & Melton understand the importance of keeping children from being charged as adults. We will vigorously fight to keep your child out of adult court or make sure that the full range of legal defenses are presented to your child.

A hate crime can be charged anytime a person or group is targeted due to their religion, race, ethnicity, gender, age, nationality, political association, sexual orientation or disability. Contrary to popular belief, hate crimes do not have to involve physical violence to be charged as such. In fact, the mere threat of violence can bring about charges. Hate crimes are considered felony offenses punishable by imprisonment, probation, restitution to the victim, mandatory counseling and large fines. The death penalty can be imposed in serious hate crimes cases, typically those involving murder.

Hate crimes accusations are not taken lightly by law enforcement or prosecutors. The State has no tolerance for individuals who commit acts of hate against others and endanger innocent lives. Even if you never inflicted any harm on another, you will still be aggressively prosecuted. For these reasons alone, it is imperative to contact a Florida Criminal Defense Lawyer as soon as possible to guide you through the criminal process.

Continue reading " Florida Juvenile Criminal Defense Attorneys Whittel & Melton :: Three Palm Bay Teens Accused of Hate Crime " »

The University of Florida’s Alpha Phi Alpha fraternity has been suspended and is currently under investigation for hazing by campus police.

According to the University of Florida spokeswoman, the fraternity was suspended after a student suffered severe injuries over the weekend from what investigators believe was hazing.

The UF Vice President of Student Affairs claims an investigation started as soon as hazing allegations were brought to light.

The off-campus organization is currently suspended from holding meetings or operating as an organization until police conclude their investigation.

University of Florida Police has not said how many students may have been involved in the alleged hazing events. Investigators believe that the so-called hazing took place between January 9 and February 4. They were apparently alerted to the situation Saturday.

According to police, they are looking into incidents that may have taken place on and off campus.

UF President Bernie Machen sent an e-mail to all students Tuesday warning them that hazing is prohibited by UF regulations, and is also classified as a crime in Florida.

This recent incident at UF happened just three months after a Florida A&M University drum major died as a result of an alleged hazing ritual.

Hazing was established as a crime in Florida in 2005 after a University of Miami student drowned as a result of fraternity hazing. Under the Chad Meredith Act, Florida’s broad definition of hazing refers to conduct in which students are inducted, affiliated or initiated into an organization which uses careless or premeditated methods that threaten the physical or mental safety of another person. Common hazing rituals can include:

• Whipping

• Branding

• Forced Alcohol Consumption

• Extreme Weather Exposure

• Forced Food or Beverage Consumption

• Forced Isolation

• Extended Periods of Sleep Deprivation

With increased media attention being placed on this type of crime, an increased amount of universities and students are finding themselves in the hot seat for hazing. The penalties for hazing in Florida can range from expulsion from school all the way up to felony charges. It is important to understand that a person accused of hazing can be with additional offenses that comprised the hazing offense. Felony charges of aggravated battery can be charged when suspected hazing results in great bodily harm. Likewise, if a person dies from alleged hazing events, murder may be charged.

It is best to not waste any time before contacting a Florida Criminal Defense Attorney after an accusation has been made regarding hazing. It is extremely important to seek the advice of legal counsel before making any statements to school officials or police. These crimes are not simple cases, and without the proper legal guidance the outcome can be devastating. At Whittel & Melton, our attorneys understand that while the penalties for hazing are severe, a criminal record can be even more detrimental to your future. We will thoroughly examine every detail of your case in order to achieve the most positive outcome for your unique situation.

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Search warrants were served at homes in Orlando, Apopka, Sorrento and Kissimmee and a total of nine people were arrested Tuesday as a number of Central Florida police agencies dug further into an investigation into an alleged large-scale Mexican marijuana distribution ring labeled the “Gulf Cartel.”

The FBI, ICE’s Homeland Security Investigations and the Osceola and Seminole County Sheriff’s Offices apparently seized evidence, including cars and motorcycles from one of the properties, and forensic investigators were reportedly seen carrying shovels to apparently dig up money buried in the yard.

Federal prosecutors allege the Gulf Cartel shipped thousands of pounds of marijuana from Mexico through McAllen, Texas and then to Panama City, Florida and finally, to the six homes raided in Orange, Lake and Osceola counties.

Each monthly shipment was allegedly worth as much as $1million.

The nine individuals arrested apparently operated undercover, and investigators are looking into their immigration status.

Investigators accused the nine suspects of burying cash in the yard until it could be moved back to Texas in an 82-page report filed in Federal Court on Monday.

A source apparently told investigators that the Gulf Cartel allegedly had $2 million buried in Florida at some point while waiting for the money to be sent back to Texas.

Nine people were named and charged with possession with intent to distribute more than 1,000 kilograms of marijuana in a criminal complaint filed in Federal Court on Monday. Five of those were named in Federal Court on Tuesday afternoon.

In Florida, possession with intent relates to the criminal charge of possession of an illegal substance, such as marijuana or cannabis, with the intent to sell the drug. Penalties for this crime are severe, and each of the men charged in this particular case face a minimum of 10 years in prison. Most often the penalties for possession with the intent to distribute, sell or deliver include incarceration in state prison for as much as 30 years. Possession with the intent to sell or distribute is a felony offense, and because of this, it is vital to the success of your case to contact a Florida Drug Crimes Defense Attorney to help defend your case from the very beginning. The criminal defense lawyers at Whittel & Melton understand the consequences associated with a criminal drug charge and will implement strategic defense tactics to protect your rights.

When law enforcement believes they have discovered a person who has committed the crime of possession with intent to sell or deliver, they are not required to prove that the drugs in question were actually sold by that person. Rather, they must establish that the person merely intended to sell the drugs in their possession. The following are just some of the factors the State will look at to decide applicable charges:

• The amount of cash in an individual’s custody

• The amount of drugs in a person’s possession

• The location where the offense transpired

• How the drugs are packaged

In addition to the above factors, law enforcement officers may rely on circumstantial evidence to prove that the drugs possessed were intended to be sold or delivered. In fact, even a scarce amount of drugs found on a person may be alleged by police to be intended for future sale or distribution.

The Florida Drug Crimes Defense Attorneys at Whittel & Melton can help you understand the charges you are facing as well as your legal rights. As former prosecutors in Florida, our staff of attorneys has first-hand knowledge of how the prosecution works and how to assemble a case to defend your rights against any drug charge. Regardless of whether this is your first offense or if you have priors, we will fight for the best results possible and will not hesitate to take your case to trial.

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A 46-year-old Tallahassee doctor was sentenced to 25 years in prison Friday for his involvement in a prescription pill trafficking operation.

The man was also ordered to pay a $500,000 fine and investigative and prosecutorial costs.

According to the Florida Office of the Attorney General, the illegal operation was to blame for disbursing large quantities of prescription drugs throughout western Florida.

The physician apparently pled guilty to conspiring to traffic in 28 grams or more of oxycodone in October 2011. He was prosecuted by the Attorney General’s Office of Statewide Prosecution.

The Osceola County Investigative Bureau, the Sarasota County Sheriff’s Office, the Sarasota Police Department and the Florida Department of Law Enforcement claim they began investigating the doctor in 2010. Their alleged investigation revealed the doctor was selling prescriptions for large amounts of oxycodone to a group of associates who would fill the prescriptions and then disburse the pills on the streets of Sarasota.

One of the doctor’s co-defendants was sentenced to 25 years in state prison for his role in the operation and another co-defendant is awaiting sentencing.

Drug trafficking in the State of Florida describes the sale, delivery, possession or manufacturing of illegal drugs and controlled substances over a certain weight or amount. The consequences associated with a drug trafficking charge can vary from a minimum of three years to a maximum of a life sentence in prison, depending on the type of drug and the quantity. Sentences are established by the weight value of the total pills in question. At minimum, a trafficking charge of oxycodone is a three year mandatory prison sentence with a fine of $50,000 and a maximum of 25 years in prison plus a fine of $500,000.

In many drug trafficking cases in Florida, the State will seek conspiracy charges to be filed in addition to trafficking charges in order to obtain convictions not only for trafficking pills, but an agreement to traffic drugs. The conspiracy to traffic drugs can be difficult to understand because most drug charges require for the prosecution to prove that the accused was in possession of the drugs in question at some point. However, a conspiracy to traffic drugs charge can be proven solely by establishing that an agreement existed to carry out a drug-related criminal act. In fact, the act does not have to even be completed to be convicted of conspiracy.

The Florida Prescription Drug Trafficking Attorneys at Whittel & Melton can thoroughly review the facts of your case and explore all possible defenses to combat the charges against you. We will review any evidence and police reports to consider the following:

• Did law enforcement play a role in initiating your participation in the conspiracy?

• Did the conspiracy solely entail verbal agreements, or were there acts in furtherance of the conspiracy?

• Was the agreement terminated or dismissed before an arrest was made?

• Were wiretaps involved, and if so were they legal?

• Was the warrant obtained legal?

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A Seminole County contracting firm owner is accused of racketeering and insurance fraud after State Farm Insurance claims the company billed for work that was never done and charged for products that were never used in order to fix homes damaged by sinkholes from Orlando to Tampa Bay.

Although the source of the suspicions are dubious, it is suspected that the overcharges in sinkhole claims can be linked to the reason insurance losses from sinkhole claims have skyrocketed. This increase has allegedly increased premiums for all Florida policyholders and not just those throughout Florida’s “sinkhole alley.” Most likely this is the sort of talking point that an Insurance company lobbyist would feed a reporter to avoid the most obvious source of any rate hikes…the Insurance company themselves.

Citizens, a state-run company that insures more than one million property owners allegedly lost more than $200 million dollars in 2010, which they claim is seven times more than the premiums collected for sinkhole coverage.

It can be difficult to detect fraud when dealing with sinkhole repairs. The two primary methods of work involve operations predominantly performed underground and there are numerous people involved including engineers to oversee the work, companies that sell cement, companies that pour cement and companies that make the repairs that often play the role of a general contractor.

A criminal investigation involving the Office of Statewide Prosecution against a Brooksville, Florida sinkhole repair company allegedly was started by a homeowner complaint in Hernando County.

In 2007, a Spring Hill homeowner supposedly hired the company to stabilize a sinkhole at his home. The company allegedly sent an invoice to State Farm in the amount of $94,410.
The company supposedly proposed the work would take 24 days to complete, but the homeowner told State Farm representatives the work took about 14 days. The crew supposedly arrived from Orlando around 10 a.m. every day and left by 3 p.m.

The invoice also claimed that a Casselberry engineering firm spent 20 hours inspecting the site, but the homeowner claims he never saw anyone from that firm at his home.

State Farm supposedly started reviewing other claims from the Brooksville sinkhole repair company, focusing on invoices submitted by the Seminole County contracting firm.

A detective with Florida's Department of Financial Services allegedly went to serve a subpoena to the contracting company’s corporate headquarters and found a rural residential lot with a locked gate and guard dogs, but none of the equipment used in sinkhole repairs.
In August, the owner of the Seminole County contracting firm was arrested on charges his company overbilled State farm $202,800 for grout at 11 homes in the Orlando area. Court records indicate that State Farm listed another 17 houses, some in the Tampa area, where grout was allegedly overcharged by as much as $33,825 for a single house.

State Farm believes that the Seminole County contracting firm and the Brooksville sinkhole repair company worked together to submit inflated bills.

The owner of the Seminole County contracting firm has plead not guilty to the charges and the Brooksville sinkhole repair company claims the allegations against them are false.

In 2009, State Farm filed a lawsuit against an independent sales rep for the Brooksville sinkhole repair company claiming the man contacted homeowners and offered kickbacks to persuade them to hire the company. The case was closed due to insufficient evidence.

Florida lawmakers made offering rebate sinkhole repairs a felony in May. Any known homeowner who accepts a rebate could have their sinkhole coverage voided and run the risk of possibly having to refund the rebate amount to the insurer.

State Farm has since dropped its case against the rep with the Brooksville sinkhole repair company, however State Farm still feels skepticism persists with the company due to missing permits for sinkhole work at various homes purchased in the Hernando area.

The Hernando County Development Department has supposedly opened an inquiry. Failure to obtain a permit can result in fines and the loss of permitting privileges in Hernando County.
Permits allow county officials to monitor construction work as well as provide a source of income for the county.

Because the company supposedly failed to purchase permits they also supposedly avoided creating a public record of sinkhole activity at any of the homes purchased, which does not provide potential buyers with public knowledge that there was a sinkhole on that property.

In the State of Florida, insurance fraud is classified as a criminal felony offense. When someone files a claim with an insurance company with the intent to defraud, the person may be liable for insurance fraud. While sinkhole fraud is unlawful and punishable by criminal penalties, committing this offense can be grounds for an insurance company to deny a claim as well as cancel an insurance policy.

There are several types of insurance fraud that can arise in sinkhole claims, including the following:

• Intentionally lying about the date sinkhole damage was discovered

• Falsely answering or misstating facts during the application process

• Faking damage to the home or making any known damage worse than it appears

• Not disclosing prior sinkhole activity to future insurance companies

• Not disclosing prior sinkhole damage to potential homebuyers

In many circumstances, alleged fraudulent activity turns out to be a legitimate mistake. Regardless, many insurance companies will attempt to cancel, rescind or deny your claim based on any suggestion of fraudulent activity. The Florida Sinkhole Fraud Defense Attorneys at Whittel & Melton can help answer any questions you may have concerning insurance claims and potential fraud charges.