November 24, 2008

Port Richey Doctor sentenced to 33 Years In Prison For Child Porn

The Tampa Tribune is reporting that the Port Richey doctor convicted of possessing and receiving child pornography was sentenced this afternoon to 33 years and 9 months in federal prison.

The Doctor’s wife at the time was the person who alerted law enforcement to his criminal activity. She later testified against him at trial. Investigators say they found images of children as young as six on the Doctor’s office and home computers. At sentencing, family members of the Doctor testified to the Judge that they had been molested by the Doctor when they were children and that they have never been able to move on from the trauma that caused in their life.

The doctor’s medical license has been suspended indefinitely by the Florida Department of Health.

Continue reading "Port Richey Doctor sentenced to 33 Years In Prison For Child Porn" »

November 18, 2008

New Port Richey paramedic arrested for battery

According to a Sheriff's Office report, New Port Richey Paramedic James McCormick was arrested for battery in relation to an altercation with his girlfriend. Allegedly, he and his girlfriend were arguing when McCormick grabbed her by the throat and started to choke her.

ABC Acton News reports that McCormick's girlfriend scratched him with her fingernails trying to fight back, and thought she was going to die. McCormick told deputies a different side of the story, saying his girlfriend attacked him and he was just defending himself. The Sheriff's Office is now trying to determine if alcohol played a role inthis incident.

McCormick has been arrested and is in jail on the battery charge. Depending on the severity of the woman’s injuries, under Floirda law, McCormick may be charged with a misdemeanor or felony battery--which could potentially hold a penalty of anything from probation to ten years in prison.

Continue reading "New Port Richey paramedic arrested for battery" »

November 17, 2008

Orlando report shows teachers accused of sex crimes in on the rise

The Orlando Sun Sentinel is reporting that at least 150 Florida teachers have been disciplined in the past three years for accusations arising from sexual misconduct with students. One concerning trend the report showed is sexual misdeeds is rising in Florida – especially among female educators.

Some of the most severe cases resulted in arrests and criminal convictions for sex offenses but the Sentinel's review of teacher-discipline records from the Florida Department of Education found that many of the alleged misconducts did not rise to a criminal level.

Regardless of whether the teachers were criminally charged, the facts of some of these incidents are alarming. Among the “not charged” cases are allegations that a Port Orange teacher sent text messages to a boy, calling him "cutie" and "sexie"; a ninth-grade teacher in Tampa who asked a student about the color of her nipples; and an Orlando coach who used e-mail and instant messages to tell a 13-year-old girl he loved her and wanted their relationship to grow beyond friendship.

Those 150 disciplinary cases don't include the dozens of educators who have been suspended or lost their teaching certificates since 2006 for molesting nonstudents, downloading porn at school, having sex in public and trying to pick up prostitutes. Many of the cases occurred in the South Florida and Tampa Bay areas. In Central Florida, 34 teachers were disciplined in the three-year period, including 12 from Orange County, 11 from Volusia, four from Polk, three from Seminole, three from Brevard and one in Lake.

Continue reading "Orlando report shows teachers accused of sex crimes in on the rise" »

September 16, 2008

Brooksville, FL Undercover Prostitution Sting Leads to Arrest of 32 Alleged Johns

The Hernando County seat Brooksville, FL was the site for the Brooksville Police Department's most recent undercover prostitution sting. This operation, according to Kyle Martin from the Hernando Today, took in 32 arrests this week.

Arrests for Prostitution, are often the target of Motions to Dismiss or Motions to Suppress Evidence due to the Entrapment issues that arise in these scenarios. Although Entrapment defenses arise in other cases--most notably drug crimes, sex crimes and theft cases--countless prostitution cases have also been dismissed where courts have found that a particular defendant was not predisposed to commit the crime, but for the persuading and manipulation of the undercover officer.

Like DUI, Prostitution has a tiered sentencing structure for multiple convictions. For the first violation, the State Attorney can charge a misdemeanor of the second degree. For the second violation, the State Attorney can charge a misdemeanor of the first degree, and for a third or subsequent violation, the State Attorney can charge a third degree felony.

Continue reading "Brooksville, FL Undercover Prostitution Sting Leads to Arrest of 32 Alleged Johns" »

September 15, 2008

Ocala Man Sentenced to Life in Florida Prison for Rape

Despite the Marion County State Attorney’s Office offering forty years Florida State Prison and the defendant’s Florida Felony Score Sheet permitting a lower sentence of eleven years, a Circuit Judge in Ocala sentenced a man to life imprisonment this past week.

Under the advice of the assigned Public Defender to his case, the defendant who was charged with burglary, sexual battery and theft chose to “plea open” to the court with no specific resolution agreed to— apparently hoping for a lenient sentence from the court. Often times the court will look to the Florida Felony Score Sheet for guidance in this type of situation. Prosecutors use the formula in score sheets to determine whether a person’s charge and criminal history requires the court to impose prison time, the amount of prison time or to determine if jail or probation is allowed by law. But as this man and his Public Defender found, the score sheet was merely the start of the process. Although the score sheet in this case permitted a prison sentence of eleven years, it also permitted life. The judge chose to sentence life in prison.

Continue reading "Ocala Man Sentenced to Life in Florida Prison for Rape" »

August 27, 2008

Chief Middle District of Florida U.S. District Court Federal Judge Releases Inmate for Help in Sumter County Prison Drug Conspiracy

Sumter County’s only Federal Prison, Coleman Federal Correctional Complex, and only one of two Correctional Complexes in the South East United States, was also home to a conspiracy of five corrupt guards and other civilian workers who, according to reports, were paid to facilitate and bring in contraband into the facility. This prison scheme was unearthed in large part by the work of an inmate.

The inmate, and former cocaine dealer, additionally helped dismantle a sixteen person marijuana syndicate and draw attention to an eleven member prison-gang who distributed heroin. At the time of the hearing, the convicted drug trafficker, had served nineteen (19) years in Federal Prison.

For the work of this inmate, Chief U.S. District Judge Elizabeth A. Kovachevich, converted two consecutive life sentences to “Time Served”. A Motion to Modify or Correct Sentence can be brought on behalf of defendants in rare situations. But in cases like this one, if properly argued and for a great reason, a judge is always able to modify the terms and conditions of their sentence.

For more information Contact Sumter County Criminal Attorney Jason M. Melton or Bushnell, Florida Criminal Lawyer Jason Melton at 1-866-608-5529.

August 22, 2008

Tampa Judge Sentences Con Artist to 30 Years Florida State Prison for Violation of Probation

Tampa, Florida Circuit Court Judge Daniel Perry sentenced a man to the maximum 30 years of Florida State Prison and included as a term of his probation, restitution in the amount of approximately $60,000, according to Tampa Tribune’s Kevin Graham.

Florida has long been considered one of the most punitive states in the union for several reasons. The foremost being the way in which it deals with Violations of Probation. Not only are the violation of probation hearings void of any 5th amendment rights to silence and often very quick, but the Florida Rules of Criminal Procedure require far less proof than the usual burden of beyond a reasonable doubt.

In this case, the defendant clearly offended the court by the nature in which he violated probation. The original criminal fraud case alleged that he defrauded over $400,000 from area residents. The violation of probation allegation was that during his probation he was witnessed claiming to be the grandson of Frank Sinatra and in need of small loans due to a banking error. These scams were alleged to have taken place in cities like Austin, Texas and Las Vegas, Nevada.

If you or a loved one is in need of Violation of Probation Criminal Attorney please contact Tampa Criminal Lawyer Jason Melton at the Law Offices of Jason M. Melton. 1-866-608-5529.

August 20, 2008

Social Networking Sites Can Help and Hurt Criminal Defendants

Florida prosecutors and defense attorneys now have an unlikely resource to score impeachment material for their trials. Social networking websites like MySpace and Facebook have provided both sides of the courtroom with evidence that is used to cast a negative light on a witnesses’ character.

For example, defense attorneys representing clients charged with battery have used a MySpace page containing a video of the so-called victim beating someone up to show that someone other than their client was the aggressor of the fight. On the flip side, prosecutors offered a MySpace picture of a smiling 22-year-old defendant, holding a glass of wine with comments about getting drunk against her in the sentencing phase of her vehicular manslaughter case. The photo was posted after the DUI accident, and prosecutors argued that the post was evidence of lack of remorse for the crime. As a result, instead of getting sentenced to probation, the young woman was sentenced to prison time.

My grandmother used to tell me to never to do anything that I wouldn’t be proud to have on the front page of the local newspaper and this lesson holds true for websites like Facebook and MySpace. The moral learned from these two examples is never to post anything on the internet that you wouldn’t be proud to have a judge or anyone in the community to see—you never know how it could be used against you. Questions or comments about this post can be directed to Pinellas County criminal attorney Jason M. Melton at 866-608-5LAW.

August 15, 2008

Karaoke Causes Jealous Ocala Woman to Commit Attempted Murder

After being found guilty of attempted second-degree murder, aggravated battery and criminal mischief, an Ocala woman faces upwards of 35 years--with a minimum mandatory sentence of seven years-- in state prison. This will be a tough pill for the Ocala defendant to swallow as, according to Suevon Lee from the Ocala Star-Banner, prior to trial the Marion County State Attorney’s Office extended a plea offer of five years state prison.

Oddly enough, the charges related to the attempted murder of the Ocala woman’s ex-husband who had been spotted signing Karaoke in the park with another woman. Later that day, the defendant ran her ex-husband over with a car while he was sitting on a friend’s front porch enjoying a cold beer. Apparently, although the couple had been divorced, prior to the incident they had been staying with each other.

It is unclear whether the victim’s music selection or his choice of female companionship motivated the defendant to take the action she did. Regardless, I have always warned friends and colleagues that nothing good can come of karaoke as “good” and karaoke cannot possibly co-exist. Ocala criminal lawyer Jason M. Melton urges all Karaoke singers and audiences to practice safe Karaoke- namely to perform with one eye on the lyrics and the other on oncoming traffic.

August 14, 2008

Pasco County State Attorney to charge Juveniles as Adults in Attempted Murder of Pasco County Sheriff’s Deputy

According to Nomaan Merchant of the St. Pete Times, attorneys from the Pasco County State Attorney’s Office confirmed their intent to charge two juveniles, ages 15 and 16, as adults for the attempted first-degree murder of a Pasco County Sheriff’s Deputy during an armed burglary.

It is alleged that the two teenagers shot at the Deputy during the burglary of a convenience store in Lacoochee when he blocked their escape route. Both teens could potentially face life in Florida state prison if convicted.

It is likely that the defense will move the court for a change in venue in light of the fact that victim in this case was a Pasco County Deputy as it would be unlikely to find an impartial jury to render a verdict in this matter. This case is an example of the State’s use of the felony-murder rule-- which gives the State Attorney’s Office the ability to bring a more serious criminal charge if they allege that someone other than the defendant was killed, or attempted to be killed during the course of a dangerous felony, such as armed burglary.

If you or a loved one has been charged with or is being investigated for a serious crime, please contact Pasco County Criminal Lawyer Jason M. Melton. You have rights and deserve a fair day in court. Contact our office immediately.

August 6, 2008

Hernando County Grand Jury Indicts Brooksville, FL Man for Murder

The Hernando County State Attorney’s Office has filed a criminal indictment against a Brooksville, FL man charged with the 2006 murder of Patrick and Evelyn DePalma, an elderly couple living in Masaryktown, Florida. John Frank of the St. Petersburg Times reports there may still be other indictments coming down relating to the DePalma murders.

The State Attorney’s Office has yet to make a decision as to its sentencing goals in this matter, but the defendant could face the death penalty if convicted in these cases.

The DePalmas’ murder shocked the Hernando County community where they lived as they were much like any other elderly, retired couple living in the area. As a result, there has been a substantial amount of media attention surrounding the two-year investigation into the murders, which could make it difficult for the defendant to get a fair trial in Central Florida.

In most murder cases, the defendant’s intent to kill comes into question. Defense attorneys often argue that the accused never intended to kill the victim or that the killing was a result of some other motive-- like to scare someone, or just injure them, not necessarily kill them. In addition, because these murders occurred during the course of other felonies, namely armed robbery and armed burglary, the defense will likely focus on challenging the State’s evidence with respect to the elements of those crimes. This is because under the felony murder rule, Prosecutors can hold any participant in a dangerous felony criminally responsible for any deaths that occured during or in furtherance of that felony. Essentially the rule gives Prosecutors an easier way to secure a murder conviction.

If you or a loved one has been accused of a serious crime like Murder, Robbery, Burglary, any Firearms Charge or Grand Theft, contact Brooksville, FL Criminal Lawyer Jason M. Melton now at 1-866-608-5LAW(5529) or go to www.flcounsel.com.

August 5, 2008

Tampa Feds Charge Gotti with Drug Trafficking and Murder

Today, former Gambino crime family head John Gotti, Jr.--aka “Junior Gotti” and son of John Gotti - was arrested for racketeering, cocaine trafficking and murder in relation to a Tampa, Florida FBI probe. Kevin Graham and Rebecca Catalanello of the St. Petersburg Times report that the federal indictment, filed in the Middle District of Florida, is a result of facts uncovered by authorities during a 2006 Tampa racketeering trial.

At a press conference, federal officials said that the trial will be held in Tampa and that the charges against Gotti and five others are evidence of the Gambino family’s attempt to get a “foothold” in the Tampa area. Gotti appeared this afternoon in front of a judge who denied bail. If convicted, Gotti could be sentenced to life in prison.

The attorneys at the Law Offices of Jason M. Melton have experience in fighting state and federal drug trafficking cases. If you have been charged with a drug offense, please contact us for a consultation.


July 31, 2008

Florida’s 5th DCA does not disrupt Central Florida Criminal Bond of $500,000

Florida’s 5th DCA-- the appellate body that reviews criminal cases in counties like Hernando County or Brooksville, FL, Sumter County or Bushnell, FL, Citrus County or Inverness, FL and Marion County or Ocala, FL, to name a few--declined to change a $500,000 bond ordered in a potential homicide case in Orange County.

Sheriff's Office detectives originally arrested the defendant for child neglect, obstruction of a criminal investigation and false statements. The defendant is rumored to be linked to a potential homicide. At the first appeareance, the Prosecutors presented evidence of thier murder investigation and suspicions of defendant's involvement. Although the defendant was only charged with the above, the Judge took the murder investigation into consideration when setting a bond.

Murder, which is defined in Florida Statute § 782.04, and Manslaughter, which is defined at Florida Statute § 782.07, are crimes that First Appearance Criminal Judges take a very serious look at when considering a request for Pre-Trial Release. Certainly, ties to the community and criminal background also play a role in a judge's determintaion of bond. However, the danger to the community, potential flight risk and nature of the offense, along with any aggravating factors, are often the overriding when denying the petition to overturn the $500,000 bond. I am sure the judge took the murder investigation into consiteration when setting the high bond.

It appears from Amy L. Edwards' report that the defendant is going to appeal this decision to the Florida Supreme Court. I am interested to see if they will hear this case and if so, how they will rule. The Bond issue was one of of controversy in Hernando County DUI arrests many years ago as a local County Judge was accused of setting bonds too low. The first appearance is a difficult arena for any defendant and his loved ones and hiring an experienced Florida Criminal Defense Law Firm is strongly advised to advocate for your rights. The Law Offices of Jason M. Melton is ready to assist you in a Bond Reduction Motion or First Appearances following arrest in many Central Florida courtrooms.

July 29, 2008

Pasco County Clerk’s Campaign Signs in New Port Richey, FL Are Vandalized

According to Nomaan Merchant of the St. Pete Times, Pasco County Clerk of Courts Candidate and current Deputy Pasco Clerk Paula O’Neil has had upwards of 10 signs stolen or destroyed. Most were in the New Port Richey area, however others signs in Land O'Lakes, Hudson and Dade City were stolen.

The job of the Pasco County Clerk is an important role as that office is responsible for overseeing primarily all of the filings in State Criminal cases in Pasco County, both Felony and Misdemeanor.

Complaints were filed with the Pasco County Sherriff’s Office about the vandalism. In past years, State Attorney’s Offices have brought charges of Petit Theft or Grand Theft, depending on the amount of campaign signs destroyed. This event could also be charged as Criminal Mischief for those signs that were cut, ruined or damaged, but not taken.

Pasco County, Florida Criminal Lawyer Jason M. Melton is dedicated to protecting the rights of those accused of Pasco County Criminal Charges. For more information about Jason M. Melton or the Law Offices of Jason M. Melton please call 1-800-608-5LAW(5529) or double click one of our links.

July 23, 2008

Make a Wish: Bonita Man Charged with Theft for allegedly Stealing 42 cents from Mall Fountain

Times are tough for a Bonita Springs man charged with the theft of 42 cents from a mall fountain on Monday. Tampabays10.com reports that Laslo Mujzer was approached by mall security at Coastland Center after a mall patron allegedly saw him stealing money from a fountain outside the mall. A sign posted near the fountain indicated that all coins thrown in the fountain are donated to Habitat for Humanity of Collier County.

After detaining Mujzer and finding change on him, Naples police arrested him for misdemeanor theft-- sometimes called petit theft-- which subjects Mujzer to up to 60 days in jail and a possible driver’s license suspension. If given the chance, Mujzer would probably like to make a wish on those coins he allegedly took from that fountain to make his legal troubles disappear. Unfortunately it is not that easy--he is currently being detained by authorities for an immigration hold.

If you or someone you know has been charged with a theft offense, contact Criminal Lawyer Jason M. Melton at 1-866-608-5LAW for information or a consultation.

July 21, 2008

Ocala, FL Criminal Court Judge Sentences Juror to Three Days Marion County, Florida Jail for Contempt

Marion County Judge Jim McCune ordered a prospective juror to serve three days in Marion County Jail and pay an estimated $200 in court costs and fines according to Suevon Lee from the Ocala Star-Banner. Marion County Judge McCune made this ruling after the juror was found to have used foul language in response to not being dismissed from the jury panel.

Marion County Court Judges like Judge McCune hear Misdemeanor cases involving charges like DUI, LSA, Reckless Driving, Driving on a Suspended License, Assault, Battery, Petit Theft, Worthless Check, Possession of Marijuana, Trespass and Carrying a Concealed Weapon to name a few. On the civil side, the Marion County Court Judges hear cases involving anywhere between $5,000 and $15,000 in dispute and can even sometimes involve personal injury.

It is not uncommon for Judges to take courtroom decorum seriously, and even threaten jail time when jurors make a mockery of the process. However, actually sentencing an individual is very rare--the more common practice is for Judges to make their point by taking unruly jurors into custody for the day. Unfortunately, one of the most tragic erosions of this country's democracy is the irreverence many jurors show when they are called for service. The fact is, the stronger our jury system is, the stronger our democracy. Ocala, FL Lawyer Jason M. Melton strongly urges citizens to take jury duty more seriously.

Bookmark: Bookmark Ocala%2C%20FL%20Criminal%20Court%20Judge%20Sentences%20Juror%20to%20Three%20Days%20Marion%20County%2C%20Florida%20Jail%20for%20Contempt at Google.com Bookmark Ocala%2C%20FL%20Criminal%20Court%20Judge%20Sentences%20Juror%20to%20Three%20Days%20Marion%20County%2C%20Florida%20Jail%20for%20Contempt at del.icio.us Digg Ocala%2C%20FL%20Criminal%20Court%20Judge%20Sentences%20Juror%20to%20Three%20Days%20Marion%20County%2C%20Florida%20Jail%20for%20Contempt at Digg.com