Florida Criminal Attorney Blog

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.

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.

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

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.

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

Nearly 40 more people were arrested this month from three Florida counties in the second round of arrests from an October drug sting at a Spring Hill pain clinic called Operation Glory Daze.

The public information officer for the Hernando County Sheriff’s Office confirmed the total number of arrests for the sting operation is now up to 100.

Three of the suspect’s arrested are accused of signing for pain pill prescriptions using fake doctor’s notes. Their bail amounts totaled almost $2 million.

A 40-year-old Spring Hill man was charged with fraud and trafficking with bail set at $1.21 million. Two men from Weeki Wachee, ages 36 and 50, were arrested for similar charges; their bond is set at $505,000 and $105,000.

One Weeki Wachee man was allegedly caught with 240 pills on his person, but had supposedly signed for 900 since February 2010. The other, allegedly signed for 540 pills and was reportedly caught with 270 pills.

Reports indicate that both Weeki Wachee men have been arrested on trafficking charges in the past.

Being charged with drug trafficking in the state of Florida is a serious matter. Not only is this crime a felony drug charge, but if you are convicted you are facing substantial prison time due to Florida’s minimum mandatory sentencing guidelines. Minimum mandatory sentencing cannot even be changed by a judge who deems the prison term inappropriate for the crime, so it is imperative that you contact a skilled Drug Crimes Defense Attorney at the slightest suspicion you are being investigated.

Most defenses to drug crimes are centered on how contact was first made between you and the police and the terms of drug evidence seizure. Police procedure in drug crimes must be followed precisely; otherwise the charges can be dropped. The drug charges you face could be dismissed if police used an illegal wiretap, lacked sufficient evidence to link you to the drugs in question or if a proper warrant was not obtained.

In some cases, police make drug trafficking arrests from undercover sting operations. At Whittel & Melton, our team of lawyers is comprised of former State Prosecutors and Retired law enforcement that have worked on sting operations previously. We can honestly evaluate the State’s case against you and build your defense according to the prosecution’s strengths and weaknesses.

Continue reading "Spring Hill, FL Drug Crimes Defense Attorneys Whittel & Melton :: Drug Sting at Hernando Pain Management Clinic Totals 100 Arrests" »

The Hernando County Sheriff’s Office arrested a 22-year-old dad Sunday on a charge of child neglect after he allegedly left two small children alone. A neighbor found a 2-year-old child sitting alone in the street and a deputy found a 10-month-old baby asleep alone on a couch inside the man’s home.

The neighbor took the 2-year-old and called the police when the parents could not be located. The child was not wearing shoes and supposedly told police that he sat down because his feet were burning.

According to police reports, the father returned home about 35 minutes after the deputy found the sleeping baby alone. He told the deputy he had been at a neighbor’s for about 10 minutes.

The National Child Abuse and Neglect Data System reported that approximately 1,760 children died of an injury caused by neglect or abuse in 2007. Nearly 600 of those deaths were the result of child neglect alone.

In Florida, child neglect is defined as depriving a child of food, shelter, clothing or medical care, supervision or even the mishandling of child support money. When deprivation or the state of a child's environment causes the child to become emotionally, mentally or physically impaired, Florida also considers this child neglect. The crime of child neglect is considered a felony of the third degree in Florida. If convicted of child neglect, the penalties can include up to five years in prison, up to five years of probation and up to $5,000 in fines.

Continue reading "Brooksville, FL Child Neglect Attorney :: Father of 2-Year-Old Arrested after Neighbor Finds Child Sitting in the Street" »

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" »

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" »

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 Spring Hill, Florida man is facing battery charges after allegedly attacking his girlfriend and another man and his girlfriend after their attempts to mediate the brawl.

According to a Hernando County Sheriff’s Office report, the 30-year-old Spring Hill man is charged with battery and domestic battery following the fight between the man and his girlfriend Saturday night.

The Hernando Today reports that the man supposedly smashed his girlfriends head into the front door of the bar and punched her in the face in the midst of an argument.

Another bar patron and his girlfriend witnessed the fight and stepped outside to stop the Spring Hill man.

According to the report, the Spring Hill man got inside his vehicle and drove toward the other man. He allegedly lunged out of his car, slapped the bar patron’s girlfriend across the face and scratched the man’s forehead.

The bar patron evidently tackled his assailant to the ground in a headlock.

Once deputies arrived at the scene, they noted the Spring Hill man was very intoxicated. He was transported to the Hernando County Jail where he is being held on a no bond status for domestic battery and $1,000 for two separate battery counts.

Florida criminal law has designed a series of crimes under the general category of Domestic Violence. In this case, domestic battery is the unlawful touching of another and the element of the crime under Florida Domestic Violence criminal laws. In many cases, domestic battery results in a felony charge with severe penalties including extended jail time, restitution, fines, anger management courses, parole and probation.

The difference between a misdemeanor battery charge and a felony battery charge is if there was serious bodily harm. A battery is a misdemeanor if there is unlawful touching, but no serious harm. A battery can become a felony if there is serious bodily injury or permanent disfigurement. Florida felony battery has both statutory and case law definitions that describe the nature and extent of injuries suffered by a battery, but they vary with every situation. Ultimately, a jury has the supreme decision on whether a battery conviction is a felony or misdemeanor.

Continue reading "Spring Hill, Florida Criminal Attorney :: Spring Hill Man Attacks Girlfriend and Onlookers at a Local Bar" »

Generally the job of the Public Defender is thankless, and the job of Prosecutor is even more thankless, but very rarely are they actually dangerous. It is being reported by the Tampa Tribune that the Hernando County Sheriff’s Office have charged a defendant, currently in custody, for arranging for the murders of a local Assistant State Attorney and his local Assistant Public Defender. While currently facing serious prison time for two counts of Lewd and Lascivious Molestation of a Victim under twelve (12) years of age and one count of Sexual Battery on a Victim under twelve (12) years of age, the defendant apparently was in a position to discuss this plot.

According to the reports, the defendant told the confidential informant, while in custody, that he was owed $8,000 in back Social Security refunds and would pay $3,000 for each of the murders. The report goes on to say the Sheriff’s Office is in possession of a written IOU by the defendant of the $6,000 payment.

This defendant is now additionally charged with two counts of solicitation to commit murder. It is unclear who the court will appoint to represent him and further what Public Defender’s Office will be responsible to provide the defense attorney. It would appear there is a conflict between him and the Assistant Public Defender he allegedly was going to pay $3,000 to have murdered. This case will certainly deal with the mental health of the defendant and the ability to carry out such an arrangement. The defendant’s location in jail during these alleged negotiations are the most striking part of this case. It may be troublesome for a jury to believe he could carry out this plan from jail.

Continue reading "Alleged Brooksville Sex Offender Charged with Murder for Hire Plot Against Hernando County Prosecutor and Public Defender" »

Last week, there were reports that a Spring Hill man was victim to a car burglary where allegedly, a fight with the perpetrator left him injured after sustaining punches and a bite wound.

As a result of the incident, Michael Leonard is charged with battery, burglary of conveyance and resisting an officer without violence.

The victim told deputies that Leonard punched him in the face and bit him while the two wrestled on the ground. The items allegedly stolen from the victim included a plastic cell phone clip, a plastic knob, iPod, sunglasses and a small amount of coins.
Deputies also learned Leonard was on probation for a misdemeanor DUI which, in addition to the penalties he could be subjected to for the felonies he is charged with, could add another year onto his sentence for a violation of DUI probation.

As a former state prosecutor, I always welcomed felonies that came with an accompanying violation of probation charge. When the basis of a violation of probation is a new charge, state attorneys only have to prove the underlying charge—in Leonard’s case the burglary and battery— to a preponderance of the evidence to succeed on the violation of probation (instead of the higher beyond a reasonable doubt standard in criminal trials), subjecting the defendant to jail or prison time.

Continue reading "Spring Hill man is punched, bitten by suspected car burglar" »

The retiring senior Hernando County Circuit Court Judge sentenced a man this week on 5 counts of possession of Child Pornography to 75 years. He was facing a minimum 40 years according to reports. It is suggested by his criminal trial attorney that he may appeal this sentence.

The 75 years sentence, justified according to the Brooksville judge, was handed down this week after guilty verdicts were rendered back on July 30. It is not uncommon after a serious sex crimes case like this for a judge to handle the several different sentencing issues days or even weeks after trial. The sentence was broken down as 5 fifteen year terms, to be served consecutively.

The Internet pornography was allegedly found on the home computer in their Spring Hill home by the defendant’s girlfriend. Unfortunately, it has been reported that a Hernando County child custody battle ensued and accordingly the pictures found their way into the hands of law enforcement.

This case is certainly yet another example of the seriousness of Florida sex crimes cases, but maybe more important is the lesson is stands for about the collateral consequences a Family law case can create. Often times, when children or a marriage is involved, the parties involved will resort to any and all methods to destroy the other person – well I’d say she accomplished her goal here.

Continue reading "Brooksville, Florida Judge Hand Out 75 years State Prison for 125 Internet Images of Child Pornography" »

TampaBay.com is reporting that last Tuesday’s Weeki Wachee crash that involved a head-on collision between a car and a school bus may result in a DUI charge.

According to the Florida Highway Patrol, Michelle R. Sutton of Spring Hill was allegedly driving a Toyota coupe at a high rate of speed-- weaving in and out of the westbound lane of County Road 550 --- before ultimately colliding head first into the school bus. The bus was carrying about 30 students from Spring Hill’s Westside Elementary at the time of the crash. Sutton was seriously injured in the DUI crash and was taken to Oak Hill Hospital where an ER nurse allegedly found a plastic bag containing about 18 grams of marijuana in Ms. Sutton's shorts pocket.

Because she was being admitted to the hospital, the deputy gave Ms. Sutton a citation and notice to appear in court next month for possession of marijuana instead of arresting her—but the Hernando County State Attorney’s Office has 90 days to file a misdemeanor DUI or 180 days to file a felony DUI with Serious Bodily Injury case, if they choose.

This presents an interesting issue from a constitutional law perspective. Since a nurse—and not law enforcement—found the marijuana on Ms. Sutton, she does not have the same constitutional protections from unlawful searches and seizures as she would if the police had found it at the scene of the accident. Generally under Florida law, the trigger for a constitutional law violation that can result in evidence being suppressed is that some government entity was involved in the seizure. In this case, Ms. Sutton told the nurse she was wearing her boyfriend’s shorts and didn’t know about the drugs in the pocket. Regardless, to sustain a conviction, the burden will still be on the State to prove that Ms. Sutton was under the influence of drugs and/or alcohol to the extent that her normal faculties were impaired.

Continue reading "Driver faces criminal DUI charges in Weeki Wachee bus crash" »

A Hernando County Resident and Tampa Firefighter/ Paramedic was recently arrested for two counts of Indecent and/or Vulgar Exposure of Sexual Organs. Indecent Exposure of Sexual Organs is a First Degree Misdemeanor under Florida law and punishable up to one year in the county jail.

What made the facts of this arrest so unique was that not only was the defendant a Hillsborough County Paramedic and Firefighter, but also the allegation is that these crimes occurred at nearby public schools. The lawyers at the Brooksville, FL State Attorney’s Office are currently pursuing these cases as misdemeanors. It is unclear at this time if they will ask the court to consider an enhanced charge (Third Degree Felony) due to the proximity of the alleged conduct to schools. This would be a novel approach to this sex crimes charge. Although, this type of enhancement is commonly enforced in drug sale and drug purchase cases.

In Florida, in order to prove the crime of Exposure of Sexual Organs (In a Vulgar or Indecent Manner), pursuant to Florida Statute 800.03, the State of Florida must prove:
1) The defendant exposed him/herself and/or was naked; 2) It was done in either a public place, on the another’s private property or so close to another’s private property that he or she could be seen from that property; 3) It was done in a way the it was intended to be indecent, vulgar, lewd or lascivious; and 4) It was actually indecent, vulgar, lewd or lascivious. The words “indecent, vulgar, lewd or lascivious” are usually defined as a unlawful and lustful or with a sexual intent. It is certainly not a black and white definition and is commonly the subject of a question for the jury in a criminal trial to determine.

The intent of the defendant will come under much discussion in this case as it is alleged that the defendant made the statement that "he gets a 'rush' while exposing himself." The Judge will need to determine the admissibility of that statement, truthful or not, and the tactics used by law enforcement to acquire such a comment will hopefully come under question.

There have been some interesting cases in Florida criminal courts over the years on this statute as the definition of indecent or lewd has been tough to determine. While it was determined by both the Federal Court and the Florida Supreme Court that mere public nudity would not violate this statute (See U.S. v. A Naked Person Issued Notice of Violation, 841 F.Supp. 1153 (M.D.Fla. 1993) & Hoffman v. Carson, 20 So.2d 891 (Fla. 1971)), the location of the act has come under scrutiny. The 5th DCA, which is the appellate court for the counties in the 5th Judicial Circuit (i.e. Hernando, Citrus, Sumter, Lake and Marion Counties), found that conduct in a restroom stall with the door closed should be viewed differently than conduct in the open area of a public restroom. Similarly, the 4th DCA found that the actions of a “Peeping Tom” would certainly fall within the intent and letter of this Florida Criminal Statute. Additionally, and of some note, the Florida Legislature carved out an exception for public breast feeding.

Continue reading "Hernando County, Florida Sex Crimes Defense Attorney Update :: Tampa, FL Firefighter and Spring Hill Resident Arrested for Sexual Offense" »

According to tampabay.com, 42-year-old Ridge Manor man has been arrested for allegedly growing about 50 marijuana plants inside the mobile home parked behind his residence. Last week, Hernando County law enforcement received a tip from a confidential informant who told them about the mobile home operation and when police arrived at the home, they found the marijuana plants, light fixtures, several ballasts and a carbon filter—all which are instruments commonly used to grow marijuana.

The man was charged with cultivating marijuana and public nuisance and bail has been set at $15,000.

Last year, Governor Christ signed into law the “Marijuana Grow House Eradication Act” which gives law enforcement and prosecutors more power to combat those who grow marijuana. The law now makes it a second-degree felony to grow 25 or more plants. In the past, a person had to have more than 300 plants to reach the level of a second degree felony. A second degree felony can be punished by up to fifteen (15) years in prison—this is why it is very important to have an experienced criminal defense attorney on your side to fight for your rights and hold law enforcement to their burden of proof.

Continue reading "Confidential source outs man for operating a Hernando County marijuana grow house" »

Hernando Today reports that a Hernando County man died early Saturday in a head-on collision on U.S. 19 at Grizzly Bear Lane.

Florida Highway Patrol spokesman said that two cars where were traveling in opposite directions along U.S. 19 where there is a 30-foot grass median separating the north and southbound lanes. FHP said that as the vehicles approached the median at the intersection of Grizzly Bear Lane, one of the vehicles crossed over and traveled into the path of the other vehicle, causing a head-on collision. The crash left both vehicles obstructing the southbound lands of U.S. 19 for four hours.

Unfortunately, one of the drivers died at the scene while the other driver fled the accident site on foot despite receiving serious injuries- but was eventually found and transferred to Oak Hill Regional Hospital for medical treatment.

Depending on the facts, Leaving the Scene of an Accident can be charged as a misdemeanor or a felony. For example, if a driver flees the scene of a car crash and it is clear that there are injuries, The State Attorney's Office could charge the person who left with a felony, subjecting the defendant to prison time.

Continue reading "Man Dies In Head-on collision; Second Driver Flees Scene" »

Hernando Today reports that three Brooksville residents have been charged with felony theft relating to a Walmart shoplifting incident.

Allegedly, the suspects reportedly walked out of the Wal-Mart on Cortez Boulevard with a television, then sold it to a person in the parking lot of a nearby liquor store. Deputies were called to intervene after an argument broke out between the seller and buyer. A deputy had a hunch that the TV was stolen property, but without a recent theft report from Wal-Mart, he could not prove it.

The next day, the same trio tried to walk out of the same Wal-Mart with a TV but was stopped at the door, a report states. The deputy returned to the Wal-Mart and reviewed the surveillance tape that showed the same perpetrators of the original theft.

Continue reading "Three Brooksville residents suspected in Walmart theft" »

The dump truck driver who smashed his rig into an overpass at Interstate 75 and State Road 50 last week will likely not be charged in the incident, the Florida Highway Patrol said Wednesday.

Tampabay.com is reporting that FHP has nearly wrapped up its investigation of the crash involving a Brooksville man who said that the bed of his truck inexplicably started to rise as he passed under the overpass causing him to hit the first and second outside concrete beams that support the I-75 overpass. FHP is still waiting for a report from the state Motor Carrier Compliance Office on the truck's most recent inspection but they have already determined that the driver was not under the influence of alcohol or drugs when he was driving the truck. No one was injured in the the accident.

The Florida Department of Transportation worked quickly to repair the damage to the bridge as more than 40,000 drivers use I-75 at that site each day, while another 19,000 travel along SR 50.

Continue reading "No DUI charges expected in Hernando overpass truck crash" »

Hernando Today is reporting that a Brooksville woman faces felony drug charges in relation to a traffic stop Sunday evening.

Police reports allege that deputies pulled over a red Saturn after receiving a report from detectives that there could be drugs in the car. After the stop, police found 3.5 grams of methamphetamine in several small plastic baggies, as well as marijuana.

As a result the driver, Vikki Sue Coleman, was charged with felony possession of methamphetamine as well with possession of marijuana and possession of paraphernalia. Coleman allegedly told a deputy she had been selling the drug for the last three weeks because she needed the money.

Continue reading "Brooksville woman charged with drug possession" »

ABC Action News is reporting that prosecutors will not pursue the death penalty in Casey Anthony’s case- the central Florida woman charged with killing her 3-year-old daughter. The Orange County State Attorney's Office announced in a news release Friday that it is not in the best interest of the people of the State of Florida to pursue the death penalty for Anthony.

The victim was last seen in June but her mother did not report her missing until July. The toddler's body has not been recovered. The 22-year-old defendant has pleaded not guilty to charges of first-degree murder, child abuse, aggravated manslaughter and four counts of lying to investigators about the disappearance of her daughter. She faces life in prison if convicted.

Continue reading "Prosecutors will not seek death penalty in Casey Anthony murder case" »

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 Whittel & Melton, LLC now at 1-866-608-5LAW(5529) or go to www.flcounsel.com.

According to both Joel Anderson of the St. Pete Times ("Why not DUI? No driver ID’d") and Kyle Martin of the Tampa Tribune ("Sheriff's Office Director Target Of Probe"), the Finance Director of the Hernando County Sherriff’s Office was involved in a single-car accident in Brooksville, Florida after allegedly running several cars off the road while being under the influence of both wine and sleeping pills. However, it should be noted that no sobriety tests were performed.

While the driver potentially faced charges for DUI, DUI property damage, Reckless Driving and Leaving the Scene of an Accident, the Deputy involved in the investigation elected not to go forward due to the unavailability of a “wheel witness”. What does this mean?

In this case, in order to prove DUI, Reckless Driving or even LSA – the State of Florida, represented by the Hernando County State Attorney’s Office, has to prove beyond a reasonable doubt that the defendant was driving at the time of impairment or the alleged criminal act (like for example, driving recklessly or leaving the scene of an accident). The State usually accomplishes this by simply having a witness (“wheel witness”) testify that the defendant was driving or behind the wheel. It can also be proven by what is called “Actual Physical Control.” These situations, commonly referred to as APC cases, usually come in two forms: 1) a defendant is slumped over the wheel in the middle of traffic, the side of the road or in a parking lot, or 2) after an accident.

A DUI conviction can lead to jail, probation and a host of other penalties. Our Brooksville, FL DUI Law Firm can represent you during your case from start to finish and help you obtain the best Hernando County Result possible for your case.