Florida Criminal Attorney Blog

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 Jason M. Melton 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.