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.

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

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

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

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

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

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

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

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

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

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Officials with the Hillsborough County Sheriff’s Office have arrested a Citrus Park, Florida amateur comedian for allegedly robbing a SunTrust Bank, twice.

According to police, the man allegedly entered the SunTrust Bank on Tuesday, claimed he had an explosive device, demanded money and fled the scene. On Thursday, detectives said the same man targeted the bank again, requesting money from the same teller.

Witnesses supposedly saw the man exit the bank and gave a description of his physical being and car to authorities.

The man was supposedly known to investigators for past events, and was picked up, positively identified and later arrested.

The man has supposedly performed at open mic nights for comedy clubs throughout Tampa. He has performed at a comedy club in Carrollwood, FL several times this year.

The man faces numerous charges, including robbery and possession of cocaine. He has supposedly been arrested before for similar charges.

Robbery in the state of Florida is considered the intentional and unlawful taking of money or property from another person while endorsing threats, violence, force or assault. The crime of robbery is a second degree felony punishable by up to 15 years in prison, up to 15 years of probation and a maximum of $10,000 in fines. However, since most banks are federally insured, bank robbery can be amplified to a federal offense. This means that if you are charged with bank robbery, not only are you facing a possible Class A, B or C felony you must also face federal prosecution, which can be quite aggressive considering the government’s resources. The type of felony you are charged with depends on whether weapons or violence was inflicted, if anyone was injured and how much money was taken. If a weapon was used, the penalties for this crime are often enhanced, but even if there was no use of weapon in the robbery, a conviction can carry a prison sentence of anywhere between one and 10 years.

Today’s technology has made evidence against bank robberies, including credit unions and savings and loans associations, much stronger due to several factors:

• High-technology security systems

• Exploding dye packs located in the money

• Locator devices

• Marked bills

• Silent alarms

Charges of bank robbery can damage you and your family’s life in more ways than one. Not only do you run the risk of being prosecuted by the Federal Bureau of Investigation, but you ultimately face the possibility of hefty prison terms, probation, parole, large fines and a record that could limit all aspects of your future life. The Florida Bank Robbery Defense Attorneys at Whittel & Melton can discuss your best line of defense to combat federal charges and help you avoid a conviction with potential prison time.

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Michael Lohan, father of actress Lindsay Lohan, was arrested Monday night in Tampa, Florida on suspicion of domestic violence.

Police responded to an alleged domestic violence call at Lohan’s home and arrested him for battery on his live-in girlfriend.

According to police, after Lohan, 51, was taken into custody he started complaining of chest pains. He was transported to a hospital and after checking himself out, he was placed under arrest.

Lohan was arrested in Los Angeles for his involvement in an alleged domestic violence in March where he was charged with one misdemeanor count of corporal injury to a cohabitant.

Allegations of Domestic Violence need to be handled quite carefully because of minimum mandatory sentencing guidelines for charges as well as increased public and media attention these types of cases draw in. Lohan’s celebrity status and previous criminal record could influence how the prosecution chooses to handle this case. Undoubtedly, an experienced Criminal Defense Attorney is needed for any type of Domestic Violence charge due to the extremely sensitive nature and high degree of emotion involved in these cases.

Typical Domestic Violence allegations can include battery, aggravated battery, assault, aggravated assault, stalking, kidnapping, child abuse and violation of restraining orders. Most people think that domestic violence only covers abuse between spouses or partners, but the statutes covering this area of the law are really far more extensive. Domestic violence encompasses charges related to child neglect, elder abuse, stalking, threats, emotional abuse and other types of abusive behavior toward another person. Essentially, any threatening or violent act, regardless of intentions to inflict harm, could be grounds for prosecution under Florida Domestic Violence laws.

Domestic Violence charges can be filed as a misdemeanor or a felony. Ultimately this decision is made by a prosecutor who bases the choice on victim and witness credibility, severity of injuries and the facts surrounding the case. In most scenarios, severe injuries such as broken bones and significant bruises will be charged as a felony. Slight injuries or no apparent injuries are usually charged as a misdemeanor. However, any prior acts of Domestic Violence or a criminal history may have bearing on how the prosecutor chooses to file the case. Consequences associated with a Domestic Violence conviction can range from brief jail sentences, counseling and community service to multiple years in state prison, fines and restraining orders.

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A 17-year-old expelled Tampa student was arrested after police allegedly found the boy in possession of bomb-making materials and a diary with step by step instructions detailing how to carry out a bomb plot supposedly planned for the first day of classes.

The boy was arrested and charged with threatening to throw, project, place or discharge a destructive device.

Police allegedly received a tip about the boy’s supposed plot on the morning of Aug. 16.

Authorities searched the boy’s home and apparently found shrapnel, plastic tubing and timing and fusing devices. A diary was captured by police that allegedly included targeted administrators, drawings of the high school and statements about killing.

According to the Tampa Police Department's Regional Bomb Team, the amount of materials found in the boy’s home had the potential to have multiple casualties.

Police believe the boy was acting alone.

The boy could face additional charges of possession of bomb-making materials as well as cultivation of marijuana after police supposedly uncovered plants, drug paraphernalia and marijuana in the boy’s room.

According to TBO.com, the boy was recently arrested for burglary with a stolen firearm.

The juvenile was expelled from the high school in Spring 2010 for an unknown off-campus incident. The youth was taken to the Juvenile Assessment Center. It is not yet known whether or not the State Attorney’s Office will charge him as an adult.

With such serious alleged claims found in the young man’s diary, it will be interesting to see what route the prosecution decides to take. Given the boy’s age in combination with the seriousness of the allegations, he appears to have a high chance of being subject to adult court.

After a petition is filed, a judge must decide whether a minor is tried under the juvenile court system or pushed through to the adult criminal justice system. There are many aspects a judge considers before making the decision to transfer a juvenile to adult court, including the youth’s previous criminal record, whether the alleged offense was violent or carried out with intent, the seriousness of the crime in combination with the community’s safety, whether or not any victims were physically injured, the maturity of the juvenile and finally, if the juvenile would be better rehabilitated through the juvenile system or through the resources available in adult court. The juvenile justice system’s main focus is on rehabilitating a minor accused of a criminal offense and is partly based on the adult criminal justice system. The adult court system is intended simply to seek justice for the victim and punish the offender.

In serious cases, such as crimes of violence where a weapon was used, prosecutors will most likely attempt to waive up a youthful offender to adult court which will expose the minor to adult treatment and penalties. In Florida, a person that threatens to throw, project, place or discharge a destructive device, such as a bomb will be charged with a second-degree felony. The punishment for a felony of this caliber could result in up to 15 years in prison.

It is important to remember that a juvenile offender has the same rights as an adult accused of a crime. The right to remain silent, the right to legal counsel and the right to cross-examine witnesses are included in these legal rights. The educated Florida Criminal Defense Lawyers at Whittel & Melton can best direct you on how to fight for your child to remain in the juvenile court system.

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A 21-year-old woman has been accused of murdering an 83-year-old man found dead in a motel room in Tampa. She faces charges of first-degree murder and armed robbery and as of Saturday, she remained in the Hillsborough County Jail.

According to police reports, someone dialed 911 to report an elderly man deceased in a motel room. The only information released is that the man was found Friday with “upper body trauma.”

The victim has yet to be identified. It is also unknown whether the woman has retained legal counsel for the charges she faces.

With so few facts being released about this case, it is hard to expound on the predicament this woman faces. Generally speaking, first-degree murder is considered a Capital Offense in Florida with the possible punishments being quite severe; the death penalty or life in prison without the possibility of parole. With that said, any time someone is accused of murder, it is extremely important to contact a Florida Criminal Defense Attorney to start investigating your case immediately. Your rights can be best protected once you have an attorney with the highest caliber of professionalism on your side.

The killing of another human being can be justified as excusable homicide if a few circumstances can be proved: the killing took place due to an accident carried out by a lawful act and without any unlawful intent, the killing was the result of a mishap in the heat of the moment following ample provocation or the killing came about due to an unexpected attack that was not carried out in a cruel and unusual manner with no dangerous weapon used. Under Florida law, justifiable homicide can be a defense to first-degree murder if a party is killed while you were resisting someone attempting to kill you or commit a felony against you. Self-defense can also play a part in a murder defense, if the use of deadly force can be justified.

If you have been arrested for first-degree murder in Florida and are thinking of defending yourself or are contemplating accepting the legal aid appointed to you, please call the Florida Criminal Defense Lawyers at Whittel & Melton today. We can offer you a free consultation and will not falter in our attempts to guide you through the best possible course of action that can be taken for your distinct situation.

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Tampa Bay Bucs defensive end Alex Magee was charged with possession of marijuana Monday afternoon after being pulled over for an expired tag. During the traffic stop, police reportedly smelled marijuana coming from the interior of Magee’s 2009 Black Dodge Charger and after searching the vehicle a misdemeanor amount of field test positive marijuana was found.

Magee was charged with possession of marijuana and having an expired tag of more than six months. Magee was released with a citation due to the offense being classified as a misdemeanor.

The Duquenois-Levine test is widely used by detectives to determine if a suspected substance is a positive match for marijuana. The test is easy to administer and results are determined through chemical color reactions. An officer performs the test by placing a particle of the substance in question on a micropipette of chemicals, if the chemicals turn purple then marijuana is a possible culprit. While the tests are simple and keenly looked upon by law enforcement agents, results can return false positives which can result in unfortunate arrests.

A large number of marijuana arrests occur after a vehicle is stopped for traffic violations. Many times the officers who pull you over for traffic infractions are street cops that are not veteran law enforcement agents or narcotics detectives who have the knowledge of conducting a lawful search of your person or vehicle. How an officer finds any amount of suspected marijuana is crucial information in a drug charge because if the search was illegal, oftentimes the charges can be dropped.

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Texas police arrested Tampa Bay Buccaneers cornerback Aqib Talib Tuesday for his connection with a shooting last week in Garland, Texas. The 25-year-old football star will be charged with aggravated assault with a deadly weapon.

Talib’s mother turned herself in Tuesday morning and was charged with aggravated assault with a deadly weapon and a felony possession of a firearm from a previous conviction.

Talib and his mother were allegedly involved in a domestic disturbance on March 21 with Talib’s sister’s boyfriend. Police arrived at the scene after a 911 caller reported fighting and the sounds of gun shots around 7: 30 p.m.

According to the St. Petersburg Times, Talib allegedly tried to pistol-whip the boyfriend with a handgun which was dropped in the struggle. Police reports indicate the boyfriend supposedly grabbed the gun and ran while the mother produced another gun and fired at least three times at the boyfriend before Talib took the gun from her and fired at least twice more.

The boyfriend, a registered sex offender in Texas, was taken into custody and charged with aggravated assault with bodily injury and interference with an emergency phone call relating to an incident that happened at his home earlier in the day.

Talib’s bail was set at $25,000. Talib’s mother’s bail was set at $25,000 for the assault charge and $5,000 for the possession charge.

Talib was arrested in 2004 for burglary, got into a public fight in 2008 with a teammate, hit and injured former Bucs cornerback Donald Penn in 2009 and was charged with battery after he hit a cab driver last year.

Talib is facing a second-degree felony conviction punishable with prison time anywhere from 2 to 20 years. He could receive community-control probation instead of prison time if he has no prior felony offenses, but like the article does mention, this could be a far reach if a handgun is actually fired at someone. The probation period for a second-degree felony can last up to 10 years. For Talib to continue his career with the Bucs, if probation is granted, he would have to receive permission from Florida authorities that they would supervise a Texas probationer. This would also have to be agreed upon by the NFL, which is currently under a work stoppage where teams are not allowed to contact players or make any transactions, which includes releasing players.

There are varied possible consequences for aggravated assault with a deadly weapon. Punishments can be determined through possible defenses, conditions neighboring the crime, the degree of any injuries incurred, whether a weapon was used, past criminal record of the defendant, and in some circumstances the victim's personal history.

Any time an offense involves a weapon other criminal charges can be filed to supplement the aggravated assault charge. When a deadly weapon is involved, like the use of a handgun, enhancements with statutory sentencing guidelines are likely. Depending on the jurisdiction and the sentencing official, additional time may be added to the sentence.

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Tampa Bay Buccaneer cornerback Aqib Talib was arrested last week for misdemeanor battery and resisting arrest without violence.

According to reports, Talib was arrested by the Florida Highway Patrol and booked into the Pinellas County jail after a cab driver reported that Talib had verbally threatened him and struck him, knocking his hat off his head.

This incident is the third time the player publically lost his cool—at the 2008 NFL rookie symposium Talib got into a fist fight with fullback Cory Boyd, a fellow draft mate of the Buccaneers, and he also got into a fight with teammate Donald Penn at an offseason workout.

It is unclear how the Buccaneer’s front office will handle the most recent incident, but in the criminal arena, Talib could face one year in jail for each of the misdemeanors.

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According to Kevin Metana of the St. Petersburg Times, two men were arrested this past week in Tampa, and charged with two counts of drug trafficking, two counts of obtaining a controlled substance by fraud, burglary and grand theft.

The report indicates that the men were allegedly found to be in possession of more than $10,000 of prescription Oxycodone, or roughly 687 pills. In addition, the men were allegedly also found to be in possession of marijuana and $2,500 in cash. The cash will certainly become subject to an Asset Seizure or Forfeiture proceeding as part of this arrest.

The arrest for drug trafficking is partially based on law enforcement’s suspicion that they have been committing these acts in several areas, including Hillsborough, Pinellas, Pasco, Hernando and Sumter Counties. Because these men hail from Floral City and Brooksville, this suspicion will certainly be investigated by several departments. This arrest was allegedly initiated by a “tip”. Any Florida Drug Trafficking Lawyer hired in this case will investigate this “tip” as it may be the product of a confidential informant, or “CI”, or through coercive or constitutionally illegal tactics by the Police.

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