Florida Criminal Attorney Blog

The state of Florida’s death sentence policy is quite different than any other state’s version. Florida is the only state that gives the jury the power to recommend the death penalty or life in prison, which is decided by a majority vote. The judge can consider the recommendation, but ultimately does not have to agree with the results of the jury vote.

On Tuesday, the State Attorney’s Office announced its plan to seek the death penalty in an Ocala, Florida case involving a 31-year-old man accused of murdering two children and two women, one of whom was the mother of his 2-year-old son.

The man, currently a high security inmate at the Marion County Jail, was arrested on Aug. 5 and charged with five counts of first-degree murder and arson of a dwelling.

The four individuals were found shot to death inside a home that was allegedly set on fire. The children, 6 and 8, were found in a back bedroom, the women, 27 and 52, were found near the front door.

The 27-year-old woman was supposedly dating the man accused of the quadruple murder. She allegedly arrived at the home on Aug. 5 with her three children in a white Jeep, when she supposedly went inside the house and left the children in the car.

One child told detectives that there was a loud bang, followed by the woman’s collapse. She was supposedly dragged inside the home and the door was closed. A short time later, flames erupted from the house.

The children remained in the Jeep until neighbors got them out.

The man was indicted by a grand jury at the end of August.

When a person is charged with a capital crime in the state of Florida, a grand jury will determine whether or not the case moves forward to trial. The Florida Supreme Court defines a grand jury as “an investigating, reporting, and accusing agency of the Florida Circuit Court.” During a grand jury trial it is determined whether or not there is probable cause to believe the accused has committed a capital crime.

Currently, Florida has several capital crimes, including:

• First-Degree Murder

• Felony Murder

• Capital Drug Trafficking

• Capital Sexual Battery

If a grand jury decides that there is enough evidence against a person accused of a capital crime to proceed to formal trial, then that person will progress to a Florida circuit court where a separate jury will establish if the person is actually guilty of the crime charged. Someone convicted of a capital crime in Florida faces the possibility of life in prison or the death penalty.

Continue reading "Ocala Criminal Defense Lawyers Whittel & Melton :: State Seeking Death Penalty in Quadruple Murder Case" »

One of the defendants allegedly involved in the death of a 15-year-old Belleview, Florida teen is allegedly incompetent to stand trial.

The 38-year-old man’s lawyer supposedly told a judge in a brief pre-trial conference on Wednesday that a psychiatrist asserts the man is unfit to stand trial for the charges of accessory to first-degree murder.

He is accused of helping dispose of the body and enabling one of the suspects to evade arrest by driving him to Starke.

The teenager was allegedly murdered in April by a group of young people ranging in age from 15 to 20.

The lawyer supposedly would not disclose the nature of the man’s condition.

The judge reportedly asked prosecutors to schedule a competency hearing, according to the Ocala Star Banner. After the hearing the judge will decide whether the man is actually unfit or fully competent to face a trial.

It is unknown when the competency hearing will take place.

The accused is currently free on bond.

Criminal behavior has been found to have a direct link to psychological, psychiatric, or mental health in some cases. Defendants with such illnesses or issues must receive specialized attention because their needs can often go undetected in a legal system run by police, prosecutors and judges who are not equipped with the knowledge needed to detect their disorders.

Within the last decade, mental illness has become widely recognized as a gateway to criminal behavior. While the criminal justice system can be intimidating for a defendant who does not have mental issues, a criminal defendant with a mental illness can find the system practically unmanageable unless they have guidance of legal counsel who can understand and display to the court their unique position.

At Whittel & Melton we work with psychiatrists, substance abuse specialists, psychologists and other mental health experts so that we can assist with any special needs you and your loved ones may have. By working with trained professionals, our attorneys can pinpoint any underlying health issues and establish the best method to settle a criminal matter. We can help condense possible exposure to criminal consequences by addressing special circumstances. We seek a long-term solution that will benefit the accused as opposed to a quick fix solution implemented by the prosecution that may actually hinder behavioral health progress.

Continue reading "Ocala Homicide Lawyers Whittel & Melton :: Attorney for Man Accused of Accessory to Murder Requests Competency Hearing from Judge" »

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 " »

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.

Continue reading "Tampa, Florida Murder Defense Attorneys Whittel & Melton :: Tampa Woman Charged with Homicide of Elderly Man and Armed Robbery" »

A 16-year-old Sarasota, Florida teen was taken into custody on Sunday, April 17, 2011 for his involvement in the shooting of two British tourists on holiday from England. He was jailed and charged with two counts of murder.

According to BayNews9, the tourists, aged 24 and 25, were killed Saturday morning at The Courts public housing project in the 1700 block of Carver Court in Sarasota, FL. Officials have not determined why the tourists were at the location, which is in an area of town police known to be problematic.

Detectives said the tourists were staying at a hotel on Longboat Key, around 12 miles from where they were shot. The shooting happened just before 3 a.m.

The 16-year-old male arrested for the crime lives in the neighborhood the shooting took place and has a previous record. A few weeks ago he was arrested for aggravated assault with a handgun.

Officials believe that others were involved and are continuing their investigation. Prosecutors will decide of the boy will be tried as a juvenile or an adult.

The state of Florida’s approach to juvenile crime differs in its approach to adult crimes. The ambition for the juvenile court system is not as much to punish but to rehabilitate the juvenile. Criminals sentenced as juveniles can be placed under house arrest or in a juvenile detention center. This is not the same as prison, but more of a passing short-term detention where the juvenile can be given direction, education and mental health or substance abuse services from certified juvenile crime specialists.

For murder offenses, Florida courts have the diplomacy to sentence juveniles to life without parole. When the court believes an offense is too serious for fleeting confinement, the child is sentenced as an adult and sent to a prison with other adult inhabitants. The judge typically has to give a reason for transferring the juvenile to an adult court to be tried as an adult, but not always. As a courtesy, the court sometimes holds the juvenile in the detention center until he receives a sentence as an adult. The court may also impose holding the child until reaching a certain age, usually 19, for transfer to the adult facility.

Continue reading "Florida Juvenile Criminal Defense Attorney :: Sarasota Teen Charged with the Murder of Two British Tourists" »

A Lady Lake, Florida woman has been arrested this week for her connection in the January murder of a Wildwood, Florida man.

A warrant for the woman’s arrest was obtained on March 7 after evidence indicated that her vehicle was used to allegedly transport the deceased man’s body to the backyard of an abandoned home.

Sumter County detectives recovered the man’s body on Jan. 20. The Medical Examiner’s Office ruled the death as a homicide and determined the cause to be multiple gunshot wounds.

The Sumter County Times reports the case is still under investigation.

Murder is an extremely serious charge that is defined as a homicide that is premeditated by the accused. Premeditation is sometimes referred to as malice aforethought because they both have similar meanings in regard to murder. When something is premeditated it is carried out with careful planning and consideration. Malice aforethought is used to illustrate a murder that is carried out deliberately, carelessly, and with tremendous discount for human life.

Depending on the evidence of the case, the woman could be charged with first, second or third degree murder. First degree murder is a capital felony that is punishable in the state of Florida by life imprisonment or the death penalty. Second degree murder is a first degree felony that is punishable by a maximum life sentence in prison. Third degree murder is a second degree felony described as a death that occurs while the accused is committing another felony. Upon further investigation into this case the State can decipher an appropriate murder charge for the woman in question.

Continue reading "The Villages, Florida Criminal Attorney :: Woman Connected With Murder Arrested" »

A Largo, Florida man has pled no contest to a charge that he hired someone to murder his estranged wife.

The man accepted the open plea on Friday, according to the Miami Herald.

The 53-year-old central Florida man allegedly met with a tipster and an undercover detective in 2009 to arrange the murder. According to the Pinellas County Sherriff’s Office, the man requested his wife’s death involve a car accident.

The man’s son was seriously injured in a car crash involving the son of wrestler Hulk Hogan, Nick Bollea, in 2007.

Under Florida state guidelines, this man could be sentenced to as few as 6.4 years in prison or as much as 40 years in prison. The fact that he made an open plea means that he had no agreement with State prosecutors about his sentence. Pleading “no contest” for a criminal charge is not an admission of guilt, this just means the defendant is choosing not to challenge the charge. For sentencing purposes, a plea of no contest and guilty are treated the same. The court does not change a sentence or punishment of a crime because a defendant pleads no contest instead of guilty on a criminal charge.

A plea of no contest is viewed differently when a victim sues a defendant in a civil lawsuit. If this man’s wife chooses to sue for damages in civil court, there is no evidence of his liability in the case because he entered a plea of “no contest.” If he had pled guilty, then there would be sufficient evidence of his liability in the matter.

Continue reading "Clearwater, Florida Criminal Attorney :: Largo, Florida Man Pleads No Contest to Hiring Someone to Kill His Wife" »

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" »

Despite no known criminal priors, a 23-year-old is behind bars, according to the St. Petersburg Times, in Land O’ Lakes, Pasco County Jail, after a botched traffic stop on Friday night.

Allegedly during a “routine” stop for a missing tag and suspicion of ties to a recent burglary, the defendant tried to ram a Pasco County Sheriff’s Office cruiser in an attempt to hit a deputy who was out of his vehicle.

After the help of a K-9 unit tracking down the defendant who fled on foot, the young man was charged with attempted murder, aggravated assault on law enforcement officers, possession of marijuana, reckless driving and driving under the influence. Pasco County first appearance bond judge levied a bail amount of $120,450.

To make matters more complicated, one of the deputies involved in the apprehension of the defendant had a “ride-a-long” from the Pasco County Sheriff’s Office Explorer program with him. No doubt, that will be a night to remember for that volunteer youngster.

Continue reading "Pasco County Criminal Lawyer New Update: New Port Richey, FL Man Charged with Attempted Murder, Aggravated Assault on Law Enforcement, DUI " »

According to the Citrus County Chronicle, the Citrus County Sheriff’s Office is investigating injuries sustained by a 54-year old Inverness, FL man in an alleged shooting. Not fifteen minutes later, at approximately 5:00 a.m., another Inverness man hobbled into the Inverness, FL Huddle House Restaurant with stab wounds on his neck and wrist. Citrus County is a community that has seen its fair share of criminal episodes in recent years-- having two violent offenses occur in such close proximity in time would seem to indicate that they are connected. However, police believe these incidents are unrelated.

Both alleged Citrus County crimes are being investigated by police at the time of this post. In Florida, arrests for this type of case could range from assault, attempted Murder, Attempted Manslaughter, Felony Battery or Aggravated Battery.

Continue reading "Citrus County Sheriff’s Office investigates Inverness, Florida shooting and stabbing…unrelated" »

According to the Ocala Star Banner, authorities arrested a 20-year-old man who was allegedly involved in shooting at a car in a W. State Road 40 parking lot on Thursday. Witnesses say the man fired several shots at a white Chevrolet Impala that was getting detailed and was occupied by two juveniles.

As the shots were being fired, an off-duty Marion County Sheriff's Office Corrections Officer saw what was occurring and withdrew his personal weapon and fired shots at the shooter. No one was injured during the shooting.

Police say that the alleged perpetrator turned himself in a little more than 24 hours after the incident. He is charged with two counts of aggravated assault with a firearm which if convicted, could subject him to a mandatory minimum prison term.

Continue reading "Marion County shooting suspect turns himself in to police" »

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" »

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 Whittel & Melton, LLC 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.

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 Whittel & Melton, LLC. You have rights and deserve a fair day in court. Contact our office immediately.

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.