July 26, 2010

Ocala Prostitution Trap Nets 7 Johns

Apparently the Ocala, Marion County, Florida Prostitution business has gotten so unwieldy that a multi-agency taskforce was assembled to bring the Ocala sex trade to task. According to reports, seven men were arrested allegedly engaging in solicitation of undercover female officers for sex. The Ocala Police department reports that one gentleman offered $50 for sex.

Criminal defense lawyers, often legally fight arrests for Solicitation of Prostitution, with Motions to Dismiss or Motions to Suppress Evidence because of the many entrapment issues that can be raised during these arrests. Although entrapment defenses can come up in other types of cases like drug crimes, sex crimes and theft cases—many solicitation of prostitution arrests have also been thrown out where judges and prosecutors have agreed that some guys were not predisposed to commit a crime, except that the conduct of the persuading and manipulating undercover officer made it an unreasonable situation.

Prostitution has a structured sentencing for anyone with prior convictions. A misdemeanor of the second degree can be charged for the first offense and the State Attorney can charge a misdemeanor of the first degree on a second charge. For a third or subsequent violation, the State Attorney can charge a third degree felony.

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July 17, 2009

Dog days of summer pose dangers to your pup

If you've ever left your dog in the car for "just five minutes" on a summer day you could be subjected to criminal liability.

How? According to the United Animal Nations, dogs don't have sweat glands all over their bodies as humans do. They cool off by panting, which is inefficient. Once a dog's body temperature gets over about 106 — normal temperature is around 101 — dogs can suffer within a matter of minutes, everything from nerve damage, heart problems, liver damage, and systemic organ failure.

The United Animal Nations has a program on their website that shows how hot a car can really get. For example, when it’s 72 degrees, a car in direct sun can reach an internal temperature of 116 degrees. Even in the shade, a car can be 10 to 20 degrees hotter than outdoors--and cracking the window has almost no effect.

In light of these facts, leaving your dog in the car can also have criminal consequences. Under Florida Law, animal cruelty can result in a court-imposed fine of up to $5000, and imprisonment up to one (1) year. Intentional cruelty is a felony and a defendant could be fined up to $10,000, and sent to prison for 5 years.

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January 14, 2009

Man charged with Marion County DUI manslaughter; girlfriend dead

The Ocala Star Banner is reporting that an Ocala man was taken into custody and charged with DUI manslaughter and two counts of DUI with property damage after being involved in a car crash that has left his girlfriend dead. He was arrested after being treated or minor injuries Munroe Regional Medical Center.

According Florida Highway Patrol reports, the accident occurred Tuesday night on U.S. 27. Witnesses told troopers that they saw the driver speeding in the left lane while going around a right-hand curve when he tried to pass a slower-moving vehicle in front of him when and lost control and the car, striking a utility pole. The passenger had to be extracted from the vehicle and was rushed to Munroe Regional, where she was pronounced dead.

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January 5, 2009

Ocala, Florida drug possession arrest stems from traffic stop

An 18-year-old man stopped by a sheriff’s deputy on Thursday night for having a suspended driver’s license, was arrested for driving on a suspended license and drug possession after a search of the vehicle uncovered more than 100 grams of marijuana. The Ocala Star-Banner reports that a Marion County Deputy saw a black Chrysler heading west on County Road 464 and ran the tag, which showed the registered owner had a suspended driver’s license.

After pulling over the car, the deputy detected a strong marijuana odor coming from the car. Deputy found 110 grams of marijuana in a gallon-sized baggie in the glove box as well as another baggie that contained less than a gram of marijuana. The center console had several small baggies in different sizes. The suspect told deputies that he intended to smoke a portion of the marijuana, and sell the rest.

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December 23, 2008

Marion County shooting suspect turns himself in to police

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.

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December 17, 2008

Two Fort McCoy men charged with stealing 16 guns from home

Sheriff's detectives arrested two juveniles Friday night in connection with a home burglary where 16 guns were taken from a Fort McCoy home. The Ocala Star Banner reports that the juveniles lived down the street from the burglarized home.

Not long after the burglary was reported, detectives talked with witnesses who told them they heard gunshots in the neighborhood and saw one of the juveniles firing shots into a tree. One woman said she saw a car pull into the juvenile's driveway and believing it was strange, she wrote down the tag number, which she gave to detectives. Detectives tracked down the car's owner who lead them to the perpetrators.

The guns, valued at nearly $17,000, included rifles and handguns. The boys were charged with armed burglary and grand theft, and one of the accomplices was also charged with possession of a firearm by a convicted felon.

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July 21, 2008

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

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

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

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

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