January, 2012

Florida Drug Crimes Defense Lawyers Whittel & Melton :: Ex-Chicago Bears WR Sam Hurd Released from Federal Jail after Posting $100K Cash Bond

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Sam Hurd was released from the Metropolitan Correctional Center on Dec. 16 after posting $100,000 cash bail, but the former Bears receiver will now have to look for a job elsewhere.

The team decided to cut Hurd on Dec. 16 after reviewing the drug allegations stacked against him.

Hurd was arrested on Dec. 14 outside of a Chicago steakhouse. He is accused of accepting a kilo of cocaine from an undercover federal agent masquerading as a drug dealer. He is also accused of attempting to set up a major drug network.

Police claim that Hurd told the undercover agent that he wished to purchase five to 10 kilos of cocaine and 1,000 pounds of marijuana a week to sell in Chicago and that he was supposedly moving four kilos of cocaine a week.

After appearing in court and posting bond, Hurd’s attorney did not respond to any of the specific allegations in the criminal complaint, but did address the rumors that Hurd was supplying drugs to various NFL players as 100 percent false.

Charges against Hurd have been filed in Texas, which is where his next court date will be. While no date is set as of yet, it should be scheduled within the next 30 days, after a grand jury hears the case.

A former federal prosecutor shared that the case against Hurd appears to be solid based off the criminal complaint, but other factors could play a role in how the case shapes up, including what information Hurd can offer prosecutors build a case against others.

It is not mentioned whether Hurd will attempt to get picked up by another team as he fights the drug case with the potential to put him in jail for 40 years.

The most serious drug crime in the state of Florida, whether prosecuted in state or federal court, is drug trafficking. Under Florida Statutes, a person in possession of less than a kilo of cocaine can be charged with drug trafficking. In fact, the only difference between cocaine possession and cocaine trafficking boils down to the amount of cocaine seized during the time of arrest. Individuals could face anywhere from three to 25 years in prison for drug charges in Florida, contingent upon the type of drug and the amount seized.

In Florida, oftentimes drug trafficking charges stem from undercover sting operations. Depending on how initial contact was made between the accused and an undercover officer as well as how the drug evidence was seized, possible trafficking charges could be dropped. Undercover drug busts must follow clear-cut procedures and drug charges can be dismissed if law enforcement officers neglected to acquire an appropriate warrant, used an illegal wiretap or failed to link the accused to the alleged drugs due to scarce evidence.

Despite the allegations surrounding your drug arrest and what federal agencies may be involved, the Florida Drug Crimes Defense Lawyers at Whittel & Melton may be able to assist you in combatting state or federal drug charges. If your charges cannot be dismissed, we prepare for trial and in the meantime will negotiate with prosecutors for the least amount of prison time or even request a suspended or alternative sentence. Many times in drug cases, the State’s case may fall under a gray area and our attorneys can pick out the strengths and weaknesses of the prosecution’s case to better defend you.

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Posted In: Drug Charges , Drug Trafficking , Federal Crime , Florida , Undercover Police Sting

September, 2011

Florida Statewide Criminal Defense Attorneys Whittel & Melton :: Multi-Agency Stings Attempt to Wipe Out Various Crimes in Florida

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For the past two months, detectives from the Sheriff's Office Criminal Investigations Division have been pouring much time and effort into long-term investigations that have recently culminated into 41 arrests of men, women and juveniles that filled the Highlands County Jail Friday evening.

The Drug Enforcement Administration, U.S. Marshal, Florida Department of Law Enforcement, Florida Department of Corrections Probation and Parole, and Florida Department of Juvenile Justice teams participated in cases ranging from large-scale narcotics sales and trafficking, to neglect of a child, to grand theft and burglaries as well as lewd and lascivious battery, and even serious weapons charges.

According to Tampa Bay Online, the initiative entailed unannounced compliance checks with sex offenders and predators that are currently monitored by the Department of Corrections.
This undertaking also netted 68 warrants for 163 felony charges from the investigations, 156 juveniles placed under court-imposed curfews and 31 sexual offenders with court sanctions.

By the end of the joint sting, police supposedly seized two vehicles, three firearms, 298.6 grams of marijuana, 288 hydrocodone pills totaling 130.1 grams, 110 Ecstasy pills totaling 35.7 grams, 50 Alprazolam pills totaling 13.2 grams, 4.8 grams of cocaine and $430.

As the above story shows, sting operations cover a varied body of crimes, and because of this, numerous techniques can be implemented by investigators depending on the operations immediate or long-term objective. While some exceptions may apply, generally speaking, most sting operations contain four basic elements:

1. An opportunity or chance for a crime to be committed. This opening is usually crafted or manipulated by officers.

2. Targets a likely offender for the crime at hand, or even an entire group.

3. Some form of trickery, either through an undercover officer or an informant.

4. A climactic effect where incriminating evidence is revealed that ends the operation and yields arrests.

The most defining feature related to undercover stings is when the operation ends with a “caught you” moment and police reveal themselves and catch the offender in the act of committing a crime set up by investigators that is usually caught on video or audio recording devices. The main tactic of these undercover schemes conducted by police is to entice a targeted offender with an opportunity to commit a crime, and then catch them in the act. The person who succumbs to the chance created by police is considered a “willing” offender, even though police construct these situations clearly out of deception.

Most sting operations use a variety of deception techniques to take down targeted possible offenders. A variation of props, techniques and facilitators can be used in an undercover sting such as disguises, false storefronts, professional informers, false advertisements, decoy cars, surveillance and surrogates. Whatever the tactic chosen by cops, sting operations are executed for two general purposes: investigation and to reduce and prevent certain crimes. Most sting operations conducted for investigation purposes are lengthy and are aimed at uncovering extensive fraudulent behavior that involves numerous people. Sting operations that target specific crimes, are more common because they are cheaper to implement and are usually conducted for a set amount of time. It is important to note that many sting operations involve government and non-government agencies in addition to the sheriff’s office. It is not uncommon for federal, state and international organizations to be involved in a local sting, as well as community and business organizations.

If you have been arrested by an undercover officer, you may be wondering if this could be entrapment. The state of Florida provides certain affirmative defenses to those accused of criminal activity. Entrapment can definitely be one of those defenses, and alleges that police officers are responsible for the crime because their behavior caused the offender to commit an illegal act. In order for entrapment to be used as a defense, the accused must admit that they committed the crime they are charged with. The defendant must show that they were swayed by the officer to commit the crime, and then it is up to the prosecution to show whether or not the defendant was predisposed to commit the crime. Entrapment is generally an issue in all undercover operations, including cases involving:

• Online Solicitation of a Minor: Undercover police officers will pose as a child on the Internet in hopes of arranging a meeting for a sexual encounter. If the defendant actually shows up to the meeting, he or she could face a minimum of 25 years in prison.

• Possession of a Controlled Substance with Intent to Deliver: This usually involves an undercover cop purchasing drugs from the defendant.

• Prostitution: This can entail undercover officials posing as prostitutes and offering sexual favors in exchange for money. Some jurisdictions purchase houses for the sole purpose of conducting prostitution stings.

• File Sharing: Investigators can trace the source of pornography, particularly child porn and reveal its source. If a defendant is believed to have shared child porn via the Internet, a case can be brought against them and a search warrant can be gathered to search their home and seize their computer.

The Florida Criminal Defense Attorneys at Whittel & Melton understand how frightening an arrest from a police sting can be. It is important to contact an experienced criminal defense attorney as soon as you think you are under investigation or immediately following your arrest. There could be time after an investigation to keep charges from being filed. Whether you are facing drug trafficking charges to auto theft and burglary, our attorneys can work with any investigating agency involved in your case to prevent the filing of charges. This could be the difference between a criminal record and the life-altering consequences that go hand in hand with a conviction.

Continue reading "Florida Statewide Criminal Defense Attorneys Whittel & Melton :: Multi-Agency Stings Attempt to Wipe Out Various Crimes in Florida" »

Posted by Whittel & Melton, LLC | | Email This Post

Posted In: Criminal , Florida , Undercover Police Sting

Jason M. Melton

Criminal Defense Attorney

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