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Former NFL player and Tampa Bay Buccaneer tight end Kellen Winslow II has accepted a new plea deal that will placed him behind bars for 14 years for rape, assaul, and other misdemeanor sex crimes, according to the plea agreement entered Friday in San Diego Superior Court.

The new plea deal will replace a previous agreement from his November 2019 case, where he plead guilty to rape and sexual battery charges in order to avoid life behind bars. The previous deal had a sentencing range of 12 to 18 years in prison that would be decided by a judge following a sentencing hearing. 

37-year-old Winslow appeared remotely in a court hearing from jail in San Diego County. He told the judge he would like to agree to 14 years, according to reports. 

The new plea deal also includes a new guilty plea by Winslow who apparently assaulted a female hitchhiker in her mid-50s with the intent to commit rape in March 2018.  

law-1063249_1920-300x225Winslow’s sentencing hearing is set for March 3, which is when final judgement will come. 

The jury in Winslow’s first trial in the spring of 2019 could not reach a unanimous verdict on all his charges. Winslow was almost sentenced last year under the old deal, but the COVID-19 pandemic delayed Winslow’s sentencing scheduled for last March. 

The new plea agreement helps both sides avoid certain risks: the prosecutors avoid Winslow getting a shorter sentence and Winslow avoids a life in prison sentence, a risk associated with another trial. 

All of Winslow’s crimes took place in San Diego County. His first trial took place in June 2019 where a jury found him guilty of raping a homeless woman and exposing himself to a woman in his neighborhood in May 2018, as well as making a lewd gesture towards a woman at a gym in February 2019. 

Winslow also admitted guilt in November 2019 to raping an acquaintance while she was unconscious at a party in 2003, when she was 17 and he was 19.

In his new plea deal, he also pleaded guilty to assaulting the hitchhiker with the intent to commit rape.

Winslow has been in jail since March 2019, which will serve towards his 14-year sentence. 

At his first trial in spring 2019, Winslow was convicted by a jury for some of the charges against him.

In June 2019, the jury was unable to reach a unanimous verdict on the other charges against him, which led to a retrial scheduled for November 2019.

If the new jury had convicted him on the remaining counts, he could have faced life in prison. However, Winslow opted to avoid that risk by making a plea agreement. 

Winslow’s attorneys previously argued that he suffered from brain injuries from football and a motorcycle accident in 2005, which they said resulted in chronic traumatic encephalopathy (CTE), which is linked to football head trauma. This frontal lobe damage is what his attorney’s believe led to changes in his behavior. They estimated he suffered more than 1,000 head injuries over the course of his football career, which ended in 2013. 

A sex crimes conviction is perhaps one of the more devastating convictions a person can face. You could be looking at years behind bars, large fines, and the lifelong requirement to register as a sex offender. This means your name and information will be made available to the public, you will face restrictions on where you can live and work, and you may not be able to visit certain public spaces. This is why you need to get legal help with a sex crimes accusation as soon as possible as your future and freedom are most certainly at stake. Our Florida Criminal Defense Lawyers at Whittel & Melton can help you understand your rights and legal options available to you in regards to the sex crimes charges you are facing. 

Why Do You Need to Hire a Sex Crimes Lawyer?  Continue reading

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A 49-year-old man was sentenced in Tampa federal court Wednesday to six years and six months in federal prison for his apparent involvement in what officials say was a $400,000 nationwide postal stamp hustle. 

According to court records, the man pleaded guilty to theft of government funds in September 2019. In addition to the prison time, the man has been ordered to repay the proceeds of the theft – $405,935.76 in total. 

IMG_1524-225x300Prosecutors believe the man used fake checks to buy stamps at various United States Post Office locations in Florida as well as Arizona, Alabama, Connecticut, California, Georgia, Illinois, Kentucky, Louisiana, Massachusetts, Mississippi, Maryland, New Jersey, New York, Nevada, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Texas, Tennessee, and Virginia. 

Prosecutors said the man resold the stamps to stamp traders and other businesses. They also said the man used fictitious names when purchasing stamps as well as the identity of a deceased person. 

Prosecutors claim the man started his stamp scam in November 2016 and continued with it until his arrest in New Mexico in May 2019. 

If a federal agent with the Federal Bureau of investigation (FBI), the Drug Enforcement Agency (DEA), the Internal Revenue Service (IRS), the Bureau of Alcohol, Tobacco and Firearms (ATF) or the secret service, please understand the severity of the situation and that you could be the target of a federal investigation. 

If you think you are under investigation by a federal agency or have been contacted by a federal agent, then the first thing you should do is seek immediate legal representation with a federal criminal defense attorney. Our aggressive Florida Federal Criminal Defense Lawyers at Whittel & Melton are well equipped to take on your case in order to keep your rights protected and fight for your freedom. If you are the subject of a federal criminal investigation, then you need to act fast and start building an effective defense. You should contact us right away so that we can begin helping you immediately. 

What Makes a Federal Case Different from a State Case? 

State prosecutions involve local law enforcement who work on tight budgets and resources, and the federal government has virtually unlimited money, time, and other resources at its disposal. Federal cases receive a lot more attention than State ones and often move through the criminal justice system much faster. 

With that said, federal prosecutors are usually much more experienced as opposed to their State counterparts and federal prosecutors only take on cases they are confident that they will win. Federal investigators usually spend a large amount of time investigating these cases and collecting evidence, so preparing a strong federal criminal defense can be a daunting task.  

How Will I Know if the Federal Government is Investigating Me?

Different from State criminal prosecutions where suspects are not usually notified that they are under investigation for a crime, federal prosecutions will usually send their suspects letters to let them know that they are being investigated. 

Any notice of a criminal complaint or an indictment will also serve as notice that you are the subject of a federal criminal prosecution. As we said before, any notice that you receive should be taken seriously and you should retain legal counsel as soon as possible. 

On a similar note, if you are contacted by law enforcement executing a search warrant at your home or place of business, you should also seek legal counsel right away. 

Why Do I Need a Federal Criminal Defense Attorney? 

You need valuable legal advice and guidance if you are the target of a federal investigation. Before you respond to the federal government to try and clear your name, you should have a federal criminal defense lawyer on your side at the early stages of the investigation so that you do not say anything that could betray your own interests. Many people try to talk their way out of criminal charges, which can do more harm than good. There is quite simply no substitute to having a federal criminal defense lawyer guide you and advocate on your behalf.  

We cannot stress this enough: federal law enforcement agents are trained to get you to talk. They will deceive you into making harmful statements and they are trained effectively to get the information they want. Do not think for a second that speaking with federal law enforcement directly with no lawyer present will be to your advantage.  Continue reading

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The Palm Beach County Sheriff’s Office says that the arrest of a 38-year-old man for drug trafficking resulted after they were able to allegedly link him to a storage unit near Royal Palm Beach as well as his Acreage home. 

Police believe the man kept methamphetamines, fentanyl, cocaine and oxycodone at the storage unit and his home. 

According to police, they seized almost 20 pounds of fentanyl from the storage unit that belonged to the man as well as thousands of oxycodone pills, bath salts, ecstasy, cocaine, around 28 pounds of methamphetamines, and plastic baggies.

The man is facing various drug charges, including trafficking fentanyl, cocaine, methamphetamines, and oxycodone.

His bail was set at more than $2 million. If released, he will be placed on in-house arrest. 

Investigators apparently visited the storage unit on Monday where they also found a photo of the man, which is what led them to his home. 

They apparently obtained a search warrant for his house and found several other drugs and paraphernalia. 

Police claim they recovered a pistol, rubber gloves and a respirator mask that is often used when working with chemicals in the man’s kitchen. 

In the man’s garage they claim to have found a pill press mold where he is suspected of producing counterfeit oxycodone pills using fentanyl.

Fentanyl is a very powerful narcotic that is around 100 times stronger than morphine and 50 times more potent than heroin. 

According to a Florida Medical Examiners’ report, fentanyl is responsible for killing 278 people in Palm Beach County in 2018, which is more than in any other county in the state. In the first half of 2019 (January to June), 155 people were killed from fentanyl overdoses in Palm Beach County, which is the third-highest total in any Florida county in that same time period.

Detectives went on to share in their report that they uncovered nearly 20 pounds of fentanyl and 33 pounds of marijuana. They also said they found possible bath salts in a child’s bedroom, narcotic gummies, and more cocaine throughout their search of the rest of the home. 

wheelie-bin-2270582_1920-300x200The PBSO did not share how they were tipped off to the man’s storage unit for potential drug trafficking. They did disclose that they did a “trash pull” from the man’s home on Dec. 29. 

It is not exactly clear how long the man has been on PBSO’s radar. 

According to a report, the accused has served time in federal prison for the intent to distribute drugs in 2008. He was convicted of supplying a woman with ecstasy pills that she sold, according to court documents. He pleaded guilty in 2009 and was sentenced to 30 months in federal prison. He was released in 2015. 

This case is interesting because it brings up how police use trash pulls, which are perfectly legal, to try and figure out what is going inside someone’s home. There is really no secretive way that police carry out a trash pull. They just go to a home or business where trash has been put out for collection and rummage through the contents. What are they looking for? Usually they are rifling through trash to uncover any possible drug residue from cocaine, marijuana, methamphetamines, fentanyl, etc. These drug remnants are often referred to as “shake.” They are also looking for any large amounts of cleaner or other products that are often used in the manufacture of drugs. If they find any information on who is living at the home, that is also useful information to police. If they find any documents that could suggest drug sales have occurred or any other evidence that points to the possibility of illegal activity, this is also helpful information that could result in a search warrant for the home or business being looked at. 

Police will usually monitor trash for several weeks just to be sure that they uncover enough evidence or can rule out any illegal behavior. It should also be noted that trash is not considered private property as the Supreme Court of the United States as well as the state of Florida has ruled that trash that has been placed on the curb for collection is classified as “abandoned property,” so police do not need a search warrant to pilfer through the contents. They also do not have to tell you that they are conducting trash pulls of your garbage.  Continue reading

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A Broward Sheriff’s Office Deputy was arrested for DUI just before Christmas 2020 by the Palm Beach County Sheriff’s Office. His 4 door silver 2014 BMW was stopped in Delray Beach after the vehicle was apparently involved in an accident that involved property damage.

The BSO Deputy was booked into the Palm Beach County Jail at 1:03 a.m. and released just two hours later, at 2:42 a.m., according to jail records. 

While the deputy’s case was the most high profile, several others were arrested around the same time just before the holidays when DUI arrests started to stack up. In fact, for 2020, PBSO and Delray Beach Police reported much higher rates than normal.

drinks-2578446_1920-300x200Two women were arrested for DUI on separate occasions around the same time as the deputy. Two other men were arrested on DUI charges in separate incidents as well. 

It is important to be clear that DUI arrests are only accusations and does not mean any of these people arrested are actually guilty of driving under the influence of alcohol or drugs. Innocence or guilt can only be determined in a court of law. 

At the start of 2020, when the COVID-19 pandemic first came to the attention of the U.S., police reported DUI arrests were down. However, as the state of Florida opened up and the holiday season came into full swing, DUI arrests started creeping back up. More people gathering together and the work season slowing down for some, means more time to spend enjoying the company of others often makes people drink a little more than they usually do. While consuming more alcohol than normal is not necessarily a bad thing, it can be if you choose to get behind the wheel of a car. 

Getting arrested for a DUI anytime of the year can put you in a sour mood. Not to mention the costs associated with an arrest. A first-time DUI in Florida can set you back $1,000 in fines alone, this does not cover other court costs, probation fees or attorney fees. You could also have your driver’s license suspended anywhere from 6 months up to a year. You could be looking at around $3,500 for a misdemeanor first-time DUI. 

If this is not your first DUI arrest, the costs only go up. A second DUI offense can result in fines of $2,000 and a third or subsequent DUI arrests will be an automatic felony and fines of around $5,000. A judge could also order that an ignition interlock device (IID) or breathalyzer be installed in your car. These machines only allow your car to start if you blow a .0%. They will also require you to breathe into the machine at random times while the vehicle is in motion. These devices are not cheap to have; installation can cost around $150 and the monthly lease and calibration can cost you around $100. Depending on your situation, you may have to have an IID in your car for six months or years. 

Regardless of who you are, it is very important to remember that drinking and driving or operating a car under the influence of drugs of any kind, including prescriptions, is always a bad idea. If you have any alcohol in your system when driving and make any type of error, you can be arrested and charged with DUI even if your blood alcohol concentration is under the legal limit of 0.08%. Continue reading

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Gainesville Florida Criminal Defense Attorney Bill Ezzell now spends his days representing those accused of the highest criminal allegations in Florida. His criminal trial experience along with his relationships built as an Assistant State Attorney in Gainesville are an invaluable part of his criminal defense practice.

We spent a few minutes with Criminal Defense Attorney Bill Ezzell talking about handling Rape and Kidnapping cases in Florida, and especially Gainesville. One of the highlights of our conversation is the specific pieces of data that he remembers from his thousands of past cases.

photo__3174468_bill-profileBecause I handled so many cases and supervised other lawyers at the prosecutors office handling our serious Sex Crime cases in Gainesville like Kidnapping and Rape, when we have the opportunity to represent new clients at Whittel & Melton we immediately work to deconstruct what we can assume or think the State’s plan is, down to how they have built the file, how they will present it to the judge and to the jury – and then we work backwards from verdict all the way back to arrest and look for holes, inconsistencies and vulnerable areas ripe for challenge and possible exclusion. Like anything else, because we’ve walked this road before, we know where they are going even before journey begins. – William “Bill” Ezzell, Gainesville Criminal Defense Attorney and Trial Lawyer.

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A Tampa man is facing criminal charges after being arrested for sextortion: allegedly demanding money from a woman who sent him a sexy photo or he would tell her boyfriend about the image. 

The 23-year-old man was arrested on Tuesday by Pinellas Park police. He was booked at Pinellas County jail and released after posting $10,000 bond. 

The arrest report indicates that the alleged victim posted on an app this summer that she had two office chairs that could be picked up for free at a Pinellas Park business. The suspect apparently picked the chairs up and then contacted the woman. The arrest report shares that the two engaged in “flirty” text conversations and the man convinced the woman to send him a sexy photo of herself. 

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drugs-2793133_1280-300x200A 2-year investigation has led to 11 people being indicted for their alleged involvement in a drug trafficking ring in Tampa and Kissimmee. 

The suspects accused of drug trafficking have been arrested and federal prosecutors claim they brought heroin and fentanyl into the region, which caused at least one death. 

The 11 people arrested all face federal conspiracy and drug distribution charges. The penalties for these crimes range anywhere from five to possibly life in prison. 

Police have not released much more information regarding this case as they are hoping to make more arrests and indictments. 

Authorities say that heroin and fentanyl were trafficked throughout Tampa and Kissimmee. Authorities do believe that at least one overdose death resulted from the alleged drug trafficking ring and another person suffered severe bodily injuries. 

The two year investigation started in 2016 and continued through August of this year. It has been a joint investigation conducted by the Tampa Bay Police, the Hillsborough County Sheriff’s Office, the FBI, and The Department of Justice. 

Fentanyl is a dangerous opioid that has received a lot of media attention because of its highly addictive qualities with recreational use. The United States lists fentanyl as a controlled substance. This drug is commonly used by medical professionals as a pain killer for patients undergoing severe and painful medical treatments such as cancer, nerve damage, or burn wounds. Fentanyl is far more powerful than morphine and it takes just a few minutes for its effects to kick in. This is why the drug has become so popular on the street – people with chronic pain use it for quick relief, but find themselves needing more as prolonged use causes the body to become tolerant of the drug’s effects. 

The effects of fentanyl are very similar to heroin, actually. The only difference is fentanyl lacks the euphoric high that heroin offers. Fentanyl makes users feel drowsy, hazy, slows the breathing, and slows the heart rate. The effects of fentanyl begin a few minutes after taking the drug and last for about an hour. While heroin and fentanyl are similar, fentanyl usually comes in much higher doses that are about 50 times more powerful than heroin. The high potency of fentanyl is why it is labeled as being so dangerous. On the street, this drug may be mixed with heroin and users used to heroin run the risk of overdosing by ingesting a drug that is much more powerful than what they are used to. 

If you have been accused of being involved in a federal drug crime involving fentanyl or heroin, you need to enlist the help of a Drug Crimes Defense Attorney at Whittel & Melton as soon as possible. We want to help you fight the charges stacked against you, and our representation could mean that you avoid serious criminal consequences. We know how terrifying drug charges can be, which is why we will provide you with the aggressive legal defense you need. Law enforcement targets those suspected of illegally selling opioids like heroin and fentanyl, so if you have been arrested for a drug crime stemming from one of these drugs, you need to be aware that even first-time offenders face very serious legal ramifications. The stakes are very high in federal drug crimes cases, so there is no time to waste. 

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pointing-1991215_1920-300x146The City Manager of Mascotte City, which is located west of Orlando, was arrested Thursday and charged with disorderly conduct as well as felony battery following an argument with a city council member who apparently voted against renewing his contract. 

The 62-year-old was detained after police responded to a fight outside the Mascotte Civic Center after a city council meeting Wednesday evening. The arrest report claims the man was fighting with the Mayor Pro Tem and her husband, who is Mascotte City’s fire chief. 

Reports indicate that the fight erupted because the man’s three-year contract was not renewed after it ended June 17. Witness accounts state that the man was aggressive with the mayor and was poking her on the shoulder, bumping her with his chest, and swearing at her.  

The mayor’s husband apparently stepped in and helped stop the alleged feud. Police claim they had to remove the man from the building so he would not follow the couple. 

Following his arrest, the man was released from the Lake County jail a few hours later after posting a $2,500 bond.

A new acting city manager has been named.

Felony battery charges are nothing to scoff at. While these charges may seem extreme for the situation, they must be dealt with accordingly. If you are charged with the crime of battery, you need the assistance of serious litigators to help get you through the criminal process. A conviction could lead to large fines and time behind bars, as well as a permanent stain on your criminal record. If you are convicted of committing a violent felony, you could find it difficult to obtain a decent job and suitable housing in the future as you could be labeled a violent offender. 

Our Lake County Felony Battery Attorneys at Whittel & Melton don’t want one simple mistake to ruin the rest of your life. We are here to listen to your side of the story and do everything we can to achieve a positive outcome for your situation, no matter how tough the case is. 

Battery charges require an in-depth investigation. There are instances where alleged victims of violent offenses have fabricated the events for their own selfish purposes. We can conduct a further investigation into your battery charges to see if you were falsely accused. If you were falsely accused of a battery crime, we will fight aggressively to get the case against you dismissed. 

In order to prove the crime of felony battery, the State must be able to show that you intentionally or willfully struck another person against their will and that the alleged victim suffered great bodily harm. Felony battery is classified as a third-degree felony in the state of Florida and could result in five years in prison, a $5,000 fine, and other punishments. 

Just because you are accused of committing felony battery, this does not mean you are automatically guilty of this crime. There are numerous defenses to this crime, including self defense, factual disputes about the incident, the alleged victim’s accusations are entirely false, the injuries suffered by the alleged victim do not add up to great bodily harm, and the alleged fight was a mutual altercation. Our Lake County Felony Battery Defense Attorneys at Whittel & Melton can help you fight these charges so that you can get back to leading a normal life. The penalties and consequences of a conviction are very real, and we want to fight aggressively to have your charges dismissed or at least reduced to a misdemeanor. 

As former prosecutors with the State of Florida we are quite familiar with how these cases are handled. Working both sides has given us valuable insight into how to achieve a successful outcome. While we cannot guarantee results, we can formulate a powerful defense strategy on your behalf. 

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The Hillsborough County Sheriff’s Office arrested a 24-year-old man from South Carolina after he allegedly tried to kidnap WWE star Sonya Deville, also known as Daria Berenato, at her home in Lutz. 

The man is accused of stalking the 26-year-old wrestling star featured on E!’s reality show Total Divas. 

The Sheriff’s Office believes the man began plotting the abduction around eight months ago, according to reports. 

The man apparently parked his car at a nearby church around midnight and then walked to the woman’s home at Lake Park Subdivision in Lutz. 

Reports indicate that he gained access to the woman’s home by slicing te patio screen and then entering the home through the sliding glass door after waiting for three to four hours for the oman to go to bed. This set off the alarm, causing Deville to look out her window and see the man and immediately flee her property in a car. 

She called 911 and the man was still inside the home when police arrived.

Police claim the man had duct tape, mace, zip ties, and a knife, and other supplies they believe he was going to use to take Deville hostage. 

He was arrested and charged with criminal mischief, armed burglary, attempted armed kidnapping, and aggravated stalking. 

Police claim that they have evidence showing he was stalking the woman on social media for months before showing up on her property. 

He was being held without bond, according to reports. 

Kidnapping and burglary charges are very serious and require a very strong defense strategy. A conviction for these charges can result in significant prison time, substantial fines, and probation. You need to obtain legal counsel as soon as you are aware of charges against you so that you can take appropriate action and defend yourself. 

Attempted kidnapping charges are a second-degree felony in the state of Florida. After your arrest, your charges will be given to the State Attorney’s Office to review. They will conduct an investigation before filing formal charges. This is where having strong legal representation on your side can help you. In most of these cases, the State does not have the time to perform an in-depth investigation. Your criminal defense attorney can meet with them and present any evidence that contradicts the charges, which could result in lesser charges being filed. 

You need to implement a smart legal defense strategy right away in these types of cases. As former prosecutors, our Tampa Bay Criminal Defense Attorneys at Whittel & Melton understand how the State approaches these cases and what strategies they will use to try and obtain a conviction. We will use that knowledge to help with your case and formulate an approach to try and avoid a conviction and the harsh penalties that come along with it. 

We can negotiate with prosecutors to try and avoid the courtroom and reach a plea deal or advocate on your behalf at trial. Every case is unique and we cannot guarantee results. We can provide you with the legal help and support you need to implement the strongest defense strategy. 

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mail-truck-3248139_1920-300x200A postal clerk in Florida allegedly stole mail and passport applications in what federal prosecutors are calling an identity theft scheme. 

The 30-year-old Ruskin woman was arrested Monday, according to court records. Last week, a federal grand jury in Tampa charged the woman with aggravated identity theft, conspiracy to commit bank fraud, and theft of a postal key.

According to the indictment, while working at a St. Petersburg United States Postal Service the woman allegedly conspired with others in a scheme to defraud financial institutions that are federally insured. She is accused of opening mail addressed to other people and taking pictures of personal information. She apparently did this with other people’s U.S. passport applications as well, according to officials. 

The woman allegedly then sent the photographs of personal information and passport applications to other co-conspirators to be used in a bank fraud scheme, according to investigators.

The indictment further charges the woman with taking restricted postal arrow keys and then passing them off to co-conspirators. These master keys give access to open mail boxes and banks of mailboxes at various locations, such as apartment complexes.

Identity (ID) theft is committed when another person steals your personal information with the intentions of committing fraud. Identity theft is one of the most frequent crimes prosecuted in the state of Florida, and those that are charged with this type of white collar crime face very serious penalties, including years behind bars and significant fines. 

When it comes to identity theft schemes, sometimes people get wrapped up in these criminal enterprises without fully understanding what they are involved in. It is not at all uncommon for people accused of ID theft crimes to have no intentions of hurting others when they just made an honest mistake. This is where our Tampa Bay White Collar Crimes Defense Attorneys at Whittel & Melton come in. We can explain your side of the story and show that you were possibly a victim of a larger crime and taken advantage of. We can work with the prosecution to negotiate the best possible deal where you can avoid a felony conviction and time behind bars. However, if this is not possible, we are fully prepared to take your case to trial. 

Our Tampa Bay White Collar Crimes Defense Attorneys at Whittel & Melton have years of experience handling criminal cases involving identity theft and related charges. As former prosecutors, we know what defense strategies can defeat these charges and result in minimal consequences. We also know how serious the State takes these crimes and what they will do to obtain a conviction. The stakes are very high in these cases, but we can help you understand your rights and how best to proceed with your defense. It is important to understand that the government will pursue these charges aggressively and has virtually limitless resources at their disposal. This is why you need a criminal defense attorney that is equally as aggressive fighting in your corner to secure your freedom. 

We know that identity theft charges can be stressful and leave you feeling scared and uncertain of your future. That is why it is absolutely vital to the outcome of your case to secure legal representation as soon as you are accused of a white collar crime of this nature. Economic crimes can be successfully beat, but you must have a strong defense strategy. Every case is different, but we are happy to speak with you in a free consultation to discuss the details of your case. We can answer your questions openly and provide you with the honest feedback you need. 

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