Broward County

Published on: November 15, 2013

Broward County Criminal Defense Lawyer :: School District Reaches Agreement to Reduce Student Arrests

by Whittel & Melton, LLC

Broward County Public Schools, one of the nation’s largest school districts, has reached an agreement with law enforcement agencies and the NAACP to reduce the number of students arrested and charged with minor criminal offenses.

The agreement brings district officials together with police and the state attorney’s office to create an alternative to the zero-tolerance policies that are customary in many schools. It places principals, rather than school resource officers, in charge of deciding how to deal with students that misbehave.

The agreement is designed to cut down on what has become known as the “school-to-prison pipeline,” where students accused of minor offenses, like disrupting class or loitering, are suspended, arrested and charged with crimes.

Broward County is the nation’s seventh largest district and had the highest number of school-related arrests in Florida in the 2011-2012 school year, according to state data. Of the 1,062 arrests made, 71 percent were for misdemeanor offenses.

In Broward County, minority students have been excessively arrested, sometimes for the same offenses that their white peers received only a warning for. According to U.S. Department of Education data, more than 70 percent of students nationwide involved in school-related arrests or law enforcement referrals are black or Hispanic.

The new policy creates a different set of guidelines for district officials and school resource officers to follow when a student misbehaves. For non-violent misdemeanors like trespassing, harassment, incidents related to alcohol, possession of a misdemeanor amount of marijuana and drug paraphernalia, administrators have been instructed to attempt to resolve the issues through other methods than just arresting the student. A slew of options, like participation in a week-long counseling program, are thought of as much better ways to address and correct the student’s behavior.

Additionally, the new policy states that no student would be arrested for a first non-violent misdemeanor. However, further offenses can result in graduated levels of school-based interventions. After a fifth incident, students will be referred to law enforcement.
Felonies or serious threats will immediately be referred to police.

The policy went into effect at the beginning of the current school year. Broward County has already seen a 41 percent decline in the number of school-related arrests since the policy took effect.

The NAACP hopes the policy will serve as a model for other districts nationwide.

If your son or daughter, niece or nephew or grandchild has been charged with a crime in Broward County, you may be wondering whether you should hire an attorney. For most juvenile crimes, it is in your child’s best interests to have a criminal defense lawyer in their corner to make sure their rights are protected. The consequences for a juvenile crime can be quite harsh, potentially leaving a permanent stain on a child’s criminal record and even affecting future employment or educational opportunities. Depending on the age of your child, he or she could be charged as an adult for certain crimes.

The most common juvenile offenses include the following:

• Juvenile Drug Crimes

• Underage DUI
• Juvenile Theft Crimes
• Juvenile Sex Crimes
• Juvenile Violent Offenses
• Juvenile Alcohol Crimes

Published on: November 7, 2013

Broward County Criminal Defense Lawyer :: Broward Judge Charged with DUI

by Whittel & Melton, LLC

A veteran Broward County circuit judge has been charged with driving under the influence after her car was allegedly seen by police driving erratically and nearly hitting another vehicle in Boca Raton.

According to a Boca Raton police report, the woman was pulled over along the 2400 block of West Palmetto Park Road around 10 p.m. Tuesday.

The report alleges that police were called earlier in the evening police about the same vehicle, a white Mercedes-Benz, after someone witnessed the car driving erratically near 49 Northeast Second Street.

A Boca Raton police officer wrote in his report that he observed that the woman’s eyes were red and glassy, her speech was slow and slurred and that her face was red and flush. He also said he detected a strong odor of alcohol coming from her breath.

When the woman was asked if she knew why police stopped her, she apparently mentioned that her vehicle had been weaving.

She was placed under arrest just after 11 p.m. and reports indicate that she refused to take a breath test.

The woman was booked into jail around 1:30 a.m. and released shortly after 7 a.m. Wednesday.

Whether or not this woman’s DUI arrest will affect her role on the bench remains unclear at this time.

The Broward chief judge said there are no exact rules set forth in how to handle a judge involved in a situation like this.

The woman was first appointed to the bench in Broward County by then-Governor Jeb Bush in 2003 and has since handled a number of high-profile cases.

This case goes to show that anyone can be arrested for DUI. Everyone makes mistakes, and that includes police officers and even judges. Fortunately, if you are arrested for a first-time DUI the charge will likely be a misdemeanor, unless there are aggravating circumstances.

Published on: September 26, 2013

South Florida Criminal Defense Lawyer :: Broward County Court Bailiff Charged with Armed Kidnapping, Sexual Battery

by Whittel & Melton, LLC

A Broward County court bailiff made his first appearance in court Wednesday after being charged with armed kidnapping, two counts of sexual battery and aggravated assault with a firearm.

Details of the case involving the 62-year-old man were not discussed during the bond court hearing. However, a prosecutor did note that the charges involve a “high level of violence.”

The hearing has been postponed until Thursday so that the man’s attorney can attend.
The Broward judge asked the man if he wanted a different judge since he is a familiar face in his court. However, the man declined a different judge.

The Plantation Police Department has yet to release an official copy of the arrest report.

The man was booked into the St. Lucie County jail at 2 a.m. Tuesday. The man explained that he has children and grandchildren in Port St. Lucie in his initial court appearance.

A judge in St. Lucie County ordered the man to be held without bail, and he was transferred by bus to Broward County on Tuesday afternoon.
Sheriff’s officials claim they have opened an internal affairs investigation, but have yet to
determine the man’s job status.

The accused has been a bailiff for the Broward County Sheriff’s Office since 1999.
While the details surrounding this man’s arrest are unknown at this point, the charges he faces are quite severe. An armed kidnapping charge is classified as a first-degree felony punishable by up to life imprisonment. Sexual battery and aggravated assault with a firearm are also felony charges in Florida. Punishments for these crimes vary based on the evidence brought forth by prosecutors.

If you or someone you love is facing serious criminal charges in south Florida, it is crucial that you seek assistance from an experienced criminal defense attorney right away. A Broward County Criminal Defense Lawyer can help guide you through the legal process, clarify what your options are and piece together the strongest possible defense on your behalf.

Published on: June 12, 2013

Broward County Criminal Defense Lawyer :: Ex-Miramar Police Captain Sentenced to 4 Years for Ordering 15-Year-Old Girl to Expose Genitals

by Whittel & Melton, LLC

A 47-year-old former Miramar police captain convicted of lewd and lascivious conduct for forcing a teenage girl to strip naked in a car to prove she wasn’t having sex with her 19-year-old boyfriend was sentenced to four years in prison Friday.

A Broward Circuit Judge later set a $30,000 bond so that the ex-cop could be out of jail while his attorneys appealed his conviction. The man retired a month after his June 2012 arrest. He is ordered to remain under house arrest during his appeal, unable to get a job or leave his home. He is allowed no contact with minors, except for his own teenage stepchildren.

In addition to the prison sentence, the man has been ordered to serve five years of probation as a sex offender following his release.

The judge reprimanded the man before delivering the sentence, claiming he abused his authority as a police officer in order to gape at the exposed body of a 15-year-old girl.

A jury found the man guilty of one count of lewd and lascivious conduct last month.
The ex-police officer apparently approached the girl and her 19-year-old boyfriend as they were making out in a parked car at the Fountains of Miramar on Dykes Road on June 18, 2012. The girl and her boyfriend testified that the man told her to show her genitals and used a flashlight to gawk at her bare body. Broward jurors acquitted the man of another count that accused him of directing the girl to expose her breasts.

The man’s defense lawyers argued several key points, including that the incident took place in the middle of the afternoon, that it was never clear whether the accused was the officer involved and that the girl and her boyfriend invented the entire story to cover up their illegal relationship. The boyfriend received immunity from statutory rape charges in exchange for his testimony against the ex-officer.

Jurors sided with the couple’s account of the incident.

Family members and supporters of the former police captain gathered into the courtroom on Friday hoping the man would receive a lenient sentence. He faced a maximum of 15 years in prison.

The man’s appeal is pending.

Published on: February 18, 2013

Florida Identity Theft Attorney :: Feds Focused on Florida as a Hotbed for Tax Identity Theft

by Whittel & Melton, LLC

Investigative news reports are claiming that Florida is the new hotbed for tax identity fraud in the United States, concentrated mostly in Tampa and Miami.

According to the report, Miami has 46 times the per-capita rate of false tax refund claims than the rest of the country, and 70 times the national average in terms of dollars.

Florida’s high proportion of older residents, who may be more vulnerable to fraud, may be one reason for the high levels of fraud in the state. Victims in Florida have varied from hospital patients, to Holocaust survivors at an elderly Jewish community center, as well as active duty military serving overseas.

Published on: October 2, 2012

Former Massachusetts Chemist Accused of Tampering with Drug Evidence and Falsifying Lab Results :: Whittel & Melton

by Whittel & Melton, LLC

Police arrested a former Massachusetts chemist on Friday for allegedly lying about the true results of drug evidence that she analyzed while working at a state police lab, which has roused concern about thousands of criminal cases.

The 34-year-old was arrested in her home in Franklin, Massachusetts. She is accused of obstruction of justice and pretending to hold a master’s degree in chemistry from the University of Massachusetts.

According to reports, the former chemist apparently confessed to misconduct over the course of her nine years of employment with the Department of Public Health.
Her work with criminal evidence, including any case she may have touched from 2003 until she left in March, is currently under investigation. Massachusetts authorities claim that it’s possible that she may have touched 60,000 samples that were involved in 34,000 drug cases.

Police will be reviewing the sentences of 1,140 people currently behind bars after being convicted with evidence at least partly provided by the woman.

The woman’s former co-workers at the William A. Hinton State Laboratory in Jamaica Plain clued state police in about the woman’s alleged unreliable work.

During this time, state police were in the process of taking over a lab that had previously belonged to the Department of Public Health, which certified random drug tests for the police departments in Norfolk, Suffolk, Middlesex and Bristol counties, and Cape Cod and the nearby islands.

Police claim as they were getting ready to take over the drug laboratory, they spoke with other employees who were afraid to verify the woman’s work.

The lab was shut down by Massachusetts Gov. Deval Patrick on August 30.

Believe it or not, forensic laboratories can make mistakes that can ultimately affect defendants all over the country. Due to possible flawed lab results from the state of Massachusetts, those convicted of drug crimes in Florida could have received enhanced penalties as a direct result of a previous Massachusetts drug conviction. It is important to realize that faulty or even fabricated evidence can place innocent lives in danger of false convictions. Despite how long ago the lab test was conducted, any doubt at all must be thoroughly investigated and any evidence previously admitted at trial must be reevaluated.

Published on: June 12, 2012

U.S. Commerce Secretary Accused of Hit-And-Run in San Gabriel Valley :: Whittel & Melton

by Whittel & Melton, LLC

U.S. Commerce Secretary John Bryson was found unconscious in his Lexus after allegedly hitting two vehicles shortly after 5 p.m. Saturday in San Gabriel Valley.

An agency official confirmed Secretary Bryson suffered a seizure. He was given medication, but it is unknown what kind of treatment he received or where it was given.

The 68-year-old was cited for felony hit-and-run, but was not booked and taken to the hospital where he remained overnight.

Sources said Bryson was unaccompanied by security during the crashes because he was driving his own vehicle on personal time.

Bryson allegedly voluntarily submitted to a Breathalyzer test following the accident, but it did not detect any alcohol.

Los Angeles authorities apparently took a blood test and are awaiting the results before deciding whether or not to file charges in connection with the accidents.

Whether or not the collisions were due to a medical condition is part of the investigation, which is ongoing.

Authorities claim Bryson was driving a Lexus Saturday just after 5 p.m. when he allegedly rear-ended a Buick that was waiting for a train to pass.

Bryson apparently got out of his vehicle to talk to the three occupants inside the Buick, and then left the scene and struck the Buick a second time, authorities said. According to a police report, the occupants in the Buick followed Bryson’s car and dialed 911 for assistance.

Bryson allegedly continued driving his Lexus and crashed into a second vehicle with two people inside.

When officers arrived at the scene, they apparently found Bryson alone and unconscious behind the wheel of his vehicle.

A Commerce official said Secretary Bryson was given medication to treat the seizure.

In Florida, leaving the scene of an accident, also known as hit-and-run, is a serious criminal offense that can be charged as a felony or misdemeanor depending on the specifics of the case. This crime is charged when a person involved in an accident flees the scene without providing the other party involved with their name, address, driver’s license and registration information. Additionally, if an accident you are involved in results in the death or injury of another person, you are obligated to stop and reasonably assist any injured parties by calling for medical care. Failing to render appropriate assistance after an accident you were involved in could lead to a felony conviction of leaving the scene of an accident.

If you leave the scene of an accident that causes only property damage, you could be facing second-degree misdemeanor charges carrying consequences of up to 60 days in jail and fines up to $500. Leaving the scene of an accident with a serious injury can result in third-degree felony charges punishable by up to 5 years in prison and fines up to $5,000. A hit-and-run causing death can lead to first-degree felony charges punishable by up to 30 years in prison and $10,000 in fines. Furthermore, if you are convicted of leaving the scene of an accident your driver’s license will be suspended or revoked and your insurance premiums will increase.

If you were charged with a hit-and-run, it is essential to consult with a Florida Criminal Traffic Defense Lawyer as soon as possible to make sure your rights are protected. At Whittel & Melton, we can help you present your side of the story, so that none of your statements to law enforcement can be misinterpreted and used against you in trial. Our experienced criminal traffic offense lawyers can work towards getting your charges reduced or dismissed entirely.

Published on: March 31, 2012

South Florida Criminal Defense Lawyers Whittel & Melton :: Pompano Beach Woman Ordered not to Abuse 911 for Non-Emergency Calls

by Whittel & Melton, LLC

A 44-year-old Pompano Beach woman accused of placing 15 calls to 911 laced with racial slurs was ordered by a Broward judge Wednesday to not dial 911 for non-emergencies and to undergo a mental health evaluation.

The woman was arrested Tuesday and charged for misusing the 911 system after allegedly calling police for no apparent emergency 15 times between 4:40 and 9 p.m. Monday.
Investigators claim the woman was on their radar for calling 911 an estimated 1,000 times in recent months.

Before Tuesday’s arrest, the woman allegedly dialed 911 around 100 times on March 20.

According to the Broward Sheriff’s Office, they tracked the woman down using two cellphone numbers the woman had previously used. They asked employees at the woman’s apartment complex to call if she walked into the rental office.

After the woman stepped into the office Tuesday, police were notified and arrested her.

While non-emergency phone calls made to 911 may seem innocent, police claim these calls are actually a real problem and can serve as a distraction from true emergencies in need of immediate assistance. In fact, calling 911 for any other reason than to report an emergency situation could result in criminal penalties. Abuse of an emergency line like 911 is actually a first-degree misdemeanor punishable by up to a year in jail and a $1,000 fine.

Following an arrest for a misdemeanor in Florida, you will want to review the Florida criminal guidelines to understand the full scope of what is at stake in your particular case. The Florida Criminal Defense Lawyers at Whittel & Melton can provide you with the specific details related to a misdemeanor offense in Florida. When facing any type of criminal charges a legal team is always your best defense. A criminal defense lawyer can investigate the particular facts of your case and possibly find ways to beat your Florida misdemeanor charge.

Published on: January 3, 2012

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

by Whittel & Melton, LLC

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.

Published on: November 1, 2011

Florida Police Misconduct Criminal Defense Attorneys Whittel & Melton :: Fort Lauderdale Police Officers Alleged Misconduct Jeopardizes the Outcomes of Numerous Criminal Cases

by Whittel & Melton, LLC

Four Broward County police officers from the Fort Lauderdale Street Crimes Unit are accused of serious misconduct involving dozens of criminal charges that are supposedly now at risk of being dropped or already have been dismissed.

Two of the detectives are accused of stealing cash from drug buyers and sellers, kidnapping a man, and lying about their cases. They are expected to be criminally charged soon, according to the Palm Beach Post.

While they are listed as witnesses against 112 defendants, 86 of whom are charged with felonies, prosecutors only expect to drop the cases where the men are the main witnesses.

According to the Broward Public Defender’s Office’s, 19 suspects have been cleared of felony and misdemeanor charges that relied on the testimony of any of the four officers. The dropped criminal cases supposedly included numerous allegations of trafficking in prescription pain pills, possession of cocaine with intent to deliver, possession of firearms by felons and other lesser crimes.

Prosecutors are allegedly looking into other cases that could be affected.

The four officers have been suspended without pay since April 18. One man was supposedly cleared of any misconduct in October, but he has not been allowed to return to work.

The four officers came under scrutiny after two suspects were charged with possession of crack cocaine with intent to distribute on Aug. 24, 2010 at a hotel in Oakland Park, Florida.

Two officers allegedly signed an arrest form that said they arrested a driver and a passenger after they saw the two men drop crack cocaine on the floor of their vehicle in a hotel parking lot. The same two officers supposedly testified under oath that they handled the arrest and the other two officers showed up later. It was also noted that the two officers testified that they approached the car without their weapons drawn.

According to prosecutors, a video provided by the hotel tells another story entirely, which has supposedly diminished the officers’ credibility. The video allegedly shows that two officers approached the vehicle with their weapons drawn, the driver was in the car alone, the supposed passenger was in the hotel lobby and all four officers were at the scene from start to finish.
Charges against the two men suspected of possessing crack cocaine with the intent to distribute have supposedly been dropped.

When a law enforcement officer is accused of engaging in police misconduct to make an arrest, the facts surrounding charges must be investigated thoroughly in order to best defend the criminal case. Police misconduct such as police brutality, excessive force, or wrongful arrest is a civil rights violation that if caught, can force the prosecution to drop any criminal charges stacked against a victim of police misconduct. Because officers are well aware their careers are on the line, in many instances they will attempt to cover up their misconduct by increasing the charges against a victim.

According to the National Police Misconduct Statistics and Reporting Project, 4,861 claims of police misconduct were reported in 2010 involving 6,613 sworn law enforcement officers and 6,826 alleged victims. An estimated 11 percent of reports of police misconduct involved drugs in some way resulting in 343 officers criminally charged, convicted or sentenced as a result of misconduct involving drug laws. Last year an estimated $346,512,800 was spent on claims of police misconduct that included court costs, attorney fees and judgments and settlements.

It is important to know that Florida law recognizes police misconduct as a valid defense for certain criminal charges. It is crucial to contact the Florida Police Misconduct Lawyers at Whittel & Melton as soon as possible if you believe you were a victim of police misconduct so that you we can uncover any evidence of police wrongdoings before it is destroyed. We can educate you and your loved ones on what steps to take next, including filing a complaint against the officer and possibly pursuing a civil rights lawsuit for financial compensation.