Broward County

Published on: April 13, 2011

Florida Drug Trafficking Criminal Defense Attorney :: Broward County Sherriff’s Sergeant Charged with Prescription Drug Fraud

by Whittel & Melton, LLC

A 42-year-old BSO sergeant and his wife have been charged with oxycodone trafficking and prescription fraud. Authorities said the sergeant allegedly filled more than 30 prescriptions for oxycodone, OxyContin and hydrocodone between April 2009 and December 2010. His wife allegedly purchased pain-killers more than 30 times between April 2009 and February 2011.

Five doctors have been involved in this case; police said one destroyed his medical records and one is deceased. The other three supposedly had no clue other doctors were prescribing pain pills to the couple.

The Fort Lauderdale sergeant has been suspended with pay as the investigation ensues. He has been with the BSO since 1989.

According to the Associated Press, Florida is the nation’s epicenter of drug abuse because of its lack of prescription drug database.

Oxycodone, also known by its trade name OxyContin, is an opiate doctors prescribe to patients for pain involving a severe injury or for post-surgery recovery. Oxycodone trafficking has been labeled the most serious drug trafficking offense in the state of Florida because of the extreme penalties attached to a conviction. For just a handful of pills, 4 to 14 grams of oxycodone, carries a minimum prison sentence of three years and a $50,000 fine. The possession of 14 to 28 grams of oxycodone carries a minimum of 15 years in prison and a $100,000 fine. If the amount is greater than 28 grams, approximately 75 pills, the minimum sentence a judge can impose is 25 years in prison and a mandatory $500,000 fine.

Oxycodone trafficking carries a maximum penalty of 30 years behind bars. All trafficking offenses are measured by the weight of the drugs. If the weight of the pills is greater than four grams, the charge increases from possession to trafficking.

Published on: August 25, 2010

World Champion Pitcher Clemens Charged With Perjury From Testimony Sans Subpoena…What a Loser!

by Whittel & Melton, LLC

Like we needed more bad news about our sports heroes. This week, reports circulated that legendary hard thrower (and apparently hard-headed) Roger Clemens has been charged with Perjury for his 2008 congressional testimony. TESTIMONY HE GAVE WITHOUT BEING SUBPOENAED TO TESTIFY.

Florida Criminal Defense Attorneys work very hard with their clients to manage the dialogue of a legal matter, mostly so that we can prepare a strategy based on known issues, allegations, facts, admissions, etc. However, sometimes we have clients who insist, demand and scream to talk to anyone and everyone. And when those clients want to discuss things that may be considered an admission of wrongdoing or worse, a lie, as thier attorney, you try and protect them by doing everything in your power to stop them from talking–ESPECIALLY under oath.

Nevertheless, the former bulletproof superstar Roger Clemens, while under no legal obligations, strolled into the United States Congress and UNDER OATH and knowingly provided alleged false testimony about performance enhancing drugs in MLB. This could be one of the most stupid and avoidable legal tragedies I have ever heard.

While perjury can be tough to prove legally, the public has no sympathy for alleged cheaters like Clemens, to the point that a jury could convict him for his drug use rather than the actual charge of perjury.

Published on: September 7, 2009

Show me the money: Promise of stimulus checks lure criminals to arrest

by Whittel & Melton, LLC

According to reports, 76 Florida criminal suspects responded to a mailing promising “South Florida Stimulus Coalition” funds, but instead of receiving money, they were lured to their arrest. Using the name of the fictitious coalition, Fort Lauderdale police mailed letters asking targeted criminal suspects and those with outstanding arrest warrants to call an undercover phone line and make appointments to claim money they were entitled to. When they showed up at an auditorium and presented their identification, they were led to an area where uniformed police were waiting to arrest them.

The suspects had open warrants for their arrest. Called “Operation Show Me the Money” the police department rounded up people wanted on charges ranging from second-degree murder, gun and drug charges to failure to pay child support.

Police said such roundups are safer and more efficient than serving warrants at people’s homes because the environment where the arrest takes place are more controlled and pose less safety issues.

Published on: October 16, 2008

Hundreds of DUIs may be dismissed as a result of DUI Tester not following protocol

by Whittel & Melton, LLC

DUI arrests in South Florida are under suspicion as a result of allegations that an Inspector at the Florida Department of Law Enforcement (FDLE), the government agency that oversees the maintenance of Breathalyzer machines, failed to follow protocol when testing faulty machines.
Defense attorneys say it is a scandal that raises questions about thousands of DUI cases in Monroe, Broward and Miami Dade counties, and they are right. According to CBS 4 in Miami, the Breath Test operator, Suzanne Veiga, encouraged police agencies to abort tests on Intoxilyzer 8000 machines that were giving questionable results, would unplug the machine if the inspection was failing, and then plug the machine back in to prevent the machines from reporting the malfunctions to Tallahassee.
The Intoxilyzer 8000 is the only breath test machine approved for use in Florida and there are more than 300 in use statewide.

The whole purpose of the breath testing protocol is to insure that the Intoxilyzers are working correctly and rendering accurate Breath Alcohol Content (BAC) levels. By keeping malfunctioning machines in police stations, this FDLE inspector has jeopardized the prosecution of thousands of DUI defendants, not to mention potentially causing the arrest of innocent people for drunk driving. My guess is that many of these DUI cases will be broken down to Reckless Driving charges or dismissed outright- it will be too hard for State Attorneys to overcome the presumption that the “faulty” Instruments involved in those arrests rendered invalid results, since they were never properly tested by Veiga.

Published on: August 11, 2008

Former Yankee Leyritz’ DUI Manslaughter Videotape Released

by Whittel & Melton, LLC

In late December, former Yankee Jim Leyritz was involved in a car crash that left a 30-year old woman dead. Following the crash, Florida law enforcement conducted a DUI investigation and Jim Leyritz was subsequently arrested for DUI Manslaughter.

DUI Manslaughter is a serious criminal traffic charge that can land an individual in Florida State Prison for upwards of 15 years, with a mandatory minimum of three years if convicted. If taken to trial, a Florida jury may ultimately get to see the videotape of his arrest. The video can be watched here, however, I was not overwhelmed with the video as a means to show that Mr. Leyritz was impaired. This video may prove to be a great cross-examination source for Leyritz’ defense team.

Specifically, when watching the tape, I was struck by how composed and smooth Leyritz’ performed the physical sobriety tests. While the media seemed interested in the fact that he showed no emotion when learning of the death of the other driver — we should remember he will be tried for Driving Under the Influence. Leyritz’s reaction to causing a death is only remotely relevant to show an admission of some sort, not that he responded the way he did to that information. I suspect the judge may entertain a motion to redact that portion of the tape as it really does nothing to show impairment and could only taint the jury.