Florida Criminal Attorney Blog

Published on: October 21, 2013

Volusia County Criminal Defense Lawyer :: Marathon Man Accused of Masturbating on Amtrak

by Whittel & Melton, LLC

A 33-year-old Marathon man was arrested Tuesday and charged with lewd or lascivious exhibition for allegedly masturbating in clear view of passengers on an Amtrak train.

The man is accused of exposing himself in front of a young child during the alleged incident.

The Volusia County Sheriff’s Office was called to the Amtrak station just west of DeLand Tuesday morning after the conductor apparently reported the incident to Amtrak authorities. An Amtrak agent put in a call to the Sheriff’s Office warning them that the train was due in the station in just a few minutes.

When deputies arrived at the station shortly after 9 a.m., the train had arrived and they talked to a passenger in the coach section who claims the man was masturbating in the seat next to him while he was trying to sleep. The witness alleges the man exited his seat while still exposed and walked down the aisle to the bathroom, where he passed a small child who appeared to be around 3-years-old.

According to deputies, the man said his blanket was moving back and forth because his stomach was itchy. Deputies claim the man later told them that he might have accidentally ejaculated on the bathroom floor.

The man was arrested for lewd or lascivious exhibition in the presence of a victim under the age of 16 and transported to the Volusia County Jail in Daytona Beach.

Any person convicted of lewd or lascivious exhibition faces severe consequences, including the very real possibility of being forced to register as a sexual offender or sexual predator. Registered sex offenders are required to comply with a strict set of registration laws in Florida and throughout the United States. If you are under investigation for lewd and lascivious exhibition or have already been arrested or charged with this offense in DeLand, Daytona Beach, Deltona, New Smyrna Beach, Ormond Beach or Orange City, it is best to contact a Volusia County Criminal Defense Lawyer at Whittel & Melton as soon as possible to protect your rights. As former prosecutors, we understand how the State and law enforcement officers investigate these types of cases.
To schedule a free initial consultation with us, please call us today at 866-608-5529.

Published on: October 16, 2013

Dixie, Levy & Gilchrist County Criminal Defense Lawyer :: Why You Need a Criminal Defense Lawyer in Levy, Gilchrist & Dixie County

by Whittel & Melton, LLC

If you have been arrested for or charged with a crime in Dixie, Levy or Gilchrist County, it is important to that you obtain legal representation as soon as possible. Why? Despite the severity of the charges you face, a good criminal defense lawyer can explain your rights throughout all stages of the criminal process and help you make the most informed decisions regarding your case. Most importantly, a criminal defense attorney can be the difference between a reduction of charges or dismissal and a jail or prison sentence.

At Whittel & Melton, our Dixie County Criminal Defense Lawyers have extensive experience in defending people that have been arrested and accused of every type of criminal offense. Our firm handles all types of criminal charges – from Driving While License is Suspended or Revoked and serious DUI offenses to drug crimes, violent crimes and even juvenile offenses. We stand ready to defend clients at every stage of the criminal process, beginning with the arrest. If you have been arrested in Cross City, Horseshoe Beach or the surrounding area, a Dixie County Criminal Defense Attorney at Whittel & Melton can make sure you understand the charges you are up against. Contact us today online or call 866-608-5529 to learn more about how we can assist you.

Published on: October 15, 2013

Clay & Duval County Criminal Defense Lawyer :: Middleburg Woman Accused of Offering a Detective 5K to Kill her Daughter-In-Law

by Whittel & Melton, LLC

A 70-year-old Middleburg woman has been arrested for allegedly attempting to hire an undercover detective to kill her daughter-in-law.

According to the Jacksonville Sheriff’s Office, she told the detective that he could take the expensive jewelry from her body when the job was done.

The sheriff’s office claims the woman offered the detective $5,000 to kill her daughter-in-law when she met with him at a Home Depot in Jacksonville on Wednesday.
She is accused of giving the detective $500 as the first payment as well as a photo of the woman, her address, and car description. She allegedly gave him another $1,000 when they met again on Thursday.

According to the sheriff’s office, the woman told the detective that her daughter-in-law wore expensive jewelry and could take the jewelry from her body once the job was complete. Police claim the woman told the detective that the diamonds could be removed and sold without a trace and that he could use that money towards the final payment.

The woman allegedly told the detective that she would take care of things if he could not.

The woman was placed under arrest and immediately requested an attorney after she was read her Miranda rights, the sheriff’s office said. It is unknown at this time whether or not she has secured representation.

The woman is currently being held in the Duval County Jail without bond on charges of criminal solicitation and criminal conspiracy, both first-degree felonies. She is scheduled to appear in court on Oct. 31.

Criminal charges of solicitation and conspiracy can involve a variety of different crimes and it should be noted that these offenses carry very significant penalties. If you or someone close to you has been arrested for a criminal offense in Middleburg, Orange Park, Green Cove Springs, Keystone Heights or the surrounding area, you should speak with a Clay County Criminal Defense Lawyer at Whittel & Melton as soon as possible to learn about how you can protect your rights and the possible defenses that may be available to you.

Published on: October 14, 2013

Hendry & Glades County Criminal Defense Attorney :: Two Men Accused of Sexually Assaulting Teen on Party Bus

by Whittel & Melton, LLC

A 31-year-old Hendry County man was arrested by the Lee County Sheriff’s Office on Oct. 9 on a warrant from Hendry County on charges of sexual battery. That same day, the Glades County Sheriff’s Office arrested a second man, an 18-year-old Glades County man, also, on charges of sexual battery.

The charges stemmed from allegations made by a 16-year-old girl that she was raped on a party bus by the two men. On Oct. 1, the teen came to the Hendry County Sheriff’s Office with family members to report the alleged assault.

She claims that at the end of the night, the party bus was parked at a private residence in Hendry County where passengers were permitted to enter and exit the bus freely to mingle in the yard and in the home. The 16-year-old claims that she was left alone on the bus with the two men when they forced her to have sex with them.

The Hendry County Investigators filed for and received an arrest warrant on Oct. 7 for the men on charges of sexual battery. The 31-year-old Hendry County man is currently being held in the Lee County Jail on a $100,000 bond. The 18-year-old has been released on a $100,000 bond.

A person that is accused of rape is facing some very serious penalties and should seek legal advice right away. What you should remember is that you have the right to remain silent. What does this mean to you? Essentially, this means you are not obligated to answer any of law enforcement’s questions. You also have the right to have your attorney present during any questioning, which you should always take advantage of to avoid falling victim to any unfair police tactics. Additionally, while the prosecution may offer you a deal, you do have the right to a trial to present your side of the story to the court. A Hendry County Criminal Defense Lawyer at Whittel & Melton can explain your legal options as well as the potential consequences associated with each so that you can make the most informed decision for your unique legal matter.

Published on: October 11, 2013

Lake and Citrus County Criminal Defense Lawyer :: Woman Accused of Posing as Nurse Charged with Slew of Crimes in Lake and Citrus County

by Whittel & Melton, LLC

A woman accused of pretending to be a nurse and treating patients at a Lake County home healthcare facility has been arrested and charged with running an unlicensed assisted living facility.

According to Lake County sheriff’s detectives, this is not the woman’s first run in with the law.

Before she allegedly duped a home health care facility into believing she was a licensed nurse in May, the Citrus County Sheriff’s Office arrested her in December for scheming to defraud and criminal use of personal information.

Records indicate that for the May charges, the woman was released on $2,000 bail.

Investigators claim that the woman went to the Lake County home health care facility to become an office manager in May, but during the interview she produced paperwork and documentation showing she was a licensed practical nurse.

The woman apparently made home visits to patients on several different occasions.

The woman was fired just weeks after she started her position, after an audit by the
Florida Department of Health and detective work by the Lake County Sheriff’s Office allegedly uncovered she was not licensed to practice in Florida. Moreover, detectives allege she made her own license.

She is accused of using another registered nurse’s license number for the state and placing her name on the license.

The nurse the woman is accused of impersonating works at Saint Petersburg General Hospital and shares an almost identical name with the woman.

Lake County sheriff’s investigators claim they are currently working to identify any additional patients in the community that may have been treated by the woman.

Just like doctors, attorneys, dentists, veterinarians and other professionals, anyone wishing to become nurse must first obtain a license. This is something the state of Florida requires, as well as all other states. Practicing nursing without a license is a serious crime that carries very harsh consequences, including incarceration, fines, probation and even restitution to any victims that suffered any harm.

Published on: October 10, 2013

Boca Raton lawyer receives 3-year sentence for obstruction, money laundering and witness tampering relating to Rothstein Ponzi scheme

by Whittel & Melton, LLC

Add another attorney to the collateral damage of Scott Rothstein’s $1.4 billion Ponzi scheme.

The Sun Sentinel is reporting that a Palm Beach County lawyer and former counsel to Kim Rothstein received a three-year prison sentence for plotting to help her conceal more than $1 million in jewelry she hid from federal authorities, as they seized her husband’s assets.
Charged conspiring to commit money laundering, obstruct justice and witness tampering, Rothstein’s attorney faced a maximum penalty of five years in prison.

After pleading guilty to these charges in January, the Boca Raton attorney was disbarred. His 36-month imprisonment will be followed by two years of supervised release. As part of his plea deal, the attorney agreed to forfeit $515,000 to federal authorities — including compensation he received for legal fees from Kim Rothstein, as well as four expensive pens and jeweled cuff links.

According to reports, the attorney’s lapse in judgment was a result of viewing Rothstein as a friend and not as a client. When pleading to the judge for a minimal sentence for her client, his attorney stated that “he saw this woman drowning and he tried to help her…she was losing everything in the world through no fault of her own. … He handled this horribly, and what he did was absolutely wrong.”

Published on: October 9, 2013

Collier & Lee County Criminal Defense Lawyer :: Southwest Florida Couple Arrested for Obtaining Controlled Substances by Fraud

by Whittel & Melton, LLC

A joint investigation conducted by the Florida Department of Law Enforcement Ft. Myers Regional Operations Center and the Collier County Sheriff’s Office in August resulted in the arrest of a Collier County Corrections Corporal and his wife on numerous charges of prescription drug offenses.

Agents arrested the 44-year-old Fort Myers woman on 23 counts of obtaining controlled substance by fraud and two counts of principal in the first degree for obtaining a controlled substance by fraud. Her husband, a 29-year-old Correctional Corporal for the
Collier County Sheriff’s Office was arrested on two counts of obtaining controlled substance by fraud and two counts of principal in the first degree for obtaining a controlled substance by fraud.

The investigation apparently began in January 2012 after the FDLE received information from the Collier County Sheriff’s Office that the alleged suspects were fraudulently obtaining numerous controlled substances at pharmacies in Lee and Collier counties.

Police claim that the woman fraudulently called in prescriptions and/or refills for Xanax, Vicodin and Ambien into various pharmacies for herself and her husband while she was employed at Advanced Medical Center in Naples.

The woman was booked into the Lee County Jail while her husband was booked into the Collier County Jail.

Obtaining a Controlled Substance by Fraud is a third-degree felony in Florida. Fraudulently obtaining medical prescriptions can carry very serious consequences, including multiple years in prison. In order to prove this crime, prosecutors in the state of Florida must prove that the controlled substances were obtained through misrepresentation, fraud, forgery, deception or subterfuge.

There are many ways to fraudulently obtain medical prescriptions, some of which include:

• Falsifying Prescriptions
• Altering Prescriptions
• Counterfeiting Prescriptions
• Impersonating a Doctor
• Stealing Blank Prescription Pads
• Using One Prescription to Obtain Multiple Refills
• Visiting Multiple Doctors for Medical Prescriptions, also known as “Doctor Shopping”

Published on: October 8, 2013

Seminole & Volusia County Criminal Defense Lawyer :: Sanford Middle School Teacher Arrested for Child Porn

by Whittel & Melton, LLC

A Seminole County middle school teacher was arrested at his Volusia County home last month on child pornography charges.

The 66-year-old man was arrested by the Volusia County Sheriff’s office and the Florida Department of Law Enforcement and charged with multiple counts of child pornography, which was allegedly found on his computer and cell phone.

A Special Agent who heads up FDLE’s Cyber High Tech Crimes Task Force claims the man was in possession of photos that featured young girls in lingerie.

This arrest could keep the man out of work for a while. According to reports, the Seminole County School Board has suspended the middle school teacher effective immediately. He has worked for the school board since 2003.
The FDLE is currently looking into whether or not the man had pictures of his own students too.

When teachers face sex crimes accusations, the court of public opinion often marks the individual as guilty even if there is very little evidence of any wrongdoing. Unfortunately, charges related to possession of child pornography have the ability to turn everyone against the accused, which can make it difficult to receive a fair trial.

This Sanford teacher could be in for a struggle when it comes to an impartial trial. The school board has already suspended him, and even if the charges against him are eventually dropped, he could still be fired and be forced to find a new job, which might be difficult following sex crimes allegations. While there is no indication that this man has a criminal record or that any complaints were filed against him in the past, if he is convicted of possession of child pornography he will be facing a lengthy prison sentence, be required to register as a sexual offender and deal with the ramifications of a criminal record for the rest of his life. With so much at stake, it is absolutely vital for the man to protect his right to a fair trial and contact a Seminole County Criminal Defense Attorney at Whittel & Melton right away at 866-608-5529.

Published on: October 7, 2013

Florida Criminal Defense Lawyer :: 11 Arrested for Manufacturing Synthetic Cannabis

by Whittel & Melton, LLC

In a joint effort with the state’s Division of Alcoholic Beverages and Tobacco, the Flagler County Sheriff’s Office shut down synthetic marijuana labs in St. Johns and Flagler counties last month.

The drug is commonly referred to on the street as “Spice.”

A total of 11 people were arrested on charges of sale of a controlled substance. Of the 11 arrested, 5 were charged with breaking the state’s racketeering laws. According to the Sheriff’s Office, seven of those charged were from St. Augustine, one was from Jacksonville, another was from Bunnell and one lived in Dothan, Alabama.

The seven-month investigation dubbed “Operation Bad Dreamer” ended when about 80 law enforcement officers busted 11 locations across St. Johns and Flagler Counties, allegedly seizing $70,000 and about 370 pounds of “product.”

The term drug manufacturing refers to creating drugs using alternative means other than growing. In most cases, drug manufacturing charges involve methamphetamine, LSD and most recently, synthetic marijuana, often referred to as Spice and K2. Drug cultivation is similar to drug manufacturing charges, but refers to growing, planting or harvesting drugs.

As this case shows, drug manufacturing cases often involve large-scale operations, many defendants and can cross county and even state lines. When facing charges stemming from manufacturing synthetic cannabis, Ketamine, PCP, heroin, GBL, derivatives of GHB or bath salts, you should take these seriously as a conviction could affect all aspects of your life making it difficult to apply to college, obtain a job or sustain a professional license in the future. As the laws regarding these newer synthetic and designer drugs become more defined, you can be sure that the prosecution will keep seeking harsher sentences.

Published on: October 5, 2013

Marion County Criminal Defense Lawyer :: Deputies Arrest Man Accused of Stealing Clothes from Walmart Dressed as a Woman

by Whittel & Melton, LLC

Deputies arrested a man apparently wearing lipstick and dressed as a woman after he allegedly attempted to steal clothes from a Marion County Walmart last month.

Deputies claim the man began removing tags off items and placed them into a purse that was stolen from the store.

Reports indicate that the man did try and check out from the store, but apparently only tried to buy a frozen dinner and not any merchandise. Employees reported the alleged theft.

According to the Marion County Sheriff’s Office, the man had about $800 in his wallet.

The man was arrested and booked into jail.

When you are arrested for shoplifting from a retail store, this can be an embarrassing experience. You will likely have to explain your actions to your friends and family members, which can be difficult to do. A Marion County Criminal Defense Lawyer at Whittel & Melton can help you through this difficult time and provide you with a solid defense against theft charges. We know how theft cases work, and realize that these cases often boil down to simple misunderstandings. Regardless of the details surrounding your arrest, we can mount a solid defense and seek a favorable resolution on your behalf.

Shoplifting laws in Florida are designed to protect store owners from lost merchandise. How these crimes are prosecuted varies depending on the cost of the items taken. Theft crimes are broken down into two categories: petty theft, a misdemeanor, and grand theft, a felony. If the amount of merchandise taken is $100 or less, second-degree petty theft charges will likely be filed. If the amount is between $100 and $300, this is classified as first-degree petty theft. If the amount is between $300 and $5,000, third-degree grand theft charges will be filed. A charge of this nature carries up to five years in prison. First-degree grand theft involves stealing more than $100,000 and carries consequences of up to 30 years in prison.