Florida Criminal Attorney Blog

Florida White Collar Crime Defense Lawyers Whittel & Melton :: FBI Undercover Bust Results in the Arrest of Three Former Football Players

Wed, 02 May 2012 16:34:22 -0500

Two ex-NFL football players and a former high school football star were arrested in an undercover operation set up by FBI agents Monday for allegedly cashing dozens of fraudulently obtained tax-refund checks and seeking a loan, totaling hundreds of thousands of dollars.

FBI agents apparently set up a check-cashing store “front” in Miami as a response to the escalating number of reported identity-theft crimes in South Florida and nationwide. The FBI claims the bust was designed to prevent an alleged identify-theft and tax-refund scheme.

The men arrested include: William Joseph who was drafted in the first round by the New York Giants in 2003 and last played with the Oakland Raiders in 2010, Michael Bennet who also was drafted in the first round by the Minnesota Vikings in 2001 and finished his career with the Raiders in 2011 and Louis Gachelin, a Miami Jackson High and Syracuse University defensive lineman who signed as a free agent with the New England Patriots in 2004, but failed to make the final roster.

The former football players, Joseph, 32, of Miramar, Gachelin, 31, of Miramar, and Bennett, 33, of Tampa were granted bonds Tuesday. Arraignments are apparently scheduled for May 15.

The sting operation yielded five other arrests Monday as well.

Joseph, Gachelin and those five defendants were charged with cashing a total of about $500,000
in fraudulently obtained tax-refund checks, forging signatures on the checks and unlawfully using identification documents such as a driver’s license.

As part of the undercover sting, the FBI apparently charged 35 percent to 45 percent in fees to cash their checks with the bureau’s own funds.

Bennet allegedly tried to obtain a $200,000 loan on April 18 from the check-cashing store front using a UBS financial statement falsely showing that he had $9 million in collateral for the loan. He was charged with wire fraud.

The FBI claims fraudulently obtained tax refunds are costing the government $5 billion or more.

According to the U.S. Government Accountability Office, people filing false tax returns have abused a hole in the IRS electronic filing system.

It appears that the IRS does not actually match tax returns to the W-2 income forms that employers file until several months after the filing season ends on April 15. Employers file returns at the end of February or early March, but the agency apparently does not match them up with employees’ incomes reported on 1040 forms until sometime in June.

According to the GAO, the number of identity theft-related fraud incidents on tax returns reached 248,000 in 2010, which is around five times more than in 2008.

Federal investigations into white collar or financial crimes can arise out of nowhere. In fact, these investigations can intensify quite rapidly, sometimes even before you are ever approached by investigators. It is critical to consult with a criminal defense lawyer if you have any reason to believe that you are under investigation for a financial crime. Often there are signs that can clue you into whether or not an investigation is in progress, including behavior changes in those around you, unusual questions or suspicious activities.

White collar crimes can include:

• Tax Crimes

• Fraud

• Identity Theft

• Embezzlement

• Antitrust Crimes

• Hacking

• Forgery

Financial crimes require a strong defense, and in order to be effective you must retain a trial attorney prepared to practice in state and federal court. The Florida White Collar Crime Defense Lawyers at Whittel & Melton understand how a strong defense against financial crimes is built. We know how to identify loophole’s in the prosecutor’s case and leverage them to work in your favor.

It is important to realize that when you are charged with a crime, your future depends on early representation. Unfortunately, early mistakes cannot be undone and the prosecution will use any information they can against you.

Florida Fraud Defense Lawyers Whittel & Melton :: Two Volusia Women Face Charges in Alleged Timeshare Scheme

Sat, 21 Apr 2012 09:50:52 -0500

Investigators claim more than a dozen people, possibly more, have been bilked out of thousands of dollars related to an alleged timeshare scam in Ormond Beach.

The investigation began in January after the Volusia County Sheriff’s Office was contacted by the Hillsborough County Consumer Protection Agency, which claims they had received complaints about a company selling timeshares.

People that wanted to sell their timeshares apparently sent money to the company through wire transfers. Police claim the money was picked up in Volusia County, but the alleged victims never heard anything from the company again.

A 45-year-old Ormond Beach woman was allegedly identified by police as the person who had picked up 15 of the wire transfers.

The Ormond Beach Police Department was apparently investigating the woman and combined forces with the Volusia County Sheriff’s Office to complete the investigation.

A 39-year-old Ormond Beach woman was also investigated by the two agencies for her alleged involvement in the scheme. She was arrested a month ago and accused of two counts of grand theft.

Police claim that during an interview she admitted to the fraud scheme. She allegedly told investigators she was provided with "lead sheets" that contained information about potential victims, and she would call them to offer to sell their timeshares.

The women would allegedly tell people how much money to send for nonexistent services and how to send it through a wire transfer.

The pair apparently picked up the wire transfers together. The 45-year-old woman was allegedly the one that actually had to collect the cash because the other woman was apparently banned from using Western Union.

Police believe the 39-year-old woman gave the 45-year-old woman 5 percent to 20 percent of the payment.

The 45-year-old woman was arrested this week on charges of organized scheme to defraud and five counts of grand theft.

The 39-year-old woman is now facing two counts of theft from a person 65 or older, six counts of obtaining property by fraud and four counts of grand theft in addition to the charges filed last month.

Federal and state government agencies are cracking down more than ever on timeshare fraud violators. Prosecutors tend to show little mercy on those accused of timeshare fraud, making the need for a criminal defense lawyer extremely vital. To successfully defend yourself against fraud accusations, you often need to deal with a large and complicated investigation that may have been constructed over several months or possibly years by government investigators. An effective defense is an absolute necessity when facing such a serious situation.

Courts take fraud charges quite seriously and a conviction often results in jail time and other consequences. Dealing with these charges can be overwhelming and stressful as you may not fully realize the extent of your case. Understanding the charges against you can prepare you for what to expect in court. You do have rights and options in defending your case. The Florida Fraud Defense Attorneys at Whittel & Melton can help you face your criminal charges properly, so that you can move forward with your case and your life.

South Florida Extortion Defense Lawyers Whittel & Melton :: Former TSA Officer Admits to Accepting Cash Bribe from Drug Trafficker

Tue, 17 Apr 2012 19:03:30 -0500

A 46-year-old former Transportation Security Administration officer pleaded guilty Monday to federal charges of extortion and receipt of a bribe.

According to the U.S. attorney's office, the Palm Beach Gardens resident admitted to accepting cash in exchange for allowing illegal prescription painkillers to pass through airport security without detection.

Authorities claim the man accepted cash from a trafficker to guarantee that he would not be detained by TSA as he made his way through airport security carrying oxycodone pills while en route to Connecticut. He was one of 20 people arrested last year following an investigation by a Drug Enforcement Administration task force.

The man allegedly accepted $500 from the trafficker last year on four separate occasions while employed as a TSA officer at Palm Beach International Airport in West Palm Beach, Florida.
The trafficker was apparently working with authorities.

The man is scheduled to be sentenced on July 5.

The man faces up to 20 years in prison for the extortion count and another possible 15 years on the bribe count.

Extortion is classified as a white collar crime, often penalized with automatic incarceration. A person charged with extortion is accused of acquiring money, goods, services or a desired outcome from another through the use of threats or violence. There are several offenses that are categorized under the crime of extortion, including:

• Bribery

• Ransom

• Blackmail

If a public servant receives money that is not owed to them legally, this is considered extortion. Extortion is a federal crime, and therefore taken quite seriously. A conviction for extortion can result in a number of criminal penalties, including prison time, fines, probation, parole and possibly restitution to the victim. Penalties can vary depending on the severity of the crime and the defendant’s criminal record. It is important to be aware that even the attempt to commit extortion can result in criminal charges carrying potential jail time.

As former prosecutors, the Florida Extortion Defense Lawyers at Whittel & Melton have the background needed to aggressively defend extortion charges in both state and federal court. Defending these charges often requires gathering physical evidence to establish the defendant’s true character as well as expert and witness testimony. To be able to deliver a strong defense, early preparation and a thorough investigation into the facts of the case needs to be conducted as soon as possible. Early intervention is critical when facing extortion charges.

Florida Criminal Defense Lawyers Whittel & Melton :: Judge Denies Bail for Woman Accused of Burying her Husband in Backyard Herb Garden

Thu, 12 Apr 2012 13:42:42 -0500

A judge refused to set bail Wednesday for a 64-year-old Lake Alfred woman accused of killing her 77-year-old husband and burying his body in the couple’s backyard garden.

The woman’s lawyer argued that the woman has seriously health issues that cannot be properly addressed in jail.

The woman is diagnosed with fibromyalgia — a chronic disorder that affects the muscles and causes extensive pain.

The woman apparently takes more than 20 pills a day, including pain killers.

Her attorney asked the Polk County judge to set bail for the woman because her case is “unique,” and because she voluntarily submitted to questioning in front of investigators and a grand jury.

However, the Assistant State Attorney claims the woman has not been truthful in her answers to law enforcement.

The woman was indicted Tuesday on a charge of premeditated first-degree murder.

First-degree premeditated murder is the intentional killing of another person with a deliberate plan to kill. In all homicide cases, the State typically assigns veteran law enforcement officers and prosecutors to investigate and handle these cases. Usually advanced technology is utilized when conducting homicide investigations and more money is spent by the department to perform a thorough investigation, which is why these charges require the assistance of an aggressive criminal defense lawyer to provide an applicable defense. Generally, a person charged with first-degree murder will be denied bond and will sit in jail throughout the entire duration of the legal process.

There are possible defenses to first-degree murder, including:

• Self-defense

• Excusable Homicide

• Justifiable Homicide

First-degree murder is a capital felony, meaning your life is on the line. It is imperative to begin building a zealous defense immediately as this is viewed as the most serious crime on the books in Florida. There are only two potential outcomes following a conviction for first-degree murder: the death penalty or life in prison with zero possibility of parole. Prosecutors may choose to waive the option for the death penalty, but if they do not, and a defendant is convicted, the choice is left to a jury to decide between life and death. Because of the extreme penalties attached to murder charges, it is important to start fighting the process early on.

Tampa White Collar Crimes Attorneys Whittel & Melton :: “Millionaire” Date Pleads Guilty to Bank Fraud

Tue, 10 Apr 2012 20:08:18 -0500

A 36-year-old Tampa resident that appeared on Bravo television's The Millionaire Matchmaker in 2009 claiming he was worth $400 million and operated a company with business in 36 nations plead guilty Monday in federal court to bank fraud charges.

The man apparently confessed that he received a $3 million loan in the months before his television appearance by faking he had tens of millions of dollars squirreled in two banks.

The plea came in Monday afternoon and was a shock to lawyers working the case who had apparently spent the morning selecting a jury in a trial that was anticipated to last a week.

The man entered an open plea, which means he has no deal on a sentence arranged with prosecutors. The judge scheduled his sentencing for Aug. 9.

The man’s court-appointed attorney claims the man feared losing at trial and decided against taking a risk.

The man will remain in custody until sentencing. His bail was revoked last year after prosecutors accused him of attempting to purchase two luxury vehicles while awaiting trial.

Prosecutors allege the man began pursuing the loan in 2008, telling the bank he needed the funds for his business, a company specializing in processing electronic payments on the Internet.

The man had two co-conspirators, prosecutors allege. One apparently worked at a bank and produced a fraudulent letter confirming the man had $21 million on deposit, which the man used as collateral on the $3 million loan.

Additional fraudulent documents were allegedly used to obtain the loan including bank statements and tax returns for 2006 and 2007. According to reports, the man did not file returns in those years.

The man apparently met with a bank official in the Caribbean regarding the loan in November2008. Another alleged co-conspirator impersonated a Caribbean bank representative claiming the man had $145 million on deposit there.

Also on Monday, one alleged co-conspirator pleaded guilty to bank fraud charges. He will also be sentenced in August.

A second alleged co-conspirator has apparently agreed to cooperate with authorities.

In the state of Florida, bank fraud is classified as a serious federal crime that can carry consequences of up to 30 years in state prison and fines up to $1,000,000. These cases are investigated by federal agencies that devote countless hours and resources to uncovering evidence of bank fraud and other financial crimes. In an effort to seek the maximum penalties, these same agencies will often employ federal prosecutors to try these cases in court.

Bank fraud may be committed in a number of ways. Some of these may include:

• Falsifying loan documents

• Making false statements

• Forging checks

• Wire fraud involving a bank

• Mail fraud involving a bank

• Loan Fraud

• Counterfeiting loan documents

• Forging Letters of Credit

Regardless of the specific bank fraud charges you are facing, the Florida White Collar Criminal Defense Lawyers at Whittel & Melton can help. The federal laws related to bank fraud can be confusing. If you are suspected of bank fraud, do not waste any time seeking legal counsel. These charges are serious and can deliver life-altering consequences.

Florida Credit Card Fraud Defense Attorneys Whittel & Melton :: Volunteer Firefighter Accused of Using an Agency Fuel Credit Card to Purchase Gas for Himself and Friends

Tue, 03 Apr 2012 08:36:13 -0500

A volunteer firefighter with the Columbia County Fire Department was arrested on March 7 for allegedly using an agency fuel credit card to pay for more than $7,500 worth of gas for his personal vehicle and his friends' vehicles.

The 19-year-old Lake City, Florida man was charged with grand theft and fraudulent use of a credit card.

According to the Columbia County Sheriff’s Office, 181 fraudulent transactions were made using the fuel card, which was apparently reported stolen from a fire department vehicle on March 2 after a number of charges were allegedly made on the card.

Police claim they identified the volunteer firefighter as the suspect after apparently viewing surveillance footage from gas stations.

The man was held on $21,000 bond.

Florida has very specific laws set in place to protect the public against credit card fraud. A misdemeanor or felony credit card fraud offense can be charged when someone is accused of signing, taking, forging, using, obtaining, selling or buying someone else’s credit card, debit card or account information. Simply put, knowingly using a stolen, expired, altered, counterfeited, forged or revoked credit card will likely result in theft charges. It's very important to recognize that while credit card fraud is charged as either petty or grand theft, you could also face forgery and identity theft charges. As you may or may not know, grand theft is classified in Florida as any theft totaling more than $300. It can be a third-degree felony, punishable by up to five years in prison if the total falls under $5,000, but if the theft is more than $5,000 it can be labeled a second or first-degree felony.

The Florida Credit Card Fraud Defense Attorneys at Whittel & Melton can help you understand the complex legal issues that arise following charges of grand theft and fraudulent use of a credit card. By initially investigating the circumstances involved, we can often uncover flaws and irregularities in the government’s case that may help protect your legal rights. State and federal agencies may pursue cases of credit card fraud, however usually these cases are prosecuted by the U.S. Secret Service. Many of these typed of theft-related charges require the prosecution to prove there was intent to commit fraud. For many accused of credit card fraud, this is their best chance at avoiding a conviction.

Florida Illegal Prescription Drug Attorneys Whittel & Melton :: Former San Diego Chargers Quarterback Ryan Leaf Accused of Breaking into Montana Home to Steal Drugs

Mon, 02 Apr 2012 12:12:48 -0500

Ex-NFL quarterback Ryan Leaf was arrested Friday in his hometown of Great Falls, Montana following a month-long investigation regarding accusations he broke into an acquaintances home to steal pain medications.

He was been charged with burglary, possession of a dangerous drug and theft. He is currently free on $76,000 bail and is scheduled to make his first court appearance Monday.

In 2008, Leaf was accused of burglarizing a player's home while he was a quarterbacks coach for Division II West Texas A&M. The investigation alleged he obtained nearly 1,000 pain pills from area pharmacies in an eight-month span. A plea agreement was reached leaving Leaf with 10 years’ probation.

According to reports, the prosecutor for that case plans to file a motion Monday to revoke Leaf’s probation following his Montana arrest.

The investigation apparently began when postal workers in Great Falls brought it to the police’s attention that Leaf was allegedly receiving c.o.d. packages once or twice a week worth $500 or more.

Police claim the packages were small, rattled and were sent from a Florida address apparently identified as a mailbox company. Police decided the activity was suspicious and decided to watch the man. Authorities apparently made the decision to confront the man after packages allegedly started arriving more frequently.

Leaf’s probation officer was told by police to call the man in. A search of Leaf and his truck allegedly revealed two prescription bottles in a pocket of a golf bag embroidered with the man’s initials.

Officers claim one unlabeled bottle contained 28 pills of oxycodone, which Leaf does not have a valid prescription for. Another bottle was allegedly found empty but its label indicated it was oxycodone prescribed for another person.

Police apparently interviewed the man and owner of the home Leaf is accused of breaking into, his live-in girlfriend and his housekeeper, and gathered that Leaf entered the house without permission on Thursday afternoon and took the man's prescription drugs.

Leaf is accused of entering the man’s home Thursday, surprising the housekeeper and stealing the man’s prescribed medication.

The man allegedly discovered his pills to be missing Thursday evening and called Leaf to confront him, asking him to return the pills. The man claims Leaf did not return the pills.

A search of Leaf’s home did not yield any more painkillers or any evidence that he was receiving illegal prescriptions via mail.

Leaf allegedly told police that he had been receiving medication through the mail for which he has a prescription, but he did not provide proof.

Leaf had surgery last year to remove a benign tumor from his brain stem and later underwent additional radiation treatments.

Leaf could be looking at a prison sentence of longer than the 10-year probation term, should the Texas judge revoke his probation. Due to the plea deals agreed upon regarding Leaf’s drug charges in Texas — seven counts of obtaining a controlled substance by fraud and one count of delivery of a simulated controlled substance — the judge could treat each count separately.

Some of these charges carry prison sentences up to 20 years.

If convicted of illegally possessing prescription drugs, you face a slew of consequences including expensive fines, prison time and a permanent criminal record. Unfortunately, prescription drugs are highly addictive and many people find themselves struggling with an addiction to pain killers following an injury or surgery. Once their prescription runs out, they may experience symptoms of withdrawal and resort to any means possible to feed their habit – even through illegal means.

The Florida Illegal Prescription Drug Attorneys at Whittel & Melton defend people facing prescription drug charges. In fact, we work together with medical experts and drug counselors in order to convey the addictive qualities found in prescription pills, in addition to their physiological and psychological impacts. Every case is unique and the court may take into consideration the distinct set of circumstances surrounding your case. Our attorneys will make certain the court fully understands your situation as well as the medical and psychological reasons that justify any possible abuse of prescription drugs.

Despite whether you are under investigation or have already been arrested, it is necessary to take the first step towards protecting your rights by contacting the Florida Drug Crimes Attorneys at Whittel & Melton. As with all drug cases, there are various factors that must be discussed. Prosecutors are interested in getting you to talk or admit your guilt to avoid going to trial. Many times these plea deals promise less severe consequences than if you are convicted at trial. However, plea bargains are not always in your best interest. As trial attorneys, we can evaluate your case and any evidence against you to determine the best plan of attack.

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

Sat, 31 Mar 2012 09:00:16 -0500

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.

Florida Business Fraud Defense Attorneys Whittel & Melton :: Collier County Deputy’s Wife Sentenced to Eight Years for Embezzling $250,000

Mon, 26 Mar 2012 15:41:33 -0500

A Collier County judge sentenced a 52-year-old woman and wife of a Collier County sheriff’s deputy to eight years in prison Friday for embezzling more than $250,000 from a former employer.

The woman was the office manager for a Naples company where she apparently wrote 211 fraudulent checks from the business' account between 2005 and 2009.

Her husband received 31 of those checks and claims he knew nothing about what she was doing.

The State Attorney's Office and the Collier County Sheriff's Office economic crimes bureau joint investigation did not reveal any evidence to suggest the man had any dealings with his wife’s apparent scheme.

He has not been charged with any crime.

In addition to prison time, the woman was sentenced to 22 years’ probation. She must pay back the full $256,746 that she stole from her former boss. Currently, she has not paid back anything.

The judge claims he was forced to impose the eight-year sentence, the maximum under a January plea agreement, because the woman failed to pay back enough of what is owed to the business owner.

The judge said he may reconsider reducing her prison term if her family can pay back a good portion of what is owed within the next 60 days.

Embezzlement charges often result when there appears to be a misappropriation of funds by someone who has access to the company’s money including bookkeepers, accountants, treasurers or any other employee with the ability to write checks, make withdrawals and make payments with company funds. Many people find themselves slapped with business fraud charges because of questionable financial transactions made when in a position of trust at a business. Whether intentional or unintentional, embezzlement can occur in a variety of ways:

• Writing Fraudulent Checks to Others

• Pocketing Portions of Cash Deposits

• Fraudulent Use of a Company Credit Card

• Transferring Money from a Business Account to a Personal Account

• Appropriating Business Funds for Personal Use

Embezzlement is classified as a theft crime. Commonly referred to as “employee theft” or “employee fraud,” embezzlement charges are often pursued by the federal government. Due to the federal government’s inexhaustible resources to thoroughly investigate embezzlement accusations, early intervention by a criminal defense lawyer is essential in order to avoid a criminal conviction. Although embezzlement is classified as a theft crime, it differs from other theft offenses due to the relationship of trust that exists between an employer and an employee. Because of this, employee theft is generally prosecuted quite aggressively.

The Florida Business Fraud Defense Attorneys at Whittel & Melton may be able to help you avoid the penalties and prison sentences associated with embezzlement charges by crafting together a solid defense strategy. The employer does have the option of waiving prosecution if restitution is paid early in the investigation process and if other necessary steps are conducted in a timely manner. Sometimes an out of court settlement or repayment plan can be the best resolution for all parties involved. At Whittel & Melton, we are dedicated to helping those facing embezzlement accusations or charges throughout Florida.

Clearwater Grand Theft Auto Attorneys Whittel & Melton :: Teen Accused of Stealing Dodge Charger from Dealership

Fri, 23 Mar 2012 13:22:01 -0500

A 19-year-old Largo, Florida man was charged with grand theft after allegedly stealing a 2012 Dodge Charger from a local dealership.

The man apparently entered the dealership Tuesday and test drove the vehicle. Later, police claim the man returned and stole the car from the dealership lot.

The man allegedly removed the spare key from the key ring after test driving the vehicle and returned to the lot after the dealership closed for the day.

On Wednesday, the dealership received a tip that one of its cars had been stolen. Clearwater police were contacted after a review of their inventory revealed a missing Charger.

Officers arrested the man at his home and transported him to the Pinellas County Jail. The stolen car was allegedly sitting outside his home. His bond was set at $5,000.

Florida courts tend to take grand theft charges quite seriously. In order for a grand theft charge in the state of Florida to be made, the following conditions must be met:

• Value of the stolen property exceeds $300

• The property must be taken without the owner’s knowledge or consent

• The accused must have no intent to return the stolen property

When a person steals a motor vehicle, Florida classifies this as a felony sometimes charged as grand theft or grand theft auto. The consequences associated with any grand theft charge are usually severe. In order to receive a favorable outcome, it is important to consult with a criminal defense lawyer as soon as possible.

Grand theft auto is a third-degree felony, punishable by a maximum of five years in prison. Those accused of grand theft auto charges are subject to the three strikes law in Florida. Basically, the penalties associated with every arrest become harsher with every “strike.” Because of this, it is very important to contact the Florida Grand Theft Auto Attorneys at Whittel & Melton so that we can vigorously pursue an outcome that does not end in conviction. Receiving a conviction places you at risk for maximum penalties under the three strikes law.

Orlando Attempted Homicide Defense Lawyers Whittel & Melton :: Mother Accused of Strangling 11-Month-Old Daughter

Thu, 22 Mar 2012 13:17:46 -0500

A 21-year-old mother was placed under arrest after police claim she strangled her 11-month-old daughter six times at Florida Hospital South in Orlando, Florida.

The girl was apparently unresponsive, but was saved by hospital staff.

It was not clear why the mother and daughter were at the hospital.

The woman was charged with six counts of attempted homicide and is currently being held without bond at the Orange County Jail.

This case is still in the investigation phases and the charges against the woman could change. When facing attempted homicide charges, it is essential to seek the advice and counsel of a Florida Criminal Defense Attorney. It is never in your best interest to take criminal matters into your own hands, as the legal process is not always favorable towards unrepresented defendants. The Florida Criminal Defense Lawyers at Whittel & Melton can discuss the facts of your case with you and further develop any relevant defenses or justifications to attain the best possible outcome regarding your criminal matter.

The crime of attempted murder is considered one of the most heinous crimes a person can commit against another individual. Being accused of attempted homicide can cause the public and members of the jury to view your character as unsympathetic. An experienced criminal defense attorney can gather appropriate evidence, interview witnesses, ensure you are treated justly and do whatever it takes to make sure your side of the story is heard.

While the details of this case are still unraveling, prosecutors and judges tend to view the fact that a victim survived as irrelevant. These cases are prosecuted aggressively, which is why it is so important to combat these serious charges early on with a vigorous defense strategy.
Attempted homicide charges can vary in degree, depending upon premeditation or planning and the severity of the crime. For someone to be convicted of attempted homicide, or attempted murder, the prosecution must show that the accused took action towards committing murder as well as the intent behind it. Because of this, it can be argued that attempted murder is more difficult to prosecute than murder. Regardless of how challenging it may be for the prosecution to prove, it is in your best interest to contact the Florida Criminal Defense Lawyers at Whittel & Melton immediately if you or someone you know has been charged with attempted homicide.

St. Petersburg Criminal Defense Lawyers Whittel & Melton :: Woman Accused of Attempting to Burn Down Boyfriend’s Apartment

Tue, 20 Mar 2012 17:18:27 -0500

A 49-year-old St. Petersburg woman was arrested Monday morning for allegedly attempting to torch her boyfriend’s apartment while his sister was inside.

The woman was charged with arson, possession of cocaine and possession of drug paraphernalia.

St. Petersburg police claim the woman and her boyfriend got into a domestic dispute early in the night, which prompted the woman to go over to the man’s apartment.

The man’s sister apparently saw the woman knocking on the door through the window, but did not let the woman inside.

According to reports, around 3:50 a.m. the woman allegedly hauled a grill to the front door and placed “combustible” items like a pillow, paper, wood and a floor mat on the grill outside the door and proceeded to set the items on fire.

The woman allegedly dragged a plastic garbage can filled with trash to another door at the rear entrance of the apartment and set that on fire as well.

Police were called to extinguish the fires. No one was injured in the fire, nor was the apartment seriously damaged.

Police did not say if the boyfriend was actually inside the apartment.

The woman was taken to the Pinellas County jail with bail set at $52,150.

Residential fires can start for a variety of reasons, but when law enforcement believes a fire was intentionally set, the accused can be charged with arson. To be charged with arson, no person needs to be home or present in the area. In the state of Florida, arson may be classified as a first-degree or second-degree felony, punishable by up to 15 or 30 years in prison. There are many factors that determine the level of the charge. The prior criminal record of the accused, the circumstances of the particular case and the damage done to the property can all influence charges and potential penalties.

Law enforcement agencies working at the local, state and federal levels have sophisticated methods of handling evidence in crimes scenes involving arson that allows them to identify the exact cause of the fire. At Whittel & Melton, our attorneys work with chemical and explosives experts to help those accused of arson. This knowledge can be helpful when investigating the case as well as in creating a zealous defense against the charges. Sometimes these cases can be dismissed based on one mistake by law enforcement or crime scene investigators.

Arson is classified as a violent crime, and like all violent offenses, an arson conviction carries harsh legal consequences. Arson cases are typically prosecuted quite vigorously by the State, which is why it is essential to contact a Florida Criminal Defense Attorney immediately following an arson arrest. If you are convicted of arson you could face imprisonment, restitution expenses and major fines.

Tampa – Orlando Prostitution Sting Lawyers :: Polk County Prostitution Sting Targeting Online Ads Nets 19 Arrests

Tue, 13 Mar 2012 10:21:14 -0500

Whittel & Melton, LLC 1-866-608-5LAW (5529) – Florida Sex Crime Attorneys

Detectives with the Polk County Sheriff’s Office have arrested 19 people in an undercover prostitution bust targeting online advertisements.

Undercover officials conducted the two-day sting focusing on online ads for prostitution last Thursday and Friday.

According to police, both male and female detectives posted and answered ads for sex on Backpage.com. The operation ended in the arrest of 19 people for crimes ranging from soliciting prostitution to narcotics violations.

Six of the suspects allegedly admitted to being married.

A spokesman for the Polk County Sheriff’s Office said that online escort services promoting prostitution will continue to be targeted and those who commit or derive proceeds from prostitution will be arrested.

In the past, most prostitution stings took place on the streets. With the advent of the Internet and web sites that allow individuals to advertise services, including sex, authorities have a tremendous amount of political and social pressures placed on them to curb illegal behavior, which means keeping up with today’s technology. Today, police agencies may place online advertisements equipped with a photo of a male or female offering sexual services in an effort to crack down on solicitation. In fact, law enforcement agencies often invest substantial resources into these vice squad operations.

It is not uncommon for individuals arrested in a police prostitution sting to feel entrapped. Unfortunately, an undercover sting does not always translate to police entrapment. Engaging in any kind of negotiations, especially communications over price can be interpreted by authorities as an act of solicitation. However, this does not mean that you have no viable defense available to you. The Florida Sex Crimes Lawyers at Whittel & Melton can discuss potential defense strategies with you and protect you in court.

It is important to note that the criminal justice system is a public system. Our attorneys understand that your privacy is important and will act as discreetly as possible in all matters pertaining to your case. We can address your specific needs and concerns and help you achieve the best possible outcome for your situation. In order to protect your best interests, it is vital to contact the Florida Sex Crimes Lawyers at Whittel & Melton right away.

Pinellas County Criminal Defense Attorneys Whittel & Melton :: Former Owner of Puppy found with Rubber Band Tied Around Snout Pleads Not Guilty to Animal Cruelty Charges

Fri, 09 Mar 2012 16:07:12 -0500

A 32-year-old Clearwater, Florida woman accused of tying a rubber band around the snout of a 9-month-old puppy for days pleaded not guilty in her first court appearance Monday.

The woman faces a charge of first-degree misdemeanor animal cruelty. A pretrial hearing was apparently set for March 26.

The puppy, a Yorkshire terrier/poodle mix, was taken from the woman’s home on Dec. 13 after investigators with SPCA Tampa Bay allegedly found his mouth clamped shut with a rubber band. The rubber band apparently kept the dog from eating and allegedly ripped through the skin and muscle around his muzzle. Officials claim the band tore a large hole through the top of the dog’s snout, where the continuous force ate away at weaker bones.

According to the SPCA, when an investigator pointed out the rubber band wrapped around the dog’s face, the woman apparently looked unconcerned. She allegedly told the investigator she would seek a veterinarian to treat the dog’s wounds. Officials claim the woman never sought medical treatment for the dog.

The dog has since been adopted by a Largo family.

Essentially, there are two types of animal cruelty – intentional cruelty and negligent cruelty. Intentionally inflicting cruel behavior to animals is viewed as violent and calculated animal abuse that can include torturing, beating, poisoning, mutilating, inhumanely confining or unnecessarily killing an animal. Negligent cruelty to animals is usually classified as failing to provide an animal with adequate care. This includes failing to treat a pet’s wounds or illnesses as well as not providing food, water, sanitary living conditions and suitable shelter.

The state of Florida treats animal cruelty charges as serious crimes and aggressively prosecutes these cases. Animal cruelty charges in Florida can vary from civil infractions to felonies. If convicted of an animal cruelty charge, you could be facing fines ranging from $50 to $10,000 and potentially be subjected to jail time. If the animal cruelty charge you are accused of is found to be deliberate abuse, you could face a felony conviction punishable by five years in prison.

South Florida White Collar Crime Lawyers Whittel & Melton :: 22 Accused of Stealing Money in Palm Beach Public-Fraud Sting

Thu, 08 Mar 2012 16:20:12 -0500

Authorities in Palm Beach County filed charges against 22 individuals Wednesday, alleging they stole nearly $1 million.

“Operation Leap Fraud,” apparently one of the biggest public assistance fraud roundups ever in Palm Beach County netted suspects from across Palm Beach County Jupiter to Delray Beach, and from Pahokee to West Palm Beach on charges ranging from mortgage and insurance fraud to public assistance fraud.

According to the Palm Beach County State Attorney’s Office, only 15 of those charged have been arrested at this time; seven others remained at large Wednesday evening.

Authorities claim the 22 individuals racked up $967,647.37 in fraud.

Authorities did not mention how long the operation took place, but the investigation, which included the U.S. Department of Housing and Urban Development and U.S. Department of Agriculture, apparently targeted people suspected of defrauding housing and other agencies.

At a press conference Wednesday afternoon, the State Attorney’s Office and the Sheriff’s Office said more arrests will follow and there will be no tolerance for even minor cases.

One of the men arrested in the sting, allegedly only defrauded $817.14. Authorities claim the man bilked an elderly woman out of her government-issued Electronic Benefit Transfer card, leaving her without the means to buy food.

It will definitely be interesting to see how the State Attorney’s Office will prosecute these cases. The government and insurance companies do not look fondly on those that attempt to defraud various benefits meant to assist qualifying individuals with their day-to-day needs. There are many ways to defraud the government, and the Florida White Collar Crime Lawyers at Whittel & Melton can assist those facing various fraud charges, including:

• Health Insurance Fraud

• Petty Theft & Grand Theft

• Organized Fraud

• Identity Theft

• Insurance Fraud

• Welfare Fraud

• Medicare/Medicaid Fraud

• Public Assistance Fraud

Florida public assistance fraud can be charged as a misdemeanor or felony depending on the amounts wrongfully obtained. The fraud charge can be classified as a felony if the amount of the assistance illegally gained is worth more than $200 over a 12-month period. Misdemeanor charges can be filed if the value of the assistance is less than $200. If convicted of public assistance or insurance fraud you will be required to pay back the amount of wrongfully obtained benefits and may be perpetually prohibited from receiving future benefits. You may also face jail or prison time, community service or a variety of other criminal punishments.

If you have been arrested for any public assistance fraud in Florida, it is crucial to your defense to consult with the Florida White Collar Crime Lawyers at Whittel & Melton as soon as possible. We will do everything in our power to protect your Constitutional rights. At Whittel & Melton, we can provide you with the aggressive legal representation you need for every stage of your criminal case up to and including trial.