Tampa Bay Criminal Defense Lawyer Blog

December 5, 2014

Sarasota teen sets up high school prostitution ring

Didn’t Tom Cruise star in an 80’s movie with this same plot? Per USA Today two Florida teens were arrested for their part in a local “Risky Business” prostitution ring in Sarasota…

Venice, Florida police made two arrests, a 17-year-old girl and a 15-year-old boy, who are considered the “leaders” of a prostitution ring which involved three Sarasota high schools.

Per the police, the crime started in August when the two students formed the criminal enterprise. They used fellow students, all female in a scheme that involved multiple high schools and cities.

The two teens have been charged with human trafficking. Why did they do it? “The motive behind it: money and alcohol. Trading money and alcohol for sex,” says a police spokesman.

Police began their investigation in the fall after several students tipped off the school resource officer to the prostitution ring.

The police, using a search warrant, got on the Sarasota student’s facebook account and found a rudimentary business plan. Their were prices set up for various acts along with set rules. For instance, their was an agreement that the prostitutes got 40 percent!

The facebook account also showed the partners writing to themselves, often showing no regard for the young girls they were prostituting. “Why pimp out old hoes when I have fresh young hoes I can give up for money?” the female Sarasota High student wrote in a Facebook exchange to her business partner. She continued, “As long as I’m getting paid I’m trafficking all these (expletive deleted).”

The students used facebook accounts to set up meetings with the “Johns”. This led police to 21-year-old John Mosher. Mosher (pictured), was charged with sexual battery on a victim older then 12. The police claim he paid a 15 year-old $40 and a bottle of alcohol for sex.

During police interviews, students admitted that at least three prostitution deals got done by using facebook and snap chat accounts. School administrators were not commenting other then saying no sex acts took place on school property.
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November 24, 2014

Sealing or expunging your record

by Blake & Dorsten, P.A.

People make mistakes, and sometimes we make mistakes that have consequences we are not able to comprehend or appreciate at the time frame. It does not matter if it was a minor drug crime or theft. However, the mistakes we made years ago should not continue to haunt us in the future. In addition, having a conviction record or an arrest as part of your history can make it difficult to obtain grants for schooling, it can hinder a number of employment opportunities, it might make it difficult to find housing, and it has a wide variety of other drawbacks.

Yet even those with a checkered past will be happy to note that there is a legal procedure that can help you get your records expunged. Even though this may not work for all criminal records, it is possible to expunge certain felony and misdemeanor charges from your record.

The benefits of getting your records expunged

November 19, 2014

Seeking Justice after Being Injured on the Road

by Blake & Dorsten, P.A.

In 2012, there were over 10,600 road-related deaths in the US for every 100,000 of the population. This meant that there were 33,561 deaths in total and 2.36 million injuries linked to the road. In fact, it’s said that there is a road accident every 14 seconds on average in the US. The most common reasons for road crashes include alcohol, (driving under the influence), speeding and using cell phones while driving.

Reasons for Accidents and Fatalities

While many people are injured or killed as a result of their own actions, many people die or are injured on the road due to no fault of their own. If you are the victim of an accident due to someone else being reckless and not taking enough care and attention while driving you maybe be able to make a claim against them to get the compensation you deserve for the injuries you have sustained. Personal Injury lawyers like us here at Blake & Dorsten P.A from Florida and Thomson Snell and Passmore from Kent in the UK specialise in automobile accidents and can both help you if you need to make personal injury claims.

November 13, 2014

Hazing or murder? Florida man guilty of manslaughter

by Blake & Dorsten, P.A.

From an Orlando news station, a former Florida A & M bandmember has been convicted of manslaughter for his actions in the hazing death of another man.

Former FAMU percussionist Dante Martin was found guilty of manslaughter and multiple counts of hazing in what the prosecutor is saying sends a powerful message.

“I hope this scares people enough to stop it and to realize it’s not tworth it and to just find better ways to show you belong than hitting people …or endangering their lives” he said outside the courtroom.

After the verdict of “guilty”, Martin, who faces up to 22 years in prison and will be sentenced January 9, showed no emotion. Their were audible gasps in the courtroom including from the victim’s parents.

Martin’s criminal defense lawyers made no statement but said they planned to appeal on behalf of their now 27-year-old client. He was made out to be the ringleader of the band group that performed the deadly hazing ritual aboard the team bus in Orlando.

The trial consisted of three days of testimony, four hours of arguements from the state and defense and ended in a guilty verdict after a mere two hours of deliberations.

The Florida A&M band was well known throughout the state and has performed at Super Bowls, Grammys and presidential inaugurations. The death of one of their own had riled the band, including their tradition of hazing new members.

The victim, a FAMU student for seven years, volunteered to be hazed in a particular ritual known as “crossing bus C” on November 19, 2011.

This particular ritual consisted of him crossing the front to the back of the bus while being pummeled by fellow band members. He was allegedly hit more then 100 times by fists and drumsticks.

The vicitm cooapsed soon after the ritual, which followed the Florida Classic game between FAMU and Bethune-Cookman University. At the trial, the jury heard the cause of death: hemorrhagic shock as a result of the beating.

The defense tried to claim that this was not hazing, rather it was a character competition that had been in place for generations. The jury clearly did not agree.

Martin, who did not testify on his behalf, was also convicted of two misdemeanor counts of hazing two other students, both of whom were not injured.

10 other band members have previously received community control and probation sentences for their participation in the hazing. Three other students are currently awaiting trial and one man received a year in jail.

The school itself has not escaped blame. FAMU is being sued for wrongful death with the plaintiffs saying this “culture of hazing” has been encouraged for decades.
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November 6, 2014

What next for marijuana in the Tampa Bay area?

by Blake & Dorsten, P.A.

This past Tuesday, America went to the polls. In Pinellas County and throughout Florida, amendment two was on the ballot. This allowed for the legalization of medical marijuana. Supporters claimed it was compassionate and the right thing to do. Opponents said it was full of loopholes and was a backdoor to legalization. As it was a constitutional amendment it needed 60% support to pass. It fell short at just over 57%.

While the TampaBay Times did not support this amendment, it did a series of articles showing both positive and negative aspects of marijuana legalization. While we wait for 2016 and perhaps another try, individual human stories often don’t get told.

For Pasco jail inmate Amanda Gould, it was another day, another violation of probation. She had already spent 60 days in jail for her VOP. She felt confident that the judge would release her.

Two months prior, Ms. Gould had violated her DUI probation for failing a drug screen by smoking marijuana.

On her court date, the probation officer recommended she continue on probation. The judge examined her medical records and disagreed. He saw her extensive drug history (both prescription and non-prescription) and thought her staying on probation was a waste of time and taxpayer money.

Her criminal defense lawyer disagreed. He claimed that she was chronically ill and all her drug use was related to her sickness. The lawyer even argued that her marijuana use was part of her self medication. Her attorney further argued that she would be a prime candidate for medical marijuana.

The judge disagreed and was looking at sending her to prison (confinement for over a year).

Doctors have diagnosed 36-year-old Ms.Gould with fibromyalgia, rheumatoid arthritis, Lyme disease, Sjogren’s syndrome and two dozen more illnesses. She has been prescribed oxycodone and other addictive drugs. These prescriptions caused her to throw up and changed her personality. When she found marijuana, she noticed no side effects.

She was doing fine until she picked up a driving under the influence charge six years ago. She was pulled over, found to be drinking and had a zanax pill in her pocket. She was charged with DUI, possession of marijuana, possession of a controlled substance and introduction of contraband into a detention facility (a third-degree felony).

Due in part to her medications and her illnesses, she was not found competent to stand trial until 2013. She accepted a plea bargain of two year’s probation, and 50 community service hours for the DUI and marijuana possession.

Her health continued to deteriorate. She was now on more medications and often confined to a wheelchair. Due to her drug screens, she was no longer allowed to smoke marijuana.

One night, she felt extra sick and smoked a joint. Her drug tests came up positive and her probation was violated. For most probation violations in Pinellas, your bond is revoked and you sit in jail until your court date.

Ms. Gould was not an exception, sitting in jail all this time. She tried to stay positive and was happy that jail made her kick her prescription drug addiction. She also started thinking of moving to Colorado, where marijuana is legal.

A few days after this article was first published, the court heard her case and decided to keep her on probation. The judge gave her one year of drug offender probation with the condition of NO prescription drugs or marijuana.

LEGAL ANALYSIS

While everything appeared to have worked out for Ms. Gould in this particular case, she was very fortunate. There is no marijuana legalization coming until at least 2016.

Possession of marijuana, found under Florida statute 893.13, is a first-degree misdemeanor. This means that she can be sent to jail or put on probation for up to 12 months.

Prescription pill offenses, found under the same Florida statute number, are considered third-degree felonies. Those pills, if no prescription, are considered the same as cocaine or heroin under Florida law.

A third-degree felony is punishable by up to five years prison or probation in Florida.
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October 30, 2014

Halloween party-goer arrested for DUI twice in three hours

by Blake & Dorsten, P.A.

From the smokinggun website, it looks like this zombie should have had more bra-ains and less sho-ts…

26-year-old Catherine Butler donned her make-up and prepared to have a great time at a halloween party. A few hours later, the sloshed zombie was facing two DUI charges that took place a few hours apart!

Ms. Butler was first arrested around 2 a.m. after police noticed that she did not have headlights on while driving. After giving her a traffic citation, they performed a DUI investigation where it was determined that she was under the influence of alcohol. She was arrested and taken to jail.

The police made a mistake when they released her to a friend. A few hours later, at 5 a.m., she was again pulled over for swerving on the road. Another DUI investigation led to another driving under the influence charge for the unlucky party girl.

LEGAL ANALYSIS
In Florida, a first time DUI is a first degree misdemeanor. Even though she received two DUIs, her criminal defense lawyer should be able to plea them concurrently to avoid extra penalties. Unfortunately, the DMV will most likely treat it as her second DUI and she may receive a longer driving suspension.

Typical punishment for her DUI(s) will most likely consist of a large fine, probation, a suspended driver’s license, alcohol evaluation and treatment if needed, community service, no drinking (obviously) and she will not be allowed in bars.
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October 23, 2014

Impaired driver hit cop car, had a gun

by Blake & Dorsten, P.A.

Mark this under things NOT to do if you are trying to avoid police attention…

43-year-old Tina Wishnevski faces multiple criminal counts after hitting a police car whil intoxicated. Duting their investigation, police found a loaded handgun and ammunition in her car. Ms. Wishnevski is not allowed to own a firearm.

The suspect was arrested and charged with DUI, multiple traffic infractions, firearm charges, and resisting an officer without violence. As of this writing she has not been charged with battery on a law enforcement officer despite the fact that she hit a patrol car with the policeman inside.

The police were called to Ms. Wishnevski’s seperated husband’s house after midnight because he was complaining that she was outside his home. He told police that she was breaking his windows and was brandishing a gun! Her two sons and her ex-husband were alone in the house at this time.

When she heard police, she got in her car and fled. She hit a patrol car and lead police on a brief chase. As an officer came up to her car, she made such a fuss that he had to hold her at gunpoint until backup arrived.

When questioned by the police, her story was not helpful. She claimed that her ex-husband had called her to come. When she arrived, he was the one with the firearm and he began to beat her. She was unable to tell the police how she came into ownership of the gun however, nor could she explain why she was driving drunk and hitting the police.

At the time of this writing, it was unknown if she had posted bail nor what type of criminal sentencing she was facing.
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October 16, 2014

Dallas Cowboy running back arrested for shoplifting

by Blake & Dorsten, P.A.

From a local CBS news affiliate, a NFL running back was arrested for shoplifting under $500 in small items in a department store.

Running back Joseph Randle was arrested by store security in a Dallas store for the theft of underwear and cologne.

“The items that were stolen were underwear and cologne,” Lt. Jason Jenkins told a radio station. This seemed to be confirmed by online gossip site TMZ which reported that the Cowboy had allegedly stolen Gucci cologne, as well as a pair of Polo underwear. At least this shoplifter is a classy sort.

A local sports station confirmed that the NFL player cooperated and did not attempt to run. He was booked into the Frisco City Detention Center and released early the next morning on bail.

Ironically, this man can definitely afford underwear and cologne. The reserve running back is making just under $500,000 this year and is signed to a four-year, $2.35 million dollar contract! He just had his best game of the year, rushing for over 50 yards on just 5 carries. As far as any discipline coming from his team or the NFL, at the time of this writing there has been no word.

LEGAL ANALYSIS

Unlike Texas, in Florida there are only two types of misdemeanors and three types of felony charges for theft. Theft charges can be found under Florida Statute 812.014.

Depending on the value of the items stolen and/or any prior theft convictions for Mr. Randle in Florida this case could be charged as a misdemeanor or a felony. If this was his first theft offense and the items were worth under $300 (as seems likely), this would be a mere misdemeanor. If the items were worth over $300 or he has prior theft convictions, it is possible that the shoplifting would be elevated to a third-degree felony. That is punishable by up to five years prison!

If Mr. Randle has no priors, he would seem to be a prime candidate for a Florida pre-trial intervention program (“PTI”). This would consist of a series of things he would have to do (such as community service and a shoplifter’s awareness class) that if succesfull, his charges would be dismissed.

As for now, it will be interesting to see what decision he makes and how it affects his professional future.
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October 8, 2014

Pinellas County Sheriff’s Office sets up DUI checkpoint, 8 nabbed

by Blake & Dorsten, P.A.

From the TampaBay Times, a DUI checkpoint in Kenneth City last weekend nabbed multiple arrests. While we have previously discussed some irregularities that can take place with Florida DUI checkpoints, this one seemed less about controversy, nabbing eight arrests.

Before bad weather struck early Saturday morning, Pinellas CountySheriff deputies managed eight arrests at their DUI checkpoint.

Starting at 10 p.m. Friday and lasting until 2:45 a.m. Saturday near the Kmart at 66th street in Kenneth City, the checkpoint over 25% of the cars passing through.

Per Sheriff’s records, out of 774 vehicles, 216 were pulled over for additional scrutiny by the police.

The eight arrests resulted in multiple charges such as traffic infractions, a no valid driver’s license, a DWLSR, two counts of cocaine possession, a possession of marijuana and a possession of alcohol by persons under 21.
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October 1, 2014

80-year-old Florida man beaten in a diner

by Blake & Dorsten, P.A.

As first reported in the smoking gun website, an octogenarian was beaten inside a “family” chain restaurant after asking the defendant to stop cursing…

An 80-year-old man was the victim of a battery on an elderly charge after he was repeatedly punched and thrown to the ground by the suspect. The reason? The elderly man asked the suspect to stop cursing!

26-year-old Mikie Sawyer was arrested for battery disorderly intoxication and obstruction for his actions in an Applebees last week.

The victim, Harry Sander, told police he was at the neighborhood bar when he heard the drunk victim repeatedly scream and curse. Sawyer was dropping F-bombs and using slang terms for the female anatomy. Harry approached the defendant and politely asked him to lower his voice per the police report.

The defendant refused, words were exchanged and after a no doubt fascinating conversation of the victim’s homeland and customs elsewhere in the world compared to America, the defendant brutally punched the elderly man in the face. Harry was then thrown to the floor and blacked out. He was treated by paramedics at the scene.

There appears to be plenty of evidence in this case. Per the police report, the victim’s face and cheek were bruised and discolored as was the defendant’s knuckles. There were also multiple eye witnesses to this battery.

After the fight, the defendant left the restaurant with two friends. A manager followed them outside to write down the license plate number. The defendant reacted by charging the employee and threatening to beat him up as well.

The defendant was arrested following a traffic stop. He was arrested and as of this writing there has been no court dates for him.
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