Tampa Bay Criminal Defense Lawyer Blog

February 19, 2014

St. Pete man in trouble for facebook threats against police

From the BayNews9 website, a local Saint Petersburg man finds himself in hot water after posting a threat to local police online…

Here is how not to do it: 35-year-old Bruce Santee of Saint Petersburg was arrested and charged with a felony after offering $100 to anyone who killed the police officer who pulled his ride over on a traffic stop. Local police were not amused…

It started over a simple traffic ticket. Santee was a passenger in a car that was pulled over by a Pinellas Park police officer when the driver failed to yield. Instead of just watching the driver pay the ticket or hiring an attorney to fight it, the defendant had other plans.

Arriving home late Monday night, Santee instead sounded off on Facebook. In the late night post Santee proceeded to name the officer by name, threatening him and offering $100 to anyone who would kill him.

Police responded with a late night arrest, charging him with a violation of 836.10– written threat to kill/do bodily harm. While at first glance the allegations seemed laughable, the charge is nothing if not serious. The crime, a second-degree felony, is punishable by up to 15 years in prison and an automatic conviction. At least in Pinellas county, Santee appears to have no prior criminal record. To potentially be a convicted felon after what at first glance appears to be blowing off steam (in a perhaps foolish manner) would be a tough pill for him to swallow.

LEGAL OPTIONS
Are there potential options for first time offenders? Is it possible to avoid a conviction and perhaps get the case dismissed? With early intervention and the help of a criminal defense lawyer, there may be several option to help first time offenders! Options may include, but are not limited to: pre-trial intervention (PTI), a negotiated plea with the state,and a departure hearing (if otherwise qualified) among others.
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February 13, 2014

Driver Texting Leads to a Murder Charge?

by Blake & Dorsten, P.A.

From the Insurance Journal, a North Carolina woman has the unusual distinction of being charged with murder for a texting and driving accident that killed an elderly woman.

45-year-old Belinda Strange Hudspeth was arrested las tweek after Highway Patrol troopers claim Ms. Hudspeth was texting while driving and ran off the road striking 75-year-old Lavon Ramsey. Ms. Ramsey later died at a local hospital.

Now Ms. Hudspeth sits in a local jail, charged with multiple offenses including second-degree murder, driving under the influence, texting while driving, careless and reckless driving, and driving with a suspended license.

Per police reports, the suspect was traveling east on Perfection Avenue in an SUV on noon last Saturday when the vehicle ran off the right side of the road. The vehicle struck several objects including a fence, garbage cans and a mailbox. The vehicle then hit Lavon Ramsey, who was on the lawn at a residence on that block when she was hit. It looked like the victim was walking to her neighbors when tragedy struck.

LEGAL ANALYSIS

In Florida these charges may well be different then they are in North Carolina. If this took place in the Sunshine State, the suspect would most likely still be charged with the DUI, careless driving, reckless driving and DWLSR.

However, a good Pinellas DUI attorney may be able to avoid the second degree murder charge. In Florida this would most likely be a DUI manslaughter, vehicular homicide or manslaughter charge instead.
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February 6, 2014

Man claims he is an owl to avoid a DUI

by Blake & Dorsten, P.A.

I am sure that this worked. A Massachusetts man did not give a hoot about logic after he led police on a long chase…

37-year-old Troy Prockett was arrested and charged with multiple offenses this week including felony DUI, resisting arrest, leaving the scene of an accident with property damages and numerous traffic citations. How he got there made for an interesting story…

Per the police report, a state trooper was driving on I-290 in the evening when he saw a car, driven by Prockett, spinning out of control between travel lanes. The car eventually spun out of control, crashing into a snowbank and coming to rest between the first and second lane of traffic.

The state trooper testified that three other vehicles had to swerve out of the way of the suspect to avoid being hit. The trooper responded by turning on his lights and siren.

The suspect, now driving a heavily damaged car, proceeded to pull out of the road into oncoming traffic and drove almost a mile in the breakdown lane…with the trooper in hot pursuit.

The car eventually did stop but only so the suspect could jump out of the driver’s seat and run off into the woods. The defendant was not a master criminal as the trooper found his wallet still in the car and started tracking him thorugh the snow by following his footprints.

With the help of a K9 unit, the man was found after a hour of searching in single digit temperature. The man was found in a tree and gave a very slurred defense to his fleeing and eluding.

Prockett began speaking in a slurred speech, claiming that he was an owl. He also asked officers if they caught the guy who was driving his vehicle, even as he started climbing higher up the tree. When police pointed out that there was only one set of footprints in the snow, the man changed stories and claimed that he was carried by the mysterious driver. Per the police report, the suspect then
“continued speaking about what a good guy he was and rambling on about being an owl in a tree. “He continually refused commands to climb down and instead climbed even higher, shaking the branches and saying, ‘Look it’s snowing.'”

Police on the scene received new information that the suspects daughter was riding with him during the accident. The drunken man did not calm their fears, rather he admitted having a daughter but gave false information as to where she was.

Police eventually had to call in the fire department to “rescue” the tree climber as well as cut down tree branches. Police also used a thermal imaging unit in an attempt to search for the girl, only to later learn that she was safe.

This was not Procketts’ first brush with the law. The man admitted running from the police because this was his third DUI. As of this writing, the man had made bail and was released.
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January 29, 2014

Pinellas computer sex sting nets 35 arrests

by Blake & Dorsten, P.A.

From the Tampa Bay Times, a county wide task force puts a dent in sex crimes in Clearwater with an undercover sting…

A large task force from the Pinellas County Sheriff’s Office, St. Petersburg police department, Clearwater police, the FBI and others worked for months in planning the sting. Reminiscent of the old MSNBC show “To Catch a Predator”, authorities began Pinellas County’s largest child predator sting in years.

Between last Thursday and this Monday (January 27), investigators posted adds on dozens of websites and chatrooms such as AOL, craigslist, and yahoo chatrooms. The officers posed as underage boys and girls between 13 and 15 years old as well as parents offering their children up for sex! They reported that within minutes of opening a chat, they would recive five to eight instant messages.

Eventually photos and text messages were exchanged with dozens of men. Meetings were set up in an attempt to have the men travel in what they hoped was sex with underage children. Once the meeting was arranged, the officers would contact patrolmen to make the arrest, meeting the suspects at various places in north Pinellas.

Travel they did. Suspects soon swooped in from all over the state. One man came to Clearwater from Kenneth City on a bicycle. Fathers, husbands, students. Professionals, homeless and even one man studying to be an elementary school teacher!

The officers have charged the vast majority of these men with various charges such as traveling to meet a minor, seduction of a child over the internet as well as sexual battery.

The men range in age from teenagers to 65 years old. Most are from Pinellas county, Hillsborough and Manatee with one man coming from Miami.

The arrested men had various stories. Some broke down and confessed, some denied and others had horrible stories. One man admitted to “urges” he could no longer control. One man from Tampa, who had traveled in the hopes of meeting a mother who was selling her underage daughter for sex, claimed to have previously slept with a four year old child!

Another man had left his 10 and 12 year-old daughters at home in the hopes of meeting what he thought was a 14-year-old girl for sex. His wife was called at work to pick up their daughters from home!

Pinellas Sheriff Bob Gualtieri gave a press conference Monday afternoon. He was pleased with the results but admitted that dozens more arrests might have been possible. He shared his views on those arrested. “They are predators. Nothing but predators. They really need to be eradicated from our county, I view this as the No. 1 public safety issue in Pinellas right now.”

LEGAL ANALYSIS
A Clearwater criminal defense attorney should know the possible penalties on these charges. The traveling to meet a child charge and the seduction of a minor over the internet or electronic device are third and second degree felony charges. This means they are punishable by up to five years on the third degree and 15 years prison on the second degree.

More importantly to both the suspects and society as a whole is the requirement to register as a sex predator or sex offender. These requirements are quite extensive and include registration, updating their information with the Sheriff two to four times per year and exclusion from living in many areas where there may be children. The registration requirements/frequently asked questions are found in the above link.

Lastly, a conviction on many of these charges will include being subject to a potential Jimmy Ryce hearing. This may involve an involuntary civil commitment upon release from prison for treatment in a secured facility.
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January 24, 2014

“Belieb” it! Pop star arrested for DUI in Florida

by Blake & Dorsten, P.A.

This story has broken wide open in the past 24 hours. To the chagrin of tweens everywhere, pop star Justin Bieber has been arrested in Miami on a multitude of charges. Will the defense of “he is too dreamy to be guilty” be enough?

It has been a rough few years for Justin Bieber. Perhaps desperate to change his bubble gum pop image, he has begun to act out. First there was photos of him smoking marijuana. Then a police search warrant for his house turned up cocaine. Now in his latest stunt, Justin was arrested for a DUI in Miami early this week.

The singer of “Baby” and other pop hits was clearly not using his head. He had his entourage close down a street in Miami so he and his friend could drag race a rented Ferrari and Lamborghini! The locals were not amused. Police were called and when they arrived they found a high Justin Bieber after allegedly consuming a large amount of alcohol, marijuana and prescription pills.

Per published reports, multiple cars were used to block traffic on Pine Tree Drive for the drag race. One of the people that was blocking the street was Justin’s 38-year-old father! Officers on the scene noticed signs of impairment on Justin.

Per the police report, the arresting officer said, “I immediately smelled an odor of alcohol eminating from the drivers breath and bloodshot eyes. The driver (Justin Bieber) had slow deliberate movements and a stuper look on his face. The police report can be read in full here.

The pop star did not help matters by reportedly cursing out the police and failing to follow directions. He was arrested for DUI and resisting arrest without violence. His friend and fellow drag racer was also arrested for driving under the influence.

Once at the police station, Justin was reported to be cooperative. He volunteered to undergo a drug test and a breathalyzer.

The next day his first appearance in front of the judge also went well. He was released on $2500 bond, a standard amount in this type of case.

Justin was not the only victim of his own carnage. A last minute report out of Miami mentioned that up to four police officers were suspended for escorting Bieber and his entourage to a strip club!
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January 17, 2014

Tampa Bay player Akeem Spence arrested for marijuana

by Blake & Dorsten, P.A.

We have previously blogged about college players getting arrested for a dui, then a former Bucs’ player for domestic battery. Now a current Tampa Bay player, Akeem Spence, gets his turn via an article in the Tampa Bay Times.

The rookie defensive lineman was pulled over on a traffic stop in Alabama and arrested for possession of marijuana and possession of paraphernalia.

Police pulled Akeem over for speeding over 100mph. Per reports, the rookie, who finished with over two dozen tackles and a sack, was cooperative. He was charged with a personal use amount and released on $3,000.00 bond.

When asked for comment, new Tampa Bay Bucs’ coach Lovie Smith was not pleased. He released a statement that read in part:
“We will wait to get all the facts, but the initial reports are concerning and disappointing…” “I have spoken with Akeem and expressed my dissatisfaction with his involvement in this situation. As a member of the Buccaneers, he will be held to the high standards we have set for all members of this organization.”

LEGAL ANALYSIS
Despite recent changes in certain states such as Colorado, marijuana is still very illegal in Florida. Found under Florida statute 893.13, a small amount of marijuana is a first degree misdemeanor punishable by up to one year in the county jail, probation and/or a large fine. If one is convicted of a marijuana or controlled substance charge, your driver’s license is suspended for two years! There is no license suspension for drug paraphernalia, however the rest of the potential punishment remains.
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January 10, 2014

Is the “knockout game” coming to Florida?

by Blake & Dorsten, P.A.

The “knockout game”-where one or more people commit an assault or battery against a stranger for no reason- has been all over the news. A series of random attacks in New York, Baltimore, Miami and L.A. among others, has received a large amount of media coverage. Is this a real phenomenon or is this overblown like the “summer of the shark” a few years back?

One good thing about the increased coverage means an increase in the amount of arrests. Per “the smoking gun” website, a suspect in a series of “knockout game” attacks was arrested in New York.

Is chivalry dead? It may be to one New York teen as he was arrested for his part of a vicious, unprovoked attack on an elderly woman.

Juvenile Devin Alexander was arrested for a violation of probation and a battery on an elderly charge last Wednesday. Mr. Alexander first came to light after a video was uploaded to a Facebook page. The video, which can be viewed at the above Smoking Gun link, seems to show Devin bragging to a man that he is going to smack an elderly lady as she walks out of the store. When the woman exited , the suspect proceeded to sucker punch her in the back of the head. The hit was greeted by the man filming screaming out in delight multiple times.

These “knockout game” attacks are getting increased media attention. Unlike many other assaults, there appears to be no motive such as robbery or anger at a known victim. Rather the idea is to find a defenseless man, woman or child and beat them for fun.
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January 3, 2014

Florida “Breaking Bad” winner arrested on drug manufacturing charges

by Blake & Dorsten, P.A.

From the TBO online, a case of life imitating art…

28-year-old Ryan Carroll was arrested after a Tuesday morning raid by local police in Fort Myers, Florida. After a tip from a package delivery service, police obtained a search warrant for his home and two others. After the raid, the suspect was arrested for possession of synthetic narcotics, resisting arrest without violence and operating a drug house, among other charges.

In Florida, not altogether that unusual. What makes this story interesting is that Ryan Carroll was a self-proclaimed “biggest fan” of the beloved AMC television series “Breaking Bad”. The show, about an ill high school teacher who turns to trafficking in meth to support his family, was a critical and commercial hit.

Ironically the defendant won a national contest to see the series finale alongside the cast. He also won an autographed “haz-mat” suit similar to the one worn by the lead actor. The police confiscated that in the raid along with drug manufacturing supplies.

During an interview after he won the contest, the jubliant Carroll told a local news station “”It’s just so addicting, it’s such a good show. I think it’s addicting because people can relate to the main character.”

It appears that this was not all the suspect could relate to the main character for. Perhaps inspired from the show, the defendant appears to have started a drug manufacturing business himself. Police confiscated over one million dollars worth of illegal drugs. A total of three houses were raided, each house having a specific link in the drug trade. One house was used for manufacturing, one house for storing the marijuana and the last house was used for shipping the drug throughout the United States and Mexico.

Mr. Carroll was considered the ringleader of the group. Using a cement mixer to concoct his product, he managed to build a rather large manufacturing base of operations.. Some neighbors expressed shock that drug trafficking could occur in their nice neighborhood. Other neighbors, when interviewed mentioned suspicious activities like constant UPS pick up and delivery as well as expensive cars coming to the defendant’s house at all hours of the day and night.

As of the time of this writing, Carroll and company are still in the county jail. His Florida drug defense lawyer was not available to comment.
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December 27, 2013

3 Notorious Female Serial Killers

by Blake & Dorsten, P.A.

Criminal profiling tells us that it is very unusual for women to become serial killers, but that doesn’t mean there have never been any. In fact there have been quite a few, though they have been spread a little thinner through time. If we choose to go back, we can actually discover many women who killed well into double figures. Below are some examples of the worst female serial killers, and there outrageous crimes.

Belle Gunness

It appears that Belle didn’t take too kindly to the appearance of suitors at her door, the reason we believe this to be true is that she is thought to have killed 32 of them. Perhaps if she had not murdered both of her husbands, she would not have had to have put up with the inconvenience of gentlemen coming to call. Belle is also thought to have killed several of her children meaning about 40 murders all told. The discovery of Belles murders is total irony. She was killed by a lover she had spurned who set fire to her farm in La Porte, Indiana. The investigators of the blaze discovered the bodies that had been buried at her farm. Some say the headless body that was discovered was too small to have been Belle’s, but unmarried gentlemen all over the state breathed a sigh of relief on that day in 1908.

Delfina and Maria de Jesus Gonzalez

These sisters, who ran a prostitution house in Guanajuanto, Mexico, hold the distinction of being the country’s most notorious serial killers. The police raided the brothel in 1963 after a tipoff about forced prostitution; what they discovered was the bodies of 91 people buried on the property. Apparently the sisters’ standards were very high, and many of the bodies were those of prostitutes who were killed for “failing to please the clients”. Whether the 11 men who were killed had “failed to please the owners” is not known. How their criminal defense attorney managed to keep them from the gas chamber is still unknown to this day. What is known is that these unsavory siblings were sentenced to 40 years each, and deserved every day.

Juana Barraza

Bringing us more to the current times is the case of Juana Barazza. Barraza is thought to have started killing elderly ladies in 2005, but it could have been as early as 1990. She was finally charged with 16 murders in 2008, after some confusion about her sex and size. The reason the case was so confusing for the police was they believed they were looking for a man. Barraza was actually a 200lb wrestler so the confusion can be understood. Found guilty of 11 murders, she was sentenced to 759 years in prison. Estimates put the actual total of bodies to be between 24 and 49, though she only confessed to 4 murders. The fact that her fingerprints were found at the 11 murders she was convicted of seems to have gone totally over her head.

Never assume a woman is not as capable as a man of these terrible crimes, because history shows us that they are.

Author Bio: The author of this post, Yorrick, is a freelancer by profession and currently writes for Dribbin and Brown, criminal defence solicitors. He has keen interest in psychology and is always on the lookout for interesting happenings around the globe.
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December 18, 2013

Can you seal or expunge your Florida DUI?

by Blake & Dorsten, P.A.

An article in a local Dallas newspaper leads to an interesting question: Can you seal or expunge your Florida DUI? The answer is not good news…

Who says money can’t buy happiness? It can at least buy special treatment. At least that is what critics are suggesting really occurred with the heiress to the Walmart fortune.

Alice Walker, whose father Sam Walton founded Walmart, had her 2011 DUI arrest expunged at a court hearing last week. This came after local police let the statute of limitations run on her 2011 arrest. The suspect was charged with DUI after she was unable to perform “field sobriety exercises”. The local state attorney’s office never filed charges on her. They claimed the arresting officer was suspended for misconduct and could not be located. Critics were not buying it.

The expungement hearing was considered unusual as Ms. Walker has a lengthy driving record. Besides the October 7, 2011 Driving Under the Influence arrest, she had a previous DUI conviction in 1998.

In addition, in 1989 she was driving a car when it struck and killed a pedestrian in Arkansas. Instead of a possible vehicular homicide charge, police made no arrests, instead claiming she was not at fault.

In the most recent charge, her criminal defense attorneys produced letters from two doctors claiming that she was unable to do field sobriety exercises, walk or maintain normal balance due to a previous car accident that left one leg longer then the other.

Alice, who has a net worth of around $33.5 billion, making her one of the richest people in America further raised eyebrows with some convevient charity work. The latest citation was filed just a month before the opening of a new art museum in Bentonville, which she founded!

LEGAL ANALYSIS

So if you are not rich enough to afford to donate a new art museum in Florida but happened to have a DUI charge can you expunge or seal your record? In the state of Florida there are a few counties that allow a “pre-trial intervention” or a diversion program for first time DUI defendants if they meet certain criteria. This meant the charges would be dismissed if everything was done correctly. Even with a dismissal and despite the fact that there is no statute forbidding it, there are a few Florida counties that will not seal/expunge a DUI.

Locally, a person convicted of DUI in Pinellas, Hillsborough or Pasco county is out of luck! Not only is there no diversion program available for this particular charge but all Driving Under the Influence charges come with a mandatory “Ajudication of Guilt” (conviction). As you are not allowed a sealing or expungement if you have ever had a conviction in any criminal matter, the person would be out of luck sealing their DUI charge.
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