Tampa Bay Criminal Defense Lawyer Blog

December 19, 2012

Pasco man arrested for kidnapping his wife to dinner

Like a scene out of a bad Hollywood “dark” comedy, a Pasco man was arrested for domestic assault, aggravated assault and tampering with a witness for kidnapping his wife and forcing her to go to dinner with him. per the baynews9 online article, the wife was fortunate, as this could have turned deadly…

Pasco sheriff’s detectives say a 49 year-old man invited his estranged wife over to his house, hoping to reconcile and put aside their differences. At his place, when his wife admitted that she didn’t love him anymore, her day quickly took a turn for the worse…

The man committed a battery by punching her in the head. He then picked up a tampering with a victim charge by taking her car keys and her cell phone, leaving her unable to either leave or call for help. For this lady, her nightmare was just beginning.

Detectives claim that the husband then forced his wife to sit and watch television with him at knifepoint. He then decided to try and win her back by forcing her to accompany him to the famed gourmet restaurant the Golden Corral. After dinner, he continued this romantic “date” by forcing her to accompany him to Walmart where he purchased new shoes for himself.

After the dinner and shopping excursion, the man headed back to his house, forcing his soon to be ex-wife to come back with him. Once home, he continued to force her to watch more television with him.Around that time, the woman’s father came by the house. He was suspicious as the victim did not return any of her father’s calls the past several hours. The father managed to help his daughter get out of the house and into his car.

As they were driving away, the Defendant got a rifle, pointed it at the escaping vehicle and fired a shot into the air, thereby commiting an aggravated assault. This crime, normally a third degree felony with no mandatory prison, may have a three year minimum/mandatory prison sentence attached. This would occur only if the suspect pointed the firearm directly at the wife or her father.

As of this publication, the wife is safe and resting while the Defendant is still in the Pasco County jail…
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December 14, 2012

DUI Checkpoint on U.S. 19 in Pinellas this weekend…

by Blake & Dorsten, P.A.

Working on a theme from an earlier post, there is another DUI checkpoint coming up this weekend, 12/14-12/15, just in time for the holiday season. The full article can be found here…

While there is never a good time to be drunk driving, doing so in Pinellas county this weekend just got a bit more dangerous. Local law enforcement agencies are teaming up to enforce a huge DUI/safety check on ALL southbound traffic on 34th street North (U.S. 19). This checkpoint will be enforced this Friday from 10:30 p.m. until 4:00a.m. Saturday morning.

Agencies participating in the check point include the Saint Petersburg police department, Florida Highway Patrol, the Pinellas county sheriff’s office, Belleair police, Gulfport, and the Kenneth city police department among others. This operation will take place at 1700 34th Street North (Publix parking lot).We present this information as a public service message and as a warning about possible traffic delays. We will do a followup report detailing any arrests that took place as a result of this operation.

As Pinellas DUI attorneys, we have been asked about the legalities of these checkpoints. As previously mentioned, these are legal as long as there is a set “pattern” of what cars get pulled over. For instance, picking every fourth or 10th car is legal, but pulling over every female or Asian driver is not. In this case, it appears that this may be the largest checkpoint in modern Pinellas history. EVERY car will be pulled over for almost a six hour period.

In conclusion, be aware and be a defensive driver! While drinking and driving or driving while high is always a public danger, the amount of “under the influence” arrests increases substantially around the holiday season. If you or a loved one plan on being out tonight stay vigilant and stay off US 19…
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December 6, 2012

In St. Petersburg, the Coast Guard hauls in $45 million worth of cocaine

by Blake & Dorsten, P.A.

From The Tampa Times, it looks like the street value of St. Petersburg just got higher…

St. Petersburg became a temporary home to almost 4,000 pounds of cocaine late Wednesday when the Coast Guard unloaded the captured loot. The two tons of coke were confiscated from two vessels near the Dominican Republic. Authorities estimated the value at over $45 million dollars! After the crew had unloaded the drugs, they were shipped via truck to an undisclosed location.

How did this drug bust come about? In late November, a coat guard airplane found another ship carrying over 2,000 pounds of cocaine. When the ship’s crew saw they were being watched, they dumped the cocaine overboard and escaped. The next day, a coast guard cutter came to the scene and began to locate the drug bales along with capturing ANOTHER ship that was carrying a trafficking amount of cocaine. The bales were sent to the St. Petersburg coast guard station where they were unloaded.

Is drug smuggling increasing? In the past six months, Carribean authorities and the coast guard have captured 20,000 pounds of cocaine and 7,000 pounds of marijuana for a total street value of almost 260 million!

The beat goes on…while the coast guard was unloading the cocaine in St. Pete Wednesday, another coast guard cutter captured 5,000 pounds of cocaine on Florida’s east coast. Unfortunately the crew escaped capture.As Pinellas drug defense lawyers, we have seen all sorts of drug crimes, from a simple joint to major drug house busts. What many people may not realize is that just because the drugs were sent to Pinellas county, the criminal case will most likely not occur here. Due to the fact that the drugs crossed state lines and/or international waters, this will likely be a federal criminal drug charge. In federal courts, the potential punishments are much more severe and the rules of criminal defense are different.
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November 30, 2012

Hillsborough County Sheriff’s Office targets crime in Tampa

by Blake & Dorsten, P.A.

From the Tampa Bay Times, an article about the different tactics the HCSO uses to combat crime in a neighborhood…

Thanks in part to the help of a local community watch organizer, Tampa residents in the Clair-Mel area may at last be getting some relief. Hillsborough sheriff deputies, prodded by the neighborhood watch, sprung into action a few weeks ago. The deputies arrested dozens of men and women on warrants, drug violations and other offenses.

To the community organizer it was long overdue. “A lot of folks don’t want to speak up because they’re afraid of what’s happening, of all the violence,” she said. “Am I afraid? Not enough to not stand up and say there’s a problem here.” she stated.

November 15, 2012

Former Tampa Bay Buc makes Hope Solo the newest victim of Domestic Violence

by Blake & Dorsten, P.A.

A late breaking story on ABC news, former soccer goalie and sex symbol Hope Solo was a victim of domestic violence from her boyfriend/fiance, former NFL bad boy Jerramy Stevens.

According to public sources, the former Seattle Seahawk’s tight end was arrested the day before the couples wedding on suspicion of assault. A Kirkland county Judge later released Mr. Stevens, saying their was not enough evidence to hold him. For her part, Hope Solo arrived in court but did not say a word, leaving before talking to the Judge or the press. Per the police, charges may be brought at a later time as more evidence develops.

The athletic couple, who had been dating for two months, had allegedly gotten into an arguement about whether to live in Florida or Washington.Police in the Seattle suburb arrived at the couple’s house around 3:45 a.m. on a call of a domestic disturbance.

Per the police report, there were several intoxicated people at the party and no one would cooperate with the police. The ex-NFL player was determined to be the guilty party based on circumstantial evidence and Hope Solo appeared to have a cut on her elbow, leading to the domestic assault charges. Jerramy Stevens also admitted to the police he was fighting with Ms. Solo and blood was found on his shirt. Hope Solo’s brother told police that there was a disturbance at the party started by several unknown men who left before the police arrived.

Besides Hope, another woman was taken to the hospital with a hip injury and a man had several cuts and bruises on his body.

This arrest is just the latest set back for Jerramy Stevens. The former first-round draft pick had one or two good seasons but is widly considered a bust, both on and off the field. He first received negative attention when he was charged with reckless driving for crashing into a nursing home!

He then began a whirlwind of arrests including a DUI charge in Arizona and another reckless driving.

His most recent arrest took place in 2010 while with the Tampa Bay Buccaneers. He was arrested for possession of marijuana the night before a game and was immediately kicked off the team. Continue reading

November 9, 2012

Maybe he’s crazy? Singer Cee Lo Green accused of sexual assault

by Blake & Dorsten, P.A.

Singer and “The Voice” judge Cee Lo Green has been accused of sexual assault according to TMZ.

An unamed source claims that the woman, who has been dating Cee Lo Green (real name Thomas DeCarlo Callaway) has filed a complaint with the Los Angeles police department. The LAPD has taken the allegations seriously, going to a downtown L.A. restaurant where the crime allegedly occured and interviewing several of the wait staff.

The singer has denied the allegations, calining he has not been to the restaurant in months and nothing tokk place “there or anywhere else”.

November 2, 2012

Clearwater domestic violence survivor tells her story

by Blake & Dorsten, P.A.

From the Tampa Bay Times, a courageous young woman speaks out to a high school class about the dangers of domestic violence…

Before a crowd of Countryside High school students, Melissa Dohme, 20, just a couple of years older then the kids she was talking to, gave her story. She told the students about the night her high school sweetheart tried to kill her. Ms. Duhme described how she was stabbed 32 times and had her throat slashed in detail. All the time she kept mentioning “it can happen to you“.

Her ex-boyfriend, before he was charged with attempted murder when he slashed her body, throat and face appeared to deeply care for her, taking her to the prom and texting her throughout the day. This same kindness soon became something else as Melissa described the night her ex tried to kill her.

Listening students chipped in and began to tell stories of their friends, friends who had been in violent relationships where there had been slaps and punches.

After the presentation by the now college student, a teacher gave the class a list of signs and warning signals to look out for. They learned that early signs of domestic violence include extreme jealousy and/or possessiveness, tendency to criticize family and friends, early requests for commitment and of course violent outbursts.As former prosecutors in Pinellas county, we had a stint in Division “R”, the domestic violence courtroom. We saw the pain and sadness that domestic violence can cause. We knew the frustration and confusion that victims go though in deciding whether or not to press charges. Now as St. Petersburg criminal defense lawyers, we have gotten even more education on this serious issue. According to the Florida Coalition Against Domestic Violence, there were over 113,000 domestic violence calls resulting in almost 68,000 arrests in 2010 (the last available statistic year). We have learned that the best defense to this crime is to know the warning signs to avoid being just another tragedy,

If you or a loved one need assistance know that there is help. Don’t hesitate, call these numbers!

• The Haven of RCS, (727) 442-2128
• The Florida Coalition Against Domestic Violence, 1-800-500-1119 Continue reading

October 26, 2012

Bobby Brown in more DUI trouble…

by Blake & Dorsten, P.A.

It was only a few months ago when we last wrote of Bobby Brown’s DUI case. At the time, he was saying all the right things about getting better and how this had changed him. Now according to an article in the Mercury news, it looks like the former lead singer of “New Edition” and the ex of the late Whitney Houston has gotten himself in another DUI jam…

It appears that Bobby Brown was arrested for the second time this year for a potential Driving Under the Influence charge. The singer was pulled over in Los Angeles police pulled over the singer early Wednesday morning due to his driving pattern. He showed signs of impairment (which is police talk for things such as smell of alcohol on his person or breath, bloodshot, watery eyes among other “signs”). He was then taken to jail and was released. This is sad for Mr. Brown as he had just pled no contest to a DUI in March of this year and vowed to go to a rehabilitation clinic (obviously with mixed results).In Florida, laws governing drinking and driving can be very complicated. As Pinellas DUI lawyers, we have dealt with 1000s of these cases. In this state, statute 316.193 describes the act and punishment for drinking and driving. A quick look shows that the punishments can be VERY severe. For instance, If Booby Brown received this last DUI in Florida, he would be looking at a MINIMUM mandatory of 10 days in jail and up to one year in county lock up! There would also be a hefty fine, a mandatory drivers license suspension (five years) and possible probation.

In Florida, you can also get felony charges depending on the amount of prior convictions for driving under the influence you may have. A common misconception is that driving felonies are reserved for crimes such as vehicular homicide or vehicular manslaughter. In reality, if you have three DUIs in 10 years or four (or more) overall, you are looking at a third degree felony, punishable by up to five years in prison! Something to think about before people decline a cab at the next party…
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October 19, 2012

His own worst Public Enemy…Flavor Flav gets arrested for domestic violence

by Blake & Dorsten, P.A.

From an article on the New York daily news website, the former member of the 80’s and 90’s hip hop group “Public Enemy” was arrested in Las Vegas on a charge of felony domestic battery.

The 53-year-old rapper turned “Flavor of Love” reality TV star, legal name William Drayton Jr., was booked into the Clark county jail. His domestic violence arrest stemmed from an arguement with his fiancee and threatening her teenage son with a knife (an aggravated assault).

As a St. Petersburg criminal defense lawyer, I obviously don’t deal with Nevada criminal law. However in Florida, domestic battery is specifically emphasized by the legislature. Florida Statute 741.28 deals with domestic violence and reads as follows:

“(2) ”Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member”.The Florida legislature has statutes for each of the above listed crimes. However, if the crime occurred between family members or even lovers living together, it is considered domestic violence. In Pinellas county, misdemeanor domestic violence cases have their own division and courtroom (Division R). This allows for specialized prosecution as well as the development of uniques “domestic violence” fines and punishments. This “specialization” of domestic violence charges are also being done in Hillsborough, Pasco and most other Florida counties.
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October 11, 2012

Tampa juror going to jail?

by Blake & Dorsten, P.A.

From the Tampa Bay Times website, a Hillsborough county judge is vowing to send a juror to jail because he took it upon himself to research a suspect accused of murder…

In Tampa, after ignoring multiple warnings from the assigned judge not to research a murder case starting this week, a potential juror found himself in the crosshairs of the enraged judge.

The juror, name withheld, along with 200 other potential jurors were given written warnings not to research this death penalty case. They were also warned multiple times by the judge not to discuss the case with their fellow jurors. 199 of them apparentely listened. One man did not. And when Judge Bill Fuente of Hillsborough found out that the would-be juror disregarded his instructions he was out of patience. The judge told the wanna-be sleuth to leave his address with the bailiff because he was going to jail. He then threw the juror out of his courtroom!

This judge is presiding over a first-degree murder trial of a man, 30, charged with raping and brutally stabbing a mother of three back in 2007. Because the state is seeking the death penalty, this trial is expected to last up to a month.

This judge had previously attempted to try the suspect last year but was unable to because the criminal defense lawyers couldn’t find 12 acceptable jurors out of a pool of only 60.

Though not his fault, this same judge has previously presided over another failed high profile murder case earlier this year. Dontae Morris, accused of killing multiple people, including police officers, had a mistrial after the judge dismissed over 80 prospective jurors when he learned that they were talking about the case over lunch, against the judge’s instructions.<

For this current case, the judge was extra careful this past Monday. After ordering a panel of 200 prospective jurors he gave all of them a written order not discuss the case with anyone and stressed that they were NOT to research the case. Between lunches and breaks, he reminded them about the order and warned them not to talk about the case.

Then yesterday, a fellow juror reported the suspect talked over lunch about Googling the murderer's name at home the previous night. The juror reported the conversation to the bailiffs who informed the judge. This time, the angry honor did not dismiss the entire panel, but said the man could count on a jail sentence.

As far as the man goes, he is claiming that he didn't read the written order and knew nothing about it. He is also claiming that he learned nothing about the murder suspect from his online research and assummed other jurors did the same thing. This juror claims he cannot afford a criminal defense lawyer for his case so is doing the only thing he can think of…writing a letter of apology to the judge, admitting he was wrong and begging for forgiveness!
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