Tampa Bay Criminal Defense Lawyer Blog

October 4, 2012

Clearwater men arrested after battering a law enforcement officer

From the Tampa Times, two men were found hiding on a roof after injuring a police officer…

Two Clearwater men accused of agrravated battery of a police officer and fleeing and eluding were arrested this morning after fleeing to a rooftop in an attempt to avoid capture.

Earlier that nigh police were summoned to an apartment complex in Clearwater after reports of people waiving guns inside a car.

When police arrived at the apartments, the suspects committed aggravated battery on a police officer by intentionally driving his car into one of the officers. According to police reports, the officer tried to jump out of the way but was hit by the side of the vehicle, suffering minor injuries.

Officers began a high spped chase of the suspect’s car, which ended in a crash on U.S. 19 near Druid road. It is unknown at the time of this writing if the driver was charged with leaving the scene of an accident with property damage.

Three men got out of the wrecked vehicle and began to run. K9 units tracked two suspects to the Clearwater mall where a Pinellas County Sheriff’s Office helicoptor found them on the roof at Lowes!

While one man remains at large, the other two men were Id’ed as Clearwater residents. One man was charged with aggravated battery, drug possession, and obstruction. The passenger faces a burglary charge.

On a side note, more charges may soon be coming. When police searched the crashed car, they found eight pounds of marijuana, five grams of crack cocaine and several guns!
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September 27, 2012

In Florida, Ex-NFL star’s divorce is finalized after a domestic battery allegation

by Blake & Dorsten, P.A.

After a domestic battery allegation in Florida, former NFL player and reality show “star” Chad Johnson has finalized his divorce per an article from The Washington Post.

The former wide receiver finalized his divorce from fellow reality TV star Evelyn Lozada just a month after his arrest on a domestic battery charge against her.

The Ex- Pro Bowler was competing in the Miami Dolphins training camp for a roster spot when Ms. Lozada accused him of battery against her during an arguement over his alleged infidelity. The Dolphins immediately cut the ageing athlete and the former stand out for the Cinncinnatti Bengals has yet to find a football home. In a TV interview Jonson, who is still facing a misdeameanor battery charge, has claimed he is now taking anger management classes.Johnson’s Florida criminal defense lawyer said the divorce was covered by a confidential prenuptial agreement. Chad Johnson, in turn, has become more introspective. He has legally changed his last name back to Johnson from his previous tongue-in-cheek “Ochocinco” and has claimed remorse.

“Chad has to work on Chad,” he says. “Chad has to go deep down inside and figure out where he went wrong. At what point did you lose focus on what’s most important? Like especially the game of football. . At some point I had drifted off track away from that and being one of the best at what I do.”This latest domestic battery allegation could not have come at a worse time for Johnson’s fading career. He had a very disappointing year with the Patriots in 2011 and was not a lock to make the Dolphins roster, even before his arrest.
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September 21, 2012

Pinellas man calls 911 when his daughter refuses to get him a beer

by Blake & Dorsten, P.A.

A humorous bit first seen in the Tampa Times website…

A Pinellas county man told police he needed help with a “domestic situation”. The police rushed over expecting to find a domestic battery, instead they found a man wanting a beer!

Pinellas deputies received a 911 call late Thursday night from a 56 year old Seminole man detailing the above situation. The man claimed his daughter was hitting him and using drugs. When they arrived to the home, they found the man was intoxicated and his story quickly unraveled.

The man’s daughter said the Defendant called the police when she wouldn’t buy him a beer. When she produced audio recordings of the Defendant threatening to make fake statements to the police about her the police had heard enough. The man was arrested for making a false report of a crime and was sent to Pinellas county jail. It looks like he better cut back on the beer and save his money for a defense attorney!
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September 6, 2012

In St. Petersburg, Florida are Tattoos the new DNA?

by Blake & Dorsten, P.A.

From an article in the Tampa Times, new evidence that tattoos are increasingly being used to ID criminals. Some of this “ink” is so unique, it is replacing the old photo packs as tools to identify suspects…

Police were investigating a robbery in St. Petersburg. They had no suspects but were canvasing the area for leads. They happened to interview a nearby employee of the Mariner car wash who remembered a man with an unusual arm tattoo that read “Most Wanted”. That man happened to have a previous conviction for a different bank robbery. Based on the tattoo description, police ran his DNA and found a match to the suspect. The man, 43, received 30 years in prison and the state attorney prosecuting the case claimed the visual ID of the tattoo was invaluable in getting the conviction.

In Florida, this man joins a growing army of criminals who are being identified mainly though their tatoos and “markings”. As tattos have exploded in popularity, polce agencies are increasingly photographing and distributing the photos in a catalogue to help identify more criminals.

In St. Petersburg alone, these tatoos have helped solve multiple crimes. When a man was shot behind a pool hall in St. Petersburg last year, the suspect was easily found. he reason? The large “727” tattoo (the St. Petersburg area code) on the back of his neck! Ironically, the suspect (Dwayne Bailey) had previously talked to because he was already a suspect. He has been charged with murder and is awaiting trial.

Another St. Petersburg case ended in an arrest, this time for sexual battery. Two out of three victims described a tattoo that said “Ride or Die”. The suspect, who had that tattoo etched on his neck, is also awaiting trial.. Another man from nearby Riverview was identified in a burglary by his large state of Florida tattoo put right on his face.

Tattoos as evidence is not just a Florida phenomenon. In California a man was convicted of a murder outside a liquor store. This murder was unsolved until police got a big break. The assigned detective was going through a tattoo book and saw the defendant with the murder scene tattooed on his chest!

When interviewed, a St. Petersburg police spokesman admitted that while not all tattoos are helpful, generally the more unique one is, the better it works in identifying a person. Thanks to modern technology, police now have computer databases and can run a tattoo through a system to see if it matches a prior arrest. Recently, a St. Petersburg woman was caught on tape committing credit card fraud. She was seen on camera and had a large tattoo on her right shoulder. She was later arrested on a seperate case and in booking, her tattoo was found, resulting in additional charges.

In nearby Tampa, a tattooed woman was accused of purse snatching at a Publix and then using the stolen credit cards. Once again, while her face was hidden, her tattoo was visible…making the police hopeful they will soon be making another arrest…
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September 4, 2012

Florida Teen is on trial for impersonating a doctor

by Blake & Dorsten, P.A.

Like a bad episode of “Doogie Howser, M.D.” except in this case the teenager was NOT a doctor. Per an article on CNN, this pint-sized wanna be medical man may soon be in a world of trouble…

Matthew Scheidt, 18, is currently on trial in Florida on four counts of practicing medicine without a license and two counts of impersonating a physician assistant during time he spent at the Osceola Regional Medical Center. He is accused of getting a medical badge through a clerical error and working “rounds” as a doctor, going so far as giving CPR to a suspected drug overdose victim.

His defense? The hospital was to blame for giving him an badge identifying him as a doctor! The suspect claimed that he went to the hospital to get a badge to work as a clerk at a doctor’s office across the street. Due to a clerical error, he was given a badge identifying him as a physician assistant. During an interview, the suspect did not sound remorseful.

“Their error was putting me in apparently as a physician assistant into their computer,” Scheidt told investigators. “Let’s even say that I said I was a physician assistant. Let’s even say that I was. Are you that stupid that you are just going to put me in the system as that, without any credentials or any paperwork or nothing?”

The State attorneys prosecting the case claims that the suspect used the incorrect badge to spend weeks working in the hospital, helping to conduct medical exams and changing bandages.

Despite an alleged full confession and a mountain of evidence against him, he has pled “not guilty” and has maintained his innocence. One thing that may not help him? Just a few months after bonding out on these charges, he was arrested and put back in jail for a new count of impersonating a police officer! Forget “Doogie Howser”, this is sounding more like a bad version of the ’80s classic, “The Secret of My Sucess“…
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August 31, 2012

The aftermath of the Tampa RNC, much ado about nothing?

by Blake & Dorsten, P.A.

We had previously written in an earlier blog post about what to do if approached by the police during the Republican National Convention. Thee were panicked stories about anarchists who will purposely destroy property and hurt people. Based on previous convention arrest number, the Tampa police department were estimating over 1,000 arrests and had been approved for a 50 million dollar federal grant to beef up their equipment and numbers. As of Friday morning with the convention winding down the grand arrest total is…maybe a few dozen?!

A combination of Hurricane Isaac, overwhelming police numbers and a “kinder, gentel” police force led to some confrontations but no mass arrests and little property damage. Per an article in the Tampa Times, even many protesters were impressed with how polite and restrained many of the over 60 police agencies involved in convention security were. Police spokesmen were happy but gave much of the credit for peace to low turnout. For instance on Monday 500 people showed up at a protest that was expecting over 5000. Per the spokesmen, the violent anarchists needed a larger crowd to move in, the smaller crowd did not allow for much mayham.Of course there were still arrests. Earlier in the week, a man was arrested and charged with carrying a concealed weapon when he was found with a machete in his pants. There were also several arrests for disorderly conduct, marijuana possession, battery and criminal mischief among others.

Overall Tampa and St. Petersburg got lucky. There was very little property damage, only a few arrests and by most accounts a safe and fun convention for guests and home town folks alike. In this case both the multiple police agencies and even many of the protestors themselves deserve a big hand for both keeping the streets safe and allowing the first amendment right to assembly to flourish.
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August 23, 2012

Bobby Brown to enter rehab as part of his DUI plea

by Blake & Dorsten, P.A.

Last March, days after the coroner revealed the cause of death for his ex-wife Whitney Houston (accidental drowning and cocaine use), Bobby Brown was arrested for a DUI. Now, per the Los Angeles Times, the R&B singer must check himself into rehab for a minimum stay of 90 days as part of his plea agreement.

Bobby Brown’s spokesman, Christopher Brown, told CNN: “Mr. Brown takes his agreement very seriously and admitted himself three weeks after concluding his honeymoon in Mexico during a break from the New Edition tour,”.

Once out of rehab, Bobby Brown will have three years of probation as well as fines and a time served jail sentence (one day). Mr. Brown was charged with Driving Under the Influence on March 26 after being pulled over for talking on his cell phone and then failing a field sobriety test.As St. Petersburg DUI attorneys, we have run into a similar problem as Bobby Brown’s criminal defense lawyer did. In Florida, there is MANDATORY jail for many DUIs! For instance, if you receive a 2nd DUI within five years of a first conviction, you are facing a mandatory minimum of 10 days in a county jail. If it is your third conviction in 10 years, you are looking at 30 days minimum. At Blake & Dorsten, P.A. we have found numerous rehab and DUI programs throughout Pinellas and Hillsborough counties where the judges substitute said programs in lieu of jail! This had made an untold number of clients happy. They avoid jail while getting treatment for themselves. If you or a loved one has any questions about treatment programs or rehab in this area contact our firm today for a free consultation.
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August 15, 2012

Local Teen ran a 20k per month drug ring…

by Blake & Dorsten, P.A.

Like a junior “Scarface” or the plotline from “21 Jump Street”, an Ohio teen is accused of being one of the biggest drug traffickers in Cincinnati. Per an article in the Washington Post, at an age where most boys are getting ready for prom, 17 year old Tyler Pagenstecher pleaded guilty to drug trafficking charges in juvenile court.

Tyler is accused of being a major player in a large marijuana ring, one so large that it was selling over $20,000 of pot per month to fellow students in this Ohio suburb. He has been called everything from “a little czar” to “one of the most successful teenage drug dealers” in midwest history. Per the police report, while adults ran the drug ring, the juvenile drug dealer had six teenage “lieutenants” directly under his control who helped sell the pot. The teen, who admitted selling pot since he was 15, at first stayed off police radar. He avoided selling at school and would only sell from his home. Police eventually got word of him from informants and undercover agents bought drugs off Tyler on two seperate occasions.

Besides Tyler Pagenstecher, seven adults were also arrested and charged with trafficking in marijuana. They are accused of growing weed in suburban homes and a warehouse, using artifical light.

During Tyler’s arrest, police seized over 600 marijuana plants with a cash value of over $3 million dollars! They also seized over $6,000 in cash they found in the juvenile’s bedroom.By the accounts of local teachers, Tyler was a smart student who has achieved cult-like status in his highschool for fooling the police for so long. The prosecutor for the case agrees that Tyler is intelligent and is hoping that he will dedicate himself to going straight.

What would happen to him in Florida Courts?

As Florida juvenile defense lawyers we have handled numerous juvenile cases throughout Pinellas, Hillsborough, Manatee and Pasco counties. The juvenile court system was made in part to help teenagers with bad choices they may make. Normally a case such as drug trafficking might result in years in prison for an adult offender. A juvenile offender may be given a more lenient sentence including probation or even a boot camp option rather then adult prison.

If you have any further questions for the juvenile crime lawyers at Blake & Dorsten, P.A., call us at 727.286.6141 or contact us for a free consultation.
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August 10, 2012

Florida Trooper arrested in Tampa on drug charges.

by Blake & Dorsten, P.A.

From the Tampabay Times, a veteran Florida Highway Patrol trooper has been arrested on prescription drug charges. The trooper, Tampa’s own Ryan Brescia, faces three counts of withholding information from a practioner, a violation of 893.13(7)(a)8.

The trooper is accused of withholding important information from two seperate doctors-one each in Pinellas and Hillsborough county regarding his drug prescriptions. By not telling one doctor that he was seeing another one, he was able to procure a large amount of hydrocodone-acetaminophen. Both doctors claimed they had no knowledge of the other one and had no idea that he was being prescribed other medications.

This addiction cost this trooper his job and may cost him his freedom. This shows that prescription drug addiction can affect people from all walks of life. Just in the past few years alone, major newspapers have written stories about athletes, doctors, lawyers, policemen, rich and poor alike having their lives ruined over the scourge of prescription drugs such as oxycodone.

August 9, 2012

2012 Republican National Convention: Tampa, Florida: Protests! Advice if you are approached by law enforcement!

by Blake & Dorsten, P.A.

Tampa Bay has already begun the preparation to host the Republic National Convention to be held at the end of August. No doubt this will be an exciting time for the community as Delegates and Key Note speakers from around the country will be exploring the St. Petersburg and Tampa area. However, with the excitement of an upcoming presidential race comes controversy, with controversy comes protest, and often times protests lead interaction with law enforcement and often times arrests.

Police utilize several statutes to arrest citizens that may be engaged in protest or are overly disruptive. Under Florida Statute 877.03 persons who engage in conduct as to constitute a breach of the peace or disorderly conduct and against the peace and dignity of the State of Florida may be guilty of disorderly conduct. Police use disorderly conduct as the catch all crime to make arrest for persons acting out in protest. Violating Florida Statute 877.03 for being “disorderly” can land you or loved one in jail for 60 days and a fine of up to $500.00. Furthermore, if convicted, you can get up to six months of supervision.

Generally words alone will not be sufficient to sustain a conviction for disorderly conduct, however, any fighting or brawling, urinating, or having too much to drink will get you a ride to the county jail under the disorderly statute. If police are accusing you of disorderly conduct there are several things to remember: First, ask for your attorney! You are potentially being accused of a serious crime. An experienced trial attorney will be able to protect your rights and protect you from further incrimination. Second, keep your mouth shut! You have a Fifth Amendment right to remain silent. Use it! Do not make any statements and do not consent to any searches.