Tampa Bay Criminal Defense Lawyer Blog

August 11, 2009

Only in St. Pete: Man Arrested for Committing Aggravated Assault with a Firearm Against the Newspaper Delivery Man

In another one-of-a-kind story that makes us all wonder why we continue to live in the Tampa Bay area, Eddie Lee Burney, 60, of St. Petersburg, was arrested for Aggravated Assault with a Firearm after he jumped out from behind a tree, at 5:25 a.m., and a pointed a loaded, chrome .38 special at his St. Petersburg Times delivery man.

Apparently Burney was known to make frequent complaints that his morning newspaper was being stolen. Taking matters into his own hands, Burney yelled “come get this newspaper” while placing his hand on the weapon and taking an “aggressive stance” towards the victim.

For his part, Burney is being charged with Aggravated Assault with a Firearm, a third degree felony in the State of Florida that is punishable by up to five years in prison. Burney will also have to deal with the three (3) year minimum/mandatory prison sentence that is required under Florida’s 10/20/LIFE law.
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August 9, 2009

OMG!! Txt u l8r! Texting While Driving In Florida Soon To Be Illegal?

by Blake & Dorsten, P.A.

A recent Tampa Tribune article opined on a very current issue in the State of Florida: “Should Texting While Driving Be Banned?” For the complete article, click on the Tampa Tribune link.

After several recent high-profile Traffic Crimes in the Tampa Bay area (including Nick Hogan, Jennifer Porter and Jordan Valdez), Florida law makers are considering cracking down on driving distractions (in this case, Text Messaging).

Many States have already banned texting while driving. If Florida is next, the Blake & Dorsten, P.A. will be ready, willing and able to assist anyone cited under this new law.

The Blake & Dorsten, P.A., In Clearwater, handles all Traffic Offenses and Violations including: Speeding, DUI, DWLSR, Leaving the Scene of an Accident, Fleeing or Eluding a Law Enforcement Officer, Aggravated Assault with a Motor Vehicle, Reckless Driving, Racing on a Highway, DUI Manslaughter and Vehicular Homicide.
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August 7, 2009

Child Porn Is Cat’s Fault, Says Florida Man

by Blake & Dorsten, P.A.

I sincerely hope this guy has NINE lives because this ridiculous defense is going to cost him this one. A Florida man had over 1,000 images of Child Porn on his home computer. When questioned by investigators with the Martin County Sheriff’s Office, Keith Griffin of Jensen Beach stated that he was downloading music and that his cat must have jumped on his keyboard when he briefly left the room.

For more information, check out the full USA Today story.

A neighbor is currently taking care of the cat. The Martin County State Attorney’s Office has conducted their investigation and determined that no charged will be filed against the cat.Had the cat been charged with Possession of Child Pornography, he could have contacted the Blake & Dorsten, P.A. in Clearwater which handles Crimes Against Children, Internet/Computer Crimes and other Sexually Motivated Offenses.
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August 7, 2009

Alleged St. Pete Drunk Driver Hits 15 Year Old Girl in Largo

by Blake & Dorsten, P.A.

In what has become an all-too-familiar occurrence, a St. Petersburg woman was arrested for DUI Causing Serious Bodily Injury after she ran over a curb and struck the young girl who was riding her bike.

For more information, please read the following St. Petersburg TImes article.We, the Clearwater-based Blake & Dorsten, P.A., have experience teaching future police officers how to investigate, prepare and testify in DUI cases.
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August 6, 2009

Tampa Bay Area Prescription Drug Ring Busted

by Blake & Dorsten, P.A.

In yet another reminder of how out-of-control our Prescription Drug problem is within the Tampa Bay area, the self-professed “King of Hudson” and 18 others have entered guilty pleas in Federal Court to Federal Drug Distribution Charges.

For more information, check out the full St. Petersburg Times article.

Run out of an auto repair shop in Hudson, this Doctor Shopping ring would visit multiple doctors throughout the Tampa Bay area in order to obtain and resell the highly addictive painkiller, Oxycodone.

The Blake & Dorsten, P.A. in Clearwater frequently handles Drug Offenses & Drug Trafficking charges. Many times, these drug offenses have harsh minimum/mandatory prison sentences.If you’ve been arrested for or charged with a Drug Offense or a Drug Trafficking charge, the Blake & Dorsten, P.A. is here to assist you. 365/24/7.
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August 5, 2009

Crime Still Climbing in St. Petersburg

by Blake & Dorsten, P.A.

A recent story in the St. Petersburg Times has indicated that crime is on the rise in the City of St. Petersburg, Florida. According to the latest numbers, Burglary
and Theft Crimes are rapidly increasing.

For the full story, click here:

Police Chief Chuck Harmon has suggested that the rapid rise in crime is due to many factors including the current economic crisis, rising unemployment and home foreclosures.

While Property Crimes like Auto Theft are on the rise, most Crimes of Violence are down this year. Robbery is down 12 percent this year and the number of Homicides have been cut in half.These statistics have lead to a steady increase in business for the Blake & Dorsten, P.A. in Clearwater. Criminal Attorney Nicholas J. Dorsten, of the Blake & Dorsten, P.A., handles all criminal matters arising in the City of St. Petersburg and throughout the Tampa Bay area.
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August 4, 2009

Was Justice Served in NFL Star Donte’ Stallworth’s DUI Manslaughter Plea Deal?

by Blake & Dorsten, P.A.

Every once in awhile, I like to chime in on a criminal case that has caught the attention of the media nationwide. Today’s question is this: Did Cleveland Browns wide receiver Donte’ Stallworth receive any special treatment in the handling of his recent DUI Manslaughter case in Miami, Florida?

For more information on this story, you can check out this article from the Miami Herald: Donte’ Stallworth gets a month in jail for DUI Death.

Dozens of DUI Manslaughter and traffic-related homicides are being handled. In most cases, the Defendant received a prison sentence of anywhere from ten (10) to fifteen (15) years (depending on the specific facts of each case as well as the Defendant’s prior criminal record). Looking back on my six (6) years with the State Attorney’s Office in Clearwater, it’s difficult to recall a DUI Manslaughter case with a similar sentence.

Therefore, we all need to ask ourselves these questions: “Why did this individual (Donte’ Stallworth) receive such a lenient sentence?” and “Was his celebrity status influential in obtaining this favorable plea offer?”

Like many other Crimes of Violence, the ultimate resolution of a DUI Manslaughter case can be driven by the victim and/or victim’s family or next-of-kin. In this case, the family of the deceased man that was running across the street to catch a bus made a specific request that the State Attorney’s Office resolve the criminal case quickly so that the entire family could get some closure.

However, the State of Florida had a very strong case against Stallworth. Stallworth’s blood-alcohol level after the crash was a .126, well above the legal limit of .08 in the State of Florida. Stallworth admitted to driving and flashing his lights, while driving in his black 2005 Bentley, at 50 mph in a 40 mph zone.

As for a defense, 59-year old construction crane operator Mario Reyes was not in a crosswalk when he tried to cross the busy MacArthur Causeway in Miami. However, the State doesn’t need to prove that Stallworth “caused” the acccident. The State only needs to prove that Stallworth’s drinking and driving “contributed” to the accident — an issue that would be very difficult to rebut based on the evidence that has been made public.

While Donte’ Stallworth was the recepient of a very lenient plea bargain and sentence, most people are not that lucky. The Blake & Dorsten, P.A., in Clearwater, aggressively defends those accused of Criminal Traffic Violations and has experience handling the most complicated and serious traffic offenses such as DUI Manslaughter, Vehicular Homicide, Leaving the Scene of an Accident Involving Death, Reckless Driving Causing Serious Bodily Injury and DUI Causing Serious Bodily Injury.

To view a short video with commentary on this case, check out the following from Newsy.com:

http://www.youtube.com/watch?v=xUfTE2MIWl8

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August 3, 2009

St. Petersburg Blockbuster Robbery & Cop Shooting Trial Begins

by Blake & Dorsten, P.A.

A jury was picked and the Trial has started in one of my all-time favorite cases that I handled while prosecuting in the Pinellas County State Attorney’s Office. I can remember the day that one of our local undercover detectives was shot as our Gang Prosecution Unit was already prosecuting several members of St. Petersburg’s “Haines Road Cru.”

What started as a small “neighborhood group” that bullied people around had turned into a small group of dangerous individuals robbing local pharmacies at gunpoint. Initially, each Robbery was done to get as much Oxycodone and Xanax as possible as the street value of those pills had gone through the roof in Pinellas County.

Soon thereafter, this small group, all clad in black with their faces concealed, robbed a Blockbuster Video in St. Petersburg. Unfortunately, at that time, the St. Petersburg Police Department was doing undercover surveillance on this group.Once the undercover units noticed that a Robbery was occuring at the Blockbuster, one of the plain-clothes detectives confronted Velislav Matzov. After the detective identified himself as a law enforcement officer, Matzov fired several shot almost killing the detective.For his part, Matzov was charged with Attempted Murder of a Law Enforcement Officer as well as various other Armed Robbery charges. His co-Defendant, Joseph Hollings is set for Trial next week. The driver of the vehicle, Danielle Karlau, has already entered a plea and is expected to be called as a witness. Matzov is facing Life in prison if he is convicted of the most serious charge: the Attempted Murder of a Law Enforcement Officer.

For more information on this case, including the initial St. Petersburg Times article and the Bond Hearing that I handled for the State of Florida, check out the St. Pete TImes article “Birthday Gift Blamed for Cop Shooting“.
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August 1, 2009

Palm Harbor Man Assaults Pregnant Wife on Airplane

by Blake & Dorsten, P.A.

In another “only in the Tampa Bay area” type of case, a 29-year old Palm Harbor man was recently arrested for assaulting his 8 1/2 month pregnant wife while aboard an AirTran Airways flight from Baltimore to Tampa.This is an interesting twist on the typical Domestic Violence case since it occured mid-flight and is therefore a Federal Crime.

For more information on this case, click here:

The Blake & Dorsten, P.A., in Clearwater, handles many Domestic Violence cases throughout the Tampa Bay area.

Its important to remember that the State of Florida has a “pro prosecution” policy when it comes to Domestic Violence cases. That means, even if the victim may not want to press charges, the State of Florida will frequently file charges anyway. In my experience, these cases are best handled when an experienced criminal defense attorney is contacted immediately upon arrest (or even prior to a formal arrest).

If you or a family member has been accused of a Domestic Violence offense, the Blake & Dorsten, P.A. stands ready to assist you. 365/24/7.
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July 30, 2009

Only in Tampa Bay: Oxycodone Found In 4-Year Old’s Bag of Skittles

by Blake & Dorsten, P.A.

Over the last several years, there has been a tremendous rise in prescription drug abuse throughout the Tampa Bay area. Many of our clients are finding themselves charged with Trafficking in Illegal Drugs (with Oxycodone being the flavor of the month), Doctor Shopping and Obtaining a Controlled Substance by Fraud.

However, things are starting to spiral out of control when a 4-year old child at the Tampa International Airport is found to possess a bag of Skittles candy full of Oxycodone pills. Obviously there was some type of mistake as these pills have a “street value” of about $15.00 a pill.Blake & Dorsten, P.A. has handled dozens of Prescription Drug Cases over the last year. Many times, these cases involve very harsh penalties including minimum/mandatory prison sentences. Some would say that our criminal justice system has gone too far with these draconian penalties.

BEWARE: In the State of Florida, you can be charged with Trafficking in Illegal Drugs based on the weight of the drug(s) alone. You do not have to be a “drug dealer” or sell anything to be charged with Trafficking. Simple possession of a bottle of pills, without a legal prescription, can land you in prison for up to 30 years.

For more information, including the original St. Petersburg Times article, click here
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