The 39-year-old instructor was on staff at the Seminole County school 13 years before criminal charges were filed. Longwood police said students and teachers witnessed inappropriate conduct between the math teacher and a 17-year-old student, who admitted having sex with him.
]]> The charge led to the teacher's suspension. The second arrest prompted school officials to push for termination.A second teenager stepped forward to say she had been sexually involved with the teacher in 2011. The short relationship allegedly took place when the girl was 15. At the time, the student apparently gave the accused man pictures of herself in the nude.
Both students said their sexual encounters took place at the teacher's home.
Seminole County police lodged sexual battery charges after the first complaint and added sexual assault and lewd or lascivious behavior charges following the second arrest. The teacher was jailed without bail.
Criminal charges are damaging even without a conviction. The teacher's contributions to his profession no longer matter. His career is over. The teenagers may have consented to the sexual relationships they had with the man, but both girls were minors, which makes consent irrelevant.
A criminal defense attorney would review the conversations investigators had with the alleged victims for evidence of "taint." Children's answers can be influenced by the way questions are asked by authority figures. The defense would also examine why the teens came forward with the charges when they did.
Evidence collection and arrest procedures would be reviewed for any violation of a client's rights. While an attorney might not be able to salvage a defendant's job, the adviser may be able to negotiate a dismissal or reduction in the severity of the charges.
Source: orlandosentinel.com, "Seminole math teacher re-arrested after 2nd student said he had sex with her" Jerriann Sullivan and Susan Jacobson, May. 10, 2013
]]>The victim's roommate, a fellow drum major at the time of the incident, recently rejected the offer of an undisclosed plea deal. The 26-year-old defendant, like other ex-A&M band members facing conspiracy allegations, could be sentenced to a 15-year prison term if convicted.
]]> The roommate claimed in an interview that he was a defender, not an attacker, aboard the parked band bus where the student died. The former student said he entered the bus only to help his friend get through a hazing gauntlet of "hundreds of blows," while sustaining injuries of his own - two broken fingers.Prosecutors will present the hazing and manslaughter cases as a conspiracy. The first of the many trials likely to come is expected to last about four days. There is concern the story has received so much media attention that seating an unbiased jury will be difficult.
The 24-year-old man set to testify against the victim's roommate is hoping to have his sentence mitigated. His attorney isn't certain his client will get his wish.
The roommate assertions that he was trying to help rather than hurt the victim are likely to come out during the mid-May Orange County trial. The "I-was-trying-to-save-him" story may be difficult to defend with at least one other ex-band member testifying against him.
A criminal defense attorney would question potential jurors thoroughly and carefully. Objections would be raised against any that seemed prejudiced by pretrial publicity. A change of venue for the trial, although rarely granted by courts, might ensure the defendant's jury of peers did not have a predetermined verdict in mind.
Source: articles.orlandosentinel.com, "Trial set for May 13 in deadly FAMU hazing" Stephen Hudak, May. 03, 2013
]]>Authorities say defendants, like three Broward County men recently arrested on burglary charges in Central Florida, may not be members of a sophisticated crime ring. Felony lane gang allegations refer to a crime pattern rather than a defendant’s participation in an organized activity.
]]> Felony lane gangs travel out of town or out of state to commit grab-and-go crimes that allow them to quickly disappear. The trio in the Broward County arrests, ages 19 to 33, was nabbed in a rental car after allegedly burglarizing vehicles at an Orlando-area gym.Police said the way the defendants handled the reported crimes matched how other felony lane gangs worked. Burglaries and thefts are committed in public car lots with fast access to purses or wallets. Felony lane gangs drive rentals and don disguises while cashing in on stolen identities, checks and credit or bank cards.
The “gangs” often include several members who are assigned duties. A member’s job may be isolated to organizing thefts, stealing or handling fraudulent bank transactions.
Two of the defendants picked up near Orlando have serious criminal pasts. The teenager is awaiting trial on charges filed in March for reckless driving and fleeing police. The 26-year-old defendant had been on probation for weapons and drug charges.
The third defendant’s record contained traffic violations but no arrests. A criminal defense attorney for the 33-year-old would make certain the court was aware of the man’s lack of a criminal past. With proper legal representation, a first-time offender has a good opportunity to avoid maximum penalties.
Source: articles.sun-sentinel.com, "Three South Floridians latest arrested in 'felony lane gang' car burglaries" Ihosvani Rodriguez, Apr. 26, 2013
]]>Federal agents often become active in gambling investigations when suspected violators operate across state lines. The FBI recently brought criminal charges against four Florida men. An additional 30 associates and 23 entities are also charged with crimes linked to an Internet business called Legendz Sports.
]]> The Central Florida suspects, ages 47 to 56, are accused of taking part in an extensive and profitable sports gaming venture. The FBI said Legendz Sports solicited over $1 billion in sports bets. The government said the proceeds were laundered offshore in countries like Panama before being transferred to the U.S.Twenty-three corporate representatives were charged with supporting the online gaming operation, largely money managers. The business reportedly had an on-the-ground team in U.S. that had personal meetings with gamblers.
The multiple defendants are accused of racketeering, money laundering, conspiracy to launder money and operation of an illegal gambling operation. The maximum prison term for defendants convicted on all charges could total up to 55 years.
A penalty equivalent to double the business's gambling proceeds could be imposed. Charges for federal tax crimes might be lumped on top of all the other serious charges, which would carry separate, extra penalties.
Government prosecutors must show the defendants operated an illegal gambling business as defined by federal laws. Minimums are set for the number of owners or operators, the daily money intake and the length of time the business has operated.
Defense attorneys are well aware that prosecutors who fail to prove all these points cannot obtain convictions. Through each step of the legal process, a defense lawyer would look for flaws in the government's evidence to have the case dismissed, win at trial or negotiate plea deals.
Source: clickorlando.com, "FBI busts 4 Central Floridians in $1 billion illegal sports gambling ring," April 10, 2013
]]>The Osceola County suspect was imprisoned for 10 years after a domestic violence conviction in Texas for aggravated assault with a deadly weapon. The man beat his ex-wife to death in 2001, the same year he resumed living with her after a brief, troubled marriage.
]]> Following the man's Nov. 2011 release, the suspect returned to Florida and entered new relationships. A battery conviction was added in December after the suspect was accused of choking an ex-girlfriend during an argument. He spent a little over two months in jail.The latest charge involved a new girlfriend -- a felony charge of battery by strangulation. Sheriff's deputies said the man threatened and choked a girlfriend during an argument at his parent's St. Cloud home.
The physical dispute allegedly began almost immediately after the girlfriend's arrival. She had been called there after the man told her his son had overdosed on heroin. The violence apparently started when the woman suggested calling 911.
Authorities took the suspect into custody the following day.
An attorney has a far greater chance of limiting consequences for a person charged with domestic violence for the first time than a repeat offender. Sometimes defense lawyers are able to get charges dropped when the accused enters a diversion program.
A person accused of repeat violence may have already had the chance for diversion or anger management classes. The Florida suspect will carry a lifelong criminal record for the first and all subsequent convictions.
Any conviction for domestic violence can include prison time, fees, fines or additional penalties. The stakes are too high for defendants to attempt to fight allegations alone.
Source: articles.orlandosentinel.com, "Man who killed ex-wife arrested on domestic-violence charge," Susan Jacobson, April 4, 2013
]]>Criminal charges were filed against the Pine Hills resident after a team player told his parent the coach had engaged in inappropriate behavior. Investigators said the boy accused the coach of attempting to pay him for sexual favors, raising the price from $40 to $100 when the child turned him down. No sexual contact allegations were reported.
The parent also talked with other boys on city teams, a 12- and 13-year-old. The children said the coach asked the football players for inappropriate physical contact.
]]> Within a week of the defendant's arrest, four other boys who played on the coach's sports teams came forward with complaints of indecent sexual behavior.Orlando officials stated that background checks were performed every year on city coaches. The defendant's record included a felony drug conviction which city attorneys dismissed because it was 14 years in the past. The coach's recent criminal history was clear and contained no violent acts or child-related incidents.
Police charged the coach with several counts involving lewd soliciting, exhibition and actions with children. The severity of the charges depends upon the age of the alleged victim and the acts which took place with or in the presence of a minor child.
Depending on the final list of charges, a conviction might imprison the defendant for several years or a lifetime. The criminal charges and public exposure may have already cost the man a three-decade coaching career. Severe penalties are certain for sex crime convictions.
Sex charges related to children are serious charges that require an expert defense. A criminal attorney is the best legal protection available for accusations that are unclear or untrue.
Source: articles.orlandosentinel.com, "More boys make accusations against youth coach, Orlando police say," Susan Jacobson, April 1, 2013
]]>The 40-year-old defendant was placed on full disability two years after she filed a 2007 claim for a persistent infection call Methicillin-resistant Staphylococcus aureus. The deputy claimed difficult-to-treat MRSA interfered with breathing and movement.
]]> The officer collected over $664,000 in disability benefits. The woman claimed a portable oxygen tank was indispensable to her health. An insurance adjuster who trailed the ex-deputy reported the apparatus went unused.The adjuster became suspicious when the woman appeared to be healthier than she claimed. The case was referred to the state for investigation last year.
Investigators said the woman coughed repeatedly during health checkups but showed no symptoms of disability when she was videotaped in public. The former deputy was observed driving, bending over, lifting and engaging in social activities without the oxygen tank.
The county wants the defendant to repay the benefits, medical costs and legal fees. Meanwhile, prosecutors hope to imprison the woman for up to 30 years for fraud and another 20 years for perjury, making a false claim and grand theft.
A doctor quoted in the affidavit said it appeared the woman intentionally lied about her medical condition. A defense attorney may question how the deputy ever qualified for permanent disability benefits without concrete evidence of a debilitating illness. Workers' compensation benefits are not issued simply for the asking.
Medical tests should have confirmed the infection -- not just a cough -- was still active at the time permanent disability was granted. Was the benefits' claim false or did the woman just start to feel better?
Source: floridatoday.com, "Former Brevard jail employee accused in $600,000 fraud," Stacey Barchenger, March 22, 2013
]]>A mother in Hollywood was recently arrested on three domestic violence charges for burning her teenage daughter with a heated knife. The 35-year-old Yemeni immigrant may not have been able to communicate her side of the story. She speaks Arabic but no English.
]]> In Yemen, the behaviors the mother was alleged to have committed might not be illegal or uncommon.Florida police said the mother pressed the hot metal on three separate areas of her 17-year-old daughter's arms. The teen was punished for communicating with a boy on the Internet. The act was perceived as a betrayal by the girl's parents who wanted the teen to submit to an arranged marriage.
The alleged victim did not contact police directly. One of the girl's classmates confided in school authorities about the incident. The teen reportedly was so distraught that she attempted suicide. School administrators contacted Hollywood police in mid-January.
Although the teen's father claimed the burns were accidental, the girl later told investigators both parents were cognizant of the knife incident. Police noticed that all three burns on the girl's arms had similar qualities.
The teen now lives with friends of her family. Her mother was released on bail but has been forbidden from contacting her daughter.
In the defendant's native country, the preservation of a family image outweighs individual importance. A tarnished family brand is justification for harm or death.
A defense attorney could help the suspect make sense of the child abuse charges and any forthcoming penalties. The mother may feel she is being penalized for doing her job as a parent. In another time and place, that might be acceptable.
Source: sun-sentinel.com, "Hollywood mom punished daughter with hot knife in 'honor violence' case, cops say," Ihosvani Rodriguez, March 19, 2013
]]>Prosecutors lodged a pair of felony charges with serious penalties against a 41-year-old father for a deadly accident on the way to a lakeside celebration. The defendant and his wife were driving two separate vehicles filled with middle school birthday partygoers when the dad's truck ran out of gas.
]]> The truck was attached to a loaded boat trailer. The children from the two vehicles joined together to help push the truck toward an exit. Two boys were between the trailer and the pickup when the vehicle reached the ramp and started rolling forward.The boys leaped toward the back of the truck. One child climbed onto the tailgate safely. The other boy was caught beneath the trailer and died.
Proven child endangerment is punishable by a prison term that could extend beyond seven years. Just before the filing, a blood test revealed the defendant had not been impaired.
Prosecutors intend to highlight the father's poor judgment in court. The boy's parents are seeking damages in a wrongful death lawsuit.
Investigating officers and legal counselors spent months deciding how the case should be handled. The defendant's attorney said, almost a year after the June 2012 death, his client remains devastated by the incident.
The man and his wife had planned to make the children's day at the lake special. The defense contends bystanders were willing to help move the disabled truck. No one at the scene seemed to think that pushing the pickup was a dangerous idea.
The defendant's stellar history of contributing to the welfare of children could play prominently in the case. A jury may not be convinced easily that the father ever meant to endanger the children he hoped to treat.
Source: petaluma360.com, "Petaluma man charged with two felonies in death of boy on birthday party outing," Mary Callahan, March 13, 2013
]]>An Orange County dispute among juveniles at a school bus stop drew the attention and the ire of the mother of two of the boys. A parent's instinct to protect children may have propelled the mother into the argument without regard to criminal charges.
]]> A surveillance camera mounted on a nearby home recorded the boys' fight. Deputies stated the camera picked up video of the 33-year-old mother becoming physically involved.The video showed the Rosemont mother and her sons at a distance from the other juveniles, possibly after the initial dispute. The woman then approached the other youths followed by her children.
Two unidentified boys were stabbed. One of the boys suffered a superficial wound. The other was hospitalized. Authorities think the weapon was the same knife later found in the woman's back pocket.
The woman admitted that she picked up a knife from the ground but denied using it against the juveniles. The parent said she jumped into the argument to protect her sons, although her intention was to stop the fight rather than become part of it.
Laws are sensitive when children are victims of assault, especially when the alleged attacker is an adult.
The mother might have been charged with felony battery if the stabbing victims had been adults. The malicious punishment of a minor is categorized as aggravated child abuse, punishable by a heavy fine and a mandatory prison time.
The woman's sons apparently escaped injury, but the price they paid was to watch Orange County deputies arrest their mother. A defense attorney would help the parent regain freedom as quickly as possible to be reunited with the children.
Source: orlandosentinel.com, "Mother charged with stabbing kids during fight with her sons," Amy Pavuk, March 5, 2013
]]>Legal experts agree that accepting "I didn't know" as an excuse would give Florida criminal courts little traction. Anyone could plead ignorance to escape conviction, prison and fines. Unfortunately in some cases, a person facing severe felony charges could be part of a majority of people who had no idea a law was broken.
]]> A man might be imprisoned for up to five years for planning and executing a simple display of romance. The man purchased a bouquet of one dozen balloons shaped like hearts. The man decided to release the balloons while he was standing in a motel parking lot with his girlfriend. A Florida Highway Patrol officer observed the launch and promptly arrested the 40-year-old boyfriend.According to the trooper, the balloon man had violated an environmental law. The motel was apparently within a short distance of animals on the endangered species list. The balloons' "pollution" of the environment could harm the creatures, according to the little-known Florida Air and Water Pollution Control Act.
The charge is a third-degree felony.
Imagine what this defendant faces. He may have to admit to an employer that he's been charged with a love-fueled but very serious crime. The girlfriend may also want to distance herself from a potential felon. A five-year prison stay would create a long distance relationship that might be difficult to maintain.
A conviction on felony charges is not always based on a defendant's intent. Defense attorneys know that criminal acts can happen with no preplanning or intended malice. It is possible for a defendant to commit a crime inadvertently. Because of the old Roman saying, ignorance of the Florida statutes remains a flimsy excuse.
Source: thestir.cafemom.com, "Man Makes Grand Romantic Gesture ... That Might Land Him in Jail," Jenny Erikson, Feb. 25, 2013
]]>Law enforcers have concentrated heavily on the prescription painkiller drug trade in Florida during the last few years. A pair of Orange County doctors were among the initial pill mill arrests made in 2010. Both doctors recently reached plea agreements with pleas of no contest to racketeering charges.
Prosecutors said one of the doctors prescribed hydrocodone to a drug agent posing as a patient with limited pain. Hydrocodone is narcotic designed for pain that is moderate or severe.
The accused doctor was sentenced to two decades of probation and fined $10,000. The second physician is expected to receive a similar sentence. By working out deals with prosecutors, the doctors avoided decades-long prison terms for drug trafficking.
]]>A woman arrested the same day the doctors were taken into custody was charged with trafficking painkillers. The street dealer was caught with 47 pills and was imprisoned for two years. Minimum mandatory sentences attached to drug trafficking charges are based on pill count.
A defense attorney for one of the accused pill mill doctors said physician's cases are far more complex than ones involving street-level drug dealers. Both defendants are essentially accused of the same crime, although doctors' drug trafficking cases frequently involve entrapment and due-process issues.
A University of Florida law professor said street dealers lack the money needed to mount a large defense in court.
Many Orange County defense attorneys agree that low-profile people convicted of drug charges receive harsher drug trafficking sentences than wealthy doctors. One legal observer noted that street dealers give up the only valuable possession many of them own following a drug dealing conviction: their freedom.
Source: orlandosentinel.com, "Pill-mill docs often avoid prison, but street-level dealers get locked up," Amy Pavuk, Feb. 19, 2013
]]>Society has a long memory for allegations and a short recollection of evidence. The accused risk reputation damaging publicity and strong, negative reactions from family, friends, business contacts, colleagues and employers.
]]> A drug possession charge can be especially punishing for people at the start of adulthood before the full value of their worth is established in the workplace or a community. An arrest in college may damage an educational standing, hiring potential and future income.A promising football player for the University of Florida was recently arrested during a Gainesville traffic stop. Three people were in the vehicle. Gators' defensive back Loucheiz Purifoy was a back seat passenger.
Police said they found a bag containing a scant 2.5 grams of marijuana propped between the front and rear seats near the emergency brake. One of the vehicle's occupants appeared to toss a marijuana cigarette out the window. The officer found residue on someone's pants.
None of the suspects claimed ownership of the marijuana. Authorities have not established which occupant provided the marijuana or how many people smoked it.
The drug possession charge against the university cornerback is a first-degree misdemeanor, a low-level charge for marijuana amounts of up to 20 grams. The sentence for a conviction could include a $1,000 fine and imprisonment for up to a year, an unaffordable price for a competitive university student and athlete.
Evidence must show that a defendant is guilty of the drug charges against him. A defense attorney would make it clear in court that there is a difference between possessing an illegal drug and occupying the same environment with people who use it.
Source: usatoday.com, "Florida star defensive back Loucheiz Purifoy faces pot charge," David Jones, Feb. 7, 2013
]]>There is a significant difference in penalties between a third-degree and first-degree felony charge. A doctor's conviction for prescription misuse can equal a five-year prison term. A drug-trafficking conviction for the same crime can make the prison term five times longer, up to 25 years.
]]> Prosecutors say so-called pill-mill doctors are as guilty of trafficking harmful, addictive drugs as any street dealer. The state of Florida is currently appealing a Palm Beach case, where a defense attorney won his client's freedom based on overly zealous prescription trafficking charges.Osceola and Orange county prosecutors have not filed prescription misuse felony charges against suspected pill-mill physicians for a decade. The counselors willingly admit the third-degree felony doesn't have the same clout in or out of the courtroom as trafficking charges do.
At the same time, prosecutors believe that doctors accused of writing unnecessary prescriptions for controlled drugs are in a trafficking league of their own. A defendant charged with third-degree felony cannot use deception when issuing prescription or write them for people who don't exist. That's what pill-mill physicians do, according to prosecutors.
A defense attorney could argue that patients are fully aware "tricks" are not involved in accepting prescriptions for painkillers or other prescribed drugs. Many of the patients who request and use controlled drug prescriptions willingly use their real identities when dealing with clinics that provide them.
Prosecutors who try to show a Florida community that prescription misuse will not be tolerated may inadvertently step on the legal rights of individual defendants. Defense attorneys are careful to concentrate efforts like protection of rights on the clients they represent.
Source: bradenton.com, "Rx for Danger: Legal maneuver could help Florida doctors in pill-mill cases," Amy Pavuk, Jan. 27, 2013
]]>An Orlando man is behind bars on a domestic violence charge after allegedly letting his temper get the best of him. The fiancé of the 29-year-old man delivered the news that she wanted to leave the shared home and end the couple's engagement.
]]> A charge of battery and jail time followed what reportedly happened next. The woman said she was pushed and choked by her fiancé as she held a baby in her arms. The broken engagement sent the man into a rage.The alleged victim said he held her down and attempted to force an engagement ring down the woman's throat. The action was apparently accompanied by threats to set fire to the couple's home.
The woman said she could not catch her breath. She later called Orlando authorities who arrested the abuse suspect. Reports did not say whether the 1-year-old in the woman's arms was her own child, the couple's baby or someone else's child.
The accused man told investigators that women failed to "accept responsibility for provoking" other people. The former fiancé is in the Orange County Jail facing a misdemeanor charge that could keep him locked up for one year.
Charges of domestic violence are not confined to physical abuse. Stalking and emotional torment -- which do not involve touching -- are punishable crimes categorized as domestic violence. Battery involves unwanted hitting or touching.
Abuse and assault charges can be brought against individuals who are related by marriage or family. An abuser may also be a date or a person who lives in the same household as a victim.
Without clear evidence of harm, a domestic abuse case might end with a stalemate of he-said, she-said.
Source: inquisitr.com, "Florida Man Tries To Make Ex-Fiancée Swallow Engagement Ring," Megan Charles, Jan. 24, 2013
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