Tampa Bay Criminal Defense Lawyer Blog

LOS ANGELES - According to a breaking story published by the Associated Press, Grammy-winning rapper T.I., who has a history of Drug Offenses and is on Federal Probation after spending time behind bars on Gun Charges, was arrested along with his wife after police smelled marijuana coming from their car, authorities said.

The rapper was arrested Wednesday night in West Hollywood during a traffic stop, Los Angeles County sheriff's deputy Mark Pope told The Associated Press. Authorities said they smelled a strong marijuana odor but would not say if any other drugs were found in the car.

The 29-year-old rapper and his wife, Tameka Cottle, were released from jail at about 4 a.m. Thursday after posting $10,000 bail each, sheriff's Deputy Luis Castro said.

T.I.'s publicist declined to comment.

The arrests follow last week's detention of socialite Paris Hilton, who is being investigated for Felony Cocaine Possession after a motorcycle officer smelled pot wafting from her car.

The Atlanta-based rapper, whose real name is Clifford Harris Jr., is a multiplatinum hitmaker. Known as the "King of the South," he has emerged one of music's most profitable stars.

He also has a key role in the current top box office movie "Takers." The shoot-'em-up about an armored truck Robbery that goes bad was released last week and topped the box-office chart.

T.I. served seven (7) months in an Arkansas Federal prison and three (3) months in a Georgia halfway house on Federal Weapons Charges and was released in March. He was sentenced to serve three (3) years of supervised release after his prison sentence ended.

He was ordered not to commit another Federal, State or local crime while on supervised release, and also ordered not to illegally possess a controlled substance. He was also told to take at least three (3) drug tests after his release and to participate in a drug and alcohol treatment program.

Patrick Crosby, a spokesman for the U.S. Attorney in Atlanta, had no immediate comment Thursday on whether Harris violated the terms of the judge's order.

Since his release, the rapper, who previously spent time behind bars for Drug Offenses, has vowed to live a better life. He spoke to children about the dangers of drugs and guns, and former United Nations Ambassador Andrew Young was one of his supporters. As he prepared for his most recent sentence, he starred in the MTV reality show "T.I.'s Road to Redemption: 45 Days to Go."

In a recent interview with The Associated Press, T.I. talked about living a more positive life.

"Right now, it's all about moving forward and just acknowledging the blessing that are here today. ... Just moving past the regrets of yesterday -- the things that could've been done better," T.I. said in a July interview.

Unfortunately, at this point in time, it looks like the only forward moving for T.I. is that he is one step closer to going back to Federal prison.

Continue reading "LOS ANGELES: Rapper T.I. Arrested Again - Federal VOP Coming Soon" »

LAS VEGAS - According to a breaking story released by the Associated Press, Paris Hilton was arrested on the Las Vegas Strip late Friday night after police saw a cloud of Marijuana smoke wafting from the windows of a black Cadillac Escalade driven by her boyfriend, then found a small amount of Cocaine in her possession.

A crowd quickly gathered near the stop on Las Vegas Boulevard near the Wynn Las Vegas resort at about 11:30 p.m. PDT Friday, and Hilton was taken into the hotel "to keep her safe" during the initial investigation, police said.

The 29-year-old socialite and her boyfriend Cy Waits were booked into the Clark County jail, police said. Watch commander Lt. Wayne Holman said Hilton was released early Saturday morning.

Officer Marcus Martin said police found that Hilton had a substance that tests later showed to be Cocaine, but did not say how much of the drug was found. She was arrested on a Possession of Cocaine charge.

Jail records showed that Waits, 34, remained held pending a court appearance on a charge of Driving Under the Influence (DUI) of alcohol or drugs. Hilton's court date was not immediately available.

The arrest came during a week in which a Burglary attempt was made on Hilton's Los Angeles home.

Officials said 31-year-old Nathan Lee Parada faces a Felony Burglary charge in the Tuesday incident.

Authorities have said that someone carrying two big knives banged on Hilton's window. She posted a photo of the arrest on Twitter and described it as "scary."

Hilton was arrested this summer after the Brazil-Netherlands World Cup match in Port Elizabeth, South Africa, on suspicion of Possession of Marijuana. The case was then dropped at a midnight court hearing.

Hilton pleaded "no contest" in 2007 to alcohol-related Reckless Driving and was sentenced to 45 days in jail. After spending about 23 days in jail, Hilton told CNN host Larry King that the experience caused her to re-evaluate the role partying played in her life. She said she wanted "to help raise money for kids and for breast cancer and multiple sclerosis."

Which, I'm sure, is what she was doing last night on the Vegas strip....

Continue reading "LAS VEGAS: Paris Hilton Arrested for Possession of Cocaine " »

According to an online story in today's St. Pete Times, a Spring Hill man was arrested Saturday after workers at a grocery store reported seeing him stuff steaks down his shorts and leave the store.

Mark Belkola, 51, was at the Publix at 4158 Mariner Boulevard when he was seen in the meat department shoving six (6) packs of steaks down his pants, then walking to the front of the store, according to a Hernando County Sheriff's Office report.

A store employee confronted Belkola after he left the store, but he ran to the parking lot and tried to get into his vehicle, the report states. A customer helped detain Belkola until authorities responded.

Belkola admitted to deputies that he had also taken a bottle of Vaseline and a bottle of pomegranate juice, both of which were found in his shorts. The total value of the merchandise was $75.66.

Belkola told deputies, "I'm starving, I'm starving, that is why I took the steaks," the report states.

He was arrested on a charge of Retail Theft.

Continue reading "SPRING HILL: Man Caught Stuffing Steaks and Vaseline in Shorts at Publix" »

According to a story just released by the Associated Press, tormer U.S. figure skating champion Nicole Bobek has been sentenced to five (5) years Felony Probation for her role in a Crystal Methamphetamine ring in New Jersey.

The 32-year-old Bobek choked up in court in Jersey City on Monday as she said she was sorry. She pleaded guilty in June to Conspiring to Distribute Methamphetamine.

"Nothing but positive things can come out of this," Bobek said outside the Jersey City courtroom where she was sentenced Monday. "It's been a long 1½ years. I'm looking to get back onto that ice."

She was among twenty eight (28) people accused last year of running a network that allegedly distributed $10,000 worth of methamphetamine per week.

The alleged leader of the group, Edward Cruz Jr., was sentenced last week to sixteen (16) years in prison.

Bobek won the U.S. figure skating title in 1995. But her disappointing 17th-place finish at the 1998 Winter Olympics took a psychological toll on her, according to her lawyer, Sam DeLuca. Bobek had been skating since age 3, forgoing high school and even home schooling for the rigorous, cloistered world of professional training, DeLuca said.

"Here is a girl whose star was shining ... and when the star went out, when the star started fading, she was not prepared," DeLuca said. She then fell into "a sleazy world" of drug addiction and bad influences, he said.

Hudson County Assistant Prosecutor Lisa Ledoux argued for a sentence of a year in the county jail, saying Bobek was no innocent victim and was not a minor player in the drug ring.

Superior Court Judge Kevin Callahan noted he had received letters on Bobek's behalf from former Olympic athletes, including JoJo Starbuck, and even rock 'n' roll musicians he didn't name.

Callahan warned Bobek that she was at a dangerous crossroads and that a single Violation of Probation or failed drug test could land her in prison for at least five (5) years.

Bobek, accompanied by her mother, applied to serve her probation near the family's Jupiter, Florida home. She was also ordered to serve 250 hours of community service and pay a $2,500 fine, plus additional court expenses.

Continue reading "JERSEY CITY, NJ: Nicole Bobek, Former U.S. Figure Skating Champ, Sentenced for Her Role in Crystal Meth Ring" »

According to an online story on BayNews9.com, members of the Hillsborough County Sheriff's Office (HCSO), along with the Federal Drug Enforcement Administration (DEA), busted a major drug operation that was using produce shipments to smuggle Cocaine into the Tampa Bay area.

The men arrested are accused of bringing $2.5 million worth of drugs from Mexico to Tampa Bay communities like Palm River and Progress Village.

Deputies say a 23-year-old college student from Texas was at the top of the operation. At the bottom were local "gang members" who distributed the drugs.

"Thirty-three gang members and drug dealers have been federally indicted to date and a dozen more are still pending Federal and State charges," said Hillsborough County Sheriff's Office (HCSO) Chief Jose Docobo.

The drugs were hidden in boxes of limes. Deputies say the drug dealers hid the cocaine in packages of limes because the strong odor of a lime can hide other smells, but they say it didn't work because K-9's were still able to sniff out the drugs.

"The limes were in boxes and inside those boxes the Cocaine was concealed inside other boxes within that pallet or shipment," Mark Trouville, with the Drug Enforcement Administration (DEA).

Deputies say it was then turned into Crack Cocaine and distributed on the streets of Progress Village and Palm River.

According to the BayNews9.com story, concerns from neighborhood groups prompted the "crack down."

Continue reading "HILLSBOROUGH COUNTY: Drug Trafficking Ring Busted By DEA After Shipping Cocaine in Boxes of Limes" »

As I was scanning BayNews9.com for a good criminal law article to blog about, I came across the following story in their "Strange News" column:

A Pennsylvania woman is accused of illegally accepting workers' compensation payments while working as a stripper.

Forty-three (43) year-old Christina Gamble waived a preliminary hearing scheduled for Tuesday in Pennsylvania State Court and will go to Trial next month.

Prosecutors say the Quakertown woman claimed she hurt her back at her waitressing job and couldn't work. A judge granted her $360 per week in benefits in October 2008.

But private investigators working for the restaurant's insurance company say they taped her dancing at C.R. Fanny's Gentlemen's Club and Sports Bar in Wilson later that year

Gamble is charged with two (2) counts of Workers' Compensation Fraud and one (1) count of Theft.

Continue reading "DOYLESTOWN, PA: Stripper Gets Caught Dancing While on Workers' Compensation" »

A high-profile DUI Manslaughter case from St. Petersburg has put the malt beverage, Four Loko, under the radar and created a national "buzz" about the new drink's popularity.

Demetrius Jordan, 20, has told officers that he drank Four Loko (in addition to consuming other liquor and smoking marijuana) prior to getting behind the wheel and causing a fatal crash that killed four (4) people. Four Loko is popular with young people because it combines 12 percent alcohol with caffeine.

According to a recent story in the Tampa Tribune, the beverage comes in a variety of flavors and has been the subject of controversy because some believe its makers are targeting teens. U.S. Sen. Chuck Schumer, D-N.Y., wants the Federal Trade Commission to investigate. He said Four Loko looks like Monster energy drinks, which do not contain alcohol.

When shown a can of Four Loko in its grape flavor, St. Petersburg registered dietitian and nutritionist Lea Russell called it "scary stuff." She said the can looks like it appeals to kids.

"It's definitely going to put you on a total high. I mean, we already know what caffeine does to people," Russell said. "And so it's going to keep you awake and allow you to keep drinking alcohol because alcohol is a depressant and now it's giving you the caffeine so you can drink more alcohol."

The crash at Dr. Martin Luther King Jr. Street and 22nd Avenue North in St. Petersburg killed Elroy McConnell II and his three (3) adult sons, Elroy McConnell III, Kelly McConnell and Nathan McConnell. All four (4) victims were from Orlando.

Four Loko is manufactured in Milwaukee by the Drink Four Brewing Company. Company executives have heard about the St. Petersburg wreck and the statements by the suspect about their product.

"We are deeply saddened by this horrific tragedy," said Chris Hunter, managing partner with Phusion Projects, the company that makes and distributes Four Loko. "Our thoughts are with the McConnell family during this difficult time."

Every once in awhile, the local media publishes a story that is so "right-on-point," that I'd rather cut-and-paste the entire story and quote to it (rather than provide commentary about it). In this case, I caught an early glimpse this evening of an article in tomorrow's St. Pete Times, written by Sue Carlton.

The following has been cut and pasted from the online version of tomorrow's SPT article:

Consider two criminal cases, alike and not so much, at least when it comes to doling out the law in equal measure.

In 2004 it was Jennifer Porter, a Hillsborough teacher who hit four children crossing a dark street and drove away. Two were killed, and two were seriously hurt. For the crime of Leaving the Scene of an Accident Involving Death, Porter faced up to 15 years in prison.

Today, a 21-year-old Tampa woman named Amanda Bentz faces the charge of Leaving the Scene of a Crash Involving Death. Investigators say one night in March, she hit a man who had a blood alcohol level of 0.35 and drove away. Like Porter before her, she would likely not have been charged had she only stayed.

But Bentz faces twice the sentence Porter did -- up to 30 years in prison. She would face half that had she been charged with DUI Manslaughter, and how does that make sense?

One more difference between the two cases, and it's a biggie: Amanda Bentz went back to the scene of the crash.

In the infamous Porter case, it's hard to forget the ugly details of her father washing the blood from her car and Porter returning to work the next day.

Bentz drove away, too. She made calls on her cell phone. And about an hour after the crash, she came back with her father and, investigators said, cooperated fully.

But by law, coming back later doesn't matter. If someone is injured or dying or even dead, you stop, you help, you answer questions for police. Of course you do these things.

But shouldn't the fact that Bentz returned be taken into consideration? Shouldn't coming back in a reasonable period of time -- "reasonable" being one of those law words for judges and juries to puzzle over -- mean a lesser but still serious charge?

Might it even encourage those who panic -- like Porter, like Bentz -- to finally do the right thing?

Now, about why Bentz faces twice the time. In recent years, lawmakers bumped Leaving the Scene of an Accident Involving Death from a second, to a first-degree felony, punishable by up to 30 years -- 15 more than DUI Manslaughter. Sometimes when lawmakers "fix" what they see as a weakness -- or if you are cynical, when they beat their chests -- quirks can happen.

So what about Amanda Bentz? As a practical matter, like Porter before her -- and like Jordan Valdez, a Tampa high schooler who drove off after fatally hitting a homeless woman -- she will not likely see jail. She was not drinking. She is not accused of causing the accident. She came back.

We elect our prosecutors and judges to handle the nuances of such complex cases, to take into account what she did and did not do, to consider that the mother of Billy Ivy, the man who died that night, said she wants Bentz to understand what she did but does not want prison.

An issue may be whether Bentz spends her life with a formal finding of guilt on her record, "adjudication," as it's called. Valdez, sentenced in the Juvenile system, was not adjudicated guilty.

But here is another of those quirks: Because the crime is a First-Degree Felony, Bentz may not be able to avoid that record.

There is a lessen in these cases: You stop and you try to help, because it's the right thing and also the law.

But that law should be the same for everyone, and that law should note for the record: Amanda Bentz came back.

By Sue Carlton

Jeremy Trueblood, the starting right tackle for the Tampa Bay Buccaneers, was released from an Indiana jail Wednesday after prosecutors decided not to file a Public Intoxication charge stemming from an arrest Tuesday night, authorities said.

Trueblood, 27, was released from Hancock County Jail early Wednesday morning.

According to authorities, just before 7:00 p.m. Tuesday evening police were dispatched to the Gas America store at 815 E. Main Street in Greenfield for a possible intoxicated driver. A caller told police that the vehicle had just left the store and was eastbound on Main Street. The caller reported that male subjects in the store could barely stand up because they were intoxicated.

En route to the store police observed a vehicle matching the description of the possible intoxicated driver. The officer followed the vehicle and observed that the driver and the passenger failed to have their seatbelts on and then initiated a traffic stop.

While the officer was speaking to the driver, back seat passenger Benjamin McKenny identified himself as a Hamilton County Corrections Officer and said "everything is alright." The officer smelled an odor of alcohol and asked for identification from all of the passengers.

The officer continued to ask for identification when the passengers, including Trueblood, became uncooperative, belligerent and verbally abusive to the officers. Trueblood, 27, and McKenny, 26, failed to cooperate and comply with the officers.

McKenny and Trueblood were both arrested for Public Intoxication and the driver, Wanda Trueblood, was cited for not having a seatbelt on.

Trueblood played ball at Cathedral High School, graduating in 2000. He helped lead his team to back-to-back state championships. Trueblood continued his football career at Boston College before being drafted to the Buccaneers in 2006.

"There will be no further action as far as the prosecution for the county is concerned," said Hunt. "They did the right thing not driving."

Trueblood, who joined the Bucs in 2006, signed a one-year, $1.75 million contract in May. His hometown is listed as Indianapolis, Indiana

Trueblood was featured in a 2008 interview with St. Petersburg Times and tampabay.com sports reporter Stephen Holder.

After almost one (1) year, police have arrested a St. Petersburg man they say is responsible for a crash that killed a 60-year-old Clearwater man in Pinellas Park last summer.

Anthony Bernard Peterson, 22, of 3627 27th Avenue South, was arrested Friday afternoon on charges of Vehicular Homicide, Leaving the Scene of a Crash involving Death and Driving With License Suspended or Revoked (DWLSR).

According to a recent St. Pete Times storuy, police had been searching for him for more than a month and believed he was hiding out in his neighborhood.

According to the Pinellas Park Police Department, Peterson was involved in a hit-and-run crash at about 2:18 a.m. Aug. 24 at the intersection of 49th Street and Park Boulevard.

Hours after the accident, Peterson was found at a Manatee County hospital with a broken leg. He admitted to driving a rented Chrysler 300 that blew through a red light and hit a 2001 Toyota, police said.

William Trotter, who was driving the Toyota, died en route to the hospital.

Peterson told police he and his family had been at a birthday party at the Bottom's Up Gentleman's Club earlier that night when a shooting occurred in the parking lot.

Peterson said he and his friends quickly left, then panicked after getting into the crash with Trotter, police said.

Peterson was in the Pinellas County Jail Saturday night in lieu of $102,500 bail.

Continue reading "PINELLAS PARK: Fatal Hit and Run Driver Arrested" »

In what is becoming an all-too-often event, a St. Petersburg high school band director has been arrested on charges of having consenual sex with a 15-year-old student.

According to an online Baynews 9 story, the St. Petersburg Police Department arrested 27-year-old Raphael Mclean after they determined that he had sex with a student on his desk in the band room.

According to police, the student told them that between October 2009 and January 2010 she engaged in consensual sexual intercourse with Raphael McLean on the desk in his office, located inside of the school's band room.

Mclean, who lives in Tampa and worked at Lakewood High School in south St. Pete, was charged with Lewd and Lascivious Battery, a Second Degree Felony in the State of Florida.

Aside from being a Sex Offense with a mandatory "Sex Offender" registration requirement, McLean's L&L Battery charge is punishable by up to fifteen (15) years in prison.

Making matters worse, McLean was previously arrested on March 11th and charged with Lewd and Lascivious Molestation for fondling a different 15-year-old female student without her consent.

Investigators are continuing their investigation and ask anyone with additional information about these two (2) cases or any other situations that might involve inappropriate sexual contact with students to call 727-893-7780.

Anonymous tips can be left by calling 727-892-5000. You can also Text a Tip to 727-420-8911.

Continue reading "ST. PETERSBURG: Another Teacher Caught Having Sex with Student" »

Sometimes, in my never-ending quest for a good story to blog about, you run across something that is just too good to make up. Usually, these types of stories occur in Pasco County. This one (below) is no different. Enjoy, courtesy of today's St. Pete Times.

A New Port Richey man was arrested Friday by the Pasco County Sheriff's Office after deputies said he called 911 multiple times to complain about his mother.

Did she hit him?

No.

Did she stab him?

No.

Did she shoot him?

No.

OK. I give up. What did she do?

She took his beer away.

Charles Dennison, 32, who was "very intoxicated," told a deputy who went to their home at 1739 Dennison Road, in New Port Richey, that he wanted his mother arrested for taking his beer (otherwise known as Petit Theft), according to a Pasco County Sheriff's Office arrest report.

And If she wasn't charged, he said, he would continue to call 911.

A deputy charged him with Making False 911 Calls and took him to the Pasco County Jail in Land O'Lakes, where he remained Monday morning. His Bond/Bail is a lowly $150.00.

Continue reading "NEW PORT RICHEY: 911 How May I Help You? Um, My Mother Took My Beer" »

According to a humorous story in today's St. Petersburg Times, a St. Pete resident, who was arrested on charges of Felony Battery and DUI early Friday morning, made the following last-ditch offer to the cops on his way to the Pinellas County Jail (otherwise known as the "Sheriff Coats Motel"):

He would give the arresting officer $300 to let the whole thing slide? According to St. Petersburg Police Department, Philip Charles Wood's "offer" was not only rejected, but earned him an additional Felony charge of Bribery.

According to police, Wood was first accused of Assaulting a man about 3:00 a.m. at 233 Central Avenue in downtown St. Pete. After that, officers noticed Wood driving by the scene of the assault and pulled his vehicle over.

The victim of the assault later identified Wood. Officers also determined that Wood was Driving Under the Influence, according to his arrest report. Wood, however, refused to take a breath test or do field sobriety exercises (what's known in the business as a "double refusal").

Following his refusal to submit to FSE's or a breath test, Wood was placed under arrest for DUI. Later that morning, around 4:40 a.m., as a transport officer drove him to the Pinellas County Jail (PCJ), Wood offered a $300 bribe to let him go and "drop the charges."

Let's just say, in a nutshell, that did not work!

In the State of Florida, law enforcement agencies can charge suspects for the time their officers spend investigating them. This is usually done at Sentencing when the State Attorney's Office requests "Investigative Costs" as part of an individual's sentence.

According to Wood's arrest report, two (2) St. Petersburg Police Department officers spent five (5) hours total on his case at their standard rate of $25 an hour, for a total of $125. Apparently, in Wood's intoxicated condition, he used this amount to calculate the amount of his alleged bribe.

"[The] Defendant stated that I would only be getting $125 for Investigative Costs anyways," the officer wrote in a report, "so he would make it $300."

According to the St. Pete Times, Wood should have saved his money. If convicted, he'll be responsible for paying that $125 in Investigative Costs, as well as the standard Fines and Court Costs that will be assessed in court.

Assuming this is Wood's first DUI, he'll be looking at over $1,000 in Fines and Costs (not including the price of an attorney, DUI School, an Alcohol Evaluation and any recommended follow up treatment, "cost of supervision" which will be payable for Probation, etc.). As I commonly tell many of my "first time" DUI offenders, "a first time DUI is a $5,000 cab ride" by the time you pay for your attorney and all of the above-listed fees, fines and costs.

A quick look at Wood's address on his Arrest Report shows that he lives in northeast St. Pete (which, on average, is a $20-25 cab ride). Unfortunately, as we see way too often, alcohol consumption frequently leads to poor decision making.

Wood was being held in the Pinellas County Jail Friday afternoon in lieu of a $15,250 Bond. Making matters worse, Wood was already out on Bond on Burglary charges when he was arrested. Therefore, it can be expected that the Judge and/or the State Attorney's Office (SAO) will move to "revoke" his previously posted Bond for violating the terms of his Pretrial Release.

Continue reading "ST. PETERSBURG: Bribing the Police Doesn't Work... Unless You Want An Additional Felony Charge" »

Tampa Bay: BEWARE

According to a story in tonight's online edition of the St. Petersburg Times, a fifty-eight (58) year-old Pasco County man noticed something odd at a drive-thru ATM machine last Saturday morning. When he tried to insert his ATM card, there seemed to be an odd piece of plastic attached to the ATM machine that was loose.

Wisely, the man removed it from the ATM at the Bank of America branch at 5242 Little Road in New Port RIchey. Because that Bank of America branch was closed, the man took it to another location and showed it to a bank teller. That bank then called the Pasco County Sheriff's Office.

The Pasco County Sheriff's Office has determined that what the man found was a "skimming device" -- an increasingly popular (among thieves, at least), small machine that scans and stores debit card numbers. The "skimming device" was planted at the ATM by identity thieves, along with a small camera aimed at the ATM's keypad in the hope of capturing (your) personal identification numbers. Once these thieves obtain your debit card number from the "skimming device," along with your PIN number from the hidden camera, these crafty, high-tech thieves can access and drain your bank account and/or life savings in a matter of minutes.

Kevin Doll, spokesman for the Pasco County Sheriff's Office, said this is the first report he's heard of a "skimming device" being used in the county in his 12-year-career.

After reviewing the actual Bank of America ATM video, Pasco County Detectives have determined that someone wearing a hat and driving what appeared to be a Dodge minivan installed the "skimming device" at 8:35 a.m. last Saturday. Working in tandem, a second suspect wearing a baseball cap followed in a four-door BMW.

Less than ten (10) minutes later, the suspicious (and wise) Bank of America customer removed the "skimming device" and more than likely prevented numerous weekend, drive-thru ATM bankers from becoming victimized by this scam

According to the Pasco County Sheriff's Office, the two (2) suspects returned to the ATM machine at 9:45 a.m. and removed the camera, which the customer didn't notice. The camera, without the "skimming device," is useless -- and vice versa, said Detective Natalie McSwane of the Economic Crimes Unit at the Pasco County Sheriff's Office. McSwane said these "skimming devices" are installed quickly and, unfortunately, are available for purchase online (Please finish this well-intended article before trying to find one online).

To protect yourself from thieves, McSwane said to "look for devices on ATMs and other card-swiping machines."

"If it removes, then it's probably not supposed to be there," she said.

She also urged people to always shield their PINs when entering them on keypads -- at ATMs, gas stations, grocery stores, etc., even if no one seems to be watching.

Anyone who knows anything about this case or who might have witnessed suspicious activity at this New Port Richey Bank of America branch last Saturday morning is asked to call Detective McSwane at 1-800-854-2862.

Please be safe out there and follow these tips to avoid falling prey to this and other types of Identity Theft scams.

Continue reading "TAMPA BAY AREA: Skimming Devices are Being Found at Local Tampa Bay Area ATM Machines" »

A Los Angeles Superior Court judge denied a defense motion on Monday by a "reality television star" accused of burglarizing the home of actor Orlando Bloom to have her statements to police barred from her upcoming trial.

Alexis Neiers, 18, testified that she did not understand her Miranda rights to remain silent and have an attorney present for her interviews.

Neiers' attorneys argued that she repeatedly asked for an attorney while being questioned by police at her home and at a police station after her arrest last year.

However, Judge Leslie A. Swain disagreed, saying a videotape of Neiers' interview showed that she had ample opportunity to invoke her constitutional "right to an attorney." The judge said the statements will be admissible during her upcoming Jury Trial, which is scheduled to begin on May 10th.

Neiers, the star of the E! Entertainment television show Pretty Wild, could face as many as six (6) years in prison if convicted of a sole count of Felony Residential Burglary.

Judge Swain said Neiers turned down plea offers that would have sent her to county jail for a year and would have required her to be on Felony Probation for several years.

"I've never been in that situation before," Neiers testified about her arrest and interview by police. "For me, I didn't really understand."

A transcript of her hour-long interview shows she did not ask for her attorney until late in the session. The transcript shows the detective then stopped questioning her.

Reader's Note: If guilty of burglarizing a celebrity's home, immediately ask for your attorney (do not wait until the end of the interview, after you've confessed to the crime, to invoke your right to counsel!)

Neiers told the judge she answered a detective's questions "because I didn't know any better."

Co-Defendant Nicholas Prugo, the alleged ringleader of the group, is also seeking to have his lengthy statement to a detective ruled inadmissible.

In court filings, Prugo's attorneys argued that his cooperation was so substantial -- and detrimental to his safety -- that seven (7) Felony Residential Burglary charges against him should be dropped.

The Court filings contend that prosecutors have a duty to offer Prugo a "plea deal" that would allow him to avoid jail time. They also contend Prugo only cooperated with police at the advice of his former attorney because he expected a favorable plea deal.

"A criminal case is not a Las Vegas casino and a person does not cooperate with law enforcement gambling on a result," Prugo's current attorney Daniel Horowitz wrote in the motion.

"I do not disagree that cooperating was the right thing to do," Prugo himself wrote in a declaration accompanying the motion. "However, I would not have provided information and cooperation that increased the charges against me and increased my chances of being identified as a 'snitch' or 'rat' without the expectation of a fair plea agreement."

Prugo's Motion states the arrest of Neiers was a direct result of Prugo's statements to police.

In a transcript of her interview with police, Neiers claimed she was drunk (Note to self: "voluntary intoxication is not a valid legal defense in the State of Florida where this author practices) when she went to the actor's home with three (3) other people. She told a detective she didn't take anything from the house.

Four (4) other suspects are charged in burglaries at the homes of Hollywood stars Paris Hilton, Lindsay Lohan and Rachel Bilson.

Continue reading "LOS ANGELES: Celebrity Burglary Trial Will Be "Pretty Wild"" »