Tampa Bay Criminal Defense Lawyer Blog

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"" »