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 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" »

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.

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"" »

Tampa Bay Buccaneers cornerback Aqib Talib has applied to enter a Pre-Trial Intervention (PTI) program as a way of resolving his misdemeanor Battery charge.

The Pinellas County State Attorney's Office is reviewing his application and should know within a few weeks if Talib will be accepted into the program.

The State's Pre-Trial Intervention (PTI) program is usually reserved for first-time, non-violent offenders. If accepted into the State of Florida's PTI program, Talib will most likely be ordered to attend an anger management class and/or perform some community service hours. However, if Talib successfully completes the twelve (12) month program, the State Attorney's Office will dismiss the criminal charge against him.

Talib was arrested August 19th after the Florida Highway Patrol said he hit cab driver David Duggan in the neck and ear with a closed fist while riding from a St. Petersburg club to a Tampa hotel. For more information on this case, please check out the initial TBCDLB post from October 22, 2009.

Continue reading "CLEARWATER: Aqib Talib Applies for Pre-Trial Intervention (PTI) Program" »

As we enter another Holiday Season, the SLAVIN LAW FIRM would like to wish you and yours a Happy and Safe Holiday weekend.

With the support of all of our friends, family and clients, 2009 was another excellent year for the SLAVIN LAW FIRM. And for that, we have much to be thankful for this Holiday Season.

To our family and friends, thank you for your patience and understanding when it was necessary to work late nights and/or weekends.

To our business colleagues and our outstanding network of fellow attorneys, thank you for not only your referrals but for the trust that you have placed in the SLAVIN LAW FIRM to provide an experienced and aggressive representation to those that you've sent our way.

And to both our former and present clients, thank you for the trust that you have placed in the SLAVIN LAW FIRM to protect your rights and to handle your important criminal and/or traffic-related matters.

On behalf of the entire SLAVIN LAW FIRM team, have a Happy, Healthy and Safe Holiday Season.

Continue reading "CLEARWATER: Happy Holidays from the Slavin Law Firm" »

A disgraced Illinois insurance executive pleaded guilty Tuesday, in Los Angeles, California, to secretly shooting nude videos of ESPN reporter Erin Andrews, who repeatedly called her stalker a "sexual predator" and said she hopes he "never sees the light of day," says The Associated Press in a recent USA Today article.

Michael David Barrett pleaded guilty to Interstate Stalking after Andrews urged the judge to give him a harsh sentence and not allow him out on bail.

"His actions have had a devastating impact on me and family," said Andrews, who attended the hearing with her father and attorney.

She said she is constantly reminded that Barrett's videos appeared online and subjected her to cruel taunts from sports fans while working as a sideline reporter.

"I don't know him," she said. "I haven't met him. I hope he never sees the light of day."

U.S. District Judge Manuel Real allowed Barrett to remain free pending sentencing on Feb. 22.

According to a plea deal filed last week, Federal prosecutors and Barrett agreed to a 27-month prison sentence. But the judge will decide how long he serves and how much restitution he will have to pay Andrews.

Barrett has admitted renting hotel rooms next to Andrews three (3) times and shooting two (2) videos of her while she was naked. He was accused of posting the videos online and trying to sell them to the Los Angeles-based celebrity gossip site TMZ this year.

Andrews was poised as she addressed the court. She looked down at times as Real read the allegations against Barrett, which included details of him traveling to follow Andrews. She shook her head when Real read about Barrett buying information about Andrews online, and dabbed tears after Barrett entered his guilty plea.

Barrett stood at a podium for the nearly ten (10) minutes it took to read the allegations against him. He repeatedly answered, "Yes, your Honor" when Real asked him to waive his rights and confirm the truthfulness of the allegations.

Federal Prosecutors in Los Angeles have agreed not to pursue further charges against Barrett. However, he could face criminal action in other states stemming from other videos he allegedly shot of unsuspecting nude women through peepholes.

Continue reading "LOS ANGELES, CA: Erin Andrews Seeks Harsh Sentence Against Video Stalker" »

The Pinellas County State Attorney's Office said it plans to file formal charges against Tampa Bay Buccaneers cornerback Aqib Talib.

Talib is accused of hitting a cab driver in August. He will face a misdemeanor Battery charge stemming from the August incident where a cab driver said he was punched by the Bucs player and former first round draft pick. A second charge of Resisting Arrest without Violence has been dropped by the Pinellas County State Attorney's Office.

The State Attorney's Office said they have enough evidence to charge Talib. He will be formally arraigned in a few weeks. The misdemeanor Battery charge is punishable by up to one year in the Pinellas County Jail or one year of probation with up to a $1,000 Fine. Talib's attorney, Ronald Hanes, has indicated that his client will plead Not Guilty.

The Buccaneers are leaving for England on Friday to prepare for their game with New England on Sunday in London. There are no special stipulations that would prevent him from traveling with the team, as he is not considered to be a flight risk.

Continue reading "PINELLAS COUNTY: Bucs Cornerback Aqib Talib Charged with Battery" »

Another week has passed and another NFL star has given me something to blog about. We can now add San Diego Charger Shawne Merriman's case to the list of celebrity athletes that the SLAVIN LAW FIRM in Clearwater will be following. For more information on the alleged Domestic Battery and False Imprisonment charges, committed upon MTV reality star Tila "Tequila" Nguyen, you can check out the full story online at CNN.com.

According to the CNN story, Tila Tequila told deputies that she had been choked and physically restrained by Merriman when she attempted to leave his residence in suburban San Diego at approximately 3:45 a.m. Sunday morning.

Merriman's attorney, Todd Macaluso, has indicated that Nguyen was "extremely intoxicated and inebriated" and that his client had made arrangements for her to leave his house. However, the district attorney's office will determine whether criminal charges will be pursued.

As "Tila Tequila," Nguyen starred on the MTV reality shows "A Shot at Love with Tila Tequilqa" in 2007 and "A Shot at Love 2 with Tila Tequila" in 2008.

Merriman, who has made three Pro Bowls, is entering his fifth year with the San Diego Charges after playing college football at my alma mater: the University of Maryland @ College Park.

Continue reading "NFL Star Shawne Merriman Arrested, Accused of Choking Tila Tequila" »

After posting a recent blog entry on NFL wide receiver Donte' Stallworth's 30 day jail sentence for the crime of DUI Manslaughter, I feel compelled to discuss the recent plea agreement that was entered into by New York Giants wide receiver Plaxico Burress. Facing a likely 3 1/2 year prison sentence, Burress pled guilty to one count of attempted criminal possession of a weapon, a lesser charge than the one he was facing after accidentally shooting himself in the thigh while inside the Latin Quarter nightclub in Manhattan in late November 2008.

The firearm which Burress was carrying was not registered in the State of New York, or the State of New Jersey (where Burress lives). Burress previously had a Carrying a Concealed Weapon permit in the State of Florida; however, that license expired in May of 2008.

Unlike the favorable treatment that was received by Donte' Stallworth during his DUI Manslaughter case in Miami-Dade County (as previously discussed in this blog on August 4, 2009), Burress certainly was not given any special and/or favorable treatment by the Manhattan District Attorney's Office. In fact, his high-profile attorney, Benjamin Brafman stated "If Plaxico Burress were not a high-profile individual, there never would be a case." Brafman also stated that, "If he were just John Q Public, he would have walked out of the club and he never would have been arrested."

When comparing the two cases, it is obvious that Stallworth and Burress were not treated equally. In fact, aside from the fact that both cases involved NFL-star wide receivers, the only commonality between the two cases is that they both prove (once again) just how easy it is to ruin a very successful career, in a matter of seconds, when alcohol is involved and poor choices are made. Attorney Brafman called the case "a perfect example of how bad judgment can have very serious consequences."

I couldn't agree more.

Continue reading "How Does Giants WR Plaxico Burress Get Two Years in Prison When Donte' Stallworth Only Got 30 Days in Jail for DUI Manslaughter?" »

For all of you Tampa Bay Buccaneer fans out there.... this story has got to drive you crazy. Last year's first round draft pick, Aqib Talib, who plays cornerback for the Bucs, was arrested early this morning for Battery and Resisting Arrest Without Violence after he allegedly struck a cab driver in the neck and ear while riding from a St. Petersburg club to a Tampa hotel.

For the complete story, check out today's St. Petersburg Times article.

This is not the first time that Talib's behavior has been called into question. In May, Talib was involved in a fight during a Bucs practice in which he hit his teammate Torrie Cox, as well as a bystander, with his helmet. Talib was actually trying to hit teammate Donald Penn. Cox, who was attempting to break up the fight, received multiple stiches in his face.

Talib was also involved in a fight with then-teammate Cory Boyd at the NFL's Rookie Symposium last year. Coincidentally, one of the topics discussed at the Symposium was "personal conduct."

In college, at the University of Kansas, Talib reportedly tested positive for marijuana multiple times. This unfortunate news for the Bucs comes just days after Safety Tanard Jackson was suspended by the NFL for four (4) games for violating the league's substance-abuse policy.

Continue reading "Tampa Bay Buccaneer Aqib Talib Arrested in Pinellas County for Battery on Cab Driver" »

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.

As a Pinellas County prosecutor, I personally handled dozens of DUI Manslaughter and traffic-related homicides. 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, I cannot 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 SLAVIN LAW FIRM, 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:

Continue reading "Was Justice Served in NFL Star Donte' Stallworth's DUI Manslaughter Plea Deal?" »