Tampa Bay Criminal Defense Lawyer Blog

The widely-reported case against former Speaker of the House Ray Sansom came to an abrupt end on Friday when State prosecutors dropped all criminal charges.

In a dramatic end to a Jury Trial nearly two (2) years in the making, criminal charges against Sansom were dropped, in Court, Friday after prosecutors said a judge limited evidence of an alleged Conspiracy to get $6 million in state funding for an airport building a developer wanted to use.

Flanked by friends and his lawyers, Sansom, 48, said it was vindication.

"First I want to thank God," he said, then praised his attorneys. "When I first met with them, they said 'Ray, the truth will set you free' and we saw that today."

Asked if he would have done anything differently, Sansom replied, "absolutely not."

Leon County State Attorney Willie Meggs also dropped the case against Sansom's co-defendant, developer Jay Odom. Both men had been charged with Grand Theft and Conspiracy to Commit Grand Theft. According to the prosecution, the $6 million was steered to Northwest Florida State College, where Sansom took a job (coincidentally) on the same day he was sworn in as speaker of the Florida House in 2008 .

Sansom and Odom agreed to pay about $103,000 each to Northwest Florida State College -- two-thirds of the amount the college spent on planning the airport building. The trustees scrapped the project after Grand Jury indictments were handed down in April 2009 and then-Governor Charlie Crist asked for the money back.

The State's case unraveled on the fifth day of Sansom's Jury Trial, just before a lunch break.

The jury was out and defense lawyers raised objections to testimony State Attorney Meggs planned to introduce to establish a Conspiracy. He was going to bring up a key witness, former college president Bob Richburg, who was also criminally charged but two (2) weeks ago agreed to testify (otherwise known as "snitch") against Sansom and Odom.

Richburg, Meggs later said, would have described conversations with Sansom and Odom about the airport project prior to Sansom getting the money. Meggs also planned to introduce e-mails showing conversations about the building.

But the defense mounted a challenge, saying the state had to prove there was an illegal agreement.

"There's no evidence of conspiracy because there's no evidence of an illegal agreement," attorney Larry Simpson said.

After a lengthy discussion, Circuit Judge Terry Lewis said, "I don't think you have enough to show a conspiracy." He said several college employees and an architect said they were aware of the private use.

Meggs had argued that college trustees did not (two testified during the trial) and neither did other legislators.

But if he could not lay the ground for the conspiracy -- the planning for a hangar and attempts to conceal its nature that he said were clear before Sansom got the money -- Meggs said his case was damaged.

What's more, Meggs said he was limited because the proposed jury instructions would have said, "the passage of legislation, including an appropriations bill, by itself, cannot constitute theft by any of the defendants."

So during lunch, Meggs offered "a plea deal" to both defendants. He would drop the charges if they agreed to wrongdoing, did community service and paid restitution (otherwise known as buying their way out of the criminal charges?).

In the end, Sansom and Odom only agreed to pay the money, and Sansom's attorney, Steve Dobson, said his client resisted that as well. Sansom blamed Meggs and the news media.

Dobson declared, "They were not guilty."

Meggs maintained there was wrongdoing and attributed the defeat to "fundamental" differences in understanding of conspiracy law with Lewis.

"I agree the State was not able to carry its burden of establishing a conspiracy with the court," Meggs said. "And so if I can't establish a conspiracy with the court before the appropriation, I can't get in statements of co-conspirators after the appropriation. And that's what all our evidence is about, is what they did after the appropriation was put into place."

The trial started Monday and more than a dozen witnesses had testified for the State of Florida, leading up to its primary witness, Richburg, who agreed March 11 to testify for the prosecution ("turn State's evidence").

Meggs had argued that the three (3) men worked together to accomplish Odom's goal of getting an airplane hangar then worked to conceal it as an educational facility, contending that college officials scrambled to find a use for the building and even then planned to use half of the space. Meggs presented documents and testimony showing the bulk was for a hangar.

Noting that Meggs first charged the men with Official Misconduct then changed it to Grand Theft after the charges were mostly gutted in court, Dobson said, "I would say the state attorney lost big time."

As if this wasted prosecution hasn't cost the citizens of the State of Florida enough already, Florida law allows a public official who is charged with a crime to seek payment of legal fees if he's not convicted when the charges arose from his public duties. Dobson said he plans to seek payment from the Legislature.

Dobson said he did not know yet what the total fees would be but "because of Mr. Meggs' dogged pursuit, it's going to be big."

Federal investigators have been looking at some aspect of Sansom and Odom's dealings (an FBI agent sat in on some of the depositions of witnesses in the state case). Asked about that, Dobson said "if they are charged in Federal Court, we'll fight that, too. If I am retained."

I particularly love how that last quote was quickly modified...

Continue reading "TALLAHASSEE: State Drops Charges Against Ray Sansom in Middle of Jury Trial" »

Authorities in California say actress Jaime Pressly has been arrested in Santa Monica for investigation of Driving Under the Influence of alcohol.

Lt. Darrell Lowe says the co-star of TV's My Name is Earl was stopped for a Traffic Violation around 11:00 p.m. Wednesday and booked on suspicion of DUI but he's not releasing any details.

The Los Angeles County sheriff's website says the 33-year-old actress-model spent the night in jail and was released Thursday morning after posting $15,000 bail.

According to an online story several days later on The Huffington Post, Jaime Pressly's DUI arrest on January 5th was no close call -- the My Name Is Earl star registered a .22 blood alcohol level, nearly three (3) times the legal limit.

According to a story on ESPN.com, a Florida International University (FIU) baseball player with a record-setting 56-game hitting streak has been charged with Rape in the Bahamas, court officials in the islands' capital said Monday.

Garrett Wittels is accused of raping a 17-year-old teenage tourist on December 20th while on a visit to the archipelago east of Florida. The 20-year-old infielder ended last season with the second-longest hitting streak in NCAA Division I history, two behind the 58-game run by former Oklahoma State star and Major Leaguer, Robin Ventura, in 1987.

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Two (2) of Wittels' friends also face Rape Charges, officials said.

Robert Rothschild, 21, of New York, was accused of raping two 17-year-old girls, while Jonathan Oberti, 21, also of New York, was charged with raping one, according to Bahamian court officials.

Chief Magistrate Roger Gomez granted Wittels and the two others $10,000 Bail at their Thursday arraignment in Nassau. The U.S. suspects were not required to enter pleas and returned to the United States.

It is unclear how, or if, the charge would affect Wittels' status with the FIU program. FIU begins its baseball season February 18th and its first three (3) games are set to be televised while Wittels continues his chase of Ventura's record.

Magistrate Derence Rolle-Davis will begin a preliminary inquiry on April 18th to determine if there is enough evidence for the case to go to Trial. By then, FIU's season will be more than half over.

Wittels, who set school and Sun Belt Conference records with his streak in 2010, did not respond to a message seeking comment sent to his Facebook account. He posted congratulatory messages on his Twitter feed Sunday night after FIU's football team beat Toledo to win the Little Caesars Bowl in Detroit -- the first bowl win for the Golden Panthers' football program -- but no mention of the legal matters.

Wittels tweeted on Dec. 18 that he was going to the Atlantis Resort in the Bahamas for several days.

Wittels' father, an orthopedist, told The Miami Herald that his son would be vindicated. He said his son was "devastated" by the allegations.

"Anyone can accuse anyone of anything at any time," Michael Wittels told the Miami newspaper during a Monday morning phone interview. "He's not doing well, obviously. He's blown away. He's devastated that someone would accuse him of this."

Michael Wittels, whose telephone appeared to be disconnected later Monday, told the newspaper that his son and his friends met the two girls at a casino and they later went to a private party. The girls apparently described themselves as students at the University of Arkansas, he said.

In the Bahamas, the maximum penalty for a first-time rape offender is seven (7) years in prison.

Continue reading "MIAMI: Florida International University Baseball Star, Garrett Wittels, Faces Rape Charge" »

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, 2010 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.

As many of you know, 2010 presented some different challenges for the SLAVIN LAW FIRM. Without your support, we would not have been able to achieve the many successes that came our way.

On behalf of the entire SLAVIN LAW FIRM team (Pam, Eryn, Oatie and myself), have a Happy, Healthy and Safe Holiday Season.

As always, attorney Aaron J. Slavin will be available throughout the Holiday Weekend. In fact, we were very grateful to sign up a new Client today and make a Christmas Eve trip to the Pinellas County Jail.

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

Tampa Bay Buccaneers linebacker Geno Hayes was arrested early Monday morning on charges of Disorderly Conduct and Trespassing, according to Hillsborough County jail records.

Hayes, 23, was jailed shortly after his 2:00 a.m. arrest at the Blue Martini, 2223 North Westshore Boulevard in the International Plaza mall. The alleged incident happened hours after the Bucs defeated the Washington Redskins Sunday afternoon.

According ot the St. Pete Times story, police used a Taser ("don't tase' me bro") on Hayes after he became aggressive with police during an incident that started with another man. Hayes overheard a security guard wouldn't let his friend into the lounge for being under-dressed. Police said Hayes pushed a police officer out of the way to stand between her and two (2) disruptive men.

Police said the man denied entry was verbally abusive, and police directed Hayes back into the lounge and forced the other men to leave.

Instead, police said Hayes stayed at the lounge entrance, "menacingly staring" at the officers and guards who made his friends leave. Police eventually led him to the parking lot and told him not to return or he could be arrested for continuing disorderly behavior.

Hayes was back ten (10) minutes later. He said he'd left his credit card, and police told him to sit at a nearby store while a friend looked for the card.

Bar employees told police they overheard Hayes saying, "B-tch a-- cop. You ain't gonna do nothing. I ain't leaving. I don't have to leave."

[ Note to readers: This is where things went wrong. Do NOT do this!! ]

An officer ended up using a Taser on Hayes because he continued to be combative and refused to leave, police said. His thick clothing made the device ineffective, and an officer tackled and handcuffed Hayes.

Hayes, a 6-foot-1, 226-pound former Florida State University standout, was drafted by the Bucs in 2008 and began starting games in 2009, replacing Derrick Brooks. He has started all 13 games this season, amassing 61 tackles, one sack, one forced fumble and an interception.

According to a BayNews9.com story this morning, WikiLeaks founder Julian Assange was arrested Tuesday in London on a Swedish warrant, London's Metropolitan Police said.

Assange was arrested at a London police station at 9:30 a.m. (4:30 a.m. EST) and will appear at the City of Westminster Magistrate's Court later in the day, police said.

Swedish authorities had issued the warrant for Assange so they can talk to him about allegations of Sex Crimes unrelated to WikiLeaks' recent disclosure of secret U.S. documents.

Assange's British lawyer, Mark Stephens, said his client would fight extradition to Sweden, according to Britain's Press Association. The court now has roughly twenty-one (21) days to decide whether to order his extradition, said Mark Ellis, executive director of the International Bar Association.

Assange, a 39-year-old Australian, has said he has long feared retribution for his website's disclosures and has called the rape allegations against him a smear campaign.

Sweden first issued the arrest warrant for Assange in November, saying he is suspected of one (1) count of Rape, two (2) counts of Sexual Molestation and one (1) count of Unlawful Coercion -- or illegal use of force -- allegedly committed in August.

In breaking news early this morning, Tampa Bay Buccaneers standout rookie wide receiver Mike Williams was arrested and charged with Driving Under the Influence by the Hillsborough County Sheriff's Office (HCSO)

According to an online story by The Tampa Tribune, Hillsborough County Sheriff's Office (HCSO) deputies arrested Williams at U.S. Highway 301 and Causeway Boulevard at 2:48 a.m. He was arrested even though his blood alcohol level was lower than the level at which a motorist is considered too intoxicated to drive.

*** For an interesting tool to determine how much is "too much" to drink, you can check out the following link on the Slavin Law Firm website. ***

Williams was driving 57 mph in a 45-mph zone, weaving in and out of lanes, Hillsborough sheriff's spokesman Larry McKinnon said.

When Williams agreed to sobriety tests (otherwise known as "Field Sobriety Exercises") at the traffic stop, deputies saw "signs of impairment," McKinnon said.

However, subsequenty breath tests showed Williams had blood-alcohol levels of 0.065 and 0.061. In Florida, drivers are presumed drunk at 0.08. The blood-alcohol tests were taken at Orient Road Jail.

This author would note that it is a common misbelief that anyone that blows below a .08 will have their DUI charge dismissed or reduced. In fact, Florida law "presumes" that someone who blows above a .08 is "impaired." Florida law also "presumes" that someone that blows below a .05 is not impaired. However, there is no presumption on a breat test result between .05 and .08. Therefore, other facts will be considered such as the result of Williams' pending urine analysis.

"But even before they take the breath test, deputies usually have enough probable cause for a DUI," McKinnon said. "That breath test may come back double zero. People have refused the breath test and still got arrested. It only measures alcohol. It won't register illegal or prescription drugs."

"People think, 'If I blow below a 0.08, hey, I'm scot-free,'" McKinnon said. "But I could take four (4) shots of NyQuil and be below it, too. Any type of chemical substance you ingest that impairs your ability to drive, you can get arrested."

Deputies reported that Williams "smelled of alcohol" and had "glassy eyes" (pretty common indicators of impairment that we see on a daily basis in DUI police reports).

Williams was released from Orient Road Jail at 8:04 a.m. today after posting $500 bail.

"We are in the process of gathering all the facts," Bucs general manager Mark Dominik said. "Mike has been very cooperative."

Although Dominik would not comment further, Williams was expected to travel with the team today to San Francisco and will likely play against the 49ers on Sunday.

Williams was a fourth-round pick out of Syracuse and was named a starter going into the season. He was considered a first-round talent in last April's NFL draft, but his stock slipped as concerns about his character arose.

While at Syracuse, Williams was forced to serve an academic suspension that came amid allegations he cheated on a test. He also received a one-game suspension in 2009 for breaking team rules and later quit the team in November of that year.

Earlier this year, Dominik said he was confident Williams' problems were in the past.

"I wouldn't bring somebody in here if I didn't feel comfortable about it," Dominik said at the time. "I don't think anybody spent more time with this kid than the Buccaneers did, and I think we're going to reap the rewards for it."

This is the second Bucs players to be arrested within the last thirty (30) days.

Tight end Jerramy Stevens was arrested Oct. 23 on charges of Possession of Marijuana with Intent to Sell and Possession of Marijuana, both Felonies, and Possession of Drug Paraphernalia, a misdemeanor. He had thirty-eight (38) grams of marijuana on his possession and was close to the team hotel at the time of his arrest. Stevens was released by the Buccaneers a few days after his arrest.

More than one (1) month after a Federal jury deadlocked in his Cocaine Trafficking trial, Jamaican reggae singer Buju Banton walked out of the Pinellas County Jail today after a judge ordered his release under strict conditions.

Banton, whose real name is Mark Myrie, declined comment and covered his face as he left jail and headed home to South Florida.

He had been behind bars since his arrest in December. A Federal judge declared a mistrial September 27th after jurors couldn't agree on a verdict. Banton is scheduled to be tried again in February.

"We're thrilled that Buju will have some time to regroup before we try this case again," defense attorney David Oscar Markus said.

As a condition of Banton's release, his friend Stephen Marley, a musician and son of reggae icon Bob Marley, posted $300,000 worth of equity in his South Florida home.

Last month, U.S. Magistrate Anthony Porcelli ruled that Banton could be released under stringent conditions. U.S. District Judge James Moody last week denied a prosecution appeal of Porcelli's ruling.

Under the terms of Banton's bond, he must pay a private security detail to guard him so he doesn't flee. He also was required to sign an extradition waiver (ensuring his return if he does flee the country) and he will have to wear an electronic monitoring device.

Two (2) men indicted along with Banton, including the singer's driver, have pleaded Guilty and are awaiting Sentencing.

Banton maintains he was set up by a well-paid government informant.

However, Federal prosecutors have argued that recorded conversations show Banton was an experienced Cocaine Trafficker who was trying to invest in another deal

Continue reading "CLEARWATER/TAMPA: Reggae Singer Buju Banton Released from Pinellas County Jail Pending Retrial" »

Not good news for Bucs fans as they woke up this morning and got ready for a 1:00 p.m. kickoff against the St. Louis Rams at Raymond James in Tampa.

Bucs Tight End Jerramy Stevens, 30, was arrested (again) and charged with Felony Possession of Marijuana with Intent to Sell, Felony Possession of Marijuana (over 20 grams) and a Misdemeanor of Possession of Drug Paraphernalia, according to authorities with the Tampa Police Department. A copy of Stevens' Hillsborough County Sheriff's Office Booking Sheet has been hyperlinked to this blog.

"Obviously Jerramy won't be playing today," said Jonathan Grella, the director of public relations for the Buccaneers, said before the game against the St. Louis Rams in Tampa.

"We are deeply disappointed by the news," Grella said. "We'll treat this matter with the seriousness that it deserves."

A Tampa police Sergeant pulled Stevens over at Cypress Street and West Shore Boulevard just after 7 p.m. for loud music, police said.

After smelling marijuana coming from the inside of the purple 2006 Ford truck, the Sergeant searched it and found thirty eight (38) grams of marijuana (a Felony amount in the State of Florida).

Stevens was arrested and taken to Tampa's Orient Road Jail without incident. He was released on $4,500 bail a few hours later.

Stevens has a history of alcohol-related arrests including a 2007 conviction for Driving Under the Influence (DUI) in Arizona, which resulted in a one-game suspension and a 30-day jail sentence.

Presumably, the NFL will come down harder on Stevens after this arrest. Fortunately, former University of Miami (shameless plug for my law school) star Kellen Winslow is having another standout year.

Continue reading "TAMPA: Bucs Tight End Jerramy Stevens Arrested (Again), This Time for Felony Drug Charges" »

A breaking story on ESPN.com reported that New York Jets wide receiver Braylon Edwards was arrested Tuesday on charges of Driving Under the Influence (DUI) after officers pulled him over because his SUV had "excessive tinting" on its windows, police said.

Officers on the lookout for minor Traffic Violations like excessive tinting or missing registration stickers pulled over Edwards' Land Rover on Manhattan's West Side at about 5:15 a.m. and noticed a "strong smell of alcohol," chief NYPD spokesman Paul Browne said.

Edwards was given a breath test at the scene and another at a police station. His blood alcohol level was .16, twice the .08 legal limit. There were four (4) other people in the SUV at the time.

The Jets expressed their disappointment in the receiver in a statement Tuesday from general manager Mike Tannenbaum.

"We are very disappointed in Braylon's actions this morning. The Player Protect program is in place for our organization to prevent this situation. Braylon is aware of this program and showed poor judgment," Tannenbaum said.

"We are reviewing the information with the league and will impose the appropriate disciplinary measures."

The Player Protect program provides a 24-hour driving service exclusively for professional athletes. The company also provides security, if requested, from current or former law-enforcement agents.

If a player wants a lift home, he can call anytime and will be driven home in a luxury SUV or a Mercedes limo or an executive limo van.

The Jets, through their player development program, distributed leaflets on the Player Protect program to every player on the team. It informs them they aren't charged for the service, and the club picks up the expense.

Edwards caught a touchdown pass as well as a two-point conversion on Sunday in the Jets' 28-14 victory against the New England Patriots.

Edwards' attorney, Peter Frankel, acknowledged that the specifics of the case as laid out by authorities were accurate, saying: "That's my understanding, yes." But he quickly added: "I can't really get into anything that happened."

Frankel, who represented imprisoned former Giants wide receiver Plaxico Burress in his attempt to gain work release, said Edwards would not be available to the media. "We just want to get him out," he said. "I'm sure he's absolutely exhausted and he wants to go back to his home and his teammates."

During his weekly spot on WFAN-AM on Tuesday morning, Jets wide receiver Jerricho Cotchery said Edwards attended a Monday night event in support of Cotchery's nonprofit foundation benefiting underprivileged youth in Manhattan.

Cotchery said several teammates were there, and the event ran from 6:30 p.m. until 9:30 p.m. on Manhattan's West Side.

It's not clear where Edwards was coming from when he was pulled over.

Pending the outcome of his New York City DUI case, Edwards may have to return to Cleveland to face a possible Violation of Probation, which could carry jail time.

On a side note: Being a Jets fan is not easy...

Continue reading "NEW YORK CITY: Jets WR Braylon Edwards Arrested for DUI " »

According to ESPN.com, Florida wide receiver Chris Rainey was arrested Tuesday for Aggravated Stalking, a Third-Degree Felony (punishable by up to five (5) years in prison), for allegedly sending a former girlfriend a threatening text message.

The school did not announce any disciplinary action against the 5-foot-9 Junior, but offensive coordinator Steve Addazio said, "Chris Rainey is not a part of our team right now. That's really all I have to say on that."

Florida coach Urban Meyer met with reporters on Wednesday and said, "There will be further evaluation as we go. The immediacy of it is that he's not with our team."

Meyer would not speculate how long Rainey would be out. Rainey was released from the Alachua County Jail on his own recognizance (ROR) and ordered to have no contact with the alleged victim.

The alleged victim also was in Court with her mother and sister. The woman told Judge Denise R. Ferrero she does not fear Rainey but was concerned about retribution from the public following all the media attention.

She also asked for the charges to be dropped. However, in the State of Florida, Domestic Violence charges can be filed by the State Attorney's Office even if the victim is uncooperative or does not want to prosecute. Florida has what's known as a "pro-prosecution" domestic violence policy.

"I did not want to have him arrested," she said. "When the police came, I signed papers to not press any charges. I don't fear for my safety. ... People all over the country have been calling my cell phone. I'm not afraid of him. I'm more afraid of all the repercussions."

According to the Gainesville Police Department, Rainey sent the woman he dated on-and-off the last three (3) years a text message that read: "Time to die, bitch" after leaving her home.

Officer Jesse Bostick said the woman fell asleep and missed a call from Rainey. Rainey then went to her home, they talked and she told him to leave. According to Bostick, the woman got the text a short time later and called police.

Rainey's attorney, Huntley Johnson, told The Associated Press that his client was "overcharged by the arresting agency."

"My early sense is this will be something less than a Third Fegree Felony," Johnson said. "I think this will turn out to be what I think this is, which is something minor. I don't think that the [state] statute was intended for this kind of thing."

I tend to agree with Rainey's attorney about this charge. "Aggravated Stalking" would require conduct on Rainey's part that was willful, malicious and repeated. In my opinion, one text message, even of this nature, falls short of this Felony offense.

Johnson called Rainey a "terrific kid who works his rear end off" in the classroom and on the football field and added that he hopes Rainey will be reinstated this season.

"I think this is something that will pass," Johnson said. "He never intended for this to happen nor would he ever hurt this woman. He cares deeply about this woman. He didn't handle it like he should have. He knows that. Hopefully this will end up being a bump in the road."

Florida will likely be without Rainey at Tennessee on Saturday. State Attorney Bill Cervone told Florida Today that no decisions on the case will be made this week.

Rainey, from nearby Lakeland, Florida has six (6) receptions and a touchdown this season. He's also the team's primary punt returner. He missed the second half of Saturday's game against South Florida (USF) with a concussion.

Rainey also missed practice Monday.

Meyer has suspended other players, including defensive end Carlos Dunlap last season and receiver Frankie Hammond Jr. this summer, immediately following arrests. Rainey is the 27th player arrested during Meyer's six (6) seasons in Gainesville. And they call my school, The University of Miami, "Thug-U?"

Information from The Associated Press and ESPN.com SEC blogger Chris Low was used in this report.

Continue reading "GAINESVILLE: Gators WR Chris Rainey Arrested for Aggravated Stalking" »