Tampa Bay Criminal Defense Lawyer Blog

According to an online story on SunSentinal.com, a Coconut Creek man accused of posing as a doctor and offering free door-to-door "breast exams" has reached a deal with prosecutors, lawyers told a Broward County judge on Tuesday.

Phillip Winikoff, 81, was accused in April 2006 of carrying on the ruse with women at an apartment complex in the 3200 block of Northwest 40th Street in Lauderdale Lakes. Investigators said two (2) women took Winikoff up on the offer, allowed him into their apartments and realized something was amiss only after the phony "breast exams" started.

Winikoff was charged with three (3) Felony counts of Sexual Battery, two (2) counts of Practicing Medicine without a License, two (2) counts of Simple Battery, and one (1) count of Using the Title of Doctor without a License.

If tried and convicted, he could have been sentenced to more than forty-five (45) years in the Florida State Prison system for the Sexual Battery charges and another ten (10) years for Practicing Medicine without a License.

It was not revealed Tuesday whether the deal Winikoff reached with prosecutors will keep him out of prison.

Winikoff, who was in court with a half-dozen family members, was scheduled to enter a plea of either Guilty or No Contest, but by the time the prosecutor and Winikoff's lawyer arrived, Broward Circuit Judge Sandra Perlman said she had a Trial to oversee and needed to reschedule the Winikoff plea. No firm date was set.

At the time of Winikoff's arrest, the Broward County Sheriff's Office said he carried a little black bag to lend credibility to his claim of being a doctor. The first victim, 36 years old at the time, told detectives he started the exam by fondling her breasts, and she knew something was wrong when his hands wandered elsewhere.

By the time the victim called 911, Winikoff had already found a second victim, the Broward County Sheriff's Office said.

LADIES, PLEASE TAKE NOTE: The next time a man shows up on your doorstep claiming to be a doctor who performs free door-to-door "breast exams," think twice about accepting his offer. Yes, even if he's got a black doctor's bag.

Continue reading "FORT LAUDERDALE: Plea Deal Reached in Phoney Breast Exam Scam" »

As reported by BayNews9, Polk County Sheriff Grady Judd is at it again.

In another "cost-cutting" measure, the Polk County Jail will no longer provide free underwear to its inmates.

Normally, when an inmate is booked in the jail, they are given an orange shirt, orange pants and underwear.

In order to save money, Polk County Sheriff Grady Judd has proposed making males inmates pay if they want their "tighty whities."

The cost-saving measure was part of the sheriff's 2011-2012 budget he presented to county commissioners Thursday afternoon. Judd said it will save the county $45,000.

Although women behind bars will still be provided underwear, the men will have to pay.

"For those who don't want to pay, they can let the breeze blow up one leg and out the other," Judd said (in classic Grady Judd fashion).

The idea drew smiles from several county commissioners and laughter from the crowd.

"You and I buy it at the store. So, if they want it, they can buy it," he said. Judd said they are also cutting eleven (11) positions, including six (6) supervisors.

Judd says while his department is doing more with less, his highest priority remains keeping the people of Polk County safe.

Judd said the new policy will not cause the quality of service from the department to go down.

"None of these cuts will keep us from answering the call," Judd said.

FYI -- As for the underwear, it's about $2.50 for briefs and $4.50 for boxers. The choice is up to the inmates.

"We give our inmates choices at our jail," he said.

The new underwear rule will breeze into effect Aug. 1st.

Continue reading "POLK COUNTY: No More Free Underwear for Male Inmates" »

While the Tampa Bay Criminal Defense Lawyer Blog regularly reports on the latest legal trends throughout the State of Florida, I sure hope this doesn't become the latest Florida trend: beating people up and posting videos online.

PALM BAY

Two (2) 15-year-old teens were arrested in Palm Bay after police were tipped to a video of them beating another teen unconscious, according to TCPalm.

In an example of the increasingly voyeuristic behavior people are exhibiting on social media web sites, a pair of 15-year-old boys were arrested because of a video one of them allegedly posted on Facebook showing his friend beating another teenager unconscious.

The 15-year old victim of the beating did not tell his parents or go to the hospital, police say. Rather, police were alerted to the beating and ultimately made the arrests acting off a tip from a witness who saw the video on Facebook.

Police arrested David Wayne Howard Jr. and Anthony Vincent Faiola, both 15. They appeared before a Juvenile court judge Thursday at the Moore Justice Center and were ordered held at the Juvenile Detention Center for twenty one (21) days.

Howard was charged with Aggravated Battery, Resisting Arrest without Violence and Solicitation of Gang Activity.

Faiola was charged with Accessory after the Fact and Resisting Arrest without Violence.

"They were defiant; no remorse," Palm Bay police Officer Kevin Morris said of the teens' demeanor hours after their arrest.

"We believe that they posted the video to promote their gang activities. The victim just made a comment about them belonging to a gang, but it was nothing that deserved this type of retaliation. We're also looking into whether there may be other videos."

Faiola videotaped the beating and it was later posted on Howard's personal Facebook profile page, police said. The incident happened Tuesday, but only surfaced Wednesday after a concerned resident alerted Palm Bay police.

The video shows Howard delivering several successive kicks to the victim's head in front of onlookers, at one point stomping on the boy's head as he lay on the ground. A girl's voice captured on the video is heard saying, "Oh my God," repeatedly while the attack continues.

"(The victim) didn't go to the hospital. In fact, he didn't even tell his family," Morris said.

From the video, officers with the department's Youth Services were able to identify several witnesses to the attack, all who attend Heritage High. The fight reportedly happened on Grandeur Road. Howard's family members later removed the video from his Facebook page, police said.

Law enforcement officials and other experts say the video is the latest example of boldly posted videos, texts or photographs that depict illegal or illicit activity. In 2007, a video of a 12-year-old Brevard County girl being beaten by peers was posted online. Across the nation, fights between teens are being captured on cell phones or other mobile devices and posted on social media sites within minutes.

"It's human nature to act in certain ways. It's just that the technology has changed," Brevard County Assistant State Attorney Wayne Holmes said. "People do things and they want to brag. It's just being carried on in a different way. The fact that it's being thrown on an online media site is no different than the bully in the classroom."

Morris also noted a recent trend of teens, including some in the Palm Bay area, getting together to do "wrestling-style" fights for online video-postings on sites like YouTube, although those cases involve willing participants.

The victim, whose injuries were described as not serious by police, did not want to come forward, primarily out of fear. Police said the incident began when the victim questioned one of the teens about involvement in a gang called "3-2-1," a [very original] name borrowed from Brevard County's area code.

Howard later told police that he had formed the "3-2-1 Boyz" or "3-2-1 Crew " gang and wanted to "beat his .¤.¤." because of derogatory remarks about the group. Police said they tracked Howard to his home on Grandeur Road. The teen ran inside and refused to answer the door for at least 20 minutes before his uncle arrived and ordered him to leave the home, according to police reports.

Howard and Faiola are scheduled for a June 16 trial in Juvenile Court and face one (1) to six (6) years in Juvenile detention. The state attorney's office will review the case to determine whether to charge one or both teens as adults. A conviction as an adult on an Aggravated Battery charge carries a penalty of up to fifteen (15) years in the Florida State Prison system.

WINTER HAVEN

In Winter Haven, a brother and sister, 18 and 16-years-old, were arrested after they were identified in a cellphone video beating a 14-year-old girl, TheLedger.com reports. The girl was thrown to the ground and kicked her in her face, police said. "He did what appears to me like a punter trying to kick a field goal," a Winter Haven police spokeswoman said. "It's really a blessing that she did not get any more injuries than what she had."

Walter Bouiye, 18, of 1695 Marshall Road, in Winter Haven, and his 16-year-old sister were charged in the attack, according to Winter Haven police.

Bouiye was booked Wednesday into Polk County Jail on charges of Child Abuse and Contributing to the Delinquency of a Minor. He remained jailed Thursday in lieu of $1,500 bond.

His sister was charged with Misdemeanor Battery and taken to the Juvenile Detention Center (JDC).

Police withheld her name because she is a Juvenile and charged with a misdemeanor-level crime.

Officers were able to identify the suspects through witnesses at the scene, but the video, later found on online, assisted.

Obviously, the lesson learned from both of these stories is that law enforcement is using social media sources to build criminal cases against suspects throughout the State of Florida. Hopefully, teens will begin to realize this before they ruin their lives over stupid activity.

According to a recent online story in the Bizarre Florida section of the St. Pete Times, a California adult entertainment company is about to make some south Florida husbands pretty upset with Federal lawsuits seeking up to $150,000 in damages (each) for copyright infringement.

As initially reported in the south Florida Sun Sentinel, married men who illegally downloaded the movies "Bootylicious Girls" and "Brazilian Babes" may have a really awkward conversation coming with their wife and/or girlfriend.

Adult entertainment company Elegant Angel filed a series of Federal lawsuits last week against 58 "John Does" in South Florida who allegedly pirated its movies. Elegant Angel, based in Canoga Park, California, has the Internet addresses of the computers used to illegally download the movies and wants Judges to allow it to subpoena the computer owners' names through their Internet service providers (ISP's).

"I firmly believe that everyone has the right to protect their intellectual property," said M. Keith Lipscomb, one of the Miami attorneys for Elegant Angel. "Right now, the adult entertainment industry is being tremendously damaged by the infringement of its copyrights over the Internet."

The adult entertainment industry has become more aggressive within the last year in pursuing copyright cases. In many instances, film companies have filed lawsuits against dozens--even hundreds--of "John Does" at a time, accusing them of downloading videos using BitTorrent, a file-sharing
program.

Continue reading "SOUTH FLORIDA: Online Adult Entertainment Site Goes After 58 "John Does" in South Florida" »

According to an online story on The Street.com, Facebook investment scams are proliferating on the Web and investors should be on the lookout, the securities industry's main self-policing organization warned on Tuesday.

Financial Industry Regulatory Authority (FINRA) warned in a a statement that con-artists have been pitching fake investments in Facebook and other "well-known social media companies." The scams usually take the form of "pre-IPOs", or the sale of unregistered shares in a private company to an investor prior to the initial public offering.

The release notes the Securities and Exchange Commission (SEC) recently settled a civil action against one trader "who allegedly bilked more than 50 U.S. and foreign investors out of more than $9.6 million in a series of pre-IPO scams involving purported shares of Facebook, Google and other well-known companies."

Among the tips FINRA is disseminating to the public, the release urges investors to ask themselves "why would a total stranger tell me about a really great investment opportunity?'"

The warning comes as Wall Street firms like JPMorgan Chase and Goldman Sachs have climbed aboard a mini-Gold Rush in hot, privately-traded social media companies.

Continue reading "NEW YORK: Sharp Rise in Trading Scams on Facebook and Other Social Media Platforms" »

BEWARE: This story, reported in the south Florida Sun-Sentinal is bizarre and twisted and may be inappropriate for those that love animals. OK. You've been warned.

A 40-year-old man has been arrested on a charge of Sexually Assaulting his roommate's dog in Oakland Park, Florida according to the Broward County Sheriff's Office.

Tomas Bautista, of Oakland Park, was taken into custody Thursday evening, on one (1) count of Animal Cruelty, a Third-Degree Felony, said sheriff's spokeswoman Dani Moschella. However, as I learned when handling another disturbing man-on-dog sexual abuse case (while at the Pinellas County State Attorney's Office) Florida is one of about a dozen states with no law specifically banning sex with animals.

The 3-year-old female Chihuahua mix, named Mimi, is recovering, said her owner, Clemente Velasquez, 67, on Friday afternoon. After being treated by a veterinarian, "she is now just lying down on the sofa," Velasquez said. "She's not happy like she normally is."

According to the Broward County Sheriff's Office, Velasquez, who is Bautista's roommate, arrived home Thursday and found Bautista drunk. He told him to go to bed, but Bautista instead went to the backyard. Mimi (the dog) followed him outside.

Soon after, Velasquez heard Mimi yelp, so he grabbed a flashlight and ran outside. He saw his dog running from Bautista and found Bautista passed out with his pants down.

Mimi was bleeding, so Velasquez notified authorities and took her to the Coral Springs Animal Hospital.

On Friday afternoon, Bautista was in Broward's main jail on $2,500 bond.

Hopefully, if no one has done so yet, this story will be posted on www.pet-abuse.com

Continue reading "OAKLAND PARK: Man Arrested for Sexually Assaulting a Dog!! WTF?" »

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" »

Earlier this week, the Sixth Circuit Court of Appeals (a Federal appeals Court) issued a landmark opinion in the criminal case of United States v. Warshak, finding that individuals have "a reasonable expectation of privacy in their email" and that the Fourth Amendment protects email held by an Internet Service Provider (ISP).

In other words, "[t]he government may not compel a commercial ISP to turn over the contents of a subscriber's emails without first obtaining a warrant based on probable cause." United States v. Warshak, et al., No. 08-3997, Slip Op. at 23 (6th Cir. Dec. 14, 2010).

As a criminal defense attorney, I've been asked the following question many times: To what extent can the police secretly view/obtain your private email? This core question, namely - what are the limits of police surveillance - was answered this week by the Sixth Circuit Court of Appeals in a lengthy opinion (that is hyperlinked above).

On one side of the issue, privacy advocates are pleased as punch with the opinion which holds that the government/police must obtain a search warrant based on "probable cause" before it can search emails stored by Internet Service Providers (ISP's).

The case involved a Federal Fraud prosecution of Steven Warshak, an Ohio executive, whose company sold an herbal supplement which was touted for its purported ability to increase a man's, um, physical attributes. Perhaps you've seen a commercial or two for this product?

As part of its Fraud investigation, the United States government obtained about 27,000 private emails from Warshak's Internet Service Providers. Warshak moved to suppress/exclude the emails as evidence, contending that the U.S. government obtained them through an unreasonable search and seizure, in violation of the Fourth Amendment.

People have a "reasonable expectation" that emails will remain private, the Sixth Circuit stated, using some colorful language. "Lovers exchange sweet nothings" and "businessmen swap ambitious plans" all with the click of a mouse button, the Court said. By obtaining access to someone's email, law enforcement agents gain the ability to peer deeply into his activities. . . the Fourth Amendment must keep pace with the inexorable march of technological progress, or its guarantees will wither and perish."

The Sixth Circuit held that Warshak's constitutional rights were violated when investigators obtained his e-mails without a search warrant.

In a minor side note, the Court upheld his convictions. One of Warshak's attorneys, Martin Weinberg, told the Associated Press that the Court's ruling on email-privacy was helpful to his client; however, the Court should have also overturned his convictions.

The Electronic Frontier Foundation hailed the recent Sixth Circuit ruling, saying in a statement that it is the "only federal appellate decision currently on the books that squarely rules on this critically important privacy issue."

The National Association of Criminal Defense Lawyers also weighed in with praise. "Americans expect and deserve protection from government agents who would snoop into their private communications without probable cause and a court order," the group said in a statement.

Please remember, this opinion only applies to "government agents." This opinion will not prevent your wife or girlfriend from snooping into your private email account.

BEWARE.......

Continue reading "Federal Appeals Court Rules that Emails are Protected from Warrantless Searches" »

According to a story published on TampaBay.com this afternoon, Pinellas County Court Judge Henry Andringa refused to lower the $500,000 Bail for former Clearwater Fire Chief Jamie Geer, who was arrested Monday and accused of Capital Sexual Battery (which requires a mandatory LIFE in prison sentence).

The request to lower the Bail came from local attorney Nat Kidder, who previously handled Geer's divorce case and is discussing whether to represent Geer in this serious criminal case. Judge Henry Andringa said Geer could request a Bond Reduction Hearing, in the future, to argue that Geer's bail should be reduced.

"I think everyone concerned is dismayed," Kidder said after the hearing, when asked for his reaction to the charge against the former Clearwater Fire Chief. "Like any citizen, he has the presumption of innocence."

He added: "I have not seen anything other than the basic paperwork. I don't know the quality of the State's evidence."

At the request of Pinellas County prosecutors, Judge Andringa ordered Geer not to have any contact with the girl in the case. Geer is accused of sexually abusing her for years, starting when she was 8 or 9. She is now 17.

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.

According to an online St. Pete Times story, Clearwater Police Department (CWPD) detectives seized more than eighty (80) computerized gaming machines and a new car last week after executing a search warrant at what authorities called an illegal gambling operation on U.S. Highway 19 North in Clearwater.

The search and seizure happened around 5:00 p.m. Friday at the Rio Arcade, located at 19042 U.S. Highway 19 North. Clearwater detectives began investigating the business after receiving complaints of illegal gambling. A quick look at the Rio Arcade's website (hyperlinked above) gives the impression that this was more of a casino than an arcade.

Detectives believe the establishment was operating an illegal gambling business with approximately eighty-four (84) gambling computers. During execution of their search warrant on Friday, they seized the computers, $10,000 in cash, a 2011 Hyundai and other electronic equipment.

No arrests have been made, but the Clearwater Police Department has forwarded criminal charges against the owner and several managers to the Pinellas-Pasco State Attorney's Office, which will determine whether to prosecute.

Continue reading "CLEARWATER: Search Warrant Served at Local Arcade for Evidence of Illegal Gambling " »

According to an online story on BayNews9.com this evening, a Florida State University (FSU) student was arrested today on Child Porn Possession charges.

According to authorities, detectives obtained a search warrant for 22-year-old Michael Sendker's home at the Villa del Largo Apartments and that's where they found the suspected child pornography.

Sendker was booked into the Leon County Jail and is now facing twenty eight (28) counts of Possession of Child Pornography.

As many regular readers of this blog already know, this author is a University of Miami School of Law graduate and proud to be a Miami Hurricane!!

Continue reading "TALLAHASSEE: FSU Student Arrested for 28 Counts of Possession of Child Pornography" »

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" »

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" »