Tampa Bay Criminal Defense Lawyer Blog

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

By Sue Carlton

According to a recent story in the St. Petersburg TImes, a 15-year-old boy shoved a teacher into a doorjamb, a boy punched a 12-year-old girl because she said she didn't like him, and a 14-year-old girl slapped and cursed at a younger classmate.

All three (3) of these incidents took place at John Hopkins Middle School, located at 701 16th Street South in St. Petersburg. Each of these three (3) incidents resulted in an arrest of the Juvenile offender.

In each case, a criminal charge was referred to the State Attorney's Office by the St. Petersburg Police Department. And, in each of the three (3) cases, the charge was dropped by the State Attorney's Office.

These cases represent just a small fraction of the eighty-four (84) arrests made on campus from September, 2009 through February, 2010 as officers and school officials try to restore order on the often-chaotic middle school campus.

According to the St. Petersburg Police Department, these cases are indicative of a current trend: Many cases where the St. Petersburg Police Department make an arrest on a Juvenile offender are ultimately dropped (before formal charges are even filed) by the Pinellas County State Attorney's Office.

The reasons for this current trend vary: uncooperative victims, weak cases or the school already punished the student. Even when a student is prosecuted by the State Attorney's Office, Juvenile court judges have limited powers to remove a child from a particular school to prevent future trouble.

According to the St. Pete TImes, "[t]he juvenile system, it seems, can't fix what ails John Hopkins" Middle School.

"Does every bump in the hallway, every word that starts flying, does it belong down here in the Juvenile justice system?" said Joe Walker, Juvenile Division Director for the Pinellas-Pasco State Attorney's Office, "or is this something that can be handled by the family, by the school system? That's the question."

The State Attorney's Office won't comment on specific criminal cases connected to disciplinary problems at John Hopkins Middle School. Furthermore, Juvenile court records are not public record.

"Every case, every one of them is different," Walker said, "and they all have unique facts about them, and it's our job to evaluate them to see if they can get to the level of successful prosecution."

Walker said that school administrators have far more leeway to discipline and rein in students than the criminal justice system. "There's a lot of remedies available to a principal," he said.

Prosecutors, he said, have a higher burden of proof in Juvenile Court than arresting officers.

The purpose of the Juvenile justice system, in Florida at least, is to treat and rehabilitate first and punish them later -- much later -- if ever. And, as far as this author can tell, the Juvenile justice system is not keeping up with or sufficiently scaring the high-risk Juvenile offender.

Until the courts decide to "punish" Juvenile offenders, rather than providing them with a "slap on the wrist" and/or sending them to a Juvenile program (also known as "summer camp"), the Juvenile crime rate in the city of St. Petersburg and greater Pinellas County will continue to rise.

Until then, lock your car and make sure that you have a good alarm system in your home....

Continue reading "ST. PETE: Juvenile Arrests at John Hopkins Middle School are Often Dropped by the State of Florida" »

Christy Lynn Martin, a former Azalea Middle School teacher, was sentenced to five (5) years probation Tuesday for "sexting" an eighth grade student, according to the St. Pete Times.

Martin, 33, pleaded guilty to Transmitting Pornographic Images through an Electronic Device and Transmitting Material Harmful to a Minor. In exchange for her guilty plea, she was sentenced to probation, will have to register as a Sex Offender, wear an electronic monitor and undergo therapy.

The charges stem from Martin's relationship with an eighth-grade boy. According to authorities, they called each other "husband" and "wife," kissed each other and sent each other cell phone photos of their private parts.

They did not have sex and did not see each other outside of school, according to information contained in a search warrant related to the case.

"I realize how wrong I was," Martin said in court Tuesday, wearing a pale pink sweater, hair pulled into a ponytail. "I accept full responsibility for my behavior.... I am extremely ashamed and remorseful for my actions."

Martin was arrested in March and had been out of jail on bond.

According to the search warrant, the boy, then 14, said he took two photos of himself on his silver Samsung Messenger cell phone, and the teacher admitted taking three photos of herself on her red Sprint cell phone.

The boy sent his photos to Martin, and Martin acknowledged receiving them. She also admitted sending the photos of herself, but officials deleted the name of the recipient. Photos of a woman's genitals did appear on the boy's cell phone.

Martin did not admit to calling the boy her husband but did say she threatened him with "divorce," because he had "too many little girlfriends."

The document also says the boy touched Martin on her buttocks outside her clothing, but that she did not touch him in that way.

"You done messed up my son's life," the victim's mother told Martin in court Tuesday. "He thinks it's OK to go with the wrong kind of women.... You destroyed my son, you destroyed my family. I don't feel sorry for you one bit. If it was up to me, you'd get life. I mean that from the bottom of my heart."

At Azalea Middle, Martin taught five computer classes and one "life choices" course, which involved teaching students about positive relationships, self-esteem building and conflict resolution. The boy was not a student of her's this year. Martin has been placed on administrative leave.

As a condition of her probation, Martin can no longer work anywhere with children, including daycare centers, malls, theme parks and schools. Martin said she was working toward a master's degree.

She asked Judge Cynthia Newton if she could have permission to transport her two children to school. As a single mother, Martin said she had no one else to take them.

"I'm going to allow you to take the kids to school and pick them up from school," Newton said.

But she could do nothing else on school property.

Continue reading "PINELLAS COUNTY: Guilty Plea in Case of 'Sexting' Middle School Teacher" »

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 Tampa Bay area teenager, convicted of a violent rape, has been sentenced to 27 years in the Florida State prison system.

Jose Walle, 15, was one of three men accused in a string of attacks throughout the Bay area in the summer of 2008.

He and two others are facing charges in connection with an Armed Robbery and Armed Sexual Battery at The Table in downtown St. Petersburg. Investigators said the trio also attacked women in Gibsonton and Apollo Beach.

Investigators said that, while Walle himself did not commit any of the rapes, he helped make the crimes happen. In one case, investigators said he pointed a gun at a duct-taped kitchen worker while one of the other, Rigoberto Moron Martinez, raped another employee on the kitchen floor.

According to the St. Pete Times, Pinellas-Pasco Circuit Judge Joseph A. Bulone remarked at Walle's sentencing that: "Quite frankly, the facts of this case are amazingly aggravated; they are very, very serious."

Continue reading "ST. PETE: Teen Sentenced to 27 Years in Prison for Rape at The Table" »

"Sexting," the act of sending nude or semi-nude images from one's cell phone or computer, is being cited as a major factor in the recent death of a Ruskin teenager.

Thirteen (13) year-old Beth Shields Middle School student Hope Witsell ultimately took her own life when the taunting and bullying by other students became too much to handle.

According to a recent story in the St. Pete Times, Hope Witsell's death is just the second in the nation in which a connection between "sexting" and teen suicide can be clearly drawn.

According to Parry Aftab, a nationally known "cyberlawyer" who has appeared on Goodmorning America and the Today show, "This is very important, because it shows that sexting-related suicides are tracking the same way cyberbullying-related suicides are."

A 2009 Harris online poll shows that one (1) in five (5) teens admit that they've sent naked pictures of themselves or others over a cell phone. But even that number may be low, according to experts.

While the details leading to Hope's death vary, many students describe the chain of events this way: During the last week of school in June, Hope forwarded a photo of her breasts to the cell phone of Alex Eargood, a boy she liked. A rival girl, who was the girlfriend of another boy Hope liked and a friend of Alex's, asked to borrow Alex's phone on the bus. That girl found the image and forwarded it to other students. Within hours, the image had gone viral at both Beth Shields Middle School and Lennard High School.

Aside from the embarrassment associated with nude photos landing in the wrong hands, Florida law considers the possession or distribution of nude images of minors to be Child Pornography, a third-degree felony punishable by up to five (5) years in prison.

Unfortunately, while Hope's death may be the first of its kind in the Tampa Bay area (and the State of Florida), it will probably not be the last.

Continue reading "TAMPA: Sexting-Related Bullying Led Teen to Commit Suicide" »

Jordan Valdez, the Davis Island teenager who was charged with Leaving the Scene of an Accident Involving Death, is expected to plead guilty and be sentenced on November 24th. For those unfamiliar with this case, Valdez, who was 16-years-old at the time, was involved in a fatal crash on February 8th, killing a homeless woman as she crossed Hyde Park Avenue near the Davis Island bridge. The victim, Melissa Sjostrom, 33, died as a result of injuries sustained in the accident.

In what has become both a newsworthy and controversial case in the Tampa Bay area, Valdez has been charged (as an adult) with a First Degree Felony which carries up to a maximum of thirty (30) years in prison. However, authorities with the Hillsborough County State Attorneys Office have already indicated that they will not be seeking prison time or a conviction. For the complete story, please read today's St. Pete Times article.

It only takes a quick look at the 256 online "comments" that follow a previous St. Pete Times article, that was published on May 19, 2009, to get the feeling that this case has upset many in the Tampa Bay community. Initially, Valdez was cited for Careless Driving, a non-criminal traffic infraction that is usually punishable by a small fine. Adding further insult to injury, that Careless Driving citation was dismissed in a Tampa traffic court (without anyone from Sjostrom's family present -- despite a written request from the family to continue the matter so the family could travel down from Kentucky) by Hillsborough County Court Judge Joelle Ober.

After the St. Pete Times went public with the story, and following the public backlash that the story created, the Tampa Police Department "re-opened" and "re-investigated" the case. And, after doing a much more thorough job the second time around, the Tampa Police Department finally built a solid case for prosecutors to bring to Court. Eventually, Valdez was arrested and charged as an adult with Leaving the Scene of an Accident Involving Death.

Continue reading "TAMPA: Davis Island Teen to Plead Guilty to Leaving the Scene of an Accident Involving Death" »

Amer Ali Ejak, 16, has been Indicted for First Degree Murder and will be prosecuted as an Adult for his role in the death of a 34-year-old father, Thomas Johannesen, in Hillsborough County two weeks ago. For the complete story, please check out today's St. Pete Times article.

Deputies say that Ejak, and his 22-year-old co-Defendant, Christopher Cox, killed Johannesen, then wrapped his body in a sheet before hiding it in a closet. It is alleged that Ejak fatally struck Johannesen in the head with a whiskey bottle.

After hiding Johannesen's body in a closet, the two Defendants returned to show their friends what they had done.

While Ejak was originally booked into the Juvenile Detention Center, he was transferred today to the Orient Road Jail where he will remain, on no bond, until his trial.

Continue reading "TAMPA: 16-Year-Old Juvenile to Be Tried as an Adult in "Show-Off" Murder Case" »

Improvements in technology, as well as social media, have led to the creation of some rather new and popular crimes (that didn't exist when our parents were growing up). For instance, anyone who reads a newspaper is probably familiar with the following "new-school" types of criminal activity: "Cyber-bullying," "Sexting," "Texting While Driving," and "Cyber-stalking."

However, one of the classic (ripped straight from a Lifetime movie or recent episode of Law & Order, never-gets-old type of cime has occured, once again, in Tarpon Springs, Florida this week.

A Tarpon Springs mother and daughter face Felony Burglary and Battery charges after law enforcement determined that they beat up a recreational cheerleading coach.

Karen Joanne Wood, 41, and her 16-year old daughter, Kyersten Wood, were arrested September 5th after reportedly assaulting Sharell Ortiz, 34, at Jasmine Sports Complex in Tarpon Springs. For more information, check out today's full St. Pete Times article.

As suggested by some of the readers' comments following the St. Pete Times article, "wft" is wrong with parents these days?

Continue reading "TARPON SPRINGS: Mother and Daughter Arrested for Attack on Cheerleading Coach" »

An interesting story in today's St. Pete Times highlights the life, or lack thereof, of Teddy Braden, the former gang member turned blogger that blogs from the Pinellas County Jail.

Braden, who is in the Pinellas County Jail on Drug Charges, blogs with the help of his mother -- who takes his notes and letters and posts them online at: teeninjail.blogspot.com

Braden, who was arrested for the first time at age 13, has a Juvenile record consisting of various Drug Charges and a Residential Burglary. As an adult, he has been locked up for doing drugs, selling drugs, Grand Theft, Burglary and now Drug Trafficking.

In one of Braden's blog posts he states that "One of my biggest regrets is joining a gang." The quote sits below a picture of Braden, wearing a red t-shirt, hat and bandana, while throwing up a "B" (a noted gang hand sign for the Bloods). However, something about this photo tells me that Braden would not survive, on the streets, for very long.

Continue reading "CLEARWATER: 20-Year Old Pinellas County Jail Inmate / Blogger" »

In a very emotional sentencing hearing, that I happened to witness while in the same courtroom on an unrelated case, a St. Petersburg mother plead guilty to Manslaughter on the morning her trial was to begin in a case where she let her 15-year old son, Shawn Ledesma, drive her car, which he crashed, killing one of his passengers, Raquel Carreras, a 14-year old student at Northeast High School.

For the complete story, check out this St. Pete Times article.

Personally, I think this would have been a very interesting case had it gone to trial. While I certainly understand the position of the State Attorney's Office (after all, someone's child was killed that evening), I also think it is a bit unfair to treat this Defendant in the same way that we would treat someone who intentionally drinks and drives and kills someone leading to a DUI Manslaughter charge.

At trial, the State of Florida would have needed to prove that Lesa Ledesma "knew" or "should have known" that giving her car keys to her 15-year old son would have lead to someone being seriously inujured or killed. To me, that would have been a stretch as underage kids drive their parents' vehicles a lot more than we probably realize or want to admit.

The mother of the now-deceased high school student stated that she would like for parents to "quit being a friend, and be a parent." After many years of prosecuting and handling difficult and emotional cases such as this one, I could not have said it better myself.

Continue reading "St Pete Mother Pleads Guilty to Manslaughter After Allowing Her Unlicensed 15 Year Old Son to Drive and Kill His Passenger and Friend" »

A recent Tampa Tribune article opined on a very current issue in the State of Florida: "Should Texting While Driving Be Banned?" For the complete article, click on the Tampa Tribune link.

After several recent high-profile Traffic Crimes in the Tampa Bay area (including Nick Hogan, Jennifer Porter and Jordan Valdez), Florida law makers are considering cracking down on driving distractions (in this case, Text Messaging).

Many States have already banned texting while driving. If Florida is next, the SLAVIN LAW FIRM will be ready, willing and able to assist anyone cited under this new law.

The SLAVIN LAW FIRM, In Clearwater, handles all Traffic Offenses and Violations including: Speeding, DUI, DWLSR, Leaving the Scene of an Accident, Fleeing or Eluding a Law Enforcement Officer, Aggravated Assault with a Motor Vehicle, Reckless Driving, Racing on a Highway, DUI Manslaughter and Vehicular Homicide.

Continue reading "OMG!! Txt u l8r! Texting While Driving In Florida Soon To Be Illegal?" »

A recent story in the St. Petersburg Times has indicated that crime is on the rise in the City of St. Petersburg, Florida. According to the latest numbers, Burglary
and Theft Crimes are rapidly increasing.

For the full story, click here:

Police Chief Chuck Harmon has suggested that the rapid rise in crime is due to many factors including the current economic crisis, rising unemployment and home foreclosures.

While Property Crimes like Auto Theft are on the rise, most Crimes of Violence are down this year. Robbery is down 12 percent this year and the number of Homicides have been cut in half.

These statistics have lead to a steady increase in business for the SLAVIN LAW FIRM in Clearwater. Criminal Attorney Aaron J. Slavin, of the SLAVIN LAW FIRM, handles all criminal matters arising in the City of St. Petersburg and throughout the Tampa Bay area.

Continue reading "Crime Still Climbing in St. Petersburg" »