Tampa Bay Criminal Defense Lawyer Blog

According to an online story in today's St. Pete Times, a Spring Hill man was arrested Saturday after workers at a grocery store reported seeing him stuff steaks down his shorts and leave the store.

Mark Belkola, 51, was at the Publix at 4158 Mariner Boulevard when he was seen in the meat department shoving six (6) packs of steaks down his pants, then walking to the front of the store, according to a Hernando County Sheriff's Office report.

A store employee confronted Belkola after he left the store, but he ran to the parking lot and tried to get into his vehicle, the report states. A customer helped detain Belkola until authorities responded.

Belkola admitted to deputies that he had also taken a bottle of Vaseline and a bottle of pomegranate juice, both of which were found in his shorts. The total value of the merchandise was $75.66.

Belkola told deputies, "I'm starving, I'm starving, that is why I took the steaks," the report states.

He was arrested on a charge of Retail Theft.

Continue reading "SPRING HILL: Man Caught Stuffing Steaks and Vaseline in Shorts at Publix" »

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" »

Sometimes, in my never-ending quest for a good story to blog about, you run across something that is just too good to make up. Usually, these types of stories occur in Pasco County. This one (below) is no different. Enjoy, courtesy of today's St. Pete Times.

A New Port Richey man was arrested Friday by the Pasco County Sheriff's Office after deputies said he called 911 multiple times to complain about his mother.

Did she hit him?

No.

Did she stab him?

No.

Did she shoot him?

No.

OK. I give up. What did she do?

She took his beer away.

Charles Dennison, 32, who was "very intoxicated," told a deputy who went to their home at 1739 Dennison Road, in New Port Richey, that he wanted his mother arrested for taking his beer (otherwise known as Petit Theft), according to a Pasco County Sheriff's Office arrest report.

And If she wasn't charged, he said, he would continue to call 911.

A deputy charged him with Making False 911 Calls and took him to the Pasco County Jail in Land O'Lakes, where he remained Monday morning. His Bond/Bail is a lowly $150.00.

Continue reading "NEW PORT RICHEY: 911 How May I Help You? Um, My Mother Took My Beer" »

According to a humorous story in today's St. Petersburg Times, a St. Pete resident, who was arrested on charges of Felony Battery and DUI early Friday morning, made the following last-ditch offer to the cops on his way to the Pinellas County Jail (otherwise known as the "Sheriff Coats Motel"):

He would give the arresting officer $300 to let the whole thing slide? According to St. Petersburg Police Department, Philip Charles Wood's "offer" was not only rejected, but earned him an additional Felony charge of Bribery.

According to police, Wood was first accused of Assaulting a man about 3:00 a.m. at 233 Central Avenue in downtown St. Pete. After that, officers noticed Wood driving by the scene of the assault and pulled his vehicle over.

The victim of the assault later identified Wood. Officers also determined that Wood was Driving Under the Influence, according to his arrest report. Wood, however, refused to take a breath test or do field sobriety exercises (what's known in the business as a "double refusal").

Following his refusal to submit to FSE's or a breath test, Wood was placed under arrest for DUI. Later that morning, around 4:40 a.m., as a transport officer drove him to the Pinellas County Jail (PCJ), Wood offered a $300 bribe to let him go and "drop the charges."

Let's just say, in a nutshell, that did not work!

In the State of Florida, law enforcement agencies can charge suspects for the time their officers spend investigating them. This is usually done at Sentencing when the State Attorney's Office requests "Investigative Costs" as part of an individual's sentence.

According to Wood's arrest report, two (2) St. Petersburg Police Department officers spent five (5) hours total on his case at their standard rate of $25 an hour, for a total of $125. Apparently, in Wood's intoxicated condition, he used this amount to calculate the amount of his alleged bribe.

"[The] Defendant stated that I would only be getting $125 for Investigative Costs anyways," the officer wrote in a report, "so he would make it $300."

According to the St. Pete Times, Wood should have saved his money. If convicted, he'll be responsible for paying that $125 in Investigative Costs, as well as the standard Fines and Court Costs that will be assessed in court.

Assuming this is Wood's first DUI, he'll be looking at over $1,000 in Fines and Costs (not including the price of an attorney, DUI School, an Alcohol Evaluation and any recommended follow up treatment, "cost of supervision" which will be payable for Probation, etc.). As I commonly tell many of my "first time" DUI offenders, "a first time DUI is a $5,000 cab ride" by the time you pay for your attorney and all of the above-listed fees, fines and costs.

A quick look at Wood's address on his Arrest Report shows that he lives in northeast St. Pete (which, on average, is a $20-25 cab ride). Unfortunately, as we see way too often, alcohol consumption frequently leads to poor decision making.

Wood was being held in the Pinellas County Jail Friday afternoon in lieu of a $15,250 Bond. Making matters worse, Wood was already out on Bond on Burglary charges when he was arrested. Therefore, it can be expected that the Judge and/or the State Attorney's Office (SAO) will move to "revoke" his previously posted Bond for violating the terms of his Pretrial Release.

Continue reading "ST. PETERSBURG: Bribing the Police Doesn't Work... Unless You Want An Additional Felony Charge" »

Sara Lou Kenny, 20, of New Port Richey, needed some clean urine to pass a drug test so, authorities say, she tried to smuggle the urine from her friend's 4-year-old son past a probation officer and pass it off as her own.

It didn't work!!!

Kenney was arrested Friday at a substance abuse program office on Little Road in New Port Richey, according to the St. Pete Times.

Her friend and roommate, 26-year-old Amber Tobeck, was also arrested at the same office for giving her son's urine to Kenny, according to the Pasco County Sheriff's Office.

Both women are on Felony Probation - Kenny for Drug Offenses and Tobeck for Fraud and Theft convictions - according to the Florida Department of Corrections. Kenny's two-year drug court probation sentence began Feb. 1st. An arrest report said Kenny had methadone that was not prescribed to her.

Kenny and Tobeck are being held without Bond at the Pasco County jail on charges of Violating their Probations. Kenny is unemployed. Tobeck told authorities she is a waitress at the Cracker Barrel restaurant in New Port Richey. Gotta love their chicken-n-dumplings!

Continue reading "NEW PORT RICHEY: Pasco Woman Tries to Beat Drug Test With Toddler's Urine" »

Sometimes, good police work requires that you get down and dirty.

Earlier this week, in Weymouth, Massachusetts, Rene Valencia, a 24-year-old entrepreneur (i.e., "drug dealer") charged with Attempting to Sell Heroin and Cocaine near Weston Park allegedly swallowed his drugs rather than face the consequences of getting caught red-handed. However, the police in this small northeastern town (known for being the home of the world's busiest Dunkin' Donuts) one-up'd the hungry suspect when they obtained a Search Warrant for his bowel movements!! How's that taste, Mr. Valencia?

"He did not think that the detectives would go through the difficulty of getting a search warrant to retrieve the drugs from his bowel movement," Lt. Rick Fuller said on Feb. 3. "He was wrong."

Fuller said that detectives recovered seven (7) bags of heroin, eleven (11) bags of cocaine, and two (2) bags of crack cocaine from Rene Valencia, following a surveillance operation on Washington Street in Weymouth.

Valencia was arraigned in Quincy District Court on Feb. 3rd for Possession of Heroin with Intent to Sell, Possession of Cocaine with Intent to Sell, Conspiracy to Violate Massachusett's drug laws, and committing drug violations near a park.

According to Lt. Fuller, Valencia arrived near Weston Park to sell the drugs at 11:50 a.m., when undercover detectives approached him. "Upon approaching his vehicle, the suspected drug dealer began swallowing several small bags of drugs," Fuller said.

Detectives arrested Valencia and took him to South Shore Hospital where the drug contents were recovered.

Valencia later told the detectives that he has swallowed drugs on many occasions when pulled over by the police. According to police, this case shows the extent that drug dealers will go to not get caught. It also shows the extent that creative police officers will go to in order to make a case against them.

Continue reading "WEYMOUTH, MASSACHUSETTS: Search Warrant Obtained for Drug Dealer's Bowel Movements" »

In another "only in St. Pete type of case," the St. Petersburg Police Department said that a St. Petersburg woman took a TV dispute too far Tuesday night when she stabbed and scalded her boyfriend over American Idol. According to the St. Pete Times, this is what happened:

Police arrested Cynthia E. Bettis-Ware, 52, on a charge of First-Degree Attempted Murder of her boyfriend Kevin Johnson, 47.

It happened at 11:22 p.m. at the infamous Empress Motel, 1501 Martin Luther King St. N, which the couple listed as their "permanent address," said police spokeswoman Jennifer Dawkins.

The couple were watching American Idol when they began arguing over something that happened on the show, Dawkins said. He changed the channel to stop the argument, Dawkins said, but she kept arguing so "he decided, 'Well, I'll go to bed.'''

He awoke to Bettis-Ware wielding a 10-inch butcher knife. She stabbed him five (5) times in the back and two (2) times in the chest, an arrest affidavit states. Police said she also severely burned Johnson with hot cocoa.

Johnson took the knife from her and ran to the motel parking lot, Dawkins said. Bettis-Ware chased after him with another knife, she said.

Soon a crowd formed and someone called police, who arrested Bettis-Ware in her motel room. She was being held without bail in the Pinellas County jail Wednesday.

According to a report on BayNews9, Johnson is still in the hospital with non life-threatening injuries

Continue reading "ONLY IN ST. PETE: Woman Stabs Boyfriend Multiple Times over "American Idol" Dispute" »

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 South Florida cab driver was tricked into making a 20-hour trip from Miami, Florida to Western Tennessee over the weekend. And he ended up getting stiffed, not getting a penny for his efforts, according to CBS4's Stephen Stock.

From 7:00 at night until 4:30 in the morning, 6 days a week, for 29 years, Jean Desir has driven a taxi on the streets of Miami.

Despite two Robberies, one at gunpoint, and countless riders who've stiffed him on fares, this past year has been toughest of all economically.

"This year has been really really hard," the 54 year-old said, "really hard."

That's what makes the story of Desir's fellow taxi-driver so tough to swallow this holiday season.

Police say Miami resident Luciolo Perez convinced a cabbie from Flamingo Taxis to drive him to Memphis, Tennessee. That's a 20-hour cab ride to the middle of the country.

Then police say Perez stiffed the driver of $3,000 in cab fare, plus expenses such as gas and meals, which the cabbie paid with his own credit card.

CBS4 spoke by phone with the cab driver, who drove his taxi halfway across the country and back.

His name is Lelis Almeira.

Almeira refused CBS4's request for an on-camera interview, saying he was tired, frustrated and angry and "I just want to put this incident behind me."

Now, in addition to trying to find $3,000 in cab fare, Perez must find enough money to bond out of jail on his Grand Theft charge.

Continue reading "MIAMI: Cab Driver Stiffed on $3,000 Fare from Miami to Memphis" »

Yes. You read correctly. She was charged with Domestic Battery by beer.

Melva Ann Wixon, 49, was arrested Tuesday night on a Domestic Battery charge after a wet incident at her apartment.

Here's what the po-po have to say:

Wixon got home about 7:00 p.m. at an apartment she shares with her boyfriend, Eric Hartman. She had been drinking at a bar. He had been sleeping.

She was angry at him because he plans to move to Ohio. So she poured beer on him. This woke him up.

Displeased by her action, Hartman called the police.

Wixon was still at the Pinellas County Jail Wednesday morning awaiting her Advisory/ First Appearance before a Judge.

Unfortunately, the brand of beer she wielded was not included in the incident report. Let's only hope it wasn't something good like Guinness or Newcastle!!

Continue reading "ST. PETE: Woman Arrested for Domestic Battery by Beer?" »

An Oldsmar teenager has been charged with assaulting his father, reportedly because the man was snoring too loudly.

The Pinellas County Sheriff's Office reports that 18-year-old Dylan T. Watson first threw a magazine at his father, who was sleeping on a living room couch Tuesday evening.

When that didn't work, deputies say Watson pushed his father onto the floor and punched him in the face.

The father was checked out at a nearby hospital as a precaution.

Watson was arrested and charged with Domestic Battery. He was released from jail Wednesday.

Continue reading "OLDSMAR: Pinellas County Teen Arrested for Attacking Snoring Father" »

In another addition of: "Only in Florida." More specifically, "Only in the Tampa Bay area." This story was featured in this mornings St. Pete Times.

This was probably not the best Thanksgiving for Ronald R. Conkright.

His troubles first started when he called 911 at 11:47 p.m. Thursday (Thanksgiving evening). He told the 911 operator: "I'm looking for a friend. It was one last joke."

Pinellas County sheriff's deputies showed up at his home at 2504 55th Avenue North, but Conkright, 62, didn't answer the door.

At 2:26 a.m. Friday, he called 911 again. This time he reported a Domestic Violence dispute with his wife. According to his arrest affidavit, he told the 911 operator: "I hurt my wife and she is in heaven."

Deputies returned to his home (for a second time now). This time Conkright answered the door. After talking with him, deputies discovered Conkright was not married. They then discovered more.

"When asked what his emergency was, and why he called 911, Conkright brought deputies into his home to look for his wife, and to show us an amount of marijuana, over 20 grams, which was on his kitchen table," the arrest affidavit states.

Conkright then told the deputies: "You can arrest me now."

He was charged with Making a False 911 Call, Felony Possession of Marijuana (over 20 grams) and Possession of Drug Paraphernalia.

Not surprisingly, Conkright's arrest affidavit states that he showed an indication of "drug influence."

Continue reading "ST. PETERSBURG: Man Calls 911 to Show Deputies the Marijuana on His Kitchen Table???" »

Pinellas County prosecutors have decided to drop charges against two (2) men who got into a humorous fist fight at a St. Petersburg City Council meeting.

Frederick Dudley and Ronald Deaton were arrested in October after they began throwing punches during an argument over a decision to privatize a public sidewalk.

The men, ages 76 and 61, respectively, were charged with Disorderly Conduct.

Assistant State Attorney Richard Ripplinger said authorities have "better things to do than prosecute a couple of old men who got angry in the heat of the moment." In my opinion, while the State of Florida got this one right, we unfortunately see many silly and ridiculous prosecutions in the Tampa Bay area that should be dropped like this one (especially in today's economic climate with our government working with limited resources).

The decision to cede the public sidewalk fronting the downtown BayWalk entertainment complex had been the subject of intense debate for weeks.

For more information on this story, including a link to the actual video of the infamous fight, please check out this Bay News 9 link.

Continue reading "ST. PETE: Charges Dropped Against Both Men in City Council Brawl" »

A self-proclaimed minister who claimed he smokes marijuana for "religious" and health reasons has been found Guilty of a Felony charge of Manufacturing/Cultivating Marijuana for growing 100 plants.

It took a Brevard County jury only 14 minutes Friday to find 53-year-old Steven Swallick Guilty of the above-mentioned offense. He faces up to 10 years in prison when sentenced next month.

Swallick told the Judge outside the jury's presence that he is affiliated with the "Hawaiian Cannabis Ministries" and that he smokes marijuana and uses it as an ingredient in anointing oil, health drinks and incense to drive away evil spirits. Swallick gets points for originality for his novel, yet unsuccessful defense.

However, Circuit Court Judge Jim Earp ruled that Swallick could not give such testimony to the jury. And, as we've now learned, without his "defense" being submitted to the Jury, it took less than fifteen (15) minutes to convict him.

Continue reading "VIERA, FL: Pot-smoking minister Guilty of Growing it" »

An "anonymous tip" led undercover detectives to a Bartow home, where they found a working moonshine still according to the Polk County Sheriff's Office.

Detectives searched the house on Thomas Jefferson Circle East in Bartow, where they found the fully-operational still. They seized the still, along with seven jars of moonshine.

The two men who live at the home, 54-year-old Kenneth Wayne Wilkerson and 36-year-old Rockie D. Smith, said they used the still to make moonshine for their own use.

"I knew it was illegal but I wasn't going to sell it. I didn't see no harm in it," Wilkerson said. "The moonshine we made - it was good and like I said, I wish you could have tasted some of it."

Detectives said they also admitted to selling moonshine to their friends and coworkers.

Both men were arrested and charged with one (1) count each of Possession of a Moonshine Still, Possession of Moonshine and Conspiracy to violate Florida's beverage law. All three (3) of these charges are third-degree felonies (each punishable by up to five (5) years in prison).

Continue reading "POLK COUNTY: Undercover Detectives Bust Moonshine Operation" »