Tampa Bay Criminal Defense Lawyer Blog

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" »

A 20-year-old St. Petersburg man was sentenced to three-and-a-half (3 1/2) years in prison after pleading guilty to a charge stemming from a fatal wreck that killed two (2) people - his 23-year-old cousin, who was a passenger in his car, and a 59-year-old woman, who was a passenger in the other car. For the complete story, check out the TBO.com story.

Joshua Malone's prison term will be followed by twenty-four (24) months of community control (aka: "house arrest").

Last December, Joshua Malone pleaded guilty to Driving a Motor Vehicle Without a License - Involving Death. Earlier this week, he was sentenced at the Pinellas County Criminal Justice Center.

An unrelated case involving the Sale and Possession of Cocaine was also resolved and included in Malone's 42-month prison sentence.

Malone, who was only eighteen (18) years-old at the time of the Feb. 9, 2008 wreck, was sentenced as a "Youthful Offender," which limited/reduced his maximum exposure to six (6) years in prison.

According to the Pinellas County Sheriff's Office (PCSO), Malone was driving a Ford Focus east on the Treasure Island Causeway when a Lexus turned in front of him to go south on Paradise Boulevard. Malone's Ford Focus T-boned the Lexus.

Because Malone was under 21-years of age at the time of his Sentencing Hearing, along with the fact that he had never been previously sentenced as a "Youthful Offender," it was within the Court's discretion to "depart" from the sentencing guidelines.

Continue reading "PINELLAS COUNTY: "Youthful Offender" Sentence for 20-Year Old Involved in Fatal Car Wreck" »

A story in this morning's St. Pete Times about the "SCRAM" monitor caught my attention:

For a solid year, Stephen Hulgin knew he could not sneak a drink without getting locked up.

The reason was strapped around his ankle: an alcohol monitoring device he wore 24 hours a day, as part of his sentence for a Driving Under the Influence (DUI) conviction. If he took a drink, the device would know it.

"I knew it was there; I knew I couldn't beat it," Hulgin said. And he knew what the judge had told him: One more drink and "I go to prison for four (4) years."

Hulgin, 44, who lives in a Clearwater rehab center and has a paving company, recently had his electronic monitor removed after an alcohol-free year. He says the device helped him and was a "big component of me getting out of jail."

It also is becoming part of the anti-alcohol strategy for the criminal justice system in the Tampa Bay area. Judges are increasingly requiring monitoring devices for Defendants who need to prove they're not drinking.

"I think it can be a very effective tool in protecting the public," said Pinellas County Judge Donald E. Horrox, who has ordered Defendants to wear them.

Week after week, judges sentence people for Driving Under the Influence (DUI) and other alcohol-related offenses. While some get jail time, probation usually follows. Others are released on bail as they await their trial.

Judges almost always order these people to stop drinking alcohol while they are on probation or awaiting their trial. But how do you make sure someone doesn't drink?

There are ways, such as random urine samples, mandatory AA meetings, and visits to probation officers -- all with the threat of more jail time looming overhead.

But it can still be possible to cheat, partly because traces of alcohol disappear from the body more quickly than other drugs. Alcohol monitors are designed to take away that possibility.

The Secure Continuous Remote Alcohol Monitor, or "SCRAM" brand alcohol bracelet, which has been used in Pinellas, Hillsborough and Pasco counties, is strapped to a Defendant's leg above his or her ankle and can be hidden under a pants cuff.

It samples sweat on the skin every thirty (30) minutes, and detects the presence of alcohol. It records the data and sends results back to a central computer and, eventually, on to the court system.

"It's a Breathalyzer for your ankle," said Kathleen Brown, spokeswoman for the Denver-based company that makes them, Alcohol Monitoring Systems.

It also contains anti-tampering technology designed to detect when someone is trying to fool the device -- such as the person who wedged a piece of baloney in between his ankle and the bracelet. (Baloney may feel roughly like skin, but it's cold and doesn't sweat.)

About fifty (50) of the SCRAM bracelets are in use at any one time in the Tampa Bay area, said local representative and bail bondsman Frank Kopczynski. More than 10,000 are in use nationwide, Brown said.

Pinellas County Judge Paul Levine said he became intrigued with the alcohol bracelets when he realized they provide a good way to continuously check on serious alcohol offenders, such as repeat drunken drivers. They're also good for Domestic Violence offenders who get violent when drunk; take away the alcohol, and you often take away the violence, he said.

But over time, he said he heard from Defendants who say "they can't believe they actually went ninety (90) days without drinking, and it helps their recovery."

"It's a tool now to help break the cycle of drinking," he said.

Hulgin agrees. He said when he was sentenced in Pasco County to wear the bracelet for a full year, the judge told him "If I drank, I'd be in prison. He made sure I understood that if I failed ... I'm going away."

He wore it 24 hours a day, even in the shower. After about three (3) sober months, he said he felt his alcohol cravings subside. Now that he is off the bracelet, he is optimistic that he will also be able to stay off alcohol, with help from his family and the Christian recovery center where he lives, called Center of Hope.

"It helped me," Hulgin said. And he added, "it's nice to be able to prove to the Court system and society that I haven't drank a drop."

But he does have a reason to be happy to get off of it. It costs $10 a day, and he's the one who had to pay it.

That $300 a month is a burden that not everyone can afford. But Kopczynski, the Tampa Bay representative for SCRAM monitors, said $10 a day is less than some people spend at bars. He also has a question for people who have been released from jail but are complaining about the cost of the bracelet:

"How much money are you making in jail?"

Continue reading "TAMPA BAY: "SCRAM" Monitor Usage on the Rise" »

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 woman who drove her car into her neighbor's house was charged with Driving Under the Influence (DUI) yesterday.

Gail Ann Kay, 54, was driving her 2008 Jeep SUV when she crashed through a house wall at 9:36 p.m. Wednesday, according to the St. Petersburg Police Department. She left a 4-foot square hole in the house at 134 Aranda Street N.E. Fortunately, no one was injured.

Kay tried to drive away, but a witness saw her car and called the police (who pulled her over a short time later). To no one's surprise, the front of her car appeared damaged (I'm guessing with a nice paint transfer off of the house that she drove into).

Kay refused a Breathalyzer test as well as standard "field-sobriety tests." However, the St. Pete Police Department indicated in their report that she had "slurred speech, a blank expression, and bloodshot and watery eyes" (I feel like I've read that before.... oh yeah, that's what every DUI police report says).

Kay is facing charges of Leaving the Scene of an Accident Involving Property Damage and Driving Under the Influence.

Continue reading "ST. PETERSBURG: DUI Charge For Lady Who Crashed Into Snell Island Home" »

The Clearwater Police Department announced today it will conduct a traffic safety detail over the Thanksgiving holiday weekend in an effort to reduce the number of vehicle accidents. Unfortunately, the holiday season also brings about more car accidents and more impaired and/or DUI drivers on the Tampa Bay area roadways.

"Operation Safe Holiday" will be in effect Wednesday through Sunday at intersections with high-traffic volume or elevated crash rates. Officers will focus on red light violations, speeding and aggressive driving.

Additional officers will also be at large retail centers, like Countryside and Clearwater Malls, to watch for safe driving practices in parking lots and to prevent auto burglaries, retail thefts and other crimes of opportunity.

Continue reading "CLEARWATER: Police Will Be on the Lookout for Bad Drivers Over the Holiday Weekends" »

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" »

In one of the biggest jury verdicts of its kind, a Hernando County jury awarded more than $330 million in civil damages today to the mother of a 13-year-old girl that was killed by a drunk driver in April 2007. For the complete story, check out today's St. Pete Times article.

In an effort to send a message to future drunk drivers, Angela Stone filed a civil lawsuit against Christopher Marcone for his role in a fatal crash that occurred on the night of April 12, 2007, when Shelby Taylor Hagman was riding in a minivan with her grandparents. According to authorities, Marcone's Dodge pickup truck ran a stop sign in a residential neighborhood in eastern Hernando County and plowed directly into the right side of the minivan. Shelby died the next day from injuries sustained in the crash.

Marcone's blood alcohol level (calculator) was .207, more than twice the level at which a driver is presumed to be impaired. Marcone, 27, is currently serving a 13-year prison sentence after pleading guilty to DUI Manslaughter and three related charges in the death of Shelby Taylor Hagman.

To view Marcone's Florida Department of Corrections Inmate Population Page, please click here.

Continue reading "BROOKSVILLE: Hernando County Jury Returns $330 Million Verdict for Teen Killed in DUI Manslaughter" »

Three Pasco County deputies came to court in New Port Richey this week to testify that they each saw Robert Corbin, 55, fall off his Harley-Davidson motorcycle and flee the scene -- leaving the motorcycle on its side, running, with the key still in the ignition.

That testimony, however, was contradicted by an expert witness during Corbin's DUI trial. Ken Wood, a Harley-Davidson salesman, told the St. Pete Times on Friday that "if the bike leans over for more than 45 degrees for one second, it shuts off." And just like that, after only a few minutes of deliberations Monday afternoon, a Pasco County jury found Corbin Not Guilty of Driving Under the Influence.

For the complete story, check out Saturday's St. Pete Times article.

Apparently, none of the three Pasco County deputies were aware of the bike's safety feature which Harley-Davidson made standard in 2003. The deputies also indicated that Corbin "had glassy eyes, slurred speach and reeked of alcohol." Corbin also admitted to drinking beers and not having a valid license because it was suspended after a prior DUI.

In fact, Corbin's Florida driver's license was revoked back in January for having four or more DUI's.

Continue reading "NEW PORT RICHEY: Motorcycle Expert Helps Aquit Pasco County Biker of DUI" »

On April 20th of this year, Andrew Hall of Safety Harbor was standing on the sidewalk outside of his Main Street apartment when he was struck by a vehicle which took his leg. Five months later, an arrest has been made in the case.

Joshua Dean West, 24, was arrested under the authority of a Pinellas County warrant and was transferred to the Pinellas County Jail from the Putnam Correctional Institution, where he was being held on a Violation of Probation on previous Drug Offenses.

West has been charged with DUI Causing Serious Bodily Injury, Leaving the Scene of an Accident Involving Serious Bodily Injury or Death and driving with No Valid Drivers License while Causing Serious Bodily Injury.

After a lengthy investigation, dectectives determined that Joshua Dean West was behind the wheel of the Honda Accord that slammed into Andrew Hall apporoximately five months ago. Their investigation was made more difficult by the fact that neither West nor his passenger that day, Douglas Ziegler, would confirm for investigators who was driving that morning.

Continue reading "LARGO: Arrest Made in April Crash that Took Victim's Leg" »

Another sad Traffic Fatality case unfolded this week in Judge Thane Covert's Pinellas County courtroom. Agustin Palma Trejo, who was 18-years old at the time of the accident, was driving a trackhoe the wrong way on U.S. 19. In an unfortunate twist of fate, Donald Cochran was on his way to Biff Burger, on April 21, 2007, when his truck swerved and struck the large construction trackhoe that Palma Trejo was operating. For the complete story, check out the article in today's St. Pete Times.

This case is a bit unusual for several reasons. To begin with, Palma Trejo was charged with Manslaughter, not DUI Manslaugher. Secondly, both the State Attorney's Office and Palma Trejo's attorney agreed that the trackhoe was only traveling at the rate of 4 mph. However, the State and the defense disagreed on whether the trackoe's lights were on and whether Palma Trejo was properly trained to operate the large piece of machinery.

Last month, Palma Trejo entered an "open plea," meaning that he did not have a plea agreement with the State Attorney's Office. After entering an "open plea," the Judge can sentence a Defendant to any legal sentence (i.e., up to the maximum sentence allowed by law or something less than what the sentencing guidelines would normally call for). In Palma Trejo's case, he could have received 15 years in prison on the Manslaughter charge, which is a Second Degree Felony.

At his sentencing hearing earlier this week, Palma Trejo pleaded to the judge for leniency. With the assistance of a court translator, he stated "I only want to ask the family for foregiveness... I know what it is like to lose a father."

Because Palma Trejo was under 21 years of age, his attorney was asking the Court to sentence him as a "Youthful Offender," which would have allowed Judge Covert to sentence him below the recommended guideline sentence (to include any form of community supervision such as community control or probation).

Continue reading "LARGO: Construction Worker Sentenced to Six Years for Fatal Trackhoe Accident" »

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" »

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

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

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

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

I couldn't agree more.

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

In one of the more irresponsible cases to catch the media's attention this week, a New Port Richey woman was arrested for Driving Under the Influence. And while that, in-and-of-itself, is not real newsworthy, the fact that she had four (4) children in her car and a blood-alcohol level of .113 (a good bit over the legal limit of .08 in the State of Florida) has turned a normal DUI case into a case of Child Abuse and/or Child Neglect.

For more information on this case, check out the original story on Bay News 9.

While the SLAVIN LAW FIRM in Clearwater handles many DUI and other Traffic-Related cases throughout the Tampa Bay area, it does not support or condone this type of reckless activity.

As a former DUI Manslaughter prosecutor for the State of Florida, criminal defense attorney Aaron J. Slavin, Esq., of the Clearwater-based SLAVIN LAW FIRM, brings a wealth of experience to each of his DUI clients' cases.

Attorney Slavin has been recognized by Removing Intoxicated Drivers (RID) as their 2004 Prosecutor of the Year for having the most DUI convictions in Pinellas County. Mr. Slavin is frequently asked to assist the St. Petersburg Police Department in training new law enforcement officers on the ins-and-outs of DUI prosecutions and courtroom testimony.

Continue reading "Pasco County Mom Arrested for DUI with 4 Kids in Car" »