Tampa Bay Criminal Defense Lawyer Blog

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" »

Tampa Bay: BEWARE

According to a story in tonight's online edition of the St. Petersburg Times, a fifty-eight (58) year-old Pasco County man noticed something odd at a drive-thru ATM machine last Saturday morning. When he tried to insert his ATM card, there seemed to be an odd piece of plastic attached to the ATM machine that was loose.

Wisely, the man removed it from the ATM at the Bank of America branch at 5242 Little Road in New Port RIchey. Because that Bank of America branch was closed, the man took it to another location and showed it to a bank teller. That bank then called the Pasco County Sheriff's Office.

The Pasco County Sheriff's Office has determined that what the man found was a "skimming device" -- an increasingly popular (among thieves, at least), small machine that scans and stores debit card numbers. The "skimming device" was planted at the ATM by identity thieves, along with a small camera aimed at the ATM's keypad in the hope of capturing (your) personal identification numbers. Once these thieves obtain your debit card number from the "skimming device," along with your PIN number from the hidden camera, these crafty, high-tech thieves can access and drain your bank account and/or life savings in a matter of minutes.

Kevin Doll, spokesman for the Pasco County Sheriff's Office, said this is the first report he's heard of a "skimming device" being used in the county in his 12-year-career.

After reviewing the actual Bank of America ATM video, Pasco County Detectives have determined that someone wearing a hat and driving what appeared to be a Dodge minivan installed the "skimming device" at 8:35 a.m. last Saturday. Working in tandem, a second suspect wearing a baseball cap followed in a four-door BMW.

Less than ten (10) minutes later, the suspicious (and wise) Bank of America customer removed the "skimming device" and more than likely prevented numerous weekend, drive-thru ATM bankers from becoming victimized by this scam

According to the Pasco County Sheriff's Office, the two (2) suspects returned to the ATM machine at 9:45 a.m. and removed the camera, which the customer didn't notice. The camera, without the "skimming device," is useless -- and vice versa, said Detective Natalie McSwane of the Economic Crimes Unit at the Pasco County Sheriff's Office. McSwane said these "skimming devices" are installed quickly and, unfortunately, are available for purchase online (Please finish this well-intended article before trying to find one online).

To protect yourself from thieves, McSwane said to "look for devices on ATMs and other card-swiping machines."

"If it removes, then it's probably not supposed to be there," she said.

She also urged people to always shield their PINs when entering them on keypads -- at ATMs, gas stations, grocery stores, etc., even if no one seems to be watching.

Anyone who knows anything about this case or who might have witnessed suspicious activity at this New Port Richey Bank of America branch last Saturday morning is asked to call Detective McSwane at 1-800-854-2862.

Please be safe out there and follow these tips to avoid falling prey to this and other types of Identity Theft scams.

Continue reading "TAMPA BAY AREA: Skimming Devices are Being Found at Local Tampa Bay Area ATM Machines" »

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" »

An inmate at the Pinellas County jail is accused of forging paperwork to get out of jail.

According to Bay News 9's partner paper, the St. Petersburg Times, Nydeed Nashaddai managed to fake a letter that got him out of jail. He was in jail on fifteen (15) counts of Uttering Forged Bills, Drafts, Checks or Notes, six (6) counts of Grand Theft and four (4) counts of Fraudulent Use of Personal ID Info.

Nashaddai's release only lasted about a day. When the victim was notified about the release, he called the Pinellas County State Attorney's Office, who then found out that Nashaddai was not supposed to be let out of jail.

Nashaddai was "re-arrested" the same day. He now faces an additional charge of Escape and remains in the Pinellas County Jail without a bond. It remains to be seen if he can walk his way out of jail again.

Continue reading "PINELLAS COUNTY: PCJ Inmate Walks out of Jail on Fake Paperwork" »

Eddy G. Reyes, 37, was arrested Monday for scamming a woman out of $2,500 for a TV box that he promised would give her "Free Satellite Television for Life." For the complete story, check out the Pasco section of Wednesday's St. Pete Times.

Pasco County Sheriff's Office authorities say that Reyes operated a business called Dreamlinc which offered customers free satellite TV for a one-time fee. His arrest report indicates that Reyes sold devices that had software "designed to be used for defrauding satellite service providers with unauthorized reception of their services."

According to Kevin Doll, spokesman for the Pasco County Sheriff's Office, "if anyone offers to sell you one of these satellite boxes for free TV for life, its a lie." Bottom line, according to Doll, is that "its stealing." Other potential victims are encouraged to call the Pasco County Sheriff's Office at (727) 844-7711.

Reyes, who lives in Dade City, has been charged with Grand Theft, Fraudulently Intercepting Communications Services without Authorization and Fraudulently Advertising the Sale of Interception Devices. He is currently in the Land O' Lakes jail with a $1,800 bond.

Continue reading "DADE CITY: Man Arrested for Selling Illegal Satellite TV Boxes" »

One year after being arrested for stealing approximately $128,000 from the City of Safety Harbor, while serving as their finance director, JoAnne Ryan was sentenced by Circuit Court Judge Thane Covert to one year in the Pinellas County Jail. However, six months of her time will be spent on "work release," formerly known as the "Day Reporting" program.

Ryan, who accepted the State's plea deal, was convicted of Second Degree Grand Theft. As part of her sentence, Ryan will be placed on 15 years of probation and will be ordered to pay $128,000 in restitution. She already paid about $58,000 in restitution, up front, in an effort to mitigate the damage that she caused.

At her sentencing hearing, Judge Covert stated, "You are a good person, but you made some very serious mistakes you knew were wrong. You should never hold a position of trust in the future." For the complete story, check out today's St. Petersburg Times article.

As part of a very well prepared defense, Dr. Walter Afield, a neuropsychiatrist, testified that Ryan suffered from a condition known as "chemo brain," following her treatment for breast cancer, which affects memory, concentration and focus. Afield also told the Court that Ryan had major depression and was suicidal.

While this case does not qualify for entrance into this blog's "Celebrity Justice" column, it certainly begs the following questions: Are all Defendants treated equal? Does it help to have an experienced and aggressive criminal defense attorney on your side? And would she have gotten this same sentence had she been represented by the Office of the Public Defender?

Continue reading "SAFETY HARBOR: Former Finance Director Gets Jail Time" »

Yesterday, a Safety Harbor man was arrested on various charges stemming from his involvement in a counterfeit money order scam. Raul Francisco Zelaya, 50, was arrested for Scheming to Defraud a financial institution, Communications Fraud and Possession of Counterfeit Checks. For the complete story, check out today's Tampa Bay Online article.

On Tuesday, when investigators finally arrested Zelaya, he had an additional 243 counterfeit money orders valued at over $230,000. Zelaya is believed to have obtained these checks from a known online check-cashing scam. These type of scams typically appear online as "work from home" job opportunities and can be posted on websites or appear in spam e-mail.

This is not the first time that this Zelaya character has been involved in this type of activity. According to the Clearwater Police Department, Zelaya previously took part in a similar scam that was investigated by the Pinellas County Sheriff's Office.

Continue reading "PINELLAS COUNTY: Counterfeit Money Order Scam Busted" »

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" »