According to an online story on BayNews9.com, a Polk County teenager and her Juvenile friends made a costly trip to the shopping mall and now they are all facing criminal charges.
Ashley Turner, 16, went to the Lakeland Square Mall and ended up getting more than she bargained for from her local Spencer’s Gifts store.
“We just went in there and sprayed some spray,” she said. “I didn’t know I was Shoplifting.”
As we enter another Holiday Season, the Blake & Dorsten, P.A. 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 Blake & Dorsten, P.A.. 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 Blake & Dorsten, P.A. 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 Blake & Dorsten, P.A. 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 Blake & Dorsten, P.A.. Without your support, we would not have been able to achieve the many successes that came our way.
On behalf of the entire Blake & Dorsten, P.A. team (Pam, Eryn, Oatie and myself), have a Happy, Healthy and Safe Holiday Season.As always, attorney Nicholas J. Dorsten 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
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
For some people, bailing out of the Pinellas County Jail is now as simple as whipping out a credit card. A recent story in the St. Pete Times describes a new county program which allows inmates to use a credit card to bond out of the Pinellas County Jail on minor offenses.
You can now use a debit card or credit card to post bail of $750 or less, instead of paying cash or using a bail bond company. It is the first program of its kind in the Tampa Bay area and one of only seven (7) in Florida.Pinellas County Sheriff Jim Coats says it’s a convenience with a purpose: to reduce the number of people in the Pinellas County Jail awaiting trial.
The program emerged from a meeting among the Sheriff, County Clerk, Chief Judge, Public Defender and State Attorney.
The $750 bail limit was a compromise between the parties. Sheriff Coats wanted $1,000 so more people could use the program. State Attorney Bernie McCabe wanted $500 (presumably, so less people would be able to bond out). The $750 limit is a start, Coats said, and might be adjusted.
The limit means only a small percentage of people in jail — those charged with minor crimes — can use the program.
Of the 3,252 people in the Pinellas County Jail Wednesday morning (September 8, 2010), 74 had bail of $750 or less. Another 1,075 people had bail between $750 and $1 million. The rest could not get out on bail. At least two dozen people have used the program since it began August 23rd.
Before now, someone had to appear in person with cash, a money order or a bail bond agent. That often meant calling mom or dad or your best friend to come bail you out.
Now anyone, even the inmate, can do it by phone with a credit or debit card.
The crimes covered by the $750 limit are mainly non-violent Misdemeanors and Traffic Offenses. For instance, No Valid Driver’s License (NVDL) or an Open Container violation carry a standard $250 bail. On the other hand, Armed Robbery with a Firearm typically carries a bail of $50,000.
A 7 percent fee will be added by Government Payment Service of Indianapolis, which runs the program. The Sheriff’s Office and Clerk’s Office each get a 10 percent cut of that fee.
Government Payment Services also accepts all liability for the transactions, said Marian Garret, the jail’s inmate records supervisor. That will help protect the government from people who use stolen credit cards or don’t pay their debts, she said.
The company has worked with the Florida Department of Corrections for more than a decade, processing Probation and Parole fees. Illinois, Indiana, Michigan and Wisconsin use the company for a majority of their governmental services.
Bail bond companies, which have the most to lose from such a program, are skeptical.Michael Nefzger of BAIL Florida, an association for bail agents, thinks the added fees could become exorbitant. It could also lead to more people using stolen credit cards, he said.
Nefzger said the real problem with jail crowding is too many people facing charges in which state law forbids release on bail.
Continue reading
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
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 yearGamble is charged with two (2) counts of Workers’ Compensation Fraud and one (1) count of Theft.
Continue reading
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
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
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
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
Tampa Bay Criminal Defense Lawyer Blog