TILDEN LAW – Orlando Criminal Attorney

Orange circuit judge Frederick Lauten ruled Monday that nearly 50,000 tickets issued to motorists caught by automatic cameras running red lights in Orlando during the past two years should be dismissed.  The effect of Judge Lauten’s ruling may require the city of Orlando to refund more than $4 million paid in fines. But because the ruling is almost certain to be appealed, it may be years before there’s a final decision.

In his ruling, Judge Lauten ruled that “Although the court believes the city’s articulated goal is laudable — increasing public safety by reducing red light-running — the challenged city ordinance intrudes on an area of law reserved to the state is therefore invalid,” Lauten wrote.  The ruling doesn’t mean Orlando will be turning its cameras off, because the Legislature changed the law earlier this year to allow enforcement cameras. But it would seem to throw out nearly 50,000 tickets mailed to violators before the new law took effect July 1.  Orlando city attorney’s certainly will appeal the judge’s ruling. 

Regardless, Lauten’s opinion could have implications for drivers photographed blowing through red lights across Florida.  The judge’s  decision did not touch on ticket refunds or damages. The city issued 48,579 red-light tickets from Sept. 1, 2008, to July 1, when the law changed. It had levied more than $6.2 million in fines and collected $4.3 million.  Refund checks wouldn’t show up in mailboxes anytime soon. An appeal could take 18 months or more.

A 17 year old girl has accused an Altamonte Springs Officer of having a inappropriate sexual relationship with her.  The accusations were reported this past Friday.  Officer Clay Toomes resigned from the Altamonte Springs police force following the accusations and a four month suspension while under investigation by Orlando police.

 Information shows that the 17year old girl gave Officer Toomes her e-mail address at Orlando Regional Medical Center, where the high school girl was volunteering when the officer showed up to interview a patient involved in a traffic crash.

 According to court documents, the 38-year-old officer had sex with the 17-year-old girl. Police said he knew the victim was underage and a student at a local high school. Reports show that in one e-mail, the girl wrote, “I’m 17. I have no problem with the age gap, but you might.”  Toomes then replied, “I have to start by asking you, when do you turn 18?”

Documents show over the course of 5 months, they exchanged 89 e-mails. They exposed themselves to each other over the internet on a video chat account Toomes created under a fake name. They met on several occasions and had sex at least three times.

In one e-mail she wrote: “Birth control doesn’t work 1 percent of the time. I carried your child until I had that spontaneous abortion.”  Investigators won’t confirm if she really carried his child.

If you have been accused or are being investigated of criminal conduct in Central Florida, contact the Criminal Defense firm of Tilden Law for a free initial conference to discuss your rights and possible defenses, 407-599-1234.

Orange County detectives arrested a Marion County Methodist pastor on allegations of soliciting a minor for sex and transmitting harmful materials to a minor.  According to Orlando detectives, pastor Kenneth Kleckner, a pastor at the Ocala West United Methodist church, a high school teacher from Texas was the latest to be arrested in a sex sting operation earlier today. 

According to authorities, Kleckner, a 44-year-old pastor, who is married and has four children, exposed himself via a web camera and talked about meeting the girl, Graves said.  They communicated through Yahoo and other chat services, and those communications took place at the church and Kleckner’s home, the detective said.

Detective’s said that Kleckner was “immediately remorseful,” when he was arrested at the church Friday andadmitted to engaging in the chats,” Graves said.  Kleckner was booked into the Marion County Jail on $55,000 bond.

Kleckner’s arrest follows that of Selami Duman, a 28-year-old high school teacher from Ft. Worth, Texas, who was also nabbed in a sheriff’s sex sting.  Duman was arrested in June after he traveled to Orlando to meet with who he thought was a girl he met online for sex, investigators said.  Graves said Duman also exposed himself on a web camera.  Duman was arrested June 15 on charges of transmitting harmful material to a minor and soliciting a minor for sex. He was released from the Orange County Jail on June 18 on GPS monitoring.

 If you have been arrested or charged with a sex, prostitution or other criminal offense in Orlando and are facing criminal prosecution in either Orange County, Seminole County, Florida, contact the attorneys at Tilden Law for an initial and confidential consultation, 407-599-1234.

Volusia County Sheriff’s officers made a surprising find while conducting a raid on a local residence.  Dozens of snakes, monitor lizards and other creatures were located in the home of James Walsh.  Walsh, 51, was arrested and charged with cultivation of marijuana, a felony and possession of drug paraphernalia.  Along with the arrest, Walsh was issued several citations by officers from the Florida Fish and Wildlife Conservation Commission for  improper storage of a venomous reptile, possession of a venomous reptile without a permit and possession of a species of concern.

Two other people who were in the home when a search warrant was served may face charges, according to the sheriff’s department.  The raid came after an investigation into drug activity at the home that last several months.

Agents seized 13 marijuana plants, almost 50 grams of cultivated marijuana, a sawed-off shotgun and narcotics paraphernalia such as smoking devices and rolling paper and an array of growing equipment that included fans, lights and plant chemicals, Davidson said.

Three of the plants were found inside the house, while the other 10 were growing on a patio deck in the rear of the home, placed among tomato plants to conceal them from view.

Agents found 26 snakes – some as long as 14 feet – kept throughout the house in aquariums, glass cases and storage tubs.  Five of snakes – a rattlesnake, a water moccasin and three vipers – were venomous and were among 11 snakes seized by the wildlife officers.

If you have been arrested or charged with a Drug Crime or other criminal offense in the Orlando area and are facing criminal prosecution in either Orange County, Osceola County or Seminole County, Florida, contact the attorneys at Tilden Law for an initial and confidential consultation, 407-599-1234.

University of Florida sophomore wide receiver, Frankie Hammond, was arrested early Sunday morning on DUI and liquor possession charges by UniversityPpolice.  Hammond’s vehicle was pulled over on allegations that he was speeding and swerving and was found with an open bottle of Crown Royal whiskey in his car.

Hammond, 20, has been suspended from all team activities, according to team spokesman Steve McClain. He was booked at 4:47 a.m. and released from Alachua County jail Sunday afternoon on his own recognizance, according to the jail front office.

According to University Police, Hammond driving faster than 45 miles per hour in a 20-mph zone while swerving on Gale Lemerand Drive on the UF campus at 2:09 a.m., according to a police report provided by Alachua County Sheriff’s Office.  Officers noted that Hammond’s speech was slurred and had, bloodshot and “glassy” eyes.  Standardized field sobriety test were given to Hammond which he reportedly failed.  Hammond reportedly had a blood alcohol level of 0.188 and 0.191, more than twice the legal limit.   

Hammond is at least the 28^th Gator to be arrested since Urban Meyer took over as head coach of the Gators. The last Gator to be charged with DUI was defensive end Carlos Dunlap four days before the Southeastern Conference Championship Game.

If you have been arrested or charged with a Orange County DUI or other criminal offense in Orlando and are facing criminal prosecution in either Orange County, Seminole County, Florida, contact the attorneys at Tilden Law for an initial and confidential consultation, 407-599-1234.

The Florida Highway Patrol is scheduling a DUI checkpoint near its South Semoran Boulevard headquarters to begin on Friday, June 11, at 9:00 p.m.  The DUI checkpoint is designed to cracking down on unsafe and impaired drivers. Earlier this year, a Orange County DUI checkpoint accounted for nearly 20 Orange County DUI arrests with another 10 arrests on a variety of other criminal charges.  That DUI checkpoint was conducted from 9 p.m. Friday to 4 a.m. Saturday, March 13^th.

If you have been arrested or charged with a Orange County DUI or other criminal offense in Orlando and are facing criminal prosecution in either Orange County, Seminole County, Florida, contact the attorneys at Tilden Law for an initial and confidential consultation, 407-599-1234.

The Orange County State Attorney’s office dropped a DUI charge against D’Anne Leigh Mica, daughter of U.S. Rep. John Mica, after an Orange County judge granted a defense motion to suppress the woman’s initial stop by the police, according to court records and sources familiar with the case.

D’Anne Leigh Mica was arrested in early 2010 on a charge of driving under the influence after police said she was stopped with a blood-alcohol content more than twice the legal limit.  Mica’s Orlando defense attorney filed motions to suppress the stop of Mica’s vehicle based on the Maitland Police officer being outside his jurisdiction when he stopped her.  The basis for the stop was to “check on her well being.”  The defense successfully argued that there was in sufficient probable cause to follow the woman and make the stop. 

Specifically, the defense argued that police cannot leave their jurisdiction to “check” on people for a “well-being” check and therefore had no authority to stop Mica’s vehicle outside their jurisdiction.  

Prosecutors initially planned to appeal the ruling but last week decided to drop the case. A police report indicated that Mica, a 34-year-old public-relations executive, was driving east on Horatio Avenue early on Jan. 8 when her black SUV drifted back and forth.  An officer stopped her and asked if she was OK. He noticed the smell of alcohol on her breath and that her eyes were glassy and bloodshot, he wrote in the report.

Mica also reportedly failed two officer-administered breath tests, blowing a 0.192 percent and a 0.198 percent. The legal limit is 0.08 percent.

If you have been arrested or charged with a DUI in Orlando and are facing criminal prosecution in either Orange County, Seminole County, Florida, or if you have had your driver license suspended for a DUI, contact the attorneys at Tilden Law for an initial and confidential consultation, 407-599-1234.

Our office was contactedI  by a former client to assist him in a Felony DUI charge out of Seminole County, Florida.  Our client had 3 prior DUI convictions and was facing mandatory jail and a mandatory lifetime driver license revocation.  In addition to the DUI charge, the State Attorney also charged driving on a suspended license and refusal to submit to a breath test.

Our client was alleged to have driven his vehicle in a manner consistent with impaired drivers.  He was ultimately stopped for weaving outside of his lane and stopping his vehicle in an intersection causing other vehicles to swerve to avoid a accident.  As part of the litigators, we recommended he enrol in counseling for alcohol addiction.  We filed pre trial motions and conducted depositions.  During the depositions, we were able to convince the arresting officer and State Attorney to reduce the Felony DUI to a misdemeanor reckless driving.  As a result, our client was not sentenced to jail/prison and avoided the DUI lifetime driver license revocation.

If you have been arrested or charged with a DUI in Orlando and are facing criminal prosecution in either Orange County, Seminole County, Florida, or if you have had your driver license suspended for a DUI, contact the attorneys at Tilden Law for an initial and confidential consultation, 407-599-1234.

Mildred Fernandez, former Orange County Commissioner, was charged in a 14 count charging document earlier today.  Fernandez faces numerous felony charges including racketeering, bribery, and grand theft.   Fernandez had recently put her hat in the ring for Orange County Mayor.

These allegations come after her recent arrest on allegations of accepting campaign contributions in exchange for helping a developer move his project ahead.

Fernandez was in the throes of a mayoral campaign when she was arrested April 27, but she was removed from her county commission post b by Governor Charlie Christ and she later abandoned her campaign.

The State Attorney’s Office has alleged that Fernandez agreed to help a man named Tony Cabrero push forward a commercial building project that was having difficulty gaining traction.  Fernandez is accused of forcing Cabrero to contribute to her campaign before agreeing to discuss his project in her district, according to an arrest affidavit.

An Orlando police officer accused of grabbing a woman’s lactating breast while working off duty resigned today.

Loverde, 31, is accused of grabbing the new mother’s breast after he walked her to her car at Firestone Live, a concert venue on North Orange Avenue downtown.   He is charged with battery, a first degree Misdemeanor  and false imprisonment, a second degree Felony. He was suspended without pay from the department on Dec. 17.

Loverde is currently out on bond in the amount of $5,500 with the additional condition of having no contact with the alleged victim.  Trial is currently scheduled for June 21, 2010.