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Wednesday, October 27, 2010

Tampa Bay Criminal Defense Lawyer -intent to kill?

By Nicholas Dorsten, Esq.

An interesting article in the St. Pete Times re: murder and intent....

LARGO — Four young men got into a white Chevy Malibu late the night of Sept. 7, 2008, and when the ride ended, none of their lives would ever be the same.

One man was dead, another injured. A third had to take a life in order to save his own.

And the fourth is on trial this week, charged with kidnapping and second degree murder over some missing coins.

In opening statements Tuesday in the trial of the Defendant who is 20, his Clearwater defense attorney said the client had no knowledge a crime was about to occur when he went out that night with a friend and his foster brother.

"My client did not pull any trigger. He did not shoot at anyone. He called 911," the Clearwater criminal defense lawyer said. "It was not his intent to commit a kidnapping. He did not assist in it or act in concert with those who did."

But the defendant was charged with murder under a state law that says a person found guilty of committing a felony in which someone dies as a result can be charged with murder, even if that person is not the one who pulled the trigger.

According to Pinellas County sheriff's deputies, the defendant, and the two other men went to an Oldsmar motel that night looking for Sean Gerstmann. According to Morales, who was tried separately in July, the defendant believed Gerstmann had stolen some rare coins from him.

The young men didn't find Gerstmann, but did find one of Gerstmann's friends. Gregory Longley was sitting outside the motel when the group pulled up.

Deputies said Longley was forced into the car at gunpoint. Longley has said previously he heard the group plotting to kill him and started planning his escape.

The defendant was driving, Morales was in the front passenger seat. Longley sat in the back next to Strange, who had the gun, deputies said.

When Strange put the gun in his lap and began text-messaging, Longley grabbed the weapon and shot Strange. Then he shot Morales and ordered the defendant to stop the car, deputies said.

He complied and Longley got out. The defendant then drove to a McDonald's restaurant and called 911, Bryant said.

Strange, 18, died at the scene.

Morales, who was 17 at the time, was shot in the head but survived. In July, a jury convicted him of kidnapping, but acquitted him on a second-degree murder charge. He was sentenced to 30 years in prison.

Longley was never charged, after authorities concluded he acted in self-defense.

The first deputy to arrive at the McDonald's that night testified Tuesday that the defendant was crying, hysterical and "hyperventilating" when he first saw him.

Wearing khaki pants, a blue shirt and a tie, he sat quietly Tuesday with his hands folded in his lap when attorneys held a conference at the bench with Pinellas-Pasco Judge Philip Federico.

Sitting behind him, the defendant's father said he had flown to Florida from Virginia to support his son during the trial, but declined to comment about the case.

The prosecutor said the defendant told detectives that he actively participated in the kidnapping, a felony that caused Strange's death.

"The defendant admits being in that vehicle and admits he touched Mr. Longley and escorted him into that automobile," Allen said.

Longley is expected to testify when the trial resumes today.

Unlike previous blog entries regarding murder, this case is a bit different. Even though the defendant did not pull the trigger, he can be charged with murder because he participated in the commission of a crime.

Have you or a loved one been arrested for murder or violent crime? Then contact the Clearwater criminal defense attorneys of Blake & Dorsten, P.A. for a free consultation!

For more information, or to speak directly with experienced Clearwater criminal defense lawyers please contact BLAKE & DORSTEN, P.A. at 727.286.6141 or email the lawyers your questions at: info@blakedorstenlaw.com. We are located at 4707 140th Ave N, Suite 104 in Clearwater, across from the criminal courthouse in the airport business center, minutes from Tampa and St. Petersburg.

Sunday, October 24, 2010

Tampa Bay Criminal Defense Lawyer - celebrity drug bust

By Nicholas Dorsten, Esq.

Unlike some previous articles that were featured, involving drug possession, this one involves a local football celebrity. It will be interesting to follow this incident and see what happens.

According to the bay news 9 website, A tight end for the Tampa Bay Buccaneers faces drug charges after he was arrested in Tampa.

According to Tampa police, 30-year-old Jerramy Stevens was arrested at Cypress Street and West Shore Boulevard Saturday evening.

Police say a sergeant conducted a traffic stop on Stevens' purple Ford pickup truck for playing loud music.

When he approached the vehicle, the sergeant reported smelling marijuana coming from inside the vehicle.

A detailed search of the truck netted 38 grams of cannabis.

While details are still coming in, the arrest report says Stevens has been charged with possession of marijuana with intent to sell, possession of marijuana, and possession of drug paraphernalia.

On the report, Stevens' occupation is listed as "football" and his employer "Tampa Bay Buccaneers."

He was booked into the Orient Road Jail, but was released on $4,500 bond.

Stevens, a Washington native, has been with the team since the 2007 season, according to the Buccaneers website.

Have you or a loved one been arrested on a drug charge or drug trafficking? Then contact the Clearwater criminal defense attorneys of Blake & Dorsten, P.A. for a free consultation!

For more information, or to speak directly with experienced Clearwater criminal defense lawyers please contact BLAKE & DORSTEN, P.A. at 727.286.6141 or email the lawyers your questions at: info@blakedorstenlaw.com. We are located at 4707 140th Ave N, Suite 104 in Clearwater, across from the criminal courthouse in the airport business center, minutes from Tampa and St. Petersburg.

Tampa Bay Criminal Defense Lawyer - carjacking or kidnapping?

By Nicholas Dorsten, Esq.

Two interesting follow up articles from the Bay News 9 website.....

ST. PETERSBURG, Florida --
Police are looking for a man they said stole a car from a St. Petersburg parking lot - with a 6-year-old boy inside.

The child's mother told the police that she had just gotten off work and had picked up her son, Amare, to take him to his first-grade class when she stopped to go inside the Choice Food Store at 3401 Fifth Avenue S to buy him some breakfast.

She said she left the sleeping child inside her black Chevy Impala and her keys in the ignition. When she looked out the window a minute later, she saw the car pulling away and ran outside....but it was too late, her Impala was carjacked.

Less than 10 minutes later, officers found the car in an alley of the 4600 block of Fifth Avenue S. The child was found inside the car and was not hurt.

The suspect reportedly stopped the car, told the boy his mother was on the way to get him, then got out of the car and ran off.

Police said they believe that, because the Impala's windows are tinted, the suspect did not realize there was a child inside the car at the time of the theft.

Police are searching for the suspect, who they have described only as a man in his 20s. They said the gas station was equipped with a surveillance camera, which may have captured the suspect on video.

Officials are searching for a man who they said abducted a child during a carjacking attempt in St. Petersburg on Tuesday morning.

Detectives believe the 17-year-old St. Petersburg, Florida juvenile crime suspect got in the car when the mother left it running with her 6-year-old child inside.

Police said the child's mother ran into Choice Food Store for a few minutes with the keys in the ignition and when she went back outside, she saw her car being driven away by an unknown man, who is being accused of grand theft auto.

Her car was later found abandoned about nine minutes later on the side of the road and the child was found unharmed.

Detectives used surveillance video to identify the juvenile crime suspect, who is now facing charges of auto theft and interference with child custody.

Police said the suspect does not live at home with his parents and his current whereabouts are unknown.

Have you or a family member been charged with a theft crime or a juvenile crime offense? Then contact the St. Petersburg criminal defense attorneys at Blake & Dorsten, P.A. today. These experienced criminal defense lawyers are available 24/7 and offer free consultations. Email your questions to www.info@blakedorstenlaw.com or contact them at (727)286-6141.

Saturday, October 16, 2010

Clearwater Defense Lawyer : Domestic Violence

By Nicholas Dorsten, Esq.

An article on the St. Petersburg Times website discussing domestic violence on the rise in Florida.....

"Crime was down in Florida and throughout much of Tampa Bay in the first half of 2010, according to statistics released Tuesday by the Florida Department of Law Enforcement.

However, those numbers also show a rise in murders in Florida — especially killings linked to domestic violence.

That's why state officials also announced Tuesday a pilot program in Manatee and Sarasota counties aimed at helping victims of domestic violence get on their feet economically.

The Florida Agency for Workforce Innovation said it will fund the job training and placement program with $500,000 in federal money. The goal: help domestic violence victims achieve financial independence so they're not forced to stay in abusive homes.

Tuesday's numbers reflect crimes reported to Florida's law enforcement agencies in the first six months of 2010 compared with that period in 2009.

They show that murders rose about 4 percent, going from 470 deaths in 2009 to 487 this year. But domestic violence murders were up about 6 percent — or five more lives lost this year. Domestic violence murders have totaled to 91 so far this year.

The total number of reported crimes in Florida dropped 5 percent, and FDLE Commissioner Gerald Bailey said Tuesday that he doesn't expect that trend to change for the rest of 2010.

"We know that these first six months are an indicator of what the year should look like," Bailey said. "We're optimistic that this downward trend will continue."

Statewide robberies and vehicle thefts were both down 17 percent — 2,633 fewer robberies and 4,360 fewer thefts this year.

Despite budget cuts, most of Tampa Bay's law enforcement agencies reported drops in the volume of crime in 2010.

Crime was down 13 percent overall in Hillsborough County.

The Hillsborough County Sheriff's Office reported a 12 percent drop and the Tampa Police Department saw an 11 percent decline.

Police Chief Jane Castor praised her department's aggressive tactics. "We have reduced the number of crime victims in our city by adopting a mentality that there is no such thing as a minor crime in Tampa," she said.

Pinellas County saw an 8 percent drop. The St. Petersburg Police Department reported a 14 percent fall and the Clearwater Police Department saw a 6 percent decrease".

What does this mean if you need a St. Petersburg criminal defense attorney or Clearwater criminal defense lawyer? It means if you have been accused of a violent crime, such as domestic violence, you need to hire an experienced criminal defense lawyer to help defend YOUR rights!

Have you or a loved one been arrested for domestic violence or violent crime? Then contact the Clearwater criminal defense attorneys of Blake & Dorsten, P.A. for a free consultation!

For more information, or to speak directly with experienced Clearwater criminal defense lawyers please contact BLAKE & DORSTEN, P.A. at 727.286.6141 or email the lawyers your questions at: info@blakedorstenlaw.com. We are located at 4707 140th Ave N, Suite 104 in Clearwater, across from the criminal courthouse in the airport business center, minutes from Tampa and St. Petersburg.

Sunday, October 10, 2010

Clearwater Defense Lawyer : Juvenile Crime

By Nicholas Dorsten, Esq.

An article in the St. Pete Times dealing with Pinellas juvenile crime.....

DUNEDIN —Two teens have been arrested in connection with the beating of a Dunedin High student on Thursday afternoon.

The 15-year-old girl was attacked by two other teenage girls at a bus stop across the street from the school at 1650 Pinehurst Road, according to the Pinellas County Sheriff's Office.

The teenagers drove up in a car, got out and beat the student, knocking her to the ground and kicking her in the face, then driving off, deputies said. The attack was apparently over a boy, said a Sheriff's spokeswoman.

The girl was transported to a local hospital for treatment of serious, but non-life-threatening injuries.

Initially, authorities were looking for three girls, but one of the other girls at the scene did not participate, the spokewoman said said. The teens were arrested around 11 a.m. Friday. Both were 15. One attended the same school. The other attended Countryside High, she said.

The teenagers were arrested on misdemeanor battery charges and transported to Pinellas Juvenile Assessment Center. Their names are not being released because they are minors.

I often get asked, as a Clearwater criminal defense lawyer, about juvenile criminal lawyer techniques and the difference between juvenile and adult charges.

The differences can be massive! As I often tell the parents of my juvenile criminal defense clients, you don't want one mistake to haunt you for the rest of your life! Luckily, for the most part, Pinellas County has a good juvenile court system set up and the judges there know that teenagers/juveniles often don't have control of their emotions yet.

A juvenile charged with a crime, unless it is serious, usually is still charged as someone who is under 18 and the punishments are considerably lighter. In the case mentioned above, a battery charge, when the defendants are charged as juveniles, they will probably have to undergo counseling and court supervision.

As I have mentioned in previous posts about violent crimes, such as battery, if the young offender can stay in juvenile court, he or she has a much better chance of her charges not ruining their lives....

Have you or a loved one been arrested for a violent crime or a juvenile offense? Then contact the Clearwater criminal defense attorneys of Blake & Dorsten, P.A. at (727)286-6141 or visit our website at www.BlakeDorstenLaw.com for a free consultation!

Friday, October 1, 2010

Clearwater Defense Lawyer : Marijuana bust

By Nicholas Dorsten, Esq.

An interesting article from the Bay News 9 website.....

BRANDON --
A man was arrested on Wednesday after he delivered 30 pounds of marijuana to a Hillsborough County Sheriff's Office in a sting operation.

Detectives say the Tampa marijuana trafficker, negotiated with undercover officers to sell them $42,000 worth of drugs after they had been investigating him for about a month.

According to the report, the drug trafficker arrived at the arranged area at 1:15 p.m. with the marijuana and following his sale to the undercover detectives, was arrested.

The defendant was charged with trafficking in cannabis 25 to 2,000 pounds, which is a first-degree felony.

He is currently is being held at the Hillsborough County Jail with no bail set.

In addition to the drug trafficking charge, depending on his circumstances, the defendant could also be charged with possession of marijuana, possession of drug paraphernalia or other drug related charges.

Due to the weight of the marijuana, the man is likely to face mandatory prison sentences.

Have you or a loved one been arrested for a drug charge or drug trafficking? Then contact the Clearwater criminal defense attorneys of Blake & Dorsten, P.A. for a free consultation!

For more information, or to speak directly with experienced Clearwater criminal defense lawyers please contact BLAKE & DORSTEN, P.A. at 727.286.6141 or email the lawyers your questions at: info@blakedorstenlaw.com. We are located at 4707 140th Ave N, Suite 104 in Clearwater, across from the criminal courthouse in the airport business center, minutes from Tampa and St. Petersburg.