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Fort Myers Criminal Defense Law Blog

Marine convicted of DUI crash gets post-war treatment

The defense attorney for a former Marine who pleaded guilty to causing a fatal drunk driving accident in Tampa, Florida, said his client and the crash victims were war casualties. The accused Marine suffered numerous injuries during nearly a decade of deployments to Afghanistan and Iraq and exhibited symptoms of post-traumatic stress disorder.

The 38-year-old combat veteran was removed from the battlefield and assigned a position at MacDill Air Force Base in 2010. Within days of starting the new job, the Marine drove drunk down the wrong way on Interstate 275 and collided head-on with another vehicle, killing its driver. The 48-year-old victim's wife had been traveling with her husband. She survived, but was injured.

Fort Myers native, college football star sacked with drug charges

There are very few among us who can look back on their teens and say they didn't make any poor decisions. As the saying goes, to err is human; it's also part of growing into a more responsible adult. But some mistakes come with a higher price than others, particularly when they involve breaking the law.

A Fort Myers, Florida, native who currently attends college in another state was arrested earlier this month on drug charges. The arrest could tarnish any university student's reputation, but as an All-American wide receiver with a promising future in football, the 18-year-old is dealing with a more public fallout than many other students his age.

26 years later, woman accuses Fort Myers man of sexual battery

Although a statute of limitations once existed for child victims of sex crimes in Florida, a law signed by Gov. Charlie Crist two years ago eliminated it, which means that people who were abused several years ago may still come forward with allegations.

One such case recently surfaced when a woman reported to law enforcement authorities in St. Lucie County that she had been abused by a 47-year-old Fort Myers man in the mid-1980s. An arrest affidavit for the man says the victim told police she was sexually assaulted at least 20 times over a two-year period. The abuse allegedly occurred at various homes in Fort Pierce when she was younger than 12 years old. Although the woman didn't live in Fort Pierce at the time, she spent weekends there during the summer when she was a girl.

2 men arrested after undercover drug raid in Fort Myers

Although the investigation of many crimes has gone digital, police still use fairly traditional means of cracking down on drug crimes. They continue to rely on criminal informants, audio recorders and good old-fashioned interviews to catch those suspected of selling or possessing drugs. It may pay to remember this if you're at risk of being arrested and convicted of such a crime.

Recently two men were arrested after an undercover drug sting at a home in Fort Meyers, Florida. Deputies with the Lee County Sheriff's Office sent a criminal informant to the home early last month, equipping him with an audio transmitting device, a hidden camera and $100. He was invited into the home, where the CI was able to buy five pieces of crack cocaine from a man, the Sheriff's Office said. About two weeks later, the same CI went back to the house with the same equipment and $60 in cash. This time he purchased three pieces of crack cocaine from the same man.

Fort Myers woman avoids jail time for federal fraud charges

Many times when we hear of cases involving fraud, there's a tendency to assume that the accused person is motivated entirely by greed. But more often than not, there are other underlying factors that lead someone to commit the offense.

A good example can be found in the case of a Fort Myers, Florida, woman who was recently sentenced on federal charges of Social Security fraud. The 63-year-old was overcome with emotion and broke down in tears as the judge told her that she wouldn't be required to serve jail time for the offense. Instead, she was given three years of probation and must pay $17,000 in restitution for forging and cashing in her mother's Social Security checks for her own personal use.

Florida man sentenced in DUI crash that killed woman

If you've ever been pulled over or involved in an accident while driving drunk, you may have vowed never to get behind the wheel after drinking again. It doesn't take a fatal crash to experience this remorse, but when someone loses a life, the pain and regret a driver feels for causing the accident can be overwhelming. It may even affect the defendant's sentence.

The driver in a fatal accident two years ago was sentenced recently for driving drunk and killing a Titusville, Florida, woman. He'll spend one year in jail and 15 more years on probation for his guilty plea to DUI manslaughter. If he violates the terms of that probation, he could spend more time behind bars. But the assistant state attorney prosecuting the case said the sentence was too lenient, and that the sentencing guidelines should have given him more than 10 years in prison.

Deputies say drugs found in search of vacationing man's condo

The popularity of TV crime dramas has turned a sizeable portion of the viewing public into amateur sleuths and lawyers. Fans of shows such as "CSI" or any of the various "Law & Order" series consume bits and pieces of information they might try to apply to their own lives. But because TV fiction rarely tells the whole truth, it doesn't hurt to brush up on how laws and amendments apply in real life.

Many people have at least a partial grasp of the Fourth Amendment, which guards against unreasonable search and seizure. But a recent drug arrest in Lee County, Florida, demonstrates that there are exceptions to the commonly held belief that police can't search a home without a warrant.

Illegal-drug substitutes in Florida bring mixed results, opinions

In a recent post we discussed the growing epidemic of prescription pill addiction. In the Fort Myers, Florida, area, alternatives are being developed, both to help users curb their addiction and avoid the risk of being arrested on drug charges. The results so far have been difficult to measure.


One alternative is treatment-based. Although people addicted to pain pills often undergo lengthy methadone replacement therapy or a long-term stay at a drug treatment center, a Southwest Florida treatment center is offering a new two-month outpatient detox plan that administers the drug Suboxone to ease withdrawal symptoms.

Retired Navy man gets 17 years in fatal Florida DUI crash

It's sometimes said that the penalties for fatal drunk-driving accidents aren't heavy enough. But there are many different factors considered at every DUI sentence hearing, and such a generalization doesn't take into account the lengthy prison sentences that many defendants ultimately face.

Take the case of a 58-year-old Florida man who was convicted in February for a June 2011 crash that killed two people. The retired Navy officer pleaded guilty to two counts of DUI causing death and one count of DUI causing property damage. He was sentenced to 17 years in prison earlier this month.

DUI arrest fallout continues for Tampa Bay's Matt Bush

People accused of driving drunk often find that their troubles don't end after they're arrested. Particularly if the incident resulted in an accident, there are multiple ramifications that can quickly overwhelm a defendant.

Recently we discussed the case of Tampa Bay Rays relief pitcher Matt Bush, who was arrested March 22 and accused of seriously injuring a motorcyclist in a DUI crash near Fort Myers, Florida. Police said he hit the 72-year-old motorcyclist and fled the scene in an SUV he borrowed from a teammate, even though his driver's license was suspended at the time. Police said he had a blood alcohol level of .180.

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