Jacksonville Criminal Attorney Blog

A guidance counselor was arrested in Jacksonville on charges of sexual battery. Tara Thompson, a Baldwin High School teacher, is accused of having sexual intercourse with a 17 year-old student. The actual charge she was arrested for is sexual battery on a victim under 18 years-old by someone having familial or custodial authority.

If you are over 18, you can be arrested for sexual battery in Florida for having sex with someone who is 17 years-old, even if the act was consensual. Sexual battery is defined as oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object. Sexual battery does not include an act done for a bona fide medical purpose.

If you are being accused of any type of sex crime in Jacksonville, contact a Jacksonville Sex Crime Attorney as soon as possible. No other accusations carry more stigma than sexual accusations, particularly when a child is involved. There is usually no physical evidence in these cases, just someone's unsworn testimony. A Jacksonville Criminal Lawyer can investigate motivations to lie in a criminal case and many times discredit witnesses/alleged victims.

A Santa Rosa police officer has been arrested on sex charges in Florida. Mitch Tomlinson was arrested for 120 charges of child sexual battery. Every charge of sexual battery is a felony, but what level it is depends on how old the child was at the time of the alleged incident. Lewd and Lascivious Molestation is when a child is touched and is under 12 years-old. Lewd and Lascivious Battery is when a child is touched who is over 12 years-old. The officer's bond is $845,000.

As a Jacksonville Sex Crimes Lawyer, I see many of these sex arrests in Jacksonville. Being convicted of a sex crime in Jacksonville and anywhere in Florida carries profound consequences. Before even considering entering a plea to a sex crime, consult with a Florida Sex Crime Lawyer to discuss your rights.

The California Supreme Court has upheld California's law restricting where registered sex offenders live, according to the L.A. Times. The law mandated that a registered sex offender had to live at least 2000 feet away from schools, parks, or any other place where children congregate. This law was challenged by sex offenders who claim there is no place they can live inside a city with this law.

Florida has a similar living restriction for sex offenders. They are not allowed to live within 1000 feet of places where children regularly congregate. Jacksonville is even more restrictive because it imposes a 2500 feet rule. This law has also been challenged by Jacksonville sex crime attorneys and is in the appellate process.

There are many sex crimes one can be arrested for in Jacksonville and all of Florida. In addition to committing the actual offense, you may be committing a crime if you don't report a sexual battery (rape).

If you see the someone rape someone else and:

1. have reason to believe that you saw the commission of a rape;

2. have the present ability to get assistance for the victim by immediately reporting the sex crime to the police;

3. do not call the police;

4. you would not be threatened with any harm if you called the police;

5. you are not the husband, wife, grandparent, child, grandchild, sister, or brother of either the suspect or victim; and

6. you are not the victim,

you can be arrested for a first degree misdemeanor in Florida. This crime is punishable for up to one year in jail and a fine.

Rape is defined as sexual contact without consent. Here are the statistics from the first six months of 2008 and 2009:

Reported Rapes

Jacksonville/Duval County
2008 - 133
2009 - 113

St. Augustine/St. Johns County
2008 - 11
2009 - 9

Clay County/Green Cove Springs/Orange Park
2008 - 44
2009 - 57

Nassau County/Fernandina Beach/Amelia Island
2008 - 2
2009 - 1

It is very easy to get arrested for a sex crime in Jacksonville. Unlike most other crimes, there is little evidence in sex crimes. It is often the word of one or two people, that's all. If a detective contacts you and requests that you come down to talk to him or her about possible accusations of sexual misconduct, DO NOT speak to them! Contact a Jacksonville Sex Crime Attorney as soon as possible to discuss your rights.

If you are an 18 year-old boy and have sex with someone from your high school who is under 16 years-old, you can be arrested for a sex charge in Florida. The crime is called lewd battery with consensual sexual activity with someone over 12 and under 16. This is a second degree felony punishable for up to 15 years in prison. This felony will also subject the defendant to becoming a sex offender in Florida.

In order to prove this sex crime in Jacksonville, the prosecutor has to show that the defendant has to engage in sexual activity with someone 12 years old or older but less than 16 years of age. The victim's lack of being a virgin and the victim's consent is not a defense to this sex charge. The defendant's ignorance of the victim's age is also not a defense. Even if the victim lies about their age to the defendant, the defendant still can be arrested for this sex charge in Jacksonville.

If a defendant is put on probation for a sex offense in Jacksonville, in order for him or her to have contact with a minor, a risk assessment must be completed and presented to the judge. In Florida, the assessment must be prepared by a qualified practitioner and must be written. The components of it are:

1. The sex offender's legal status.

2. The offender's history of adult criminal charges with a sexual motivation.

3. The offender's criminal history without a sexual motivation.

4. The offender's juvenile charges.

5. The offender's sex offender treatment history.

6. Mental Status of offender.

7. Work, social, educational history.

8. History of drug treatment.

9. Practitioner's opinion about contact with children.

A teacher has been arrested in Nassau County for unlawful sexual activity with a 17 year-old, child abuse, contributing to the delinquency of a minor, and other crimes. Stephen Turner is a teacher at Fernandina Beach High School and the allegations are that he had sex with a student. Turner is currently suspended from work and has a $260,000 bond.

If you are arrested for these charges in Nassau County, Florida, the penalties are as follows:

1. Unlawful Sexual Activity with a Minor, second degree felony - 15 years

2. Providing Obscene Material to a Minor, third degree felony - 5 years

3. Child Abuse - third degree felony - 5 years

4. Contributing to the Delinquency of a Minor - first degree misdemeanor - 1 year

A Volusia County man has been pardoned for a sex crime he was convicted of years ago. John Kemp was convicted of lewd and lascivious molestation and was sentenced to 1 year in jail with sex offender probation. Kemp was also to register as a sex offender for the rest of his life in Florida.

Kemp was pardoned this week and that means he will no longer be labeled a sex offender in Jacksonville or anywhere. The pardon will also allow him to live near schools, bus stops, or anywhere children congregate.

Kemp's original charge was based on him, 21 years-old at the time, having consensual sex with a minor. That minor, who was 15 at the time, is now his wife and the mother of his child.

If you are a convicted sex offender or predator in Jacksonville, you have to register with JSO every year. You also have to notify the DMV of any address changes. If you fail to register as a sex offender, you can be arrested for a third degree felony facing up to 5 years in prison.

To be convicted of this crime in Jacksonville, the prosecutor has to prove that the suspect is a sex offender, that he or she failed to register as a sex offender, and that the suspect has actual knowledge of the requirement and subsequently failed to comply with the requirement. Consult a Jacksonville sex crime law firm if you have further questions about sex crimes in Jacksonville.

When can a child testify in criminal court? This question comes up mostly in sex cases in Jacksonville when a child is the alleged victim. The court has to evaluate the child's "competence" to testify.

When a child's competency is at issue, the court considers:

1. Whether the child is capable of observing and recalling facts.

2. Whether the child is capable of narrating those facts to a court or to the jury.

3. Whether the child has a moral sense of the obligation to tell the truth.

A Jacksonville Sex Crimes Lawyer or the judge questions the child and the child's responses have to be sufficient to demonstrate the obligation to tell the truth.

The United States Justice Department Inspector General reports that sex abuse accusations against staff at federal prisons has gone up dramatically. Between 2001 and 2008, complaints have gone up 130%. Our federal prisons hold around 170,000 inmates in its 93 prisons.

In 2008, there were 155 allegations of sexual misconduct against corrections workers. Hopefully, these accusations were taken seriously because even though those who complained were in prison, they still have the right to not be harmed while in federal custody, especially by those who get paid to run these institutions.

A former Colorado prison guard must pay a former inmate $1.3 million as part of the inmate's civil lawsuit. The guard raped the inmate, but prosecutors allowed him to plea to a misdemeanor charge of illegal sexual contact. The guard served only 2 months in jail for the sex offense. The guard had a sexual relationship with the inmate, but this conduct is highly inappropriate as well as highly illegal. Not only did he have sex with the inmate, but when she refused to have sex with him, he anally raped her.

Even thought the case was finished in criminal court, an alleged victim can still sue civilly. That means if you are arrested on a sex crime in Jacksonville and a Jacksonville Sex Crimes Attorney gets the charges dropped, the alleged victim can still win in civil court. The burden of proof in a criminal case is much higher than in a civil case. In a criminal case in Jacksonville, the state attorney must prove you are guilty beyond and to the exclusion of every reasonable doubt. In a civil case, the other side must only prove more likely than not the event happened.

A police officer in Anchorage, Alaska has been arrested for:

- 4 charges of 1st degree sexual assault

- 6 charges of 2nd degree sexual assault

- 4 charges of criminal use of a computer

- 6 counts of official police misconduct

Anthony Rollins is accused of raping many women while on duty as a police officer. Both the Anchorage police department and the Federal Bureau of Investigation have been looking into these charges.

If you have been arrested in Jacksonville on rape charges, call our Sex Crimes Lawyers in Jacksonville at (904) 634-0900. Our Jacksonville Sex Crimes Attorneys are available anytime for a free consultation.

Gary Pignato, a New York police officer who has been fired, is going to prison for sexual coercion. The disgraced officer was convicted of misconduct, accepting a bribe, and coercion. He will spend 2-6 years in a New York prison.

Pignato had sex with a woman he met after being called to a domestic dispute involving that woman. The woman was on probation and was not allowed to drink while on probation. After they had sex, Pignato did not report her drinking, which would have been a violation of her probation.

If you have been arrested for violation of probation in Jacksonville, contact our Jacksonville Probation Lawyers at (904) 634-0900. Our Jacksonville Probation Law Firm is available anytime for a free consultation.

A Sainlas, California police officer has been arrested on felony charges of assault and intent to commit rape. Jesus Sanchez has been with the police force for 10 years. Police have been working with one victim, but are looking for more.

Sanchez is on paid leave and was let out of jail on bond.

If you have been arrested on sex charges in Jacksonville, contact our Jacksonville Sex Charge Attorneys at (904) 634-0900.

The Jacksonville Sexual Assault Response Center (also called SARC) may be closed due to budget cuts. The center, which examines and counsels potential rape victims, is the only such center in Jacksonville. The program estimates treating around 360 rape victims per year.

In Jacksonville, if you are accused and arrested for rape, the police and prosecutor will rely heavily on the SARC report. There is questioning done at the center about the incident and a full medical examination conducted. SARC is where criminal rape cases begin and it is important for a Jacksonville Sex Crimes Attorney to carefully examine the reports to make sure they are accurate and reported without bias.

If you have been accused of sexual battery (rape) in Jacksonville, call our Jacksonville Rape Attorneys 24 hours a day at (904) 634-0900.

A man in Lake City, Florida, was arrested last week for two counts of capital sexual battery. Michael McMilliam allegedly discussed touching children under 12 on an online chat. The arrest stemmed from a tip received by the Florida Department of Law Enforcement's Computer Crime Center.

Sexual Battery in Jacksonville and all of Florida means that there was oral, vaginal, or anal penetration or a touching of the sexual body parts of another without their consent. A child under the age of 18 cannot give consent to someone over the age of 18. If convicted of sexual battery on someone under the age of 12 years-old, there is a mandatory life sentence in Florida.

If you have any questions about sex charges in Jacksonville, call our Jacksonville Sex Crimes Law Firm at (904) 634-0900.

The Child Predator Cybercrime Unit was established 4 years ago in Jacksonville and has grown from 6 members to 30 across the state. The purpose of the unit is to protect Florida's children from sexual predators over the Internet. The unit boasts 140 arrests since its inception, including 77 arrested for possession of child porn in Florida recently. Two of the people arrested for child pornography were from Jacksonville and their cases are still pending.

If you are facing possession of child pornography charges in Jacksonville, call our Jacksonville Sex Crimes Lawyers at (904) 634-0900.

Pastor Darrell Gilyard, has entered a plea of guilt to two sex charges in Jacksonville. He is going to be sentenced in June to 3 years in prison and sex offender probation in Jacksonville. Gilyard will be sentenced for one count of lewd conduct and one count of lewd molestation.

Gilyard has to return for sentencing. That means if he comes to his sentencing on the date set by the judge, he will receive the negotiated sentence. If he fails to return for sentencing or gets arrested before sentencing, the plea will stand, but the negotiated sentence may not. That means the judge has the discretion to sentence Gilyard to up to 15 years in prison if he doesn't return or gets arrested in Jacksonville before sentencing.

If you have been arrested on sex charges in Jacksonville, call our Jacksonville Sex Crime Attorneys at (904) 634-0900 for a free consultation.