Jacksonville Criminal Attorney Blog

Ward Powell and Tanya Wheeler of Greenville, South Carolina have been arrested in Palm Beach on charges of lewd or lascivious behavior and indecent exposure in public. The two were arrested around 8:30 a.m. for what Powell claim’s was them not being able to control themselves after going skinny dipping. The couple allegedly started kissing in the water, and then moved to the sand to have sex. Fellow beachgoers complained to cops, who caught the naked couple in the act.

Under Florida law, exposure of sexual organs, or “indecent exposure,” is a serious criminal offense that has devastating long-term consequences for the accused. In addition to the potential penalties, a conviction will subject the accused to a permanent stigma and will permanently interfere with employment prospects, professional licensing, college applications, and other aspects of your daily life.

Lewd or lascivious behavior is different from most sex crimes in Jacksonville because the essential element of touching, found in most other sex crimes, is absent. Lewd or Lascivious behavior and indecent exposure can range in act, and may include such things as:

- The simulation of any act involving sexual activity
- Intentional masturbation;
- Intentional exposure of the genitals in a lewd or lascivious manner
- Intentional commission of any other sexual act not involving actual direct physical or sexual contact with the public or a victim

To prove the crime of indecent exposure (exposure of sexual organs), the State must prove the beyond a reasonable doubt that:

- One intentionally exposed or exhibited one’s sexual organs or was naked;
- One did so in a public place, on the private premises of another, or so near the private premises of another as to be seen from those private premises;
- One intended the exposure or exhibition of one’s sexual organs or nakedness to be in a vulgar, indecent, lewd, or lascivious manner;
- One’s exposure or exhibition or nakedness was in a vulgar, indecent, lewd, or lascivious manner.

A tremendous defense that one has to indecent exposure is the definition of the location of where the crime was said to have taken place. If the location is not a “public place,” or a place intended to be frequented resorted to by the general public, then one cannot be found guilty. Many times, couples decide to go skinny-dipping in the backyard, and may get decide to have sex. As recent stories have shown, neighbors with kids on the second floor do not always approve of two adults having sex in front of their children’s eyes. Now, because of a child’s snooping eyes, the police are called and someone is accused of indecent exposure, possibly in front of a minor, which will aggravate the charge.

Indecent exposure charges can be bad enough, but when being accused of an act applicable to the statute and children happened to be part of “the public” one might possibly be charged with child abuse or sex crime charges of child abuse. Penalties for sex crimes involving children, even for indecent exposure, can be serious, including:

- Restricted work opportunities
- Jail or probation sentence of up to 15 years
- Permanent felony Record
- Counseling sessions, and
- Registration as a sex offender for life

Remember, if one’s exposure was unintentional or was not lewd in purpose, or if the exposure was not intended to be viewed by others, this will provide a complete defense to the charge. The offense must furthermore occur within a location specified in the statute, and must surpass mere nudity. In many situations, one’s experienced attorney might be able to negotiate down an indecent exposure charge to a less serious charge, saving the accused the time and grief of being possibly in prison and having a more egregious charge on one’s record.

One in a situation such as this should obtain an experienced Jacksonville sex crimes defense attorney to fight for one’s case and ensure one’s rights, defenses, and options are known and protected. One cannot fight this battle alone. With the help of an experienced attorney, one can be sure that this mistake will be whited out of one’s life and become a thing of the past.

Continue reading "Florida Police Nab Two South Carolina Beach Goers For Having Questionable Fun In The Sun" »

Public safety concerns from both Iowa and national law enforcement have arose concerning a two-year-old state law on gun permits allowing registered sex offenders to obtain a weapons permit. Because of this law, in Iowa, it is legal for a sex offender to carry a weapon, a privilege that sex offenders in Florida do not share.

People convicted of felonies, including sex offenders, are prohibited from obtaining a lawful gun permit. Under federal law, any and all persons convicted of a felony or a domestic violence misdemeanor are subject to up to 10 years imprisonment in Jacksonville for possessing a gun. This means that only persons without a felony or domestic violence conviction are even lawfully able to possess a gun, let alone get a lawful state permit for one.

There is no conclusive national data on how many weapons permits are being issued to convicted sex offenders, because some sex offenders can obtain permits to carry weapons despite authorities’ inability to track and are not fully or even partially aware of the large numbers of permits being issued.

Sex offense recidivism rates are much lower than commonly believed. Only 5 to 14 percent of known sex offenders will commit a subsequent sex crime within three to six years after incarceration. That is far lower than rates for other types of crime, such as drug or theft offenses.

The Supreme Court is beginning to more clearly carve out what rights one has regarding firearms, and as the old fear of sex offender recidivism begins to wane, the growth of rights of sex offenders regarding guns has begun and should change. The Supreme Court of the United States (SCOTUS) in District of Columbia v. Heller, 554 U.S. 570 (2008), held that the Second Amendment to the United States Constitution protects one’s right to possess a firearm for traditionally lawful purposes, such as self-defense within the home and within federal enclaves.

Many times, people who have committed crimes in the past and do intend to commit one again, including sex crimes, have a legitimate fear for their safety without a firearm. As such, denying gun permits to otherwise eligible persons on a state sex offender registry might be in some circumstances, uniquely unconstitutional. There has long been established evidence of those who commit vigilante violence against persons, sometimes in groups, based simply on their name being listed on a sex offender registry.

Many citizens in Jacksonville can track a history of serious personal threats of serious violence directed toward them because of their name being listed on the registry, and as such, feel the genuine need to possess a firearm in order to protect oneself. The state cannot reasonably require a sex offender’s name and address to stay on the sex offender registry while also prohibiting the right to keep and bear arms.

Many times throughout Jacksonville, the accused is just someone who has a legitimate fear for their life because a past mistake that they cannot unfortunately change. Other times, they are the victim of a mistake in driving another’s car that happens to have a gun within it, and because of their lack of knowledge, they suffer at the hands of a law enforcement officer who is just doing their job. Fortunately, if one obtains an experienced Jacksonville gun crimes defense attorney to fight the case and ensure one’s rights are protected, one can be sure that one will not be a victim in a fight one may not win on one’s own.

Continue reading "Federal Law Enforcement Concerned Over Iowa’s State Law Allowing Sex Offenders To Possess Firearms Expanding To Other States Like Florida " »

Convicted sexual predators in Bradford County, FL, now have red reflective warning signs outside the homes. Eighteen sex predators in particular who live in Bradford found large red signs outside their homes last week that read, "A convicted sexual predator... lives at this location. The signs are only being posted at the homes of sexual predators, not sex offenders. A predator is someone who had been convicted of a first-degree felony and is either a repeat offender or their crimes are violent with a victim under 12.The signs cost about $10 a piece.

There are some major differences in the requirements of the charge between sexual offenders and sexual predators. The primary difference between the two is the number of times throughout the year that the offender must register; sexual predators must register four times annually and sexual offenders need to register only bi-annually. While the charges differ in type and severity of act, the requirements for registration are almost identical. If one fails to register as required by law, one could possibly be arrested and face numerous other penalties, including jail time.

What happens after one is required to register though? No one wants their registration as anything sexual out for the public to see and hear about. However, police may notify the public of a sexual predator’s designation. According to FL Statute 775.261, the sheriff of the county or the police chief of the municipality where the sexual predator resides shall notify the community and the public of the presence of the sexual predator in a manner that is deemed appropriate by the sheriff or the chief of police. Upon notification of the presence of a career offender, the sheriff or police chief may notify the community and the public of the presence of the career offender in a manner deemed appropriate by the sheriff or the chief of police.

The major problem with this statute is that the sheriff or police chief in the location that the offender lives has broad discretion in the manner of informing the public. This can be in the form of having a website available for citizens to view the locations of sexual predators, or even having pamphlets sent out to each citizen’s mailbox informing them of predators. However, there are major problems with signs outside of an individual’s home, predator or not.

One has a right to privacy in one’s home. Even if one has done something wrong and been convicted, one may still reasonably expect that one will not be subject to other crimes caused by other people for a designation of what one is, which designation in some cases, results from a correct conviction on previous charges, but a false conviction on the last, making one a career criminal.

The major problem with signs outside of career offenders’ houses, even though some did in fact harm others with their sexual acts, is that some ordinary citizens get angry at sexual offenders, either because of another’s sexual misconduct towards them personally or harm to a loved one. Some have been known to actively seek out sex offenders and harm them, either via property damage or even physical violence.

Some offenders are scared to register as a sexual offender because of this very problem. Remember though, failing to register as a sex offender is a felony. Also remember that some registration laws can be rather strict, requiring those convicted of a sex crime to register in whatever state they move to or work in. Some sexual offenders, who after decades have probably moved on from the conviction, are still forced and are therefore still fearful of the danger in exposure of one’s past all over again, which will be guaranteed to happen unfortunately if one fails to register.

One in a situation such as this should obtain an experienced Jacksonville sex crimes defense attorney to fight for one’s case and ensure one’s rights, defenses, and options are known and protected. One cannot fight this battle alone. With the help of an experienced attorney, one can be sure that a simple mistake like failing to register will not become a bane on one’s life and become a thing of the past.

Continue reading "Signs Declaring Sexual Predators’ Residences Possibly Causing Increase in Fear to Register in Florida " »

Former 30 year Interstate Baptist minister Douglas Wayne Myers, 63, who has served time in Florida on sex crime charges and was indicted late last year on 22 counts related to alleged child and sex abuse incidents, has rejected a deal from the Calvert County State’s Attorney’s Office to plead guilty to five of the counts. Myers is charged with 13 counts of child abuse/custodian, six counts of second-degree sex offense and three counts of third-degree sex offense, all alleged to have occurred between March 1995 and December 2000.

A plea bargain or plea deal is an agreement in criminal cases between the prosecutor and the accused whereby the accused in return for admitting guilt of a criminal charge, in return for some reduction in punishment from the prosecutor, either in the form of a lighter punishment for the original charge, or a less serious charge with lighter consequences than what was originally charged. This may mean that the accused will do one of the following:

- plead guilty to a less serious charge,
- plead to one of several charges, in return for the dismissal of the other non-pled charges, or
- plead guilty to the original criminal charge in return for a more lenient sentence.

Often, the accused will choose a plea deal in order to receive a less severe sentence
because of hedging the amount of time served for the crime, rather than betting their freedom on a gamble, the risk they take if they were to go to trial and be convicted.

Depending on the seriousness of the crime, and the amount of evidence against being used against the accused, sometimes the accused feels it is better to admit the crime and receive a sentence right away, rather than wait for a trial and a possibly larger sentence.

There are some benefits and detriments to pleading guilty in Jacksonville. Many times in Jacksonville, the deck is stacked and the State Attorney has enough evidence to convict one of the charge. Also, not all crimes allow for very many mitigating or lessening circumstances, much less an affirmative or alternative defense to the commission of the crime. Taking a plea deal in this situation can push the matter to resolution quickly without being forced to sit through a stressful crap-shoot trial.

Many times, plea deals might be a means for many to get out of jail. For some, the stress of jail is too much to handle and is understandable; jail is not a nice place. Many times, if the criminal is in custody and has no chance or opportunity to be bonded out, then a plea bargain is the other option for jail release.

The court favors plea bargains because they reduce the time and expense needed to move one’s case through the justice system. Prosecutors are not allowed to bargain with one if one is unrepresented; therefore, an attorney is necessary if one wishes to choose this path through the system. However, as the use of plea deals in Jacksonville, as well as around the nation, are being more and more inappropriately used and advised by attorneys, one needs to obtain an experienced attorney who will bargain in one’s favor rather than the prosecutor’s.

A plea bargain is not always the best option for the accused in a criminal suit. Some crimes may be too serious, and therefore require a trial. Others are clear cut cases of police misconduct or cases of tampered evidence that can and should be suppressed. However, many State attorneys will attempt to rush a plea agreement before the truth of one’s innocence or the invalidity of the evidence comes to light.

Many times, people commit crimes they would not normally ever think of doing; others are simply accused of things they did not do. When this happens, one should not talk to police, prosecutors, or any other individual but one’s experienced Jacksonville felony violent crimes defense attorney who will fight the case, ensuring that one does not become the victim of a powerful State operated legal system.

Continue reading "Former Traveling Baptist Minister Rejects Plea Bargain For Sex Crimes Against Children, Some From Florida " »

Arkeem Kvontae Askew, a 13-year-old Jacksonville middle school student, was arrested Monday on a charge of sexual battery against another student at the school. Askew was arrested at Kirby Smith Middle School on Hubbard Street. The victim said she was walking toward her locker about 3:30 p.m. Monday when she was approached by a boy. She said he forced her into the girls’ rest room, pulled down her pants and underwear and tried to rape her. When she struggled, he pushed her into a bathroom stall, overpowered her and raped her.

Although those who commit sex offenses against minors in Jacksonville are often described as “predators” or “pedophiles”, and thought of as adults, it is important to note that a substantial portion of these crimes are perpetrated by other minors who do not fit the image of such terms.

The sexual behaviors that bring youth into the court on a daily basis include such activities as:
- sharing pornography with younger children,
- fondling a child over the clothes,
- grabbing peers in a sexual way at school,
- date rape,
- gang rape, or
- performing oral, vaginal, or anal sex on a much younger child.
Some of these situations involve one or more victims and one or more occurrences of sexual activity. Unfortunately, many of Jacksonville’s juvenile sex offenders come from a variety of family backgrounds and many times have various family problems, including prior abuse by the parent in many situations. In some cases, a history of childhood sexual abuse has been shown to contribute to later juvenile sex offending, but most sexual abuse victims do not become sex offenders in adolescence or adulthood.

Known juvenile offenders who commit sex offenses against minors span a variety of ages. The percentage of juvenile sex offenders rate has been shown to increase sharply around age 12 and levels out after age 14. As a proportion of the total number of juvenile offenders arrested for sex crimes, 38 percent are between ages 12 and 14, and 46 percent are between ages 15 and 17. The vast majority (93 percent) are male.

Juvenile offenders typically have a different method of operation than adult sex offenders would. A juvenile offender is typically drawn to the idea of sexual contact with another minor while at school or at a friend’s house. In the minor’s mind, only when adults are around is the time that this sexual conduct is frowned upon. Therefore, the child either skips school or removes themselves from adult supervision in order to pursue sexual contact with another.

Those juveniles charged with sexual battery charges are registered in the system and have records as sex offenders. This can be damaging to many of Jacksonville’s citizens’ careers, particularly for those juveniles charged with sex crimes. Many of these charges are the result of two love-struck teenagers who were caught by their parents and reported to police. Then, typically the male would be charged and placed on the sex offender registry, severely hindering this first and possibly only-time offender’s future of a decent career.

To fight this problem, In 2007, the "Romeo and Juliet" law was enacted by the Florida legislature. This law allows those previously convicted of a Lewd or Lascivious offense or Sexual Battery to petition the court for removal from the sex offender registry, assuming they meet a strict set of eligibility requirements, listed below:
- One engaged in a consensual sexual encounter with a 14, 15, 16, or 17 year old minor;
- One was no more than 4 years older than the alleged victim at the time of the sexual encounter
- One was subsequently convicted of sexual battery or other Lewd or Lascivious Offenses
- One does not have any other convictions for a Lewd or Lascivious Offense, Sexual Battery, or Lewd or Lascivious Exhibition using a Computer.
- One was required to register as a sexual offender/predator solely because of the single conviction.

One in a situation such as this should obtain an experienced Jacksonville sex crimes defense attorney to fight for one’s case and ensure one’s rights, defenses, and options are known and protected. One cannot fight this battle alone. With the help of an experienced attorney, one can be sure that this mistake will be whited out of one’s life and become a thing of the past.

Continue reading "13 Year Old Jacksonville Boy Gets Groove On In Local Middle School; Arrested For Sexual Assault" »

Dundee Michigan Police had police in Lakeland, Florida help them bring in 52-year-old Samuel Savett, accused of criminal sexual conduct against a 13-year-old girl, from Florida to Michigan to be tried.

The Extradition Clause of the United States provides for the return of an individual charged with a crime in one state who is physically located in another state. Originally, the legal authority for interstate extradition was found in the Article IV, Section 2, Clause 2 of the United States Constitution which states:

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

When one has committed a crime in another state, that state many times will issue an extradition warrant. An Extradition Warrant is an Arrest Warrant issued by another state, requesting that local authorities in the asylum state (the state where police suspect fugitive is) arrest a fugitive and transport the fugitive back to the demanding state.

One of the most important reasons one needs an experienced attorney in interstate extradition cases is that even if the demanding state has authorized the person to post a bond, the bond cannot be posted in the asylum state, only in the demanding state. As a result, the person must remain incarcerated until the demanding state retrieves the fugitive; a process that often takes thirty days or more.

The only way to avoid incarceration pending extradition is to convince a judge in the asylum state to set what is known as an Extradition Bond. An Extradition Bond allows a person to post a bail-bond, which is usually conditioned on the person either surrendering in person to the demanding state or being required to reappear at a later date for what is known as an extradition hearing.

This happens in many extradition cases involving probation, the judge may decide to withdraw the warrant and terminate the probation so that one never has to return to Florida to answer the charges that one violated probation. This usually requires one to show that the probation warrant is extremely old, and that one has turned one’s life around and become a productive member of society without any new charges.

If an extradition bond is granted, the person would be required to first post a bond in the asylum state, then voluntarily travel to the demanding state to surrender, and then provide the asylum state with proof of the surrender. Once the proof of surrender is provided, the bond in the demanding state will be released.

One has certain rights from state to state, regardless of any specific state regulation, including:

- Being provided certain due process protections including the hearing and the opportunity to be represented by a lawyer while awaiting extradition;
- If one has been detained, being able to expedite the process by formally waiving the above due process protections (waiver of extradition);

If one has not waived extradition, then one’s experienced attorney will petition the court mandatorily conduct a hearing to determine if sufficient facts support the request for extradition, ensuring that all required legal formalities and procedural safeguards have been complied with in the actual warrant formation, including:

- the arrest warrant actually being issued by another state (the demanding state),
- the demanding state producing a sworn charging document alleging a criminal offense (This document must be certified “authentic” by the demanding state),
- the sworn documents providing sufficient information identifying the arrested person as the actual fugitive, AND
- the demanding state mandatorily retrieving the fugitive within thirty days from time of arrest or the fugitive will be released (Although some states allow up to 90 days before they will release a fugitive).
If either the waiver is executed or the court conducts the hearing, then the demanding state is required to take custody and transport (extradite) the person within thirty days.

If one stands back and does nothing while knowingly being wanted in another state, one may be arrested when one least expects it, as a police officer will arrest one if he or she discovers the Arrest Warrant. If one is in a similar situation, one should obtain an experienced Jacksonville extradition defense attorney to have the warrant or capias recalled and if the warrant is invalid, be able to show that warrant’s invalidity.

Continue reading "Florida Man Arrested On Michigan Extradition Warrant For Sex Crimes Against 13-year-old" »

The U.S. Department of Education decided it was time to take a further look into the treatment of sexual assault cases at the University of North Carolina at Chapel Hill. This request was made by past and present students of the university and former administrators, who claim UNC has a reputation of sweeping sex assault claims under the rug.

The investigation was sparked by a discrimination complaint made by several women who said the school mishandled sexual assault cases on campus. The allegations brought about outrage on the university’s campus and national level. In an additional complaint filed with the Education Department, the women said the school also violated federal laws that mandate universities to fully reveal crimes on campus.

Many times, when accusations are brought to the forefront of a college campus’ attention, school administrators will pursue an internal investigation before contacting police. An internal investigation many times is purported to help to protect victim and accused, but is many times for the protection of school athletics programs.

Other times, law enforcement officers can rush the investigation. The high-profile nature of the accusations also contributes to a less than objective investigation. Law enforcement officers often believe the alleged victim even as the physical evidence begins to pile up that contradicts those accusations.

When people think of rape they immediately think of an encounter with a stranger. However, the crime of sexual battery is most often alleged between two people who know each other such as acquaintances, friends, co-workers, classmates, relatives, neighbors, dating partners. or even married couples. Often these cases hinge on whether a female "consented" to sexual intercourse after drinking alcohol or using drugs.

Under Fla. Stat. § 794.011, one may be properly convicted of rape in Florida if one commits a sexual battery. Sexual battery is defined as any non-consensual oral, anal or vaginal penetration by the sexual organ of another person or any other object that is not for a medical purpose. This charge can be a first degree felony, life felony or capital felony, depending on the age of the victim, whether a weapon was used during the commission of the offense, and whether the victim had any disabilities.

Many times, colleges will let in under age students, who will eventually mix with the general populous of adult students. This exposure is often too much to control, leading to unlawful sexual activity with a minor (Statutory Rape) charges. Many students may be charged with this offense if they are at least 24 years old and engage in sexual activity, or oral, anal or vaginal penetration, or union with the sexual organ of another, who is 16 or 17 years old. This offense is punishable as a second degree felony, exposing one to a long prison sentence and excessive fines and restitution costs.

One in a situation such as this should obtain an experienced Jacksonville sex crimes defense attorney to fight the case and ensure one’s rights, defenses, and options are known and protected. One cannot fight this battle alone. With the help of an experienced attorney, one can be sure that this mistake will be whited out of one’s life and become a thing of the past.

Continue reading "UNC Chapel Hill Sex Crimes Reporting Failure May Have Reach On Jacksonville Campuses" »

Two miles of sugar cane separate 100 men living in a pseudo-sex-offender colony from nearby Pahokee, itself a flyspeck on the shores of Lake Okeechobee, Florida. This is among one of few places to live comfortably as a sex offender in Florida. For many of these men, pushed to the fringe by residency restrictions, Miracle Village was the last net before homelessness. A Christian ministry oversees about a dozen of the 65 dwellings on 24 acres. "But it's totally changed, now we're a part of the community." Some of offenders had sex with their underage girlfriends. Some viewed child pornography. One resident, a leader in the ministry, was a teacher at a Palm Beach County school who confessed to molesting students.

Some city and county ordinances in Florida make it extremely difficult--if not impossible--for sexual offenders to live lawfully in their communities. Sex offenders in cities all throughout Florida have resorted to living under bridges, sleeping on benches, and sleeping in just about anywhere they will not be arrested for merely being present in order to comply with some of Florida sex offender registration laws.

Sex offenders, as a part of sex offender probation are often are not allowed to reside near schools or parks, and many are further restricted by the terms of their probation, including where they live and how close their residence is to places where potential victims might be.
Municipalities and counties all throughout Florida and the Southeast are in a race to push sex offenders into the neighboring communities. Many times, this push becomes a competition, leaving both law abiding citizens and sex offenders, many times one-time sex offenders, losing.

As of September, 2008 there were 7000 schools, 14000 registered daycares, 3600 parks and approximately 250,000 bus stops in Florida. The numbers of additional locations that are prohibited by the local ordinance restrictions are not delineated in any collective source to date but have included public libraries, churches, theatres and pools, etc. It is of further complication to all who are charged with enforcing these restrictions, that neither Florida Statute nor many of the local ordinances provide definitions for these places, causing the determination of what is an appropriate and legal residence for these offenders, increasingly confusing and difficult.

Residency restrictions become more complicated when the one has any medical or special needs conditions that require any level of care. Nursing homes and assisted living facilities are becoming wary of accepting released offenders because they want to avoid having sexual offenders registered at their addresses. This problem will worsen as prison sentences increase, resulting in older released offenders who are more likely to have deteriorating health conditions

One in a situation such as this should obtain an experienced Jacksonville sex crimes defense attorney to fight for one’s case and ensure one’s rights, defenses, and options are known and protected. One cannot fight this battle alone. With the help of an experienced attorney, one can be sure that this mistake will be whited out of one’s life and become a thing of the past.

Continue reading "Florida Sex Offender Residency Restriction Laws Inadvertently Causing Sex-offender Colonies " »

According to the Delaware Sex Offender Registry, Thomas M. Hale was convicted in Florida in March 1993 of committing a lewd and lascivious act upon a child between the ages of 1 and 11. Delaware State Police are looking for him on a warrant for failure to re-register his current address with authorities. Investigators said Hale is a Tier II (medium-risk) sex offender, and as such must register his current address and notify the Delaware Sex Offender Apprehension and Registration Unit within three days as he is required to do by law.

There are a variety of laws that fall under Lewd Statutes, generally the maximum penalty can be up to fifteen (15) years in prison and, in rare circumstances, the minimum sentence can be sex offender probation. The typical lewd offenses are lewd or Lascivious Molestation, Sexual Touching of a Child and Lewd or Lascivious Conduct or Exhibition.

If one is convicted of such an offense, one will take on the designation of sex offender. Every person convicted of a sexually related felony offense is forced to comply with sexual offender registration laws throughout Florida and the United States.
Some of the consequences a sex offender in Florida will continually endure include:

- Updating one’s residence with every three to six months for one’s entire life.
- Receiving mandatory prison time, even if a small amount, as every sexually related felony offense scores mandatory prison.
- Being placed on Sex Offender Probation
- Being restricted on where one can live
- Being subject to a strict curfew
- Participating in mandatory sex offender counseling, and
- Being subject to various restriction on where one can work.

In Florida, if the State feels that one is a particularly dangerous sexually-motivated offender, the State Attorney can seek to have one "committed" under the “Jimmy Ryce” law to a civil commitment facility upon the completion of the "criminal" prison sentence. This process essentially keeps a person locked up, even if they have completed their sentence.

Sex crimes in general carry harsh penalties and burdensome sanctions. Additionally, the more severe the sex crime, the greater one’s difficulties will be outside of prison when trying to find a job, obtaining a residence, and being able to enjoy one’s life after a charge of this nature.

Florida and other states have attempted to crack down on sex offenders and those who fail in the registration process. Sometimes, those arrested for these types of crimes are arrested for failure to report a change in address within the proscribed period, sometimes failing by only a couple days. In these cases, it is imperative that one obtain an experienced attorney who can explain the delay, possibly having one’s new charge of failing to register one’s new address dismissed.

Other times, those sex offenders who have failed to register did not register intentionally for fear of being identified as having a certain qualities or being involved with an act that one is ashamed of and is trying to distance oneself from. This is understandable, however, not wise. The best option one can pursue when evading police for a crime like this is to turn one’s self into authorities and immediately obtain an experienced attorney who can work with the State to have one placed on a light probation or community service, rather than being locked away, possibly for the rest of one’s life, because of a powerful-State operated legal system that might view one as a threat to society.

One in a situation such as this should obtain an experienced Jacksonville sex crimes defense attorney to fight for one’s case and ensure one’s rights, defenses, and options are known and protected. One cannot fight this battle alone. With the help of an experienced attorney, one can be sure that this mistake will be whited out of one’s life and become a thing of the past.

Continue reading "Florida Sex Offender Causes Manhunt in Delaware For Failing To Re-register Address" »

Miami-Dade Circuit Judge Migna Sanchez-Llorens disregarded Miami-Dade jurors’ decision of whether Juan F. Vega posed a danger to society if released and ordered Vega into indefinite civil confinement anyway, after completing 25 years in prison for a series of violent rapes and kidnappings. The Jurors voted to let him go, saying that Vega should not be confined to a locked-down therapy center for sexual predators. After listening to psychologists who deemed him a risk to re-offend if released, the judge said, “There is no reasonable evidence upon which a jury could rule in favor” of Vega, believing the evidence “points to but one possible conclusion: that [Vega] is a sexually violent predator.”

Vega was committed under the Jimmy Ryce Act. When one is arrested for a sex crime in Jacksonville or a crime that is alleged to be "sexually motivated", one may be exposed to indefinite civil commitment under the Jimmy Ryce Law. Only active since late 1998, the law applies retroactively: The Jimmy Ryce Law was created to keep harmful offenders locked up when the State alleges the accused has a mental abnormality or personality disorder that prohibits them from controlling their sexual behavior, quite possibly targeting another victim or victims. Having a knowledgeable attorney on one’s side is vital because state-acquired doctors are not always accurate in their assessment of one’s ability to control one’s mental state.

The Jimmy Ryce law calls for inmates with sex offense histories to be reviewed by the Florida Department of Corrections, the Department of Children and Family Services (DCF), and state attorneys to determine the level of risk for re-offense. Upon release from prison, these offenders may be subject to civil proceedings and commitment to a secure facility for treatment. The Florida Civil Commitment Center (FCCC) , located in Arcadia, was criticized because treatment is lacking (less than 5 hours per week), it lacks security (several incidents of murder on site, riots requiring hundreds of officers to control), there is no method of restoring civil liberties (the program has no release stage), being underfunded, understaffed and located in an old condemned correctional facility. One needs to make sure that one does not suffer from this program.

Civil commitment is indefinite. One should contact an experienced attorney immediately to be advised of one’s rights immediately following. Remember:

- If one has already been committed, one must attempt to prove that one has had sufficient treatment to be released.
- If one is awaiting a commitment determination trial, one must be able to prove that one is able to control one’s sexual behavior.

Civil commitment may be one of the most severe penalties for sex crimes; however, others can affect one’s future as well. An experienced attorney could minimize or avoid the possible consequences of a conviction, including:

- Sex Offender Probation
- Time in Jail or Prison
- Out Patient Group Treatment
- Polygraph Tests
- Sex Offender Registration

As good of a help as turning one’s self in is to helping one’s case progress smoothly and easily, turning one’s self in does only so much. One in a situation such as this should obtain an experienced Jacksonville sex crimes defense attorney to fight the case and ensure one’s rights, defenses, and options are known and protected. One cannot fight this battle alone. With the help of an experienced attorney, one can be sure that this mistake will be whited out of one’s life and become a thing of the past.

Continue reading "Miami Judge Disregards Jury Decision; Confines Florida Sex Offender to Indefinite Civil Commitment" »

Mark Stewart Moore of Satellite Beach Florida was arrested in May after being accused of lewd and lascivious exhibition, in a trend of beachside indecent exposures, pled guilty and was sentenced to 10 years of sex offender probation. A police officer caught him performing a lewd activity near Paradise Beach Club, according to his arrest affidavit. Moore was a suspect in previous lewd and lascivious complaints – in March 2012 a woman lying on the beach said a man committing a lewd act approached her and her daughters, ages 12 and 14. When Moore was arrested in May, detectives determined he was the man who approached the woman in March 2012.

As part of his sex offender probation, Moore will not be allowed near beaches or dune crossovers. Moore will have to wear an electronic monitoring device for the entirety of his 10 year probation sentence, having to periodically undergo polygraph tests, get treatment and is forbidden from going near children. If he violates his probation, he could be sentenced to up to 15 years in prison.

Lewd or lascivious exhibition is slightly different from Lewd or Lascivious Battery because of the essential element of touching. In order to be charged with Lewd or Lascivious exhibition, one must commit one of the following sexual acts in the presence of a child younger than 16 without actually touching the child:

- The simulation of any act involving sexual activity
- Intentional masturbation;
- Intentional exposure of the genitals in a lewd or lascivious manner
- Sexual bestiality;
- Sadomasochistic abuse
- Intentional commission of any other sexual act not involving actual physical or sexual contact with the victim

If one is over the age of 18 when charged with Lewd or Lascivious Exhibition, one is exposed to a second degree felony; however, if one is under the age of 18, one is exposed to a third degree felony.

Unfortunately, some children and even adults have creative minds and may think they see things, or hear things that would cause another to be arrested on false allegations or acts began by the minor or adult. Many times, those who are accused of improper sexual conduct around a minor are merely victims of a nasty divorce the child being made a pawn in the accusations made up by one of the parents, other members of the family, or the non-custodial parent's new partner or spouse. Lewd and Lascivious conduct charges have serious and long-lasting consequences, making it imperative to have the best defense possible to one’s case.

Indecent exposure can also include public nudity, which can be "skinny dipping" in a public pool or, in cases like this, the ocean. For example, a young male and female get the idea to go to the beach, and while there the male decides to go skinny dipping during the day at in the ocean with others around. The male is accused of exposing himself to the public and children at the beach and is charged with indecent exposure. This could be a very humiliating situation if it were made public, especially if that person is attempting to gain employment in a workplace where such conduct is severely frowned upon. Many times, if one quickly obtains an experienced attorney, one’s attorney may be able to get the case diverted and the arrested expunged from one’s record with little to no impact on one’s employment.

One in a situation such as this should obtain an experienced Jacksonville sex crimes defense attorney to fight for one’s case and ensure one’s rights, defenses, and options are known and protected. One cannot fight this battle alone. With the help of an experienced attorney, one can be sure that this mistake will be whited out of one’s life and become a thing of the past.

Continue reading "Florida Man Forbidden From Beach For Lewd and Lascivious Exhibition" »

Polk County Officers arrested 78 people on prostitution and related charges between Thursday and Sunday in an ambitious undercover vice crackdown on online solicitation. 18 of the 78 people booked admitted they were married, including two suspects who were married to each other. More than 30 of the suspects had criminal histories — including nine registered felons; fourteen were on public assistance and 22 said they were unemployed.
Prostitution in Florida is the giving or receiving of the body for sexual activity for hire. In other words, it is the buying and selling of sex for money.

With a sharp increase in Internet usage, there has been a sharp increase in web sites for escort services and other directories used for prostitution in Florida. Some even come in the form of commonly used websites for other non-prostitution related services, like Craigslist ads disguised as “full service” operators. Jacksonville’s citizens of all backgrounds and professions contact prostitution houses and escort services, sometimes looking for a date or mere companionship where none can be found elsewhere. However, escorts sometimes step into the ring of prostitution crimes, resulting in an increase in law enforcement crackdowns on any prostitution, assignation, solicitation and any other sexual acts conducted for money.

Escort services are well known for targeting businessmen attending meetings, conventions, or even retreats, feeling they need companionship while on their exertion. Many arrive at the location the escort told them to meet, finding themselves tangled in a sting operation where the escort was actually an undercover law enforcement officer. If one has been accused of being involved in a prostitution, one should obtain an experienced Jacksonville sex crimes defense attorney.

One needs an experienced attorney who will be able to determine whether police entrapment was involved, whether one’s Miranda rights are violated, and whether any evidence obtained from the arrest and/or search of one’s residence was illegally obtained or tampered with.

One should be aware of all possible outcomes should one be convicted of prostitution. All persons convicted of engaging in prostitution must undergo screening for sexually transmissible diseases. Any person convicted of Solicitation of Another to Commit Prostitution must pay a minimum fine of $500 in addition to any other penalties imposed.

Many times in Jacksonville, the victim is the accused, and will face an attack from all sides. Many times, it will appear as though no one is on one’s side. However, if one obtains an experienced Jacksonville prostitution crimes defense attorney to fight the case, one can be sure that ones’ rights and defenses are known and protected, and will be able to ensure that one can plan for a better future that one will have an eventual freedom from one’s charge.

Continue reading "Florida County Nabs 78 in Online Prostitution Crackdown" »

Gregg Michael Scott, originally from Florida, was arrested by the Lone Star Fugitive Task Force in San Antonio on a warrant alleging that Scott failed to comply with sex offender registration. Fifteen years ago, Scott was convicted and sentenced to 5 years in a Florida Department of Corrections Prison for sexually assaulting a 15 year old female. Sometime after his release, Scott relocated to the state of Texas where he allegedly failed to register as a sex offender with authorities. The Texas Department of Public Safety added Scott to the Texas 10 Most Wanted Sex Offender list 4 days ago and a $3,000 cash reward was offered for information leading to his capture.

Many Jacksonville sex crime convictions carry the stipulation that the convicted person must register as a sex offender. Under Florida law, sexual offenders are required, whether convicted in or out of the state or moving into the state with an out-of-state conviction, to register with the Department of Corrections and then be placed on the Florida Sexual Offenders and Predators list for the state.

Some of the many registration requirements for a Florida sex offender include:
- registration within 48 hours of being released from custody;
- registration of one’s place of employment, or enrollment in an institution of higher learning;
- registration within 48 hours of relocating to a new address;
- registration of one’s address of residence; and
- registration with the Department of Highway Safety and Motor Vehicles.

Florida Sex Offender Registrants are also required to re-register periodically, depending on their own personal requirements provided to them by the state. Sexual offender and Sexual predator laws are covered under two different chapters under Florida law, but the penalties for each are identical. The primary difference between the two is the number of times throughout the year that the offender must register; sexual predators must register four times annually and sexual offenders need to register only bi-annually. While the charges differ in type and severity of act, the requirements for registration are almost identical. If one fails to register as required by law, one could possibly be arrested and face numerous other penalties, including jail time.

Usually, failing to register as a sex offender is classified as a class D felony. Some of these registration laws can be rather strict, requiring those convicted of a sex crime to register in whatever state they move to or work in. For someone in Scott’s case, who after fifteen years had probably moved on from the conviction, is now forced to face the scaring situation all over again for simply failing to register. Anyone who is charged with failing to register is advised to consult with a failure to register criminal attorney.

One in a situation such as this should obtain an experienced Jacksonville sex crimes defense attorney to fight for one’s case and ensure one’s rights, defenses, and options are known and protected. One cannot fight this battle alone. With the help of an experienced attorney, one can be sure that a simple mistake like failing to register will not become a bane on one’s life and become a thing of the past.

Continue reading "Florida Sex Offender Arrested On Texas Warrant For Failure To Register" »

Former Florida teacher Debra LaFave, convicted of having sexual relations with a 14-year old student, has been reinstated on probation for 4 years and 2 months, during which time she must obey a curfew and stay away from schools. Lafave was released after pleading to a Judge for a release from the remaining portion of the sentence. Lafave was originally facing 30 years in jail. LaFave spent the year off of probation taking care of her mother, who was stricken with cancer. LaFave’s attorney has appealed to the Florida Supreme Court for a ruling on the case.

Jacksonville Probation requirements can broadly range in type, though there are many standard requirements placed upon those accused of sex crimes, including:

- Some jail-time as a condition of probation
- Being prohibited from violating any law
- Letters of apology
- Being Prohibited from leaving the state
- Reporting to a probation officer
- Community service hours
- Obtaining a job
- Mental health evaluations
- Restitution payments to victims
- Curfews
- Numerous Location Restrictions

Many times, a Judge may impose specific requirements or limitations on the probationer, depending on the crime. For some, this may be wearing an alcohol monitor or other device to ensure sobriety; for others, like LaFave, the limitation may be staying away from schools or other areas where children are, such as public parks or swimming pools. For many, this can be a burden and a nuisance, particularly when one is truly remorseful for the crime one committed.

Many times, when someone want to have their probation reduced or even terminated, they think that the conduct post-conviction is the only conduct the Judge can take into account, and if one has “been good” then one may have their sentence reduced. However, this is not always the case. Many times, The state attorney's office will contact the victim or parents of victims in these type of cases where an early release of probation is requested. The judge will consider the victim's position on the matter. Many Judges will simply not grant an early termination of probation, especially on a negotiated, agreed to disposition.

An experienced defense attorney with local knowledge should be able to counsel a client or prospective client on the probability of success. One’s opportunity for an early termination certainly increases if the victim and the state attorney do not oppose the motion for early termination. In the motion, the defense attorney should state at the bottom of the motion if the prosecutor is opposed to the early termination request.

In this case, Lafave pled to two counts of lewd and lascivious battery and was sentenced to three years of community control and seven years of sex offender probation. From this example, one can see that Lafave was able to move on with her life, giving birth to twins and taking care of a cancer-stricken mother. Though sometimes controversial, Judges may be more favorable to a defendant who shows remorse and progress in the right direction.

Continue reading "Debra LaFave Appeals To Florida Supreme Court Over Sex Crimes Probation Reinstatement" »

Officials from the Florida Department of Corrections said Richard Straub, former Danielson probation officer and supervisor, convicted of sexually assaulting young men for years while working as a probation officer in Danielson died in a Florida prison, 76, who worked in the Danielson probation office for more than 20 years as a chief probation officer and supervisor. Much of Straub’s time was spent with the youthful offender program, which involves alternatives to incarceration for those age 18 or younger. Straub was convicted in 1999 of assaulting several of his charges from 1986 to 1996. Straub, facing 220 abuse charges, was sentenced to 15 years in prison after pleading no contest.

Florida courts may place a youthful offender under supervision on probation or in a community control program, with or without an adjudication of guilt, under such conditions as the court may lawfully impose for a period of not more than 6 years. Such period of supervision may not exceed the maximum sentence for the offense for which the youthful offender was found guilty.

One may be sentenced as a Youthful offender in Jacksonville if:

- One is found guilty, one pleas guilty, or pleas nolo contendere (no contest), to a crime that is a felony if one is younger than 21 years of age at the time sentence is imposed; and
- One is 18 years of age or one has been transferred for prosecution to the criminal division of the circuit court.
- One has not previously been classified as a youthful offender; however, a person who has been found guilty of a capital or life felony may not be sentenced as a YO under the Youthful Offender Act.

Once the child is processed, they may be released back to the custody of their parents in certain cases. In other cases, involving more serious offenses the child will be transported to the County Juvenile Detention Center. This center is similar to the Jail in many respects but is designed for children so that there is no contact with adult offenders, to ensure that juvenile offenders are not harmed by adult offenders. However, juvenile offenders cannot always combat their probation or supervisory officer from harmful law enforcement misconduct.

In cases like this involving law enforcement misconduct, law enforcement officers may attempt to cover up their crime by trumping up criminal charges against the victim of their abuse. Many times after a civil rights violation, the law enforcement officers will charge the victim of the police misconduct with obstructing justice or resisting arrest with or without violence.

When it comes to one’s child’s future, one needs an experienced Jacksonville juvenile crimes defense attorney who has represented children accused of a variety of crimes and is knowledgeable in juvenile delinquency laws. In these cases, parents of children harmed by officers in the legal system often feel the pain of not being able to have one’s child released sooner to stop or avoid the harm entirely. As parents, the best thing one can do is hire an experienced attorney who can guide and support one through this difficult time. One’s child’s future is the highest priority and as such, one’s child’s defense should be just as high a priority.

Continue reading "Former Probation Officer Dies In Florida Prison On 15-Year Sex Crime Conviction" »

Bismarck Police say a 15-year-old Bismarck girl reported an unknown man tried to proposition her to perform sexual acts after convincing her to get in his car while she walked home on the The man approached the girl, introduced himself and asked her if she wanted to “hang out.” While they were driving, the man allegedly told her that he was in the oil industry and was traveling to Minot. The man allegedly asked the girl what sexual acts she would be willing to perform for various amounts of money and showed her a large amount of cash, though she claims the man never threatened or touched her. The girl reported she asked the man to stop, and she got out several blocks from her home. The girl told her parents about the incident when she arrived at home, and her mom reported it to police.

It is unfortunate to hear or see that someone was victimized or harmed by the perpetrator of a sex crime. However, it is an even greater injustice to see an innocent individual locked behind bars for a crime they did not commit, particularly a crime that is view so heinous that it could leave one’s reputation in ruin.

Inaccurate witness identification can be a major problem, particularly for sex crimes victims. Many victims of sex crimes, whether physically harmed, solicited, or otherwise, may be shaken up after the event and may forget the face of their attacker. Shock is a normal and understandable factor after someone is the victim of a crime. However, that does not mean that a potential defendant should not be allowed to fight the accusation.

False allegations of sex crimes in Jacksonville are also commonly observed in cases where emotions run wild, such as the following:

- When a dating relationship ends, the spurned lover may accuse the other of rape or other sex crimes, in retaliation. The angry partner reports an incident to the police and calls it a sex crime, claiming force, coercion or misrepresentation was involved, even though the accused may have believed that sexual relations were consensual.
- In child custody cases, one parent may accuse the other of committing or allowing another adult to molest their child, who is the real issue at the center of the custody dispute.
- Law Enforcement may create the illusion that a sex crime has occurred, then arresting the accused, with little actual basis. For example, law enforcement many times pose as juveniles in order to arrest those who log in to Internet chat rooms and "solicit sex from a minor." However, no sex crime against a minor has actually occurred, because no minor was actually involved.

Occasionally, the alleged victim has made false accusations against others in the community. In Jaggers v. State, (decided in 1988) the Second District Court of Appeals held that a prior false accusation of sexual abuse or assault can come in to question when the sole evidence against the accused is the alleged victim’s testimony. However, the Fourth District held in Harvey v. State, (decided in 2010), that when an alleged victim of sexual assault testifies at trial, the fact that the victim had previously falsely accused someone of sexual assault cannot be used to contradict the victim’s accusations.

Without the ability to prove or disprove the reliability of an alleged victim’s character, juries are at a loss to fulfill their primary function: fact-find. When the State’s case is based solely on an alleged victim’s accusations, the accused should be permitted to question and investigate other instances of dishonesty in similar situations.

The girl in this case described the man as being caucasian, 6 feet tall, and slender, with short brown hair. He did not have facial hair or glasses. This description matches much of the population, and without any particular markings, tattoos, or other distinguishing features, the potential accused becomes almost anyone the police decide to arrest.

One in a situation such as this should obtain an experienced Jacksonville sex crimes defense attorney to fight for one’s case and ensure one’s rights, defenses, and options are known and protected. One cannot fight this battle alone. With the help of an experienced attorney, one can be sure that a charge like this will become a thing of the past.

Continue reading "North Dakota Teen Reports Unknown Assailant Solicited Sex Crime" »

According to the Legislature’s Office of Program Policy Analysis and Government Accountability, the number of sex offenders in Florida has increased dramatically in recent years, culminating in a staggering 23,813 registered sex offenders in Florida communities in 2012, an increase of 28 percent since 2005. Even as the number of offenders who cannot be found by law enforcement has decreased, going from 1,259 in 2005 to 693 this year.

Florida sex crime laws can be complicated, sometimes subjecting one to the penalties associated with committing a sex crime, even though one did not know one is breaking the law. Similarly, if one accuses someone else of a sex crime and does so falsely, that innocent person may suffer detrimental penalties they should not suffer, particularly when they are not properly defended.

Sex offender registration is a system in the United States administered in different capacities through each state, designed to allow government authorities to keep track of the current residence and activities of sex offenders, including those who have completed their criminal sentences. In most locations, including Florida, if one is convicted of and is required to register as a sex offender, that information is made available in the registry to the general public via a website or other means.

The Sex offender registry allows anyone to search for anyone listed on the Florida Sex Offender registry, Simply by enter their address and ZIP code. The registry then gives a full list of sex offenders in that person’s area. Information provided includes:

- Name
- Current Address and Map
- Photograph
- Current Offender Status
- Source of the Information

Florida has an ankle monitoring system in place for some of Jacksonville’s sex offenders. An ankle monitor or tether is a device that at timed intervals, that sends a radio frequency signal containing location and other information to a receiver. If an the individual wearing the anklet moves outside of an allowed range, the police will be notified. Ankle monitors were built to be resistant to tampering and may alert law enforcement of any attempts to remove the monitor, such as cutting the conductive band which will cause a circuit break.

Electronic monitoring can be set up as “active” or “passive.” Active monitoring is designed to give real-time reports of violations. Passive monitoring provides violation reports to the appropriate officer the next day. Almost all states use the active monitoring method.

The most common Court arrangement for ankle monitor usage will be where the anklet sends the radio frequency signal to a fixed location receiving unit in the offender's residence. The residence unit uses either land-line or other form of telephone service to send the information to a service center computer. If the offender is not at the residence during the period specified, an alert is sent to the service center and the supervising probation or parole officer.

The Judge has the discretion to choose specific probation requirements for particular defendants. In cases like these, increased pressure from the State, society, and other forces within the community to more strictly monitor sex offenders coupled with the number of those convicted of sex crimes growing rapidly but disappearing slowly from the registration map, a Judge may decide just this option.

A court may force the offender to pay the cost of the electronic monitoring services, which can be in excess of $5 per day. If the court finds that the defendant is indigent and unable to pay, it must waive the costs.

One in a situation such as this should obtain an experienced Jacksonville sex crimes defense attorney to fight for one’s case and ensure one’s rights, defenses, and options are known and protected. One cannot fight this battle alone. With the help of an experienced attorney, one can be sure that this mistake will be whited out of one’s life and become a thing of the past.

Continue reading "Florida Sex Offender Registration Numbers Increase as Known Offender Locations Decrease" »

Debra Lafave, a former Tampa teacher convicted of having sex with a student, has asked the Florida Supreme Court to take her off probation. This request specifically is for the 2nd District Court of Appeal to reconsider its order reinstating the remaining four years of probation she had promised to serve for having sex with a fourteen-year-old boy in 2004. Lafave was released after pleading with to a Judge for a release from the remaining portion of the sentence. Lafave was originally facing 30 years in jail.

Jacksonville probation cases typically involve cases in which someone has wrongfully violated their probation. In this case, there was no prior probation violation, but a controversial early release from that probation. Many times in Jacksonville, people are placed on probation that may seem odd or unusual; however, the specific circumstances surrounding the crime may help shape what probation requirements will be required.

Probation requirements can broadly range in type, though there are many standard requirements placed upon those in the system, including:

- Paying for Supervision costs
- Some jail-time as a condition of probation
- Being prohibited from violating any law
- Letters of apology
- Being Prohibited from leaving the state
- Reporting to a probation officer
- Community service hours
- Obtaining a job
- Mental health evaluations
- Restitution payments to victims

These are some of the standard requirements for probation. The judge deciding what terms will be included in one’s probation sentence also has the discretion to choose specific probation requirements for one’s charge and circumstances. However, those requirements must be reasonably related to the crime that was committed.

The state attorney's office will contact the victim or parents of victims in these type of cases where an early release of probation is requested. The judge will consider the victim's position on the matter. Many Judges will simply not grant an early termination of probation, especially on a negotiated, agreed to disposition. Some of these judges may feel that once the deal has been done, the ruling is final. The philosophy on early termination varies from judge to judge.

An experienced defense attorney with local knowledge should be able to counsel a client or prospective client on the probability of success. One’s opportunity for an early termination certainly increases if the victim and the state attorney do not oppose the motion for early termination. In the motion, the defense attorney should state at the bottom of the motion if the prosecutor is opposed to the early termination request.

In this case, Lafave pled to two counts of lewd and lascivious battery and was sentenced to three years of community control and seven years of sex offender probation. From this example, one can see that Lafave was able to move on with her life, completing community control, working two jobs, and giving birth to two twin sons while engaged. Though sometimes controversial, Judges may be more favorable to a defendant who shows remorse and progress in the right direction.

Continue reading "Former Teacher Appeals To Florida Supreme Court Over Reinstatement of Sex Offender Probation" »

Randolph Carroll Flinn, a sex offender from San Leon, Texas, sought since 2006 on a Florida warrant, was denied bond on a fugitive from justice hold related to allegations he violated his probation in Santa Rosa County in Florida. Flinn was originally charged in Florida in relation to a case that involved lewd and lascivious conduct with a child. Flinn came to the attention of the sheriff’s office during an investigation into possible fraudulent activities involving the elderly.

Many times in Jacksonville, people are accused and convicted of crimes, and are released on probation. For many, a small violation could cause a warrant to be issued for one’s arrest, a warrant one may not know about. For others, one simply moves out of state. In the meantime, the Court that issued the probation will issue a warrant for one’s arrest for violation of probation. One will be extradited back to Florida if one is arrested on the fugitive warrant in another state.

More likely than not, if one is being sought after by police on a fugitive warrant, one will eventually be arrested. While awaiting extradition, one will be required to sit in jail. However, an experienced Jacksonville warrants/extradition defense attorney can petition the court to temporarily withdraw the warrant so that one can be released from jail in the other state, and then voluntarily drive oneself to Florida to surrender directly to the court to resolve the case.

There are many benefits of avoiding extradition including:
- avoiding thousands of dollars in required reimbursement costs for extradition
- avoiding bond posting or paying a bail bonds premium
- avoiding sitting in jail while awaiting extradition
- not suffering the actual extradition bus ride to Florida, and
- avoiding sitting in jail in Florida while waiting for one’s first court date which may take more than 90 days.

On many occasions, the judge may decide to withdraw the warrant and terminate the probation so that one never has to return to Florida to answer the charges that one violated probation. This usually requires one to show that the probation warrant is extremely old, and that one has turned one’s life around and become a productive member of society without any new charges.

With the case of criminal charges, an experienced attorney could petition the court in Florida to withdraw the fugitive warrant to avoid extradition.

Although difficult in most cases, an attorney in the area where one is being held can petition the court to allow one to post bond on the fugitive warrant. This is usually the least desirable option because it is usually more efficient to hire an attorney in the area where the warrant was issued. In some cases, one may wish to hire an attorney in both jurisdictions if one intends to fight extradition.

Many find themselves in similar situations and are not aware that warrants are out for their arrest, causing them to miss court dates. However, if one does nothing, one may be arrested when one least expects it, as a police officer will arrest one if he or she discovers the Jacksonville Arrest Warrant. If one is in a similar situation, one should obtain an experienced attorney to have the warrant or capias recalled and if the warrant is invalid, be able to show that warrant’s invalidity.

Continue reading "Florida Sex Offender Arrested At Texas Home For Probation Violation" »

Kevin C. Verpaele, a Viera High assistant football coach, has been jailed on charges of attempting to have a sexual relationship with a student. Verpaele is accused of soliciting a child for sexual conduct using a computer or the Internet. According to Brevard County Sheriff’s Lt. Tod Goodyear, the relationship was caught before any illegal sexual activity occurred.

Soliciting a Child for Unlawful Sex (officially referred to as Soliciting a Child for Unlawful Sexual Conduct by Using a Computer) was made illegal to protect children against the trolling, by adults, of internet chat rooms for unsuspecting minors.

The crime of Soliciting a Child for Unlawful Sex occurs when a person uses an online service, internet service, or electronic device capable of data storage or transmission to seduce, solicit, lure, or entice a person believed to be a minor child to engage in an unlawful sexual conduct; and

One does not have a defense to Soliciting a Child for Unlawful Sex in Florida simply if the person posing as a child was actually an undercover law enforcement agent. Common undercover techniques occur when a law enforcement agent either:

- the parent of a child
- the child themselves
- law enforcement engages in a bait-and-switch conversation.

Police commonly use pose tactics when attempting to catch sexual predators, seen in many investigative TV shows that involve police posing as underage children (or the parents of underage children) on popular internet sites such as Facebook, Craigslist, Yahoo, and other forms of messaging.

Importantly, the fact that an undercover operative or law enforcement officer was involved in the detection and investigation of the crime of Soliciting a Child for Unlawful Sexual Conduct Using a Computer cannot be raised as a defense in a subsequent prosecution for the offense.

If the accused misrepresented his age, then the charge is escalated to a 2nd degree felony. Usually the law enforcement operative gets them to misrepresent their age. The last sting major sting in Clay county involved most offenders receiving 5 years as minimum, while some received more time. Most were charged with 2nd degree felonies. Usually the decoy will have the accused bring something to the meeting. In the Clay case, the accused were asked to bring Skittles candy by the police decoy. Most arrested showed up with skittles.

An essential element of the crime of Soliciting a Child for Unlawful Sexual Conduct Using a Computer is that the defendant either seduce, solicit, lure, or entice the child (or person believed to be a child) to engage in an unlawful sexual act.

However, each word has a very precise legal meaning and if the defendant did not actually engage in acts that would constitute those requirements then one cannot be convicted of the crime.

This defense is most practicable in Bait & Switch prosecutions where the undercover law enforcement agent directs the entire conversation and the defendant merely consents to the offers.

Many times, law enforcement will use a “Bait and Switch” routine to catch a predator. Initially, the undercover law enforcement agent solicits legal sexual behavior; the most common scenario being a single parent looking to meet an adult interested in sexual activity.
However, the undercover agent quickly redirects the conversation from lawful sexual relations with the posed parent to unlawful sexual relations with the parent’s child.

The Florida crime of Soliciting a Child for Unlawful Sexual Conduct Using a Computer is a third degree felony, and, if convicted, a judge is required to impose a minimum prison sentence of 21 months in prison and can also impose any combination of the following penalties:
- Up to $5,000 in fines.
- Up to five (5) years of specialized sex offender probation.
- Up to five (5) years in prison.

Each separate use of a computer, online service, Internet service, or electronic device can be charged as a separate criminal offense. This means that if one uses a computer on four separate occasions to discuss engaging in unlawful sex with the person believed to be a minor, one could be charged with four separate counts of Soliciting a Child for Unlawful Sexual Conduct Using a Computer.

Many times, one may be entrapped and therefore has a defense. Entrapment occurs when an agent of the government induces a person to commit a crime that the person was not otherwise predisposed to commit. In determining whether the defendant was predisposed to commit the crime of Soliciting a Child for Unlawful Sexual Conduct Using a Computer, and therefore entrapped, one’s experienced attorney would need to examine the following issues to see if an Entrapment Defense might be possible:

- Defendant's expressed sexual interests;
- Documented instances of reluctance by the defendant to commit the unlawful sexual act;
- Who initiated the discussions of unlawful sexual activity;
- Diligence of law enforcement to commit the unlawful sexual act.

Continue reading "Florida Man Accused Of Attempting Sexual Relationship With Minor" »