Jacksonville Criminal Attorney Blog

Jacksonville’s youth have some of the brightest futures in the world. However, on the road to the future, some children suffer setbacks that can severely hinder their ability to progress. However, this does not mean that the legal system should hold them back as well. If one’s child has been charged with juvenile sex abuse, one should contact an experienced attorney to fight for one’s case.

According to The Boston Globe, children have become more prone to sexual violence in their early youth, mostly from adults; however, there is a growing number of child sexual abuse cases growing in Jacksonville as well as other cities that are solely child-on-child sexual abuse cases. One of the more well-known Jacksonville juvenile crimes case involving sexual abuse is that of Cristian Fernandez, who was recently indicted for the sexual battery of his 5 year old half brother.

Many state legislatures have had to think up new statutes and punishments for this budding problem. However, a problem has erupted from this new debate about what to do with these children: How does the legislature identify the problem children who will be prone to be repeat offenders, and how do they identify the children who are unlikely to re-offend?

Studies have been done that show that a staggering majority of these childhood offenders do not actually re-offend. Most of these children do these acts of sexual misconduct simply out of peer-pressure or curiosity.

However, the legislature, the legal system, and the Judges who have the unfortunate responsibility of sentencing these children to punishments for their actions, cannot always look at each cases very particular facts. Many times, Judges are worried about some of these children repeating these kinds of behavior as adults. However, this does not mean that every child is doomed to harsh punishment. These children need an intermediary; these children need an advocate.

When a child in a situation like this has been accused of sexually abusing another child, the parent of that child should contact an experienced Jacksonville juvenile crimes attorney to fight for these children’s rights. These youth need help, not a jail cell or a sex offender registry listing to scar them the rest of their lives. They need to be able to move into recovery and get back on the path to that bright future that society wants so badly for them to have.

Continue reading "Jacksonville A Growing Target For Child-on-Child Sex Abuse" »

Jacksonville is a city filled with those who, in a down economy, will look for any way to make money. Sometimes, the manner by which they make that money is illegal. No matter what the manner, if one is accused of such an illegal activity, one should contact an experienced attorney to fight for their case.

According to the Sun Sentinel, a Lake Worth couple have been charged with engaging in prostitution by way of an apartment. Miguel Gomez Miranda is being charged with living off of the earnings of a prostitute, while Sandra Peralta is facing base-line prostitution charges. They were caught by an undercover police officer who posed as a potential client.

Sex crimes cases can range from very simple offenses such as sexual assault, to running elaborate prostitution rings. No matter what the particular crime one is charged with, one needs to contact an experienced Jacksonville Sex crimes attorney so that they have a defense to the crime in question, no matter how bad the charge is.

The crime of prostitution, found under Florida Statute 796.07, is punishable as a second degree misdemeanor, which brings fines of $500 and up to 60 days in jail. However, these punishments can be lessened if one’s attorney has experience with the particular judge one will go before, as well as the ins and outs of one’s case and all possible defenses.

In many sex crimes cases in Jacksonville, one can poke holes in the State’s argument. However, in some cases, such as this prostitution case, one may seem to be caught with every bit of evidence that the State needs for a conviction. In this case, an undercover agent swooped in and caught not only Miranda but Peralta as well, in the act, with Miranda soliciting as a pimp and Peralta as the prostitute.

The odds may seem like they are against you in a case like this. However, some of the best mitigating factors in a case are not always the most legally based. In this case, it is easy to see that the economy can a major mitigating factor. Both Miranda and Peralta could be in desperate need of money and saw no other way to escape the economic downturn.

Furthermore, an experienced attorney can show you your options and make sure thaat you are not without an acceptable outcome. In Peralta’s case, she held that she was innocent and was released on her own recognizance, meaning that she would not pay bail but give her word that she would appear for court. This is a normal procedure for when the court does not see the defendant to be a flight risk.

However, Peralta had other options. Peralta could have simply plead guilty, paid a small fine, possibly never served jail time at all, and been able to move on with her life. However, she did not obtain an experienced attorney who would steer her in the right direction. Now she will have to face more court dates. Do not let one’s self fall into the same kind of situation like Peralta did.

Continue reading "Florida Prostitution Scheme Shut Down, Two Arrests " »

Jacksonville is a city that is full of people who are young to old, big to little, small to large. Each and everyone within this city has their sexual attractions, and unfortunately for some, attraction can become a driving force, making impulse overtake reason. Sometimes the actions people take based on these sexual attractions can be illegal. When this happens, one should acquire an experienced attorney to make sure one’s best defense is presented.

According to the Lakeland Ledger, Matt Thompson, a 30 year old high school football coach, has been charged with having sex with a 17 year old female student who attended George Jenkins high school, the school Thompson worked for. The alleged sexual encounters had happened at the coach’s house in Lakeland.

In many sex crimes cases, the person charged with a crime is simply someone who acted unwisely on impulse. Many of these kinds of cases involve teachers who give into temptations they have and are aroused by mature looking women or men who attract them. For many, it is hard to say no.

According to the Ledger, Thompson went to his first appearance hearing, where the Assistant Prosecuting Attorney requested Thompson post a $200,000 bail. The Prosecutor implied that the position Thompson held as a coach gave him power over the student. Furthermore, a Polk county sheriff’s detective testified that he believed the community’s children would not be safe if Thompson is released.

Cases such as this are the more common cases that the everyday citizen would see on a television program such as Law and Order. Like Law and Order though, Prosecutors and witnesses used for the state can tend to be overzealous and sometimes unreasonable. No one is excusing the behavior of this man. However, reasonability is a principle that sometimes escapes prosecutors.

Sometimes in sex crimes cases, Prosecutors, witnesses and even the accusing party can embellish facts or spin facts to make it seem that the act was not solicited and that the defendant in the case is a danger to not only the accused but to society’s children on the whole. However, in many situations, this is not the case.

Even if the accusing party cannot spin the facts in order to win the case, the accusing party will often try to imply dangers that accused might pose to society if released on a smaller bail.

In this case, the Prosecutor requested Thompson post a $200,000 bond, because Thompson was an alleged danger to society, because of Thompson’s weight and authority over the student, and because Thompson was well known at this major high school. However, just because the high school is well known, that does not mean that Thompson should be treated any different than that of any other defendant charged with the same crime.

Continue reading "Florida High School Football Coach faces Jacked up Sex Crime Charges " »

Police have arrested a 49-year-old Jacksonville man and accused him of molesting a 14-year-old runaway, The Daytona Beach News-Journal reports.

Sex crimes in Jacksonville typically require the testimony of a willing victim and can require DNA evidence, witness testimony and perhaps the testimony of a doctor who examined the victim afterwards.

In many cases where children are the alleged victim, the prosecution may be reluctant to go to trial, fearing that exposing a child victim to the witness stand would be emotionally scarring years after having been allegedly physically abused at the hands of the defendant.

As an experienced Jacksonville criminal defense lawyer knows, some 95 percent of criminal cases end in a plea deal offered by the state. There's no way that with the caseloads that prosecutors have -- typically 100 to 200 cases -- they could go to trial on all of them. So, they must offer plea deals.

This can be advantageous to defendants in cases where the evidence may be overwhelming against them. They know the prosecutor doesn't want to haul a child into court, but they also don't want the defendant to get a light sentence.

In cases like this, an experienced Jacksonville defense lawyer will still prepare for trial, perhaps knowing that the more doubt he can create through witness depositions and inconsistencies in police reports and other information can lead to a better plea deal for his client.

The first plea deal rarely should be taken. As the case progresses, witnesses change stories and new facts come out, the tables can turn in the defendant's favor. In some cases, a plea deal that seemed good at the beginning can seem like a bad offer in light of favorable evidence coming out. Perhaps a defendant will want to exercise the right to go to trial instead of settling for a plea offer.

In this case, The Daytona Beach News-Journal is reporting, the Jacksonville man was driving through Flagler County and was pulled over on Interstate 95 because of a broken headlight. When the deputy approached the car, he saw the driver put a jacket on to cover his bare upper body.

In the front seat, the deputy saw a young teenage girl whose bra was at the floor near her feet. When the deputy spoke with the man, he allegedly gave false information about who he was and the girl said she was 19, but wasn't able to provide a date of birth that would make her 19.

The news story goes on to say that the deputy was given permission to search the vehicle and found proper identification. The girl eventually gave her correct date of birth and it was discovered that she was a runaway from Orlando. She told the deputy the man had fondled her breasts.

The man now faces charges of lewd and lascivious molestation, obstructing justice, interference with custody and habitual driving with a suspended license. He was being held in jail on $100,000 bail.

Continue reading "Police Arrest Jacksonville Man In Case of Alleged Molestation" »

Jacksonville news media recently reported that a 24-year-old man was charged with three counts of lewd exhibition and one count of exposure of sexual organs in a case where police believe he committed several sex crimes in Jacksonville while driving a Volkswagon Beetle.

News4Jax.com reports that the incidents happened from January to October in different parts of the city. Police believe the intended targets were teens.

According to Florida Statutes 800.03, exposure of sexual organs is a first-degree misdemeanor. it means to expose one's sexual organs in public in an "indecent manner."

Lewd exhibition, according to Florida Statutes 800.04, lewd exhibition means to intentionally expose oneself, masturbate or commit a sex act in the presence of a person under 16. This is punishable as a second-degree felony, which can mean up to 15 years in prison. If the offender is under 18, it is a third-degree felony.

There have been incidents that Jacksonville criminal defense lawyers have seen where a person is caught outside naked all of a sudden turns into criminal charges. If arrested, that person's jail mug shot could be online forever. They have criminal charges on their record, whether they are guilty or not.

And if they are convicted, there is a possibility these people could end up having to register as a sexual offender, something that can remain for life. Even minor sex-based crimes can result in a lifetime as a sexual offender. This means that a person not only must have their face, name, address and other information about them stored in national and state databases, but they must regularly be in contact with law enforcement.

Typically, sex offenders must tell the police and sheriff's departments in the city or county they live in where they live. If they move, they must tell the old county and city as well as the new county and city. If they don't, they could be arrested and thrown back in jail and face new felony charges of not reporting as a sexual offender.

That's why these charges must be aggressively defended. Being labeled a sexual offender can ruin a person's life, whether the charges are warranted or not. This remind us of a case in South Florida, where a federal prosecutor was at a bar and jumped in a pool in his gym shorts. As he got out of the pool, they slipped and a woman and her child were exposed. The prosecutor was charged, though charges were eventually dropped. Think of what that could have done to his career and life if he was fully prosecuted for such a "sex" crime?

In the Jacksonville case, according to police, the 24-year-old admitted to his actions and on more than half a dozen occasions had pulled up to girls, talked to them and began masturbating. After making a composite sketch, police are looking for more alleged victims.

Continue reading "Minor Jacksonville Flashing Cases Can Have Major Long-Term Consequences" »

Hamilton v. State shows why an experienced Jacksonville criminal defense lawyer must be diligent not only in defending the case, but preparing for a possible sentencing hearing.

In every case, whether a sex offense in Jacksonville or Jacksonville armed robbery situation, an attorney must prepare all aspects of a case. When criminal charges are brought against a person there is always the danger of a conviction.

While a criminal defense attorney will do everything in his power to prepare for a victory at trial, preparing for a potential sentencing hearing shouldn't be neglected. In Hamilton's case, that appears to be what happened.

While no defendant nor criminal defense lawyer wants to admit there is a chance of defeat, the very nature of the criminal justice system puts people at that risk every day. When an officer makes an arrest, that person now faces the possibility of defeat, thought the state has the burden to prove the charges beyond all reasonable doubt.

In Hamilton's situation, he was convicted of one count of molesting a child after being accused of inappropriate acts with a minor. After conviction, the man was sentenced to 50 years in prison in Indiana, an extreme sentence considering the facts of the case as well as the man's character.

On appeal, the man argued that his sentence was too high considering that his prior convictions were for robbery when he was 18 years old in 1982 and a misdemeanor some years later. Physical conditions were also argued to be a hardship if he were sent to prison for a long period of time.

Based on the charge and the law, the man faced between 20 and 50 years in prison. His judge sentenced him to 50 years, but the Indiana Supreme Court ruled that the sentence was too high. Justices analyzed the case in an 8-page order, stating that although the allegations were bad, the man didn't engage in a pattern of sexual offenses, but rather a one-time crime.

The court ruled that judges must sentence defendants fairly and consistent with other crimes. This means that a person who commits a few robberies shouldn't face a longer sentence than someone who commits murder.

This has been an issue for Florida judges for some time. Because they don't have access to not only their own previous sentence rulings, but that of other judges in their circuit or statewide, they are unable to determine what would be "fair" sentences compared to other cases.

Judges in Florida have the discretion to sentence a defendant based on the charge the person is convicted of and the possible penalties. That means unless the charge carries a minimum mandatory sentence, the judge can sentence a person from 0 to 30 years for first-degree felonies, 0 to 15 years for second-degree felonies and 0 to 5 years for third-degree felonies.

With the possible range of imprisonment, judges' sentences can be all over the place. That's why an experienced Jacksonville criminal defense lawyer must put time and effort into preparing for sentencing in each case. Family background, character assets and other positive characteristics must be put together to try to convince a judge to sentence lower than normal in cases where it is appropriate. If a person is convicted, they want their lawyer to be prepared to mitigate the sentence in every way possible.

Continue reading "Jacksonville Sex Crimes Carry Steep Penalties as Shown in Hamilton v. State" »

A Jacksonville man faces 19 counts of sex crimes against six different girls younger than 16 over a year-long period, The Florida Times-Union reports.

While there are certain defendants who may get a break based on their criminal history or the alleged crime itself, a sex crime in Jacksonville is not one of those crimes.

Make no mistake about it -- while judges must try to remain impartial and prosecutors are sworn to analyze every case based on the law, they tend to punish defendants charged with sex offenses more harshly than other suspects.

Jacksonville criminal defense lawyers can use pre-trial motions to cut back on what evidence is available at trial and will otherwise prepare an aggressive defense through questioning of witnesses. Prosecutors often stack the charges, meaning they file multiple charges against a defendant in order to gain an advantage. Your defense lawyer may also have some success in getting charges reduced, combined or dismissed.

According to The Florida Times-Union, the man was arrested Sept. 7 and charged with capital sexual battery on a victim younger than 12 -- a life felony -- and 11 counts of lewd and lascivious molestation, three of which are on a victim younger than 12.

The man also is charged with multiple counts of lewd and lascivious conduct and sale, distribution or showing of obscene material to minors, including showing obscene material to another alleged victim.

The man, overall, faces 19 charges. He is a registered sexual offender and has never been arrested in Florida. According to the newspaper report, the victims told authorities the alleged sex acts happened at the man's house.

It's unclear what the relationship was between the man and the alleged victims or how they came into contact with each other.

While these charges typically come down to witness testimony -- unless DNA evidence is involved -- they can still be complex cases. While prosecutors will attempt to work out a plea deal in order to avoid a minor testifying, that doesn't mean the offer will be good or even worth considering.

What is important is making sure witnesses and alleged victims are telling the truth. Teenagers and even children who are younger are just as likely or more likely to lie because they aren't aware of the consequences.

It often happens that children aren't truthful about a crime because they think it will get a person in trouble who they don't like. But beyond that, it can mean a person does prison time if not for a fair trial. That's why it is critical to question alleged victims to prove they aren't telling the truth and in order to make sure a defendant doesn't get wrongly accused and sent to prison based on false testimony.

Continue reading "Jacksonville Man Faces 19 Counts of Sex Crimes" »

News4Jax.com reports that a Jacksonville man was sentenced to three years in prison for failing to register as a sex offender.

Make no mistake about it -- being convicted of a sex offense is a lifelong punishment, whether a person is sentenced to probation or years of prison time. Jacksonville criminal defense attorneys have seen defendants who faced serious penalties AFTER conviction because they didn't follow all the requirements of a registered sex offender.

Sex offender registration can result from a conviction for many types of sex crimes in Jacksonville. From an allegation that someone forcibly raped a victim to peeping or accidentally exposing yourself, a sex offense could mean a lifetime of registering as a sex offender and having to inform police every time you move.

Not only are defendants forced to serve prison sentences -- sex crimes can lead to years of probation, community service and fine and fees. And sex offenses remain a crime that is routinely punished even after incarceration.

Registering as a sex offender means having your jail mug shot highlighted on state and federal databases, with no restrictions. People search their neighborhoods or by a defendant's name and social ridicule or other consequences may result. The database information includes the photo, where they live, sometimes notifications to the media from the sheriff's office about their change of address, tattoos or other identifiable marks and other information intended to point them out in a crowd.

They must also tell police when they move. It's the modern-day scarlet letter and it can last forever.

In Jacksonville recently, a man convicted in 2006 of lewd and lascivious molestation was re-arrested and recently sentenced to three years in prison for not registering as a sex offender after traveling from Florida to North Carolina.

Prosecutors said he didn't comply with sex offender requirements by not notifying local North Carolina authorities he had moved. He was also accused of removing an electronic monitoring device that was a condition of his release, another probation violation.

He was sentenced to two years in prison and three years of sex offender probation -- which typically have much more stringent requirements than regular probation -- and after the failure to register as a sex offender conviction he will have to spend three years in prison followed by 15 years on supervised release.

He now must be incarcerated and monitored for three times as long as the original charge that put him in the criminal justice system in the first place. It can be maddening to have to be constantly watched, which is why aggressively fighting the charges is critical. A conviction can change a person's life forever.

Continue reading "Jacksonville Sex Offense Convictions Lead to Lifetime of Problems" »

It seems there has been an uptick in child pornography arrests in Jacksonville, as authorities have made several arrests in the last few months.

As the Jacksonville Criminal Attorney Blog reported in August, an Arizona man was arrested by a fugitive task force in Jacksonville after allegedly fleeing the area when he found out he was being investigated for child pornography charges.

Earlier this month, a 25-year-old man pleaded guilty to receiving child pornography over the Internet and now faces up to 20 years in prison. First Coast News now reports that a 34-year-old man has pleaded guilty to charges of possessing child pornography on his cell phone.

Charges of child pornography in Jacksonville require an aggressive defense because of the possible penalties. An experienced Jacksonville criminal defense attorney must be able to look at the case from the beginning in order to assess the prosecution's evidence as it comes in.

Obviously, child pornography cases come with a difficult stigma to defeat because of the implications. Along with lengthy prison sentences, a defendant's reputation and freedom are all at stake in these situations.

In this case, the 34-year-old man is in a more difficult position than the average defendant because he was on probation for a previous federal sex offense, the news station reports. That likely factored into his decision to enter a plea.

According to court documents in his case, two U.S. probation officers visited his home to perform a routine home inspection in March, about six months after he was placed on probation.

When the officers entered his bedroom, they noticed a video game controller on the floor, which doesn't seem to be a big deal. But they then saw a cell phone in a dresser drawer. The man admitted that he had used his phone to access the Internet about six times, which was a violation of his supervised release. On the phone, agents found more than 5,100 images of child pornography.

Had the phone not been visible, it's likely the man wouldn't have been arrested. What is curious is why officers noted the video game controller and how that raised their suspicions enough to include it in a report. It's also unclear what rules probation officers have when they inspect a person's home, such as where they can go and what they are supposed to be looking for.

Child pornography charges can be levied by either state or federal prosecutors, depending on the suspect and the facts of the case. Federal charges typically carry more extensive penalties, so that's where they end up most of the time.

And sometimes a plea is the most beneficial situation for the defendant. If there are few strong defenses, an experienced attorney can use his skills to obtain a low-prison or probation plea deal rather than risking a maximum penalty after going to trial and being found guilty.

Continue reading "Jacksonville Man Faces Up To 20 Years After Child Porn Plea" »

First Coast News reports that a 25-year-old Jacksonville man has pleaded guilty to charges of receiving child pornography via the Internet.

The advent of the Internet has made life more convenient and opened up a whole new world for many people to do research, take online courses, stay in contact with friends far away and even transfer money to pay bills.

Yet, it has also opened up a dark world of child pornography, cyber crime and other ills that have affected society in a bad way. With file-sharing websites that are used to gain access to find a person may not normally be gaining in popularity, child pornography charges in Jacksonville have become more and more common.

But what law enforcement and prosecutors must consider is that web security is a big issue these days, with people's information being stolen left and right online. So, if hackers are able to get into someone's computer, they can place on the hard drive virus programs that can give them remote access without the owner knowing. They then are able to use these file-sharing sites to store data -- and child pornography -- on the computer of another person, leading authorities to believe the computer owner downloaded the material.

That is just one scenario, but one that must be explored when an experienced Jacksonville Child Pornography Defense Lawyer is hired to take on the case.

In this case, the man was tracked online by an Arizona FBI agent who signed into a file-sharing program and followed a user with the screen name "Slidenskate" with whom he shared files that included child pornography. After downloading directories belonging to the user, the agent found 168 images and 16 videos, many of which depicted child pornography, the television news station reported.

After obtaining a search warrant for his house, agents found that the user name's host computer was in Jacksonville inside the 25-year-old's house. On his computer, agents found 500 images and 100 videos of child pornography.

The man allegedly told authorities he downloaded the images, and said he figured he would "be in jail for a few years," yet after pleading guilty to receiving child pornography, he now faces 5 to 20 years in prison and life on supervised release.

This isn't the first time that Arizona and Jacksonville have been connected through child pornography. In August, the Jacksonville Criminal Attorney Blog reported that a man from Arizona was arrested in Jacksonville on sexual exploitation of minor charges.

While these charges can be prosecuted in state court, more commonly federal prosecutors pick up the defendants because the penalties are more severe in the federal system. That's why having an experienced lawyer on the defendant's side is so important, especially as our world involves computers in increasing regularity.

Continue reading "Jacksonville Child Porn Case Leads to Possible 20-Year Sentence" »

A Jacksonville police officer is charged with capital sexual battery and six counts of lewd and lascivious molestation of two girls, The Florida Times-Union is reporting.

The 47-year-old officer now faces up to life in prison if convicted of the charges. Next to homicide, Jacksonville sex crimes, especially those committed on a child, are the most difficult to defend because authorities bring down many resources on people accused of sex offenses. And the penalties are already extremely steep -- a person can face up to life in prison, if convicted of many sex-based charges.

According to the news story, the man was first investigated by the Florida Department of Children & Families after allegations surfaced involving the officer. Jacksonville Sheriff's Office investigators then began conducting their own investigation.

Officials released few details about the incident, though documents don't indicate what the relationship was between the defendant and victims. Documents quoted by the newspaper indicate one is younger than 12 while another is 16 or younger. One report states the man forced one of the alleged victims inappropriately.

The man invoked his right to remain silent and didn't provide a statement to authorities. Capital sexual battery is a first-degree felony that is punishable by life in prison. Lewd or lascivious molestation means touching someone in the genitals, breasts or buttocks on a person under 16. That, too, can be charged as a life felony if the offender is older than 18 and the victim is under 12. Otherwise, it's a second-degree felony, punishable by up to 15 years in prison.

It's obvious from the possible penalties just how serious these sex crime allegations are. And while each case is determined by its own unique set of facts, the fact that the defendant here is a police officer likely won't help him.

Prosecutors likely won't say they will treat this defendant differently than the garbageman, accountant or homeless person, but it's likely he will receive less-favorable plea offers and may face a tougher road at sentencing. Judges are human and they will take all things into consideration when they are determining sentencing in a case, if a person is convicted.

While one might consider being a veteran police officer a mitigating, or favorable, factor for the defense, some may see crime by a police officer as a violation of trust.

An aggressive Jacksonville Criminal Defense Attorney can make a big difference, however. A lawyer will file motions to suppress evidence, examine the search warrants that police use and whether or not officers mislead a judge into signing them, as well as the qualifications of the detective who led the case. Witnesses and alleged victims must also be questioned aggressively. When there are child victims alleged, an experienced lawyer can toe the line between being aggressive and not furthering the impact to the child; while still getting information that can be helpful in defending the client.

Prosecutors are sometimes loathe to go to trial when child victims are involved and an aggressive criminal defense lawyer can argue for a favorable plea agreement if the evidence is overwhelming against the defendant after thorough defense investigation. There are many aspects to a strong defense and they include exploring all options to benefit the defendant.

Continue reading "Jacksonville Police Officer Charged in Sex Case" »

A man fleeing Arizona on 10 felony counts of child pornography was recently captured in Jacksonville after eluding authorities for more than half a year, reports The Daily News in Mohave, Arizona.

Child pornography in Jacksonville and throughout Florida has become more prevalent than one might expect. Federal and local law enforcement agencies have entire units designated to attack people who are searching for, downloading, sending, receiving and making these images. They are very serious charges and can not only bring dishonor to a family, but result in serious prison time for someone convicted. But hiring an experienced and diligent Jacksonville Criminal Defense Attorney means getting someone who will challenge all aspects of the state's case.

According to the news report, the man was first investigated in February, when law enforcement in Arizona got a tip that the 36-year-old had been trying to solicit minors online for sex. As they continued their investigation, they allegedly contacted the man at his house, but he left the area just after police began investigating.

The news article reports that during the investigation, police obtained a search warrant and found a "large amount" of pornography depicting children, which was stored electronically. Shortly after that, an arrest warrant was issued for him.

In Arizona, he faces 10 counts of sexual exploitation of a minor, charges that are punishable in Arizona as a maximum of 10 years each in prison there. He is in Jacksonville awaiting extradition back to Arizona.

While seeing a headline of a person charged with child pornography is pretty shocking, these charges can be challenged through a variety of tactics by a Jacksonville Criminal Defense Attorney. For instance, the search warrant, how the evidence was obtained and how police determined the illegal materials belonged to the suspect can all be scrutinized.

Search warrant: Search warrants are obtained by law enforcement after they begin an investigation. After they gather information, they must put it in writing for a judge, who must be convinced to sign the warrant, which allows officers to take personal property from a person's house in order to aid an investigation. But a good attorney will look at the documents and, after questioning police who worked the case, determine whether the information they had to convince the judge was fact or simply speculation on their part. Misleading the judge can get evidence thrown out.

How evidence was obtained: If police don't have a search warrant, things may get tougher for the prosecution. Being able to point out that evidence was collected improperly is one quick way to get a trial judge mad at the police and prosecution and get key evidence removed from the case.

How police linked the suspect to the crime: In cases of child pornography in Jacksonville, a shared computer is sometimes a source of defense for the suspect. If several people use a computer and browse the Internet from it, pinpointing who the illicit materials belong to can be tough for the state. Also, if people use file-sharing web sties for legal uses but another person hacks into their computer and stores illegal material, it's possible for someone to beat the charges.

While every case has its own unique set of facts, all cases have a defense and consulting with an experienced Jacksonville Criminal Defense Attorney quickly is always advantageous for the defendant.

Continue reading "Man On the Run From Arizona Nabbed in Jacksonville on Child Pornography Charges" »

A man who was nude and who allegedly "lunged" toward several female employees at the Hyatt hotel downtown was later sent to the hospital, The Florida Times-Union reports.

Some news reports say the man was arrested, but they don't make clear what charges were filed. It appears from the brief facts available that he could face a sex crimes charge in Jacksonville. Hiring an experienced Jacksonville Criminal Defense Attorney as soon as allegations of a sex crime are made or if police make an arrest is critical to ensuring the rights of the accused are upheld.

According to the news report, the man allegedly entered the room of a female guest wearing only a T-shirt and then left without saying anything. A few minutes later, four floors lower, he was spotted nude on the second floor in an employees-only area. There he allegedly "lunged" toward two female employees.

There, two hotel employees held him on the ground for more than 10 minutes before law enforcement arrived at the hotel. Once police arrived, they handcuffed the man. Once emergency rescue crews got on scene, they ordered the handcuffs off and took him to a local hospital. Reports don't indicate when he became unconscious. He was taken there with life-threatening injuries and remains in critical condition.

This is a bizarre story that doesn't seem to have any answers at the moment. But if witnesses were correct and are able to corroborate that the man was walking through the hotel naked, he may face charges of indecent exposure.

Indecent exposure is governed by Florida Statutes 800.03, which defines the crime as exposing a sexual organ in public. It is punishable as a first-degree misdemeanor, which can send someone to jail for up to a year.

But, depending on the circumstances of a case, there may be a possibility of prosecutors seeking to charge someone with attempting to batter someone if they are nude and lunge at another person. While it may be a stretch, prosecutors have been known the stretch a lot further to make a case.

One can see how these charges can escalate from a simple misdemeanor to a more serious felony charge. Sex crimes are difficult because emotions run high and alleged victims and their families typically pressure the State Attorney's Office into charging the most serious crimes -- even if the facts don't wholly support the charge.

This doesn't always happen, but public pressure and coverage of a case by the news media does sometimes factor into the decision of how a suspect is charged by the state. That's why quickly hiring an experienced Jacksonville Criminal Defense Attorney can help sort out the facts and quickly attack the evidence the state believes supports the charges.

Continue reading "Man Sent to Hospital After Running Nude Through Jacksonville Hotel" »

A 36-year-old North Jacksonville man faces charges of sexual battery and burglary after a woman was allegedly forced inside her home at gunpoint and another woman inside the home was raped, The Florida Times-Union recently reported.

Sex crimes in Jacksonville can mean anything from unknowingly exposing oneself to a person nearby to a forcible felony, such as a rape. While the severity of these charges varies, the stigma attached is very similar -- people are ostracized even without a conviction. That's why fighting these charges with an aggressive approach is so important. Hiring an experienced Jacksonville Criminal Defense Attorney who can vigorously attack all aspects of the state's case should be the first step.

According to the newspaper account, a woman walked outside of her home to smoke when a man approached and pointed a gun at her, according to a police report. The woman was forced inside her house, where they met another woman and a person the newspaper states was only identified as a witness.

The gunman forced the witness into the kitchen and the woman into a bedroom. According to the newspaper, the man ordered both women to lie face-down on the bed and then raped one of them before leaving.

The man reportedly had a gray T-shirt over his face, but the rape victim told police she thought she had seen him the other day standing near her apartment with someone else. When the woman saw the man again recently, she called police, who arrested the man after an interview.

In cases involving allegations of sexual assault, police and prosecutors typically have to rely on the word of the alleged victim against the word of the alleged suspect. Sometimes, DNA is available, but even DNA can be disproven because of weak samples or contaminated samples.

In he said/she said cases, the defense is at an advantage, because without physical evidence or solid eye witness evidence, it may be difficult for the state to prove charges beyond a reasonable doubt. While many people who see a person arrested for rape automatically believe the suspect is guilty, the state has a heavy burden in proving the case.

And along with disputing the facts of the case -- any physical evidence, witness statements, police actions and other aspects -- fending off long prison sentences is a key part of the defense. In Florida, a person who is convicted of certain sex cases, such as sexual assault and rape, can face years or decades in prison.

And even if a person faces a fairly light prison sentence upon conviction, they must register as a sex offender. This means the person's face, tattoos, address and other information will be found on state and national web site databases, searchable by anyone, anywhere. Whenever a person moves, they'll be required to inform law enforcement and neighbors will get fliers telling them the person lives nearby.

All of this is humiliating, which is why defending these cases is so important. Failure to register as a sex offender can result in additional charges and additional jail or prison time. So, while most cases require punishment and a person can move on with life after "doing the time," sex crimes in Florida live on forever.

Continue reading "Man charged In Burglary, Rape Case in Jacksonville" »

News4Jax.com recently reported the case of a Fort White man who pleaded guilty in U.S. District Court in Jacksonville to a charge of possessing images and videos of child pornography.

Child pornography charges in Jacksonville typically are handled by federal prosecutors rather than state prosecutors. That's because Internet crimes are typically committed state-to-state and the number of images can affect the jurisdiction. But that doesn't mean a defendant couldn't face state charges.

Regardless of what court the person will be dragged into, the charges are serious and can be punishable by years in prison. That's why immediately contacting a Jacksonville Child Pornography Defense Attorney should be the defendant's first step. If investigated by law enforcement, things will move quickly; police will interrogate you, seek to confiscate your computers and want to search your home. You should refuse them access to your possessions and contact an attorney.

In this case, a 26-year-old man from Fort White recently pleaded guilty to possessing child pornography in federal court in Jacksonville. According to the news report, the man faces up to 10 years in prison, a $250,000 fine and a possible life term of supervised release.

According to the news station, an FBI agent in Oklahoma was conducting a child pornography investigation and identified a host computer whose Internet service provider led to the Fort White home. In 2009, agents executed a search warrant at the man's home.

The man admitted to collecting child pornography for about a year, according to court documents. Agents found 25 videos and 273 images containing child pornography inside his house and on his computer.

As noted above, a defendant charged with having, making or sending child pornography can be charged either by state prosecutors or federal prosecutors. Under Florida Statute 847.0137, sending child pornography is a third-degree felony, punishable by up to five years in prison.

But under U.S. Code Tittle 18, Chapter 110, child pornography charges are much more extensive. Penalties range and can depend on the number of images, the conduct of the defendant and the defendant's criminal history record.

The two systems vary in how they punish convicts. In the state system, penalties are added together based on the number of charges and judges have the discretion to sentence as they wish, within the guidelines of the possible sentence. In the federal system, there is a possible range of imprisonment, based on many factors, including the penalties, the criminal history record, how forthcoming the defendant was, if they provided information about other defendants for other prosecutions and other factors. The judge then must sentence within the range of months or years, unless they have a legal reason to go lower or higher.

The charges can be beaten in either system, but it requires hiring an experienced Jacksonville Criminal Defense Lawyer to fight the allegations. Proving who was using a computer if there are several people living in the house and showing that images were planted through file-sharing web sites, are two possible defenses. Our firm works with clients to present the best possible defense and seek the best resolution in their cases.

Continue reading "Man Pleads Guilty to Child Pornography Charges in Jacksonville" »

The recent case of a 51-year-old registered sex offender who was awarded custody of a 4-year-old girl has made national and worldwide headlines and shows how damaging a sex crime conviction can be.

Many sex crimes in Jacksonville and throughout Florida require a person to register as a sex offender, a penalty that can last for a lifetime. And that's on top of possible prison time, probation, fines and fees and other sanctions. That's why hiring an experienced Jacksonville Criminal Defense Attorney is necessary -- in order to protect the rights of anyone accused of a sex crime in Florida.

In this case, a 51-year-old man was convicted of sexual battery on a child in 1997 after impregnating a 14-year-old. After serving time in prison, the two got married and he fathered two more children with her, according to News4Jax.com. After the woman had an affair that resulted in the birth of a girl, she died in a car accident.

The man sought custody of the girl, saying he and his wife promised each other they would take care of the children if anything happened to them. A judge in Macclenny recently awarded custody to the man, who is her legal father. His other daughters are 8, 10 and 13, the news station reports.

While family members have begged for custody, supporters say the man loves his children and has done nothing wrong.

But the spotlight has been on him because of his past. While most defendants serve their time in jail or prison and go on with life, people convicted of sex crimes spend their lives with the proverbial "scarlet letter" attached for life.

In Florida, many sex crime convictions require people register as a sex offender for life. According to the Florida Department of Law Enforcement, there are thousands of registered sex offenders. And those sex offenders are part of a larger, national registry available to anyone in the world.

In Florida's sex offender registry, citizens can search by neighborhood or by person and they are able to get a photo, identifying marks, such as tattoos and where the person lives. Notices are sent out to neighbors by law enforcement when they move into a neighborhood, even if it's been 30 years since they were convicted of a crime.

That's why fighting these crimes aggressively is so important. Young people charged with these crimes may be so scared they take the first plea offer from the state. But they don't realize the long-term implications. Even if there's less prison time involved, they could be stuck being on the registry forever.

And having to register as a sexual offender can come with a conviction for a number of different crimes. Take for instance a case last fall out of Miami. The Miami Herald reports that a federal prosecutor was arrested for lewd and lascivious behavior in front of a minor under 16 because he swam in a hotel pool in his boxers and when he got out, his genitalia was exposed.

This is an obvious case of an accident, but yet the prosecutor -- a man whose job it is to seek convictions of criminal defendants -- faces a charge himself. And under the circumstances, he could be subjected to conviction and registry in the sex offender database as a result of taking a swim in his boxer shorts.

There are other, more serious examples of people who are convicted of rape, sexual battery and crimes against children, who appear in the registry. But there are also seemingly innocent defendants who appear in the registry as well. There have been examples of people who are 18 and have consensual sex with a minor who was their girlfriend or boyfriend only to go through a break-up and face criminal charges.

Working toward a resolution may be an option, but so may be beating the charges altogether, depending on the evidence. Anything can and will be challenged by an aggressive Jacksonville Criminal Defense Lawyer. Call today for an appointment.

Continue reading "Jacksonville Sex Offender Custody Case Highlights Importance of Criminal Defense" »

The Florida Times-Union recently reported about three men who were arrested in separate cases involving sex crimes.

Sex crimes in Jacksonville and throughout Florida can range from indecent exposure-type cases to rape cases. And the penalties can range from probation or jail time to decades or life in prison. That's why immediately following arrest, a person should consult with an experienced and knowledgeable Jacksonville Criminal Defense Attorney in order to protect the rights of the accused.

In the three separate incidents, three men, ranging in age of 33 to 43, face sex-related charges after Jacksonville Police made the arrests.

-A 43-year-old man of Clark Street in Baldwin, faces two counts of sexual battery on a victim mentally impaired.

-A 33-year-old West Beaver Street resident is charged with four counts of sexual battery with a victim under 12.

-A 35-year-old Cartier Circle man is charged with two counts of sexual battery with a victim under 12.

In one case, the article states the assault happened in May. Because much of the information was stricken from the police report, the newspaper has few details, except that the alleged victim was in fear of the man when interviewed by investigators, though the defendant told detectives the sex was consensual.

Florida Statute 794.011 defines the charge of sexual battery and lays out the possible penalties for someone who is convicted. Under the law, sexual battery means the forced union with the sexual organ of another against the person's will.

Under the law, a person 18 and older who commits a sexual battery upon someone under 12 commits a capital felony, punishable by life in prison. Someone under 18 who does the same can be punished with life in prison. If the victim is "mentally defective," the crime is a first-degree felony, which is punishable by 30 years in prison to life in prison.

This is a very serious charge, perhaps the most serious after murder, and therefore requires aggressive defense representation. There have been countless cases where a person charged with a sex crime is convicted and later exonerated due to DNA evidence, a changed story by a witness years down the road or other, previously undiscovered evidence.

Alleged victims, especially children, have been known to make up stories about a sexual battery because of their immaturity or because they seek attention. While that's not always the case, that must always been explored in these types of cases. One of the most important things for a defendant is not to speak with police until speaking with an attorney. Any statement will be used against the defendant in court. It is best to consult with an attorney in jail and determine whether or not to make a statement.

Continue reading "Three Arrested in Separate Sex Crimes in Jacksonville" »

Football player, Lawrence Taylor, has entered pleas of guilty to two sex charges in New York. The charges are "sexual misconduct" and "patronizing a prostitute". Even though these charges are sex crimes, they are considered misdemeanors in New York. Taylor's sentence will be six years probation as a sex offender.

In Florida, all sex charges that would make someone a sex offender are felonies, not misdemeanors. A misdemeanor is a crime punishable by up to one year in jail. A felony, on the other hand, is punishable by over a year and carries much more severe penalties than a misdemeanor. Examples of sex crimes in Jacksonville that could make someone designated a sex offender or sex predator are sexual battery, capital sexual battery, lewd and lascivious battery, and lewd and lascivious molestation. When someone is arrested for a sex crime in Duval County, usually there is very little evidence other than someone's word that it happened. If you are being accused of a sex crime in Jacksonville, contact a Sex Crime Attorney in Jacksonville to discuss your rights.

The Forbess Law Firm is a Jacksonville Criminal Defense Law Firm and we represent people charged with all kinds of crimes, even juveniles. Juvenile criminal cases in Jacksonville are handled by circuit court judges and juvenile law is slightly different than adult criminal law.

Our Jacksonville law firm has represented children charged with sex crimes. There is a such thing as a "juvenile sex offender". A juvenile sex offender is:

1. a juvenile who has been found by the court to have committed a sex crime

2. a juvenile found to have committed a felony involving juvenile sex abuse. Juvenile sex abuse is defined as any sexual behavior that occurs without consent or as a result of coercion.

When a child is adjudicated a juvenile sex offender, the court has to make a determination about where he or she should be placed. The juvenile judge can order the Florida Department of Juvenile Justice to conduct or arrange for an examination to determine whether the juvenile sex offender is amenable to treatment. The report has to include:

1. The child's account of the incident where the sexual behavior took place.

2. The child's crime history.

3. An assessment of sexually deviant behaviors of the child.

4. An assessment of the child's family, social, educational, and employment situation.

If your child is arrested for a sex crime in Jacksonville, contact a Jacksonville Juvenile Attorney immediately to discuss your child's rights.

As Jacksonville Sex Crimes Attorneys, we represent many people who are charged with sex crimes, such as sexual battery (rape), lewd and lascivious molestation, and lewd and lascivious battery. It is very easy to be accused of these crimes and very few crimes carry the stigma of a sex charge.

We often hear about sex offenders, but what exactly is the definition of one? A sex offender is a person who has been:

Convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses of sexual battery, lewd and lascivious molestation, lewd and lascivious battery, etc. or any SIMILAR crime committed in Florida.

"Conviction" means the person has been determined guilty as a result of a plea or a trial, regardless of whether adjudication is withheld. That means, even if you are not convicted of the sex charge in Jacksonville, you can still be deemed a sex offender and will have to comply with all of the requirements.