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Articles Posted in Sex Crimes

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When a person is required to register as a sexual offender it can impact his or her life long after the sentence for any crime is served. Florida strictly construes the sexual offender registration requirements, and a person may be required to register as a sexual offender even if he or she was not initially notified of the requirement. Recently, the District Court of Appeal of Florida, Third District, discussed the parameters for the requirement, in a case in which it overturned the trial court’s order obviating the defendant’s obligation to register as a sexual offender following a kidnapping conviction. If you are a resident of  Clearwater and are charged with a sex crime, it is prudent to consult a diligent Clearwater sex crime attorney to discuss your rights.

The Defendant’s Arrest and Conviction

It is reported that the defendant was charged with and convicted of multiple crimes arising out of a kidnapping in 1994. He was subsequently sentenced to five years in prison, which was followed by five years of probation. He was sentenced to additional imprisonment due to probation violations and was not released from supervision until 2006.

It is alleged that the Florida legislature enacted a law three years after the defendant’s conviction, that required sex offenders to register with the Florida Department of Law Enforcement (FDLE). A sexual offender designation is based on criteria set forth under the law, and kidnapping is one of the enumerated offenses that require a person to register as a sexual offender.

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In some cases, it is prudent for a criminal defendant to plead guilty in exchange for a lesser sentence. A guilty plea does not always guarantee a lesser sentence; however, as the court is free to sentence a defendant to the maximum punishment permitted. The court is not permitted to exceed the maximum sentence, however, or the sentence may be deemed illegal. This was illustrated in a recent case decided by the District Court of Appeal of Florida, Second District, in a case in which the defendant pleaded guilty to sexual battery and received a sentence in excess of the maximum sentence. If you live in Clearwater and are charged with sexual battery or any other sex crime, it is important to meet with a skilled Clearwater sex crime defense attorney to help you protect your rights.

Factual Background

It is alleged that the defendant was charged with and pleaded to guilty three separate charges of sexual battery with a deadly weapon, arising out of separate acts. Prior to pleading guilty, the defendant entered into a plea agreement with the State, in which his collective sentences were not to exceed 100 years. The court disregarded the agreement, however, and sentenced the defendant to three concurrent 90-year sentences. The defendant filed a motion to correct the sentences, arguing that as sexual batteries were life felonies, but the court did not impose life sentences, the maximum term he could be sentenced for each offense was 40 years.

Reportedly, the court subsequently issued an order stating that the defendant withdrew his motion. The defendant filed a second motion, but it was never ruled on. Finally, the defendant filed a third motion to correct his sentence. The court denied the motion stating that the issue had previously been ruled upon, and the defendant appealed.

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It is well-known that there is a constitutional prohibition against double jeopardy, which is the term used for being tried or convicted more than once for the same criminal offense. This does not mean that a person cannot face multiple criminal charges for criminal conduct in a single criminal episode, however, as recently discussed by a Florida appellate court, in a case in which the defendant was convicted of both attempted lewd battery and unlawfully traveling to meet a minor. If you are a Clearwater resident faced with charges of a sex crime involving a minor or any other sex crime it is essential to retain an assertive Clearwater sex crime defense attorney to fight to protect your liberties.

Facts and Procedural Background

Allegedly, in June 2016, the defendant communicated online with an undercover police officer who was posing as a fourteen-year-old girl. During their conversations, the defendant offered to pay the girl money for sexual activity and arranged to meet the girl at her house. On the way to the agreed upon location, which the defendant believed to be the girl’s home, the defendant reportedly stopped to get cash and buy condoms. When he arrived at the home, he was arrested. He was subsequently charged with unlawful travel and attempted lewd battery.

It is reported the defendant moved to dismiss the attempted lewd battery charge, on double jeopardy grounds. The court ruled that although both crimes arose out of the same conduct, and a single criminal episode, it found that each charge required elements of proof that the other did not. The trial court denied the defendant’s motion and he pleaded no contest to the charges. He then appealed from the final judgment. Continue Reading

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In many cases in which a defendant is convicted of a sex crime, he or she will be sentenced to probation rather than imprisonment. If a person violates the terms of his or her probation, however, it can result in a revocation of probation. If the State seeks to revoke a defendant’s probation, it must provide the defendant with an affidavit of the alleged probation violation, and if the State fails to do so, it may violate due process. Recently, a Florida court of appeals analyzed whether an inaccurate affidavit of violation of probation is sufficient to sustain a revocation of probation in a sex crime case. If you live in Clearwater and are charged with violation of probation for a sex crime conviction it is essential to speak with a knowledgeable Clearwater sex crime defense attorney regarding what the State must prove to revoke your probation.

Factual and Procedural Background

Allegedly, the defendant was charged with violating the terms of his probation for a sex crime conviction, Specifically, it was alleged that he possessed pornography in violation of the terms of his probation. Following a hearing, the court found that the defendant violated his probation and revoked his probation. He was subsequently sentenced to ninety-nine months imprisonment. The defendant appealed, arguing that the trial court committed an error by ruling he violated the term of his probation prohibiting him from possessing pornography, because the State failed to show that the pornographic materials had any bearing on the deviant behavior that originally led to his sex crime conviction.

Sufficiency of Affidavit of Violation of Probation

Under Florida law, sex offenders who are sentenced to probation are required to have a prohibition on possessing pornographic materials as a term of their probation. Before October 2014, the law required that the pornographic materials subject to prohibition bear a relationship to the defendant’s pattern of deviant behavior. After October 2014, however, the statute was revised to require the prohibition of any pornographic materials as a term of a sex offender’s probation. As such, anyone placed on probation after October 2014 following a conviction for a sex crime is prohibited from owning any pornographic materials. Notably, however, the statutory modification did not alleviate the earlier provision prohibiting pornographic materials related to the offender’s deviant behavior.

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The Florida Rules of Criminal Procedure offer numerous protections to defendants charged with sex crimes, including the right to appeal unjust convictions. While the law provides avenues for appeal, it also imposes strict deadlines that criminal defendants must comply with, to avoid waiving the right to appeal. A Florida district court of appeals recently discussed exceptions to the statutory deadlines for filing an appeal, in a case in which the defendant’s appeal of his conviction for sexual battery was denied as untimely.  If you are a Clearwater resident charged with a sex crime it is vital to retain a skillful Clearwater sex crime defense attorney to present a strong defense on your behalf to help you protect your rights.

Factual and Procedural Background

It is reported that the defendant was charged with sexual battery of an individual less than twelve years of age and lewd and lascivious molestation. The charges arose out of the defendant’s alleged digital penetration of his granddaughter while she slept in a bed with him. During the trial, the granddaughter also testified that the defendant molested her when she was approximately 7 years old when she visited him in Colorado. Additionally, another granddaughter and the defendant’s stepdaughter testified that the defendant had molested them on more than one occasion as well. The defendant was convicted on both counts and sentenced to life in prison. The second conviction was deemed to violate double jeopardy and was vacated.

Allegedly, within the two-year deadline, the defendant filed a Rule 3.850 motion for post-conviction relief arguing that his counsel was ineffective on multiple grounds, including for permitting the State to introduce collateral crime evidence. The court denied the motion with prejudice, finding that the defendant failed to prove the case was prejudiced or his counsel was ineffective. Then, one year later, the defendant filed a second motion for post-conviction relief.  The trial court denied the motion and the defendant appealed.

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A person accused of committing a sex crime has the right to a fair trial which includes the right to be represented by an attorney. A defendant who is charged with a sex crime is afforded the right to an attorney even if he or she does not have sufficient funds to hire an attorney, in which case one will be appointed. Even though a defendant may not choose an appointed attorney, the attorney still has an obligation to provide a thorough defense, and attorneys that have conflicts of interest must recuse themselves from representing the defendants they have been appointed to represent. A Florida appellate court recently discussed what constitutes a conflict of interest in a sex crime case.   If you live in Clearwater and are accused of committing a sex crime you should meet with a trusted Clearwater sex crime defense attorney to discuss the facts of your case and your available defenses.

The Charges Against the Defendant

Allegedly, the defendant approached his victim while she was walking in her neighborhood, held a knife to her neck, and raped her. The victim went to the hospital where medical professionals examined her and gathered evidence that matched the defendant. The defendant was charged with sexual battery with a deadly weapon. He was found guilty following a jury trial, after which he appealed.

What Constitutes an Actual Conflict of Interest

In his appeal, the defendant argued, in part, that he was denied his Sixth Amendment right to representation of counsel without conflict. Specifically, he argued that because it was discovered during the trial that his attorney was employed by the Office of Criminal Conflict and Civil Regional Counsel (OCCCRC), and another attorney employed by OCCCRC was representing the victim in another matter. Upon learning this information, the judge placed the defendant under oath and asked whether he wished to waive any possible conflict, to which the defendant replied yes. The judge commented that no actual conflict had arisen but found that the defendant had knowingly and freely waived any potential conflict.
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Under the laws of the United States, defendants have a right to act as their own counsel if they so choose. However, the state still has a responsibility to make sure that the defendant is competent enough to make these choices. In a case heard by the Florida First District Court of Appeal, a defendant who refused to cooperate with his counsel and then represented himself appealed his conviction for sex crimes. If you or a loved one is charged with a sex crime, you should contact a skilled Clearwater sex crime attorney as soon as possible.Facts of the Case

The defendant in this case was charged with three counts of sexual battery. The prosecutors provided DNA evidence that corroborated the testimony of the victim. He decided to represent himself during most of the proceedings. However, the judge did appoint his public defender to be his standby counsel during the proceedings. He was found guilty and sentenced to life in prison. On appeal, he alleged that the trial court’s verdict should be overturned. The defendant argued that the court should have performed a competency hearing to make sure that he was competent to waive his right to counsel. He also argued that the standby counsel was ineffective.

Competency

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If you are convicted of a crime in Florida, the state has many different options regarding punishment for that crime. For example, states can force people to pay restitution or fines, and give people probation or jail time. However, there are laws around the kind of sentence someone gets. These laws include principles based on the Constitution, like fundamental fairness. In a case recently heard by the Second District Court of Appeals in Florida, a sentence given to a defendant was found to violate the Fourteenth Amendment’s requirement of fairness. This case helps to illustrate why it is so important to contact a knowledgeable Clearwater criminal defense attorney if you or a loved one has been charged with a crime.

Plea Bargains

The vast majority of defendants who are charged with a crime will end up pleading guilty. Prosecutors will frequently offer a reduced sentence to defendants who are willing to plead guilty to some or all of the charges against them. However, just because a defendant agrees to the guilty plea does not mean that it relieves the state from having to follow the laws around sentencing. In other words, if the sentence violates the Constitution, it is illegal whether or not the defendant agreed to it.

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In many cases, a person convicted of a Florida crime Florida may have the option to stay out of prison on parole, probation or another form of supervised release. State judges, however, have some significant leeway to put people behind bars if they are deemed a threat to the public. A recent decision out of Florida’s Fourth District Court of Appeal sets some limits on that authority.

Defendant was charged with multiple counts of providing false information to law enforcement in a missing child investigation. He shared a home with the child’s mother and allegedly made a number of false statements about the child’s whereabouts when she went missing. That included telling a police officer that the child was with her grandmother, and later that she had been taken to a local fire station. He eventually admitted to the cops that he believed the child was dead. Defendant said he’d left the home for a couple months after having a fight with the child’s mother. When he returned, Defendant said the mother told him, “If you love me, you will forgive me,” but refused to say what she had done wrong.

Defendant eventually told officers to look for the child’s body in the backyard of the home he had shared with the mother. The child’s skeletal remains were eventually found in the backyard. Defendant said he initially lied to the police because he “was in love and being stupid.” He was eventually convicted on the counts of providing false information to the police officers.

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The U.S. Court of Appeals for the Eleventh Circuit recently took up the case of a Florida man convicted of acting as a pimp for a minor girl. The court’s decision is a good example of the serious consequences that can come with being charged with sex trafficking and the significant leeway that judges have in deciding whether a Florida criminal defendant is competent to stand trial.

Defendant was convicted of two federal crimes—sex trafficking of a minor child and inducing a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction—for taking advantage of a 16-year-old girl who had ran away from home. He took sexually suggestive photos of the girl, according to the court, and uploaded them to an internet site for prostitution. The girl said Defendant made her have sex with four or five men per day and then give the money she earned to him. He also allegedly plied the girl with crack cocaine.

A presentencing report indicated that Defendant had been receiving Social Security Disability benefits since he was five years old because of “learning disabilities.” He told the court he could not read, write, or spell, and suffered from anxiety and panic attacks. Defendant’s attorney also submitted an evaluation showing that Defendant had a very low IQ—equal to or better than only 0.1 percent of his peers—and that he suffered from attention deficit hyperactivity disorder.

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