SEX OFFENSES
SEX OFFENSES
Public opinion generally ignores the presumption of innocence until proven guilty at the accusation of a sex crime. There are extraordinarily harsh punishments for sex crimes in Florida and the accused will face a potential lifetime of legal and stigmatic consequences. Penalties can include County jail or extended state prison time, community supervision, court ordered counseling, loss of government occupational licenses/security clearances, community service, fines and HIV testing. Also, you may be required to register as a sex offender with the Florida Department of Corrections Sexual Offenders and Predators list (Meagan's Law), the details of your personal information made computer accessible, virtual impossibility in finding a residence where you are legally allowed to live and countless employment difficulties.
Effective 1999, Florida legislation enacted a law (Jimmy Ryce Act)that requires prison inmates with sex offense histories to be reviewed by the DOC, DCF, and state attorneys to evaluate the level of risk for re-offense. These inmates serving sentences for even non-sex related offenses can face involuntary civil commitment as a sexually violent predator upon completion of their sentence or release from incarceration.
In 2005, Florida passed a law (Lunsford Act) requiring that a person convicted of an aggravated felony sex crime would be required to wear a GPS tracking device for the rest of his or her life. Due to the nature and severity of these types of crimes, developing a legal strategy that establishes a strong and compelling defense must be sought with urgency. Our office has an experienced and fully focused Miami sex crimes defense lawyer with an aggressive approach to avoid a conviction, defend your rights and protect your future.
Sex crimes commonly charged in Florida are:
• Sexual Assault, Battery, Abuse, Misconduct
• Statutory, Spousal, Gang and Date Rape
• Child Pornography, Molestation, Abuse
• Luring a Minor • Lewd and Lascivious Conduct
• Exposure of Sexual Organs
• Solicitation and Prostitution
• Failure to Register as a Sex Offender
Sexual Battery and Child Sex Acts Accusations of any type of forcible sexual act involving an adult or child will trigger extreme penalties under Florida law. It can cause irreparable damage to your personal and professional reputation in addition to prison time shared with the worst offenders in the state. Alleged victims must be carefully questioned for credibility, inconsistencies and fabrications. In some cases, accusations of child sexual abuse are completely false and are linked to a bitter relationship or divorce in which child custody matters are in dispute.
The initial step in defending accusations of child sexual abuse is an in depth review and evaluation of the prosecutions evidence against you. The source of the information is pivotal; was the child coerced in any way to make these allegations? Sadly, sometimes a law enforcement child expert, psychologist, parent or other individual may lead an impressionable child into making accusations against an individual that are wholly untrue. A young child's concept of truth and eagerness to please the adults with whom they are speaking have been known to be the cause of these dreadful types of charges. Other cases may be based on exaggerations of facts or actions being misconstrued. Immediate action is necessary in any such criminal charge to review and evaluate the evidence to determine how to best proceed with defending your case.
Child pornography is considered a strict liability crime that does not require a "guilty mind" for its commission. If one is accused of an illegal act related to child pornography, whether being in possession of such material, transmission or accused of abusing children and producing such material, you are facing a serious legal situation that must be acted upon at once if you are hoping to avoid the repercussions of a conviction. If convicted of this offense, a lengthy sentence in state prison, sex offender registration and many other penalties can be expected. Each separate photo found in your possession will be a separate charge and the volume of images increases in proportion to the punishment accordingly. These images, when found on a personal computer, cell phone, laptop or any other media will result in criminal charges against you. It is vital that you have the support of a Miami sex crime lawyer to assist in defending your case. In some cases, the individual charged had no knowledge of the images on their computer thereby denying responsibility. Images can be planted from a remote location by another person in the workplace or household. Anyone with access to your computer, passwords or network has the dangerous potential to visit illegal child pornography sites and download pictures. Even infrequent visits to these sites will put you at risk of legal action as there are many law enforcement task forces, both state and federal, that are monitoring websites and activities on a daily basis. Enlisting a forensic computer expert will be helpful in proving how remote access could have occurred or that others had the ability to access your computer, phone or other device.
A seemingly victimless crime between consenting adults, law enforcement still pursue arrests for soliciting sex in exchange for monetary or alternative value. Sting operations set up by local police follow through on bringing charges even though no sexual act is actually performed. The prosecution must present solid evidence to factually prove these allegations and our firm will work diligently to handle these charges to seek resolution, dismissal or exoneration at trial.
Date Rape/Acquaintance rape involves non-consensual sexual acts with another person whom one knows or has some familiarity with. Unfortunately, date rape charges can stem from misunderstandings / disagreements following sex while intoxicated, regret or revenge. Many times, these cases will be determined by each parties version of events and an attorney from our Office will be essential in refuting these claims.