Sex Crimes

Florida Court Finds Sexual Predator Designation Proper Even Though The Offender Did Not Meet Statutory Definition of a Predator

January 16, 2019 | by Hanlon Law, PA

While no criminal charges should be taken lightly, a conviction for a sex crime can result in a lifelong designation as a sexual predator. While there are laws in Florida that require a mandatory sexual offender designation in certain circumstances, the laws also allow for the Florida Parole Commission to impose sexual predator restrictions based on its discretion.

This was demonstrated in a recent case decided by a Florida appellate court, where the court found that sexual predator conditions imposed on a defendant were proper, even though he was not a sexual predator under the statutory guidelines. If you are a resident of St. Petersburg and are currently charged with a sex crime, it is essential to retain the services of a skilled St. Petersburg sex crime defense attorney, to aid you in your fight to retain your liberties and protect your future.

Facts Regarding Defendant’s Sex Crime Charges and Conviction

Reportedly, in 1997 the defendant entered a plea to charges of fondling a minor under the age of sixteen and sexual battery. The stipulated year of his offenses was 1991. The trial court designated the defendant a sexual predator. The designation was subsequently reversed, however, based on the appellate court’s finding that the Florida sexual predator statute applied only to a conviction for sex crimes committed on or after October 1, 1993.

Florida Court Explains Evidentiary Concept of Opening the Door to Otherwise Inadmissible Evidence

January 2, 2019 | by Hanlon Law, PA

In all sex crime cases, the state bears the burden of proving that a defendant committed a crime. In pointing out the weaknesses in the state’s case at trial, however, it is essential to consider how any question posed to the state’s witnesses will affect what evidence the state can introduce in rebuttal.

For example, a Florida district court recently ruled that a defendant “opened the door” to questioning regarding his refusal to submit to a DNA test, where the defendant’s attorney questioned the state’s witnesses regarding DNA evidence. If you live in St. Petersburg and are facing charges of a sex crime, you should retain a seasoned St. Petersburg sex crime defense attorney to help you analyze any evidence the state can introduce against you and preclude any evidence that should not be admitted.

Charges and Trial Testimony

It is reported that the state charged the defendant with capital sexual battery, lewd or lascivious molestation, attempted capital sexual battery, and false imprisonment, for his alleged sexual relationship with a 10-year-old girl. At the trial, the alleged victim’s mother testified that the victim had two positive pregnancy tests, after which she informed her mother and grandmother of sexual activity between her and the defendant. The victim testified regarding the defendant’s alleged sexual activity with her at the trial as well. A doctor who examined the victim in the emergency room for a possible miscarriage testified that she tested negative for the pregnancy hormone, which she should test positive for if she was pregnant, but the doctor admitted he had never examined a potentially pregnant 10-year-old.

Florida Court Explains Factors Indicating Voluntary Consent to a Warrantless Search

December 20, 2018 | by Hanlon Law, PA

If you are charged with a sex crime, it is important to understand what evidence the state will attempt to use against you. Evidence that is obtained via an unreasonable search may be precluded, but proving a search is unreasonable can be difficult, and it is important to understand what constitutes an unreasonable search.

A Florida court recently clarified when a warrantless search is valid, in a case in which they permitted the state to admit evidence found in the defendant’s home absent a warrant. If you face sex crime charges in St. Petersburg, it is in your best interest to meet with a skilled St. Petersburg sex crimes defense attorney who will vigorously fight to preclude evidence obtained without a valid search warrant.

Evidence Against the Defendant

Allegedly, the police began investigating the defendant after a woman contacted the police department and reported the defendant was having sex with the woman’s sister, who was a minor. A child protective team interviewed the minor, who explained that she and the defendant exchanged sexual messages through text, and via two different messaging applications, and eventually began a sexual relationship. The police found messages on the minor’s phone from the defendant in one application, but could not retrieve messages from the other application. The police then obtained a warrant to search the defendant’s phone.

Appeals Court of Florida Finds Trial Court Erred in Requiring a Defendant to Register as a Sex Offender and in its Sentencing

December 10, 2018 | by Hanlon Law, PA

It is important for any defendant who pleads guilty to or is convicted of a crime to understand how previous convictions for sex crimes may be weighed against him or her. In the Florida courts, prior to sentencing, a Presentence Investigation Report (PSI) is issued, setting forth a defendant’s criminal and personal history. The PSI aides judges in determining an appropriate sentence. It is essential that the court accurately understand information in a PSI, as an incorrect assessment of prior convictions can result in an inappropriate sentence.

This was illustrated in a recent Florida appellate court case, where the court found that the trial court committed an error of law in requiring a defendant to register as a sex offender and imposing a greater than guideline sentence due to a misunderstanding of the information in the PSI and the applicable law. If you were previously convicted of a sex crime and currently face criminal charges in St. Petersburg, it is in your best interest to consult an experienced St. Petersburg sex crimes defense attorney as soon as possible.

Defendant’s Sentencing Hearing

Purportedly, the defendant pled guilty to bank robbery and taking a hostage during a bank robbery. Prior to his sentencing, a PSI was issued that included information regarding the defendant’s prior adjudication as a juvenile for sexual misconduct. The sexual misconduct conviction was based on the defendant allegedly forcing a seven-year-old girl to have oral sex with him when he was thirteen.

Florida Court Clarifies What Constitutes an Overt Act in an Attempted Sex Crime

November 29, 2018 | by Hanlon Law, PA

Under Florida law, you do not have to actually commit a crime to be convicted of an offense. Rather, a person can be found guilty for a criminal attempt if he or she takes any action toward the commission of the offense but is prevented from actually executing the crime. While a defendant can be charged with an attempt to commit numerous crimes, attempt charges frequently arise in cases involving sex crimes.

The standard of what is necessary to prove an attempted sex crime was recently clarified by a Florida Court of Appeals in Berger v. State, a case involving a conviction for attempted sexual battery. The Berger ruling enlarged the definition of an overt act in cases involving attempted sex crimes, potentially exposing defendants to a higher risk of conviction. If you are charged with an attempted sex crime in St. Petersburg, it is important to retain an experienced St. Petersburg sex crime defense attorney who is adept at navigating the criminal court system and can assist you in preparing your defense.

Factual Background

Allegedly, the defendant engaged in online communication with an undercover police officer who purported to be a man trying to engage a person to teach his minor daughter about sex, as part of an operation to catch child predators. The defendant indicated specific sexual acts he intended to commit on the child and discussed the logistics of traveling to visit the child. The defendant then drove to what he believed to be the child’s residence and knocked on the door, after which he was arrested. He was subsequently charged with and convicted of attempt to commit sexual battery on a person under twelve years old. Defendant appealed his conviction on the grounds he did not commit an overt act towards the commission of the crime. On appeal, the court affirmed his conviction.

Florida Appeals Court Hears Video Voyeurism Case

November 11, 2018 | by Hanlon Law, PA

There are many types of sex crimes under Florida law. One of those is video voyeurism. Video voyeurism is when someone secretly records another person in an intimate state, generally for the sexual gratification purposes. Your skilled St. Petersburg sex crimes criminal defense attorney can help you understand what the potential penalties may be for a video voyeurism conviction.

Requirements for a Video Voyeurism Conviction

Like all criminal laws, the prosecution must prove that the defendant’s actions met all the elements of the statute in order to get a conviction. In order to prove that the defendant committed video voyeurism, one thing the prosecution must show is that the offense was committed with the aid of an imaging device. It also requires that the defendant intentionally used the imaging device to secretly view someone taking off their clothes or privately exposing their body in a place where the person being recorded had a reasonable expectation of privacy. It is also video voyeurism when a defendant uses a recording device to took under or through someone’s clothes.

Video Voyeurism and Evidence

In order to prove that a defendant is guilty of video voyeurism, like with all other charges, the prosecution must use evidence to prove guilt beyond a reasonable doubt. However, there are specific laws that police and the court must follow in order for evidence to be admissible at trial. If evidence is obtained illegally, it is not permitted to be shown to the jury. A case recently heard by the Florida Second District Court of Appeal, the court looked at video evidence in a video voyeurism case.

Florida Appeals Court Hears Sixth Amendment Sexual Battery Case

October 25, 2018 | by Hanlon Law, PA

The Sixth Amendment includes what is referred to as the “Confrontation Clause.” The Confrontation Clause gives criminal defendants the right to confront their accusers. Generally this means that defendant’s counsel can cross examine any witnesses for the state. However, there are some cases where an accuser may be permitted to testify remotely instead of being in the courtroom. One situation where this is somewhat common is in sex crimes cases. Your experienced St. Petersburg sex crimes attorney can help you understand how the Confrontation Clause applies in your situation.

Confrontation Clause

As noted above, the Supreme Court has interpreted the confrontation clause to mean that there is a preference for face-to-face testimony. However, this preference will occasionally be set aside when there are significant public policy and/or other reasons for a victim not to appear in person. For example, child witnesses where the trauma of facing their alleged assailant in court would make their testimony unreliable.

Florida Courts Discuss “Sexually Violent Predator” Designation

October 9, 2018 | by Hanlon Law, PA

In 1998, the Florida legislature passed the “Jimmy Ryce Involuntary Civil Commitment for Sexually Violent Predators’ Treatment and Care Act” (“Ryce Act”). This is a mechanism for Florida courts to use civil commitment for individuals who have been designated as sexually violent predators. In other words, after someone has been convicted of a Florida crime and served their sentence, this law allows a way for the state to keep them isolated from the community.

Requirements for Sexually Violent Predator Status

In order for the state to take away someone’s right to be in the community beyond the time they are sentenced to, they need to prove that the defendant meets certain criteria. The purpose of this law is to keep the community safe from sex offenders who are likely to continue to commit sex crimes in the future.

The process for a defendant to be deemed a sexually violent predator (“SVP”) is not a criminal proceeding, but a civil proceeding. That means that defendants do not have all of the same rights that a defendant would have in a criminal trial. However, due to the significant liberty interests at stake, defendants are afforded many protections. (I am using the word “defendant” though it is not entirely accurate for the sake of simplicity as at one time the individual was a defendant from the original sex crime charges.)

Florida Man’s Sexual Battery Conviction Affirmed by Appeals Court

September 27, 2018 | by Hanlon Law, PA

After a jury finds a defendant guilty, it does not necessarily mean that the process ends there. Defendants are given an opportunity to appeal their conviction, sometimes several opportunities depending on the circumstances. In order to be successful on appeal, the defendant needs to prove that there was an error during the trial. In other words, the defendant is essentially claiming that there was something unfair or erroneous that happened during the trial that makes the jury verdict invalid. Depending on the circumstances and specific grounds the defendant is basing their appeal on, if the defendant is successful in their appeal the charges may be thrown out completely or the defendant may get a new trial. Your knowledgeable St. Petersburg sex crimes criminal defense attorney can tell you what is likely to happen in your case if you are successful in your appeal.

The Case At Issue

In a case recently heard by the Florida First District Court of Appeal, a man was convicted of three counts of sexual battery of a child under twelve. The alleged victim is the defendant’s daughter. In his appeal he argued that he should get a new trial because he was not able to confront the witnesses against him. He also argued that he did not have meaningful assistance of counsel.

Florida Supreme Court Hears Double Jeopardy Argument in Attempted Sexual Battery Case

September 10, 2018 | by Hanlon Law, PA

The Florida Supreme Court is the highest court in Florida. Immediately below the Florida Supreme Court are the Florida Appeals Courts. There are five different districts in Florida that each have their own courts of appeal. Sometimes these courts will rule on cases in ways that conflict with each other. When this happens, then the Florida Supreme Court will often agree to hear the cases to make a decision on the issue. Then, the lower courts are required to follow the Florida high court’s ruling. The different levels of courts can be confusing, but your experienced Florida sex crimes defense attorney can help you to understand how your case will move through the courts and whether it is possible to appeal to a higher court.

Underlying Facts

While this case involves several lower court cases, it is centered on one particular case from the Fourth District Court of Appeal. In the case, a defendant was charged with burglary of a dwelling with an assault or battery while armed and masked, aggravated assault with a deadly weapon while masked, and attempted sexual battery using great force or a deadly weapon. He was found guilty on all of the charges.