I have experience in defending sex crime cases in Orange County, Seminole County and throughout the entire Central Florida area. I examine each sex crime case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced sex crime defense attorney is essential.  Once hired, I will:

1. Collect and review all written, audio & video evidence;
2. Identify all possible defenses;
3. Qualify you for a pretrial diversion program;
4. Start negotiating with the prosecutor for a dismissal or reduced charges, and
5. Do whatever is necessary to avoid a criminal conviction.

THE FACTS SURROUNDING YOUR SEX CRIME CASE MATTER

The constitution guarantees that people be free from illegal police conduct. It is important for you to know if any of your constitutional rights have been violated. The police must have a lawful basis for investigation and arrest. Unlawful police conduct can lead to the suppression of evidence and statements obtained after the illegal police conduct. Other witnesses, their motivations, physical and video evidence and a conflict of evidence need to be investigated.  Important questions that should be answered in any battery case are:

• Was any of the evidence collected against you illegally obtained?
• Are the allegations made against you false? Were there any witnesses to this incident?
• Is Identity an issue? Do they have the wrong person?
• Were you read your Miranda rights? Were any of your statements illegally obtained?
• Are there other factors or motivations that show your lack of intent to commit a crime?
• Is there a lack of evidence or a conflict in the evidence?

VALID DEFENSES TO SEX CRIME CHARGES

There are numerous sex crime defenses that may apply to your case. Conflicting witness testimony, lack of physical evidence and false allegations can all be legal valid defenses to a sex crime in Florida. Sex crime charges may be defended by investigating any of the following legal issues:

1. Are there independent witnesses to the incident?
2. Is there an existing relationship between the accused and the reported victim?
3. Did the police conduct a thorough and fair investigation?
4. Were pictures taken of either party?
5. Who called the police and is there a 911 call?
6. Did the incident occur in the dwelling of the accused?
7. Did the alleged victim make any inconsistent statements?
8. Does the accused have an alibi?

TYPES OF SEX CRIME CASES:

In Florida, a sex crime case can be charged in many different ways, depending on the severity of the crime, Below is a list of the several sex crimes in Florida:

• Solicit prostitution
• Lewd and lascivious behavior
• Sexual battery
• Obscene communications
• Unlawful sexual activity with a minor
• Video voyeurism

FROM DISMISSAL TO EXPUNGEMENT: MY GOALS FOR YOUR CASE

During a free consultation, I will consider whether the following options are available to you. My goal is to do whatever is necessary to avoid a felony battery conviction.

Dismissing Your Charge

I can file a ‘Motion to Dismiss’ when there is insufficient evidence to support your criminal charges or when the court lacks proper jurisdiction to hear the case. Speedy trial and statute of limitations defenses can also lead to a complete dismissal.

Excluding Evidence

I can file a pretrial ‘Motion to Suppress’ where evidence may have been illegally obtained. This shifts the burden to the prosecutor to establish in court that all evidence was lawfully obtained. I challenge the State’s case at every stage of the police officer’s investigation (stop, detention, search, arrest, etc.).

Pretrial Diversion

I can apply for your participation in a pretrial diversion program. Your successful completion of the program will result in a dismissal of all charges.

Avoiding a Conviction

I can negotiate with the prosecutor and the court in an effort to secure a withhold of adjudication. This final disposition allows you to avoid a formal conviction.

Seeking a Reduced Sentence

I can present the court with background information and mitigating evidence that may result in a reduced sentence.

Expunging Your Record

After your case is resolved, I can petition the court to seal or expunge all public records relating to your arrest and prosecution. This includes your police report and entire court file. Expunging your record will require the clerk to physically destroy your entire court file and allows you to lawfully say that you have ever been arrested or charged with the crime.  Only a select few goverment entities are entitled to sealed and expunged records

Sex Crimes Case Law

St. Lot v. State, 4D19- 022 (Fla. 4th DCA 2020) Child hearsay of incompetent four year old victim is admissible where mother had just seen some of the sexual abuse.

Goesel v. State, 2D19-2730 (Fla. 2nd DCA 2020) Search warrant including failed to establish probable cause. First, it contained nothing to support the detective’s conclusory assertion that the photo at issue qualified as child pornography. Second, it did not establish that the Detective had any training or expertise in identifying child pornography

McCray v. State, 5D20-566 (Fla. 5th DCA 2020) Fondling victim’s breasts and kissing her neck were a part of the same criminal episode, and therefore cannot support separate L & L convictions.

CALL AN EXPERIENCED SEX CRIMES DEFENSE LAWYER

If you have been accused of or arrested for a sex crime contact my experienced Central Florida criminal defense lawyer to discuss your case and how I can help you. I offers a free confidential consultations to all prospective clients. In addition to keeping extended business hours, my office is open every Saturday. Call 407-740-7275 to speak directly with me.