I was convicted of sexual battery and place on the sex offender registry. Can I be removed?

by Adams & Luka

Someone who has been convicted of a sexually related crime will be required by the court to register as a sex offender or sexual predator. Those crimes can include: child pornography, sexual misconduct, lewd or lascivious offenses with a minor, etc. A sexual offender and sexual predator are two different terms, depending on the number of convictions on your record. A sexual predator is typically the more dangerous of the two, having committed and been convicted of at least two 2^nd-degree sexual felonies or at least one 1^st-degree sexual felony.

The sex offender registry is a public list that displays your name, picture, address, and the criminal offense. In some cases, the list will also provide date of birth, weight, and height, among other things. This information is made available to the public on a law enforcement-managed website. All of this information is provided to your local law enforcement when you register, and when required to register, your name remains on that list for life. If you fail to register or re-register when required, you can be charged with a 3^rd-degree felony, punishable depending on the number of offenses. If your first offense, it is punishable with six months electronic monitoring by the police; a 2^nd offense requires a one-year minimum of electronic monitoring; a 3^rd offense requires a 2-year minimum of electronic monitoring.

Being charged and convicted with a sexually related criminal offense is not a situation you want to be in, but being placed on the registry after being released into the community will continue to have long-lasting, harmful effects. It may prove very difficult to find employment, you will have to follow state regulations on the distance you reside from schools and playgrounds, neighbors will be able to discover your crimes on the registry, and you can get in more legal trouble if you fail to update your registration yearly as required. In addition to being placed on the sex offender list, you will also be required to make the local police aware when in their county and to inform them with plans to travel to other Florida counties.

February 1, 2021

My date lied about her age and the police want to speak with me

by Adams & Luka

The police have shown up at my door and accused me of having sexual relations with a woman who is underage. There was consent and she told me she was 20 years old. She turned out to be 16 years old. What should I do?

If the police show up asking questions, you should not answer any of their questions or make any statements to them regarding the accusations. Once they leave, call an attorney who specializes in criminal defense and explain the police are making these alleged accusations against you. The attorney will provide you with legal advice by explaining your next steps and advising you to not contact the other party involved, or speak to the police without an attorney present.

In Florida, having sexual relations with a minor can result in criminal charges, leading to prison time and hefty fines. The age of sexual consent is 18 years old- anyone under the age of 18 is considered a minor. Regardless of the minor giving consent, Florida law declares minors to be incapable of giving informed consent.

April 17, 2020

How Are Search Warrants Usually Obtained in Child Pornography Investigations?

by Adams & Luka

The police have asked me to turn over my cellphone and laptop so that they can search it for illegal material and child pornography. I don’t have anything to hide, but I don’t want to turn anything over unless I really need to. What do the police need to get a search warrant for my electronics?

Under the 4th Amendment of the U.S. Constitution, as well as under the Florida Constitution, the police cannot search through information on your computer, laptop, cellphone, tablet, or other electronic device without either your consent or a search warrant. If you refuse to give consent, then a police officer or other law enforcement agent would need to provide a sworn affidavit to a magistrate or judge stating the grounds for probable cause. The affidavit would need to provide specific information showing that there is a high probability that law enforcement will find illegal material on your devices if they were allowed to search them.

Many people wonder how law enforcement could possibly know whether their devices contain illegal material such as child pornography. Most tips that law enforcement receives regarding child pornography comes from internet services providers, such as Google or Safari. Internet service providers are private companies. Given that 4th amendment protections only apply to invasions of privacy committed by government actors and not private individuals or companies, the 4th amendment does not protect you from private companies turning over information they have to law enforcement. For example, if an internet service provider becomes aware of an image of child pornography, it can report that image, including providing the web server and address, to law enforcement. Law enforcement can then use this information to establish the probable cause they need to get a warrant for uploads or downloads of this illegal material.

September 21, 2019

What is the Difference between Prostitution and Human Trafficking, and What Type of Conduct Can Result in Human Trafficking Charges?

by Adams & Luka

Florida lawmakers have recently been focusing on increased efforts to combat the crime of human trafficking. The result of these efforts has been new legislation criminalizing a broad range of conduct most people don’t realize is connected with human trafficking. News headlines of human trafficking arrests have been increasing across the state, with many individuals facing lengthy prison sentences for these crimes.

Many people have difficulty distinguishing between the crimes of human trafficking and prostitution. The key difference is essentially consent or coercion. Prostitution criminalizes the exchange of sexual acts for money with consenting individuals. Human trafficking is considered by the Florida legislature to be modern-day slavery involving an element of coercion that isn’t present in prostitution. Human trafficking also includes trafficking individuals for labor or services. Most prostitution offenses are misdemeanors, while human trafficking offenses are felonies carrying much harsher sentences. Continue reading

August 7, 2019

I Was Falsely Accused of Rape – Now What?

by Adams & Luka

I was falsely accused of rape and the police just called to question me – should I talk to them? This is a call we receive quite often because it is our client’s first instinct to cooperate with the police when they know they have been falsely accused of a crime, especially one of a sexual nature. However, talking to the police without retaining an experienced criminal defense attorney could lead to disastrous results later.

Anything you say to the police can be used against you if charges are formally filed. You have a legally protected right to remain silent when police want to question you regarding an ongoing investigation. If the police call you or come to your house to investigate, do not panic. Do not speak to the police regarding the alleged crime or even try to explain your innocence. Simply remain silent and tell them that your attorney will be in contact. Don’t get tricked by the police. Most people do not realize the police can lie to you to obtain a confession. They may say things like “We have you on video” or “We have a taped conversation of you admitting it.” Do not fall for this trick. Remember, if the police had solid evidence against you, they would just arrest you and not need a confession. Additionally, is also important to not discuss the potential charges with family members or friends. Anything you tell them could also be later used against you if the prosecutor chooses to call them as a witness during trial. Continue reading