September 21, 2019

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

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.

Under current Florida law, the crime of human trafficking is defined as any person who knowingly, or in reckless disregard of the facts, engages or attempts to engage in human trafficking, or benefits financially by receiving anything of value from participation in a venture that has subjected a person to human trafficking for labor or services or commercial sexual activity, or using coercion for labor, services, or commercial sexual activity.

August 7, 2019

I Was Falsely Accused of Rape – Now What?

by Adams, Luka, & Benton

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 sex crimes 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 the trial.

While you should not talk to the police regarding the alleged crimes, you should still take the accusations seriously. After you have contacted an attorney, you should think of potential witnesses who can testify to your innocence or any potential alibis that could discredit the accusations entirely. An attorney will be able to work with the police more effectively with this information to help you get the best result. With this information, an attorney may be able to show the police there was consent during the encounter. Alternatively, they can also prove there is insufficient evidence that a crime occurred. If the police can not prove a crime happened beyond a reasonable doubt, then charges would be dropped, and your name cleared. However, it is very unlikely to have this outcome if you do not contact an attorney in the initial stages of an investigation.

February 4, 2019

Can I Face Criminal Charges for the Same Crime in Both State Court and Federal Court?

by Adams, Luka, & Benton

The short answer is yes if the criminal conduct you were involved in violated both state law and federal law then you can face criminal charges in both state court and federal court. Local or statewide law enforcement agencies including local sheriff’s departments, city police departments, and the Florida Department of Law Enforcement conduct criminal investigations involving potential criminal activity that violates Florida Law. The U.S. government also has federal laws that criminalize certain conduct; those crimes are investigated by federal law enforcement agencies including the Federal Bureau of Investigation (FBI), Drug Enforcement Agency (DEA), or Bureau of Alcohol, Tobacco, and Firearms (ATF). State crimes are prosecuted by the state attorney’s office and federal crimes are prosecuted by U.S. District Attorneys. It is possible to be investigated by multiple law enforcement agencies at both the state and federal levels for the same criminal conduct and to subsequently be prosecuted in both state and federal court.

Many people are under the impression that the Double Jeopardy clause in the federal constitution protects them from being charged criminally for the same conduct in both state and federal court. Under the double jeopardy clause, no person can be tried twice by the same sovereign for the same offense. Each state is a separate sovereign from the United States and therefore an individual can be tried by both the state and federal government without the double jeopardy clause being violated.

An example of a common criminal activity that may allow someone to face charges in both state and federal courts would be drug trafficking, fraud charges, child pornography, and weapons charges. In many situations, an individual will be prosecuted by either the federal government or the state government, even if they were investigated by both state and federal law enforcement agencies. In some situations, an individual may be prosecuted by both. Sentencing also differs between the state and federal levels, with federal sentencing guidelines often being stricter for federal crimes. Consulting with an attorney who has experience in handling both federal and state-level criminal defense cases can help you to better understand the legal process, as well as what your rights and potential legal defenses are in both court systems.

March 27, 2017

Why Video Voyeurism is on the Rise

by Adams, Luka, & Benton

From 2004-2009 there were only two convictions for video voyeurism in Orange County, Florida; by 2014 the number raised to 10. Increased use of smartphones with photo and video capabilities as well as the commercial availability of small digital cameras attribute to the rise in numbers. Intentionally filming someone when they have the reasonable expectation of privacy may result in charges of video voyeurism.

Florida Statute §810.145 defines video voyeurism as: When a person for his or her own amusement, entertainment, sexual arousal, gratification, or profit, or for the purpose of degrading or abusing another person, intentionally uses or installs an imaging device to secretly view, broadcast, or record a person, without that person’s knowledge and consent, who is dressing, undressing, or privately exposing the body, at a place and time when that person has a reasonable expectation of privacy.

Video voyeurism can be easy to prove due to technological advances and video evidence. If you are accused of video voyeurism in Central Florida it is imperative that you do not allow law enforcement to search your cell phone without a warrant and to hire a criminal defense attorney.
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