Articles Posted in Sex Crimes in Jacksonville

A Jacksonville man who served his sentence after pleading guilty to sexual battery charges should be freed and the state did not file proper procedures in attempting to have him committed after his release, an appellate court ruled this month. A state law, known as the Jimmy Ryce Act, allows the state to continue to hold some sex offenders in custody even after they’ve served their sentences. But there are certain procedures that must be followed for the state to do so. In this Jacksonville Sex Crimes Case, the state did not refer the case to the Department of Children and Families before the sentence was complete, according to a report in the Florida Times-Union. Because that was not done in time, the court ruled the state no longer had authority over the man and could not civilly commit him, the newspaper reported.

In Jacksonville Sex Crimes cases, the state can petition for the defendant to be held involuntarily if the judge agrees the person is a sexually violent predator and has a high likelihood of reoffending if released among the general public. In this case, the state argued the man has a history of these offenses and “suffers from a mental abnormality and/or personality disorder that makes him likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care and treatment,” the newspaper reported.

Civil commitment is essentially a prison where the state provides mental health treatment and warehouses sexual predators that have completed their prison sentence. They are not free to come and go as they please and periodic reviews come up to determine whether they should remain in custody. There are no other crimes for which people can continue to be held following their sentence. Convictions in Duval County Sex Crimes can ultimately be a life sentence. Once someone is convicted of or pleads guilty to a felony sex crime, the person is required to register as a sex offender. That means checking in with police at least twice a year, and reporting within 48 hours when the person moves residences. The public piece of this comes in when neighbors are notified that a sex offender has moved to the area, with the person’s name, new address and the charge that qualified the person as a sex offender. There is a stigma attached to sex crimes and, this year, the state just toughened the Jimmy Ryce law, allowing for more people to be held after prison, the newspaper reported.

Police arrested a 26-year-old school employee on St. Johns County Sex Crimes charges, after the accused of kissing a student last month. The woman, who works at the Florida School for the Deaf and Blind, is accused of sitting on a couch across from the student, when the two then kissed, according to a report on News4Jax. The woman was arrested and charged with lewd and lascivious molestation of a child between the ages of 12 and 16. The charge is a second-degree felony, punishable by up to 15 years in state prison.

The underlying factor in this St. Johns County Sex Crimes Case is the relative age of the alleged victim – which was not reported by the television station, though the exact age doesn’t matter. With the victim being between 12 and 16 and the suspect being over the age of 18, the same charges apply. Molestation may seem like it is overstating the case, and sounds like much more than a simple kiss. However, according to Florida Statutes, “A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch the perpetrator, commits lewd or lascivious molestation.” In this circumstance, the state has decided that a kiss qualifies to make this a felony St. Johns County Sex Crime.

It seems highly unlikely that the defendant in this St. Johns County Sex Crimes Case would receive anything close to the maximum penalty of 15 years in state prison. Right or wrong, the courts tend to look at cases differently in terms of punishment when the alleged perpetrator is a woman, as opposed to a man. The big issue in terms of sentencing in this St. Johns County Sex Crimes Case is whether the woman will have to register as a sex offender. If she was to plead to or be convicted of her current charges, she would have to register. That is likely a key piece of any negotiation, though it could be one the state is unwilling to budge on. Once someone is classified as a sexual offender, he or she has to check in with police at least twice a year – and within 48 hours of moving residences. The public piece comes in when the person moves, then neighbors are sent a notice that a sex offender has moved into the area – with the person’s name and the charge that led to the conviction. The registration is important to notify the public of dangerous sexual predators, but can also stigmatize people and create what amounts to a life sentence for someone who made a bad decision and is not out to prey on children.

A Nassau County teacher is facing a felony charge, accused of having a sexual relationship with a former student – beginning when she was 17 years old. Police started looking into rumors of the relationship earlier this year, but made the arrest after more information was brought forward, including from the defendant’s sister-in-law, according to a report on News4Jax. The sister-in-law told the teacher’s wife, who then confronted the man, who allegedly admitted to the relationship, the television station reported.

The defendant initially told police the relationship started after the girl turned 18, but the student said it began months prior to her birthday and the television station reported the man eventually admitted the same to detectives. He is charged with unlawful sex with a minor, a second-degree felony punishable by up to 15 years in state prison. This particular charge applies to people 24 and older who have sex with teens either 16 or 17 years of age, according to Florida law. In this Nassau County Sex Crimes case, the defendant is 32 years old – clearly above the threshold of 24. Once a person turns 18, he or she is legally an adult and there are not laws that govern consensual sex with another adult. There could have been issues in this Nassau County Sex Crimes Case because the man was the alleged victim’s teacher, but the age is what the state is basing its charges on in this case. And, based on media reports and the alleged admissions from both the alleged victim and defendant, the state has the age piece locked up. There is no argument that needs to be made on consent in these types of Nassau County Sex Crimes Cases. The law does not empower 16- or 17-year-olds to have sex with people over the age of 24, and it’s on the adult to know the law, or be charged with a Nassau County Sex Crime.

The sentencing threshold is rather high, and the details of the case will determine where the case falls in terms of a sentence in state prison – if the judge chooses that route. But it’s highly unlikely there will be any sentence that does not include requiring the defendant to register as a sex offender. Anyone convicted of a Nassau County Sex Crime of this nature is required to check in with police at least twice a year, and notify police when he or she moves to a new house or apartment. And, once a registered sex offender moves into a new neighborhood, neighbors are notified of his or her presence, with a photo of the person and a description of the charge that classified the person as a sex offender. And even though a person convicted of a Nassau County Sex Crime may do his or her time in jail or prison and want to move on, the stigma and registration requirements do not go away. Our Nassau County Sex Crimes Attorney knows the details and requirements of sex offender registrations and can explain those to you or your loved one so you can make the best decision going forward.

A former Jacksonville school security officer originally charged with two serious felony sex crimes pleaded guilty this month to significantly reduced charges. The guard, 25, was fired and charged after a 17-year-old high school senior went to police about her sexual relationship with the man, according to a report in the Florida Times-Union. The girl said when she tried to end the relationship with the man, he started sending her nude pictures of herself and that he also submitted them as messages through Facebook. As a result, the man was charged with unlawful sex with a minor and transmission of material harmful to a minor via electronic device, the newspaper reported. Duval County unlawful sex with a minor is a second-degree felony punishable by up to 15 years in prison, and the charge related to the nude photos is a third-degree felony with a maximum penalty of five years in state prison. Equally important is that both Jacksonville Sex Crimes charges would have required the man to register as a sexual offender for the rest of his life.

The defendant ended up pleading guilty instead this month to a child neglect charge and the misdemeanor charge of contributing to the delinquency of a minor. Child neglect in Jacksonville is a felony, but the man is having his adjudication withheld, which means if he meets conditions of his three-year probation and follows all of the rules, the conviction will not be on his record. Avoiding a conviction or plea to a Jacksonville Sex Crimes Case is extremely important, especially with a defendant who is 25 years old. A Jacksonville Sex Crime can stick with a person forever. As a registered sex offender, a person has to check in with police at least twice a year – depending on the severity of his or her crime. The most publicly humiliating piece is that every time a sex offender moves houses or apartments, he or she must tell police. Police then notify nearby neighbors that a sex offender has moved in, and include the name of the person, where he or she now lives and the description of the Jacksonville Sex Crime that has made the person a sex offender. That makes it difficult for a person to move on with his or her life. Now there are certainly sex offenders that the public should be aware of. But does that need to apply under no uncertain terms for a 25-year-old man having sex with a 17-year-old?

Jacksonville Sex Crimes have lasting consequences. Our Jacksonville Sex Crimes Attorney knows the ins and outs of what registering as a sex offender entails, so she can advise you or your loved one about the options in a case and you can decide if the conditions are worth trying to negotiate or if a trial is the best move.

Police arrested a St. Johns County man on 20 counts of possession of child pornography, following a months-long online investigation. The man was arrested after police served a warrant at his home, according to a report in the Florida Times-Union. He remained in jail on a more than $200,000 bond awaiting trial, the newspaper reported. The man faces 20 counts of possession of child pornography. The charge is a third-degree felony punishable by up to five years in state prison. So, if a judge choses to run the sentences consecutively, which he or she technically can, the man would be looking at up 100 years in prison in this St. Johns County Sex Crimes Case. Police also found drugs in the house and charged the man with possession of less than 20 grams of marijuana, a first-degree misdemeanor.

The drug charge, obviously, is the least of worries for the 29-year-old defendant. St. Johns County Sex Crimes are serious charges and have lifelong consequences for people who are convicted or plead guilty to the charges. If he is convicted or pleads guilty to any or all of the child pornography charges, he will be required to register as a sexual offender. In terms of lasting impact, St. Johns County Sex Crimes stick with someone publicly even more than someone convicted of murder. If a person is required to register as a sexual offender, they must check in with police at least twice a year. The more public piece comes in when the person moves to a different home or apartment. When that happens, neighbors in a small radius are all notified that a sexual offender has moved into the neighborhood. The notice includes the person’s name and a description of the crime that made the person register as a sexual offender. There are also restrictions, depending on the St. Johns County Sex Crime the person was convicted of or pleaded guilty to, that govern where the person can live – including distance from a school, playground or other places children congregate.

Police seized a computer when they executed the search warrant last month, the newspaper reported, which could put the defendant in a difficult position. In some St. Johns County Sex Crimes Cases, it is the word of the defendant against that of the alleged victim. In this case, however, the crime is having the images. Period. And if the state can prove that it was indeed the defendant who accessed or obtained the images, prosecutors have what they need. Our St. Johns County Sex Crimes Attorney has represented hundreds of defendants charges with sex crimes and knows all of the ramifications of having to register as a sexual offender and can advise you or your loved one of the consequences so you can make an informed decision on how to proceed with the case.

Nassau County police took to social media to pose as johns in a prostitution sting that led to 10 arrests. The detectives arranged meetings thorough a website and the women agreed to exchange sex for money, according to a report in the Florida Times-Union. Not all of the arrests are of women and, in some cases, men acting as the female defendants’ pimps were busted for setting up the deal. All were charged with offering for prostitution, the newspaper reported.

The crime is a second-degree misdemeanor, punishable by up to six months in the county jail, assuming it is the defendant’s first prostitution conviction. In these Nassau County Sex Crimes Cases, the severity of the charges is on a sliding scale depending on the person’s record on these specific crimes. For example, a first offense is a first-degree misdemeanor. A second offense becomes a first-degree misdemeanor and the maximum jail time climbs to one year in the county jail. After two convictions, the case is elevated to a third-degree felony. The maximum punishment in that case is now five years in prison. Keep in mind these escalating charges only apply on conviction or guilty pleas – not simply arrests.

As is the case in many prostitution stings, two of the 10 arrested were caught on other charges. One was arrested on an arson warrant out of Clay County and another was charged with possession of cocaine. People sometimes have drugs on them for an encounter such as this, and can end up picking up more serious charges than they would have for the act they were arrested for. And though offering for position and soliciting for prostitution are both Jacksonville Sex Crimes, neither rises to the level that it would force the defendant to register as a sexual offender. Registration is reserved for more serious charges, such as rape, kidnapping and lewd and lascivious conduct. Soliciting for prostitution can often be tricky for the state, but police in Nassau County and other local counties have been making sure in these stings that money does indeed change hands. Once that has occurred, usually the takedown team is called in and the either the john or the woman are arrested. The digital discussion on social media is also of value to police because there is a complete record of the conversation that can then be used to show the intent of the meeting. Outside of the transcript, the discussion between the detective and either the john or the prostitution is usually also recorded, specifically to show intent and to be played if the case does end up going to trial. Our Nassau County Criminal Defense Attorney handles a variety of sex crimes cases, from relatively minor cases such as these misdemeanor cases, on up to capital sexual battery which is punishable by life in prison.

Police arrested an Army recruiter accused of arranging for a high school student to sneak out of her parents’ house and come to his hotel room to have sex. The man, 34, was arrested two days later, according to a report in the Florida Times-Union. The man was often inside Clay High School for his job as an Army recruiter and he was seen talking with the student in question several times, the newspaper reported. There are varying degrees of Clay County Sex Crimes that prosecutors can charge in cases of adults having sex with minors. The variables that determine the severity of the charge are quite simple: the age of the adult and the age of the minor. There are other factors, including whether the adult is in a position of authority, but the main driver in these cases is age.

If a person is 24 years of age or older and has sex with someone who is 16 or 17, the adult in the case can be charged with a second-degree felony. The charge, unlawful sex with a minor, carries a maximum penalty of up to 15 years in state prison. That is what the recruiter is now facing in this Clay County Sex Crimes Case. In Clay County Sex Crimes Cases such as this one, consent doesn’t matter. Whether or not the teen wanted to have sex or even initiated the encounter does not matter. If the two had sex and it can be proven, then the state likely has what it needs to prove the case beyond a reasonable doubt. There is the issue of whether the recruiter knew the alleged victim was underage, which could play a role.

But if the man is either convicted or pleads guilty in this Clay County Sex Crimes Case, he will be required to register as a sexual offender. This would force him to check in with police at least every six months and, every time he moves residencies, people living in the new neighborhood will receive notification that he is now living there, along with the crime he committed that made him a sex offender. Classification as a sexual offender also severely limits a person’s ability to be on school grounds and in places where children congregate. This could limit the man’s role as a recruiter and could force him to find another line of work – assuming the charge itself hasn’t led to his dismissal. Employers often work faster than the legal system and do not always wait for the charges to play out in court. Being classified as a sex offender can have serious consequences and our Clay County Sex Crimes Attorney can walk you or your loved one through those consequences so you understand the implications and can make an informed decision on how to proceed with the criminal case.

Jacksonville police announced the arrests of 12 men accused of setting up a potential sexual encounter with what they thought was a child they chatted with online. But when the men arrived, they were greeted instead by police and arrested, according to a report in the Florida Times-Union. Detectives were pretending to be boys or girls, either 13 or 14, depending on the scenario, the newspaper reported. Several police agencies were involved in the sting, a relatively common tool police use that was popularized by the NBC Dateline show “To Catch a Predator.” And despite the familiarity with the show and that police routinely conduct these investigations, police continue to make similar arrests in Jacksonville Sex Crimes Cases such as this one.

There are several potential Jacksonville Sex Crimes Charges that police and prosecutors use in these cases. One is using the internet to seduce or solicit a child. That charge is a third-degree felony, punishable by up to five years in state prison. Prosecutors can charge separately in this case, so each use of the internet, can be it’s own separate charge. So, for example, if there were three chat messages sent about setting up a time to get together and the defendant believes the person on the other end is a minor, the person could be charged with three counts. Another common charge for these Jacksonville Sex Crimes cases is traveling to meet a minor. That charge applies when someone travels within Florida or across state lines with the specific intent of meeting a child for sex. This Jacksonville Sex Crime is a second-degree felony with a maximum sentence of 15 years in state prison.

Pleading guilty to or being convicted of either charge would require the defendant to register as a sexual offender. In cases such as this were multiple people are caught in a sting on similar charges, usually a deal from the state won’t get any better than what the first pleads guilty to. Defendants want to get an idea of the time others are getting before they agree to a deal, but there can sometimes be a benefit to being the first one in. In a similar sting in St. Johns County in 2012, those who took their cases to trial ended up with significantly longer prison sentences. That can be the case, however, in any Jacksonville Criminal Defense case, not just those involving a sting and multiple defendants. Our Jacksonville Sex Crimes attorney has represented many clients who are among several defendants in a case, and will help you or your loved one understand the charges and let you decide how to proceed in the case.

An undercover prostitution investigation in Nassau County led to the arrests of three women this month and a fourth will be summoned to appear in court. Detectives said they contacted the women who were advertising their services on the internet and asked to meet them at a Nassau County motel, according to a report in the Florida Times-Union. Once the woman and the detective agreed to a deal where she would perform a sex act for money, the woman was arrested, the newspaper reported.

Police will periodically conduct these types of investigations that lead to Nassau County Sex Crimes charges. In some cases, police will run fake ads on sites like this and then arrest the men who come to the hotel thinking they are meeting a prostitute. In this Nassau County Sex Crimes investigation, though, the focus was on the women. Prostitution itself, if the defendant does not have a length history of the crime, does not have a severe penalty. But, in many of these Nassau County Sex Crimes cases, the women will have drugs or drug paraphernalia on them at the time of the arrest – or they have a warrant on a different charge. That was the case for two of the three women arrested in this recent sting, and police know that will likely be the case when they conduct these investigations. But, on its own, engaging in prostitution is a second-degree misdemeanor, punishable by a maximum of 60 days in county jail. That’s for a person’s first offense. If a person has been convicted of the crime or has pleaded guilty to the crime before, the next arrest is a first-degree misdemeanor, punishable by up to one year in the county jail. Once a person has two convictions, the crime becomes a felony and state prison comes into play. The charge becomes a third-degree felony, punishable by up to five years in state prison.

The important thing to remember in Nassau County Sex Crimes Cases such as this, or any crime where the misdemeanor or felony degree increased based on the defendant’s criminal record, is that arrests are not the same as convictions. If a person is arrested for prostitution and the charge is dismissed or the person is found not guilty at trial, neither would count against the defendant. So someone could have multiple arrests, but still only be facing the second-degree misdemeanor as if it was a first offense. That’s one reason why having a Nassau County Criminal Defense Attorney on board is critical. While the inclination can often be to plead guilty to a charge to get out of jail, it can cause long-term damage if a person is ever arrested again on a similar charge.

A Jacksonville man is in jail without a bond on a Jacksonville Sex Crimes charge after going to police headquarters to discuss accusations against him, then changing his mind and choosing not to speak with detectives. The 29-year-old man is now facing a first-degree felony charge of lewd and lascivious molestation of a child under the age of 12, according to a report in the Florida Times-Union. The charge is punishable by up to life in state prison.

The man told police he would answer questions about two incidents where a child said he touched her sexually, the newspaper reported. But when it came time to talk, the man changed his mind. Police felt they had enough evidence without his interview that he was immediately arrested on a Jacksonville Sex Crime charge. The suspect has every right to remain silent and not talk to police in this Duval County Sex Crimes case. As most people can recite from one crime show or another “Anything you say can and will be used against you in a court of law.” And that is 100 percent true. Time after time in Jacksonville Criminal Defense Trials, prosecutors will play a video of the suspect’s interview with police where the suspect either admits to the charges or is caught in some type of lie that deals a significant blow to the case. If you or a loved one is being questioned by police about involvement in a crime, it is always best to speak with a Jacksonville Criminal Defense Attorney first, if you plan to talk to police at all. At any time during questioning from police, you can ask for a lawyer and police must end the questioning right there. If you do call a Jacksonville Criminal Defense Attorney, that attorney can be there when you meet with police and can help prepare you for what police may ask.

While refusing to talk to police can have a long-term benefit in the state’s ability to prove the charges against you, it can cause some short-term pain. In this Jacksonville Sex Crimes Case, the state asked that no bond be offered to the defendant. The judge agreed, so the defendant will be sitting in jail until the case is resolved. That can make it difficult to remain silent, but not talking is almost always in the defendant’s best interest. It is human nature to try to explain yourself, especially to an authority figure like a police officer, but most defendants in Jacksonville Felony Crimes Cases do nothing but hurt themselves when they speak to police.