Sex Crimes

Sex Crimes

Sex crimes generally fall into one of (3) three (3) separate categories; Computer Solicitation; Computer Pornography, and alleged "hands on" sexual misconduct. Each of these areas are "hot button" issues, both in terms of the national dialogue, laws being enacted by individual States and the Federal Government, and the oftentimes draconian punishments which accompany convictions in all three (3) areas.

Not only does the convicted person suffer imprisonment, but the incarcerative portion of the sentence typically is followed by years, (even decades) of "sex offender" probation, and literal and figurative banishment from our culture.

Few realize that under Florida's "Jimmy Rice" act, a person who has been convicted, and then served his or her time in prison, may be categorized by the dedicated professionals at Florida's Department of Corrections as 'sexually dangerous', be subjected to a "civil" (pronounced 'Kangaroo Court' proceeding), and then committed to an institution for the rest of their natural lives.

Although these laws were found to be unconstitutional in the mid 1970's, ("medically disordered sex offenders"----or MDSO's), the latest versions have been found to be perfectly acceptable by our current Supreme Court, and seem to be destined to be the law of the land indefinitely.

Classification as a "sex offender", and being placed on sex offender probation, carries with it it's own set of horrific conditions, which if violated, even in some minor, technical fashion, can result in the probationer being summarily re-convicted and thrown back into prison on the flimsiest of evidence.

Those conditions include not living within 1500-2500 feet of any place where children might be expected to gather; yearly polygraphs, endless counselling, work restrictions, travel restrictions, the list goes on...

Anyone charged with any of these kinds of offenses must understand that unless they are acquitted, or the charges are reduced or dismissed, are looking at their lives being profoundly affected......FOREVER !

It is that serious. Successfully litigating these cases is extremely stressful, time-consuming and expensive. A team of specialists need be assembled to successfully defend these cases--- andanything less than an "all out", aggressive defense, effectively dooms the case to failure.

I. Computer Solicitation

As serious as mere possession or distibution of photos deemed inappropriate by the Florida Legislature, using one's computer to solicit a "child" for sexual activity is deemed many times more serious by Florida's laws. (See: Ch. 800.04,(7)(b) Fla. Stat. (2007). The typical sentence carries a maximum term of imprisonment of fifteen (15) years.

Here's the rub.

The "child" being "solicited" does not have to be a "real" child. In fact, most prosecutions are not directed at true sex offenders, but rather at citizens who may be fantasizing, or merely "chatting" on line with "undercover" children, who in fact are seasoned and experienced police detectives, who are well trained at 'luring' otherwise innocent, fair-minded people into compromising situations.

No sane person seeks to protect true sexual predators-----but arresting, aggressively prosecuting, and imprisoning innocent citizens is not what the law was designed to accomplish.

To thwart one of these prosecutions requires a professional team approach involving technology consultants, investigators, and Board Certified Criminal Trial Lawyers who have years of experience in defending these highly specialized criminal matters. Board Certified Criminal Trial Lawyer specialist Jay Kirschner is unsurpassed in its dedicated, aggressive defense of these cases.

II. Computer Pornography

In Florida, it is a serious violation of State Law to have in one's possession, digital images deemed "inappropriate" by the Florida Legislature. Unlike "Computer Solicitation", which is addressed in another 'practice area' described on this site, the mere possession of these materials (even a single photograph) can lead to a court, upon conviction, sentencing a defendant to five (5) years in the Department of Corrections. (prison)

What many citizens are unaware of is that their computer systems, especially those utilizing Microsoft Operating Systems, automatically copy and store, in multiple locations within the system, copies of photographs simply viewed by an unsuspecting user 'surfing' internet websites.

Even more surprising, the unsuspecting surfer may be sent unsolicited material, which likewise is stored and maintained as part of the computer's basic design, without any attempt by the user to 'seek out' or find illegal photographs. Law Enforcement has sophisticated forensic software at their disposal which can actually reconstruct digital photograph files that the user, after viewing or downloading, has 'erased' or 'deleted'.

Additionally, Law Enforcement is actively investigating, ferreting out, and arresting citizens for these crimes on both the State and Federal levels. Local Law Enforcement Agencies align with Custom's agents, county authorities, and State agencies form task forces (most notably "L.E.A.C.H.") to proactively seek out and arrest violators of the law. If you would like to see the law, (and how broadly it is written), check out Ch. 847.0135, Fla. Stat. (2007).

The most important item to remember is that these cases ARE DEFENSIBLE, on both legal and technological bases, and our firm has board certified criminal trial, Martindale-Hubbell AV rated personnel who have handled, and in many cases won, scores of these cases. Board Certified Criminal Trial Lawyer specialist Jay Kirschner has been handling these matters since the mid to late 1990's, when the prosecutions first began.

III. "Hands-on Allgations"

Theses kinds of claims can be the most serious, and comparatively the "easiest" of the allegations, to prove. Current case authority provides that a bald "allegation", i.e., a complaining witness merely stating that he/she has been abused, is sufficient to get the matter beyond a motion to dismiss, and into the hands of a jury. No physical evidence is necessary. (Fingerprints; bruising; tearing; DNA; eyewitnesses, etc.).

The scientific community has made tremendous strides in the last 10 to 15 years in the "science of false allegations, " which can be made by children, adolescents, and adults for a vast array of rationales. Divorce custody matters, relationship issues (jealousy, finances, infidelity, etc.) all can play a part in the germination of these claims.

And the sex offender penalties described above apply to these claimed crimes as well.

A conviction will change your life forever. Don't chance it with anyone who has not handled these matters artfully, intuitively, cleverly, repetitively, and over a protracted period of time. Your life depends on it.

CALL TODAY AT (772) 489.8501

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