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After over two (2) years of vigorous litigation, rape charges were dismissed against R.L., in  Okeechobee County Case No.: 47 2010 CF 608.

“R.L.” was charged with sexual battery in December of 2010, by a woman whom he’d known for over nine (9) years.   The gist of the woman’s  claim was that RL had stormed into her apartment, and then, against her will, had taken sexual advantage of her.

She reported the claim immediately, and was taken to the hospital, where she had been examined by a Physician.  Law enforcement was on the scene immediately, and conducted what they claimed to be a “thorough” investigation, lasting several weeks.  At the conclusion of the investigation, they sought and obtained a warrant for the arrest of R.L.

In Florida, sexual battery is a 2nd degree Felony, punishable by a maximum term of imprisonment in State Prison of fifteen (15) years.  RL had no prior record.

The Office of the State Attorney, which is given the responsibility for investigating all warrants issued by Judges in Florida, and determining whether those charges can be proved beyond a reasonable doubt, affirmed the findings of the Okeechobee County Sheriff’s Department, and formally charged R.L. with Sexual Battery.

Following his arrest, R.L. promptly retained the law firm of Jonathan Jay Kirschner, Esq., & Associates, LLC, to represent him in the prosecution.

Fort Pierce Rape Defense Lawyer

Kirschner assembled his working “team” of professional associates, including a physican, a Ph.D. Psychologist, and a Licensed Private Investigator, in order to do the kind of investigating that presumptively, the Okeechobee County Sherrif’s Department failed to do.

Kirschner knew, by experience, that there is a direct and positive relationship between when a competent defense lawyer and support staff is assembled, and the ultimate results of the case.

The equation is a simple one:   The sooner competent Defense Counsel is brought on board, the better the results.

The investigator began work at once, meeting with the client and counsel to map out a strategy of not only interviewing witnesses that law enforcement relied upon, but other witnesses who had direct, peripheral, and indirect knowledge not only relating to the incident itself, but the history of the relationship between R.L. and his accuser, as well as her background and credibility.

The complaining witness insisted that R.L. had previously, approximately a week before the instant claim, attempted yet another sexual battery on the same Claimant.

That information turned out to be critical, as the investigative team was able to subpoena R.L.’s cell phone records, as well as the “ping” (fn 1)  records of the complaining witness,  (The complainant’s cell phone number was obtained from her during a grueling deposition.

R.L. claimed that between the first and second claimed ‘assaults’,  the complaining witness had attempted, on scores, if not hundreds of times, to reinitiate contact with R.L. by cellphone, and that he refused to answer the calls.

The subpoenaed records bore out the truthfulness of R.L.’s claims.   The complaining witness had attempted to contact R.L. on more than a hundred occasions in the weeks between the first and second claimed incidents.

Because the complaining witness had denied making these calls during her sworn deposition, the State of Florida, when confronted with the undeniable scientific proof that she in fact had made numerous attempts to contact R.L., (probably to the extent of violating Florida’s anti-stalking laws), elected to dismiss the prosecution.

All charges were dismissed on April 11, 2012.

A false claim of rape, which, if R.L. had been convicted, would have resulted in a major prison sentence, and a life-ruining Felony conviction, was uncovered for what it was—–nothing more the fantasy of a woman scorned.

The ‘teaching moment’ of RL’s case is that the sooner you can get competent, aggressive Defense counsel can be brought on board, the better the results.  If you even think that you might be the target of a law enforcement investigation, RETAIN COUNSEL IMMEDIATELY.   As RL discovered, surviving a criminal complaint is a stressful, expensive, and complicated process.  But ultimately, (and assuming you act quickly enough to protect yourself) you can and will prevail.


(fn 1)       A “ping” record illustrates when a cellphone is utilized to attempt a call, and the call is not completed, i.e., the receiving party is either unable, or elects not to, answer the call.

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