Articles Posted in Sex Crimes

The size of a criminal jury can affect how a case is tried, yet Florida law generally assigns six jurors to noncapital charges. A recent Florida decision tested that rule after a sexual battery conviction, asking whether a six-person jury violated constitutional protections. Thecourt affirmed under existing precedent while noting that the United States Supreme Court had agreed to review the broader question in another case. If you are faced with a sex crime charge, a Tampa sex crime defense attorney can explain current jury rules and preserve appropriate issues for review.

Facts and Procedural History

Allegedly, the State prosecuted the defendant for sexual battery in a Florida circuit court. Because the charge was noncapital, the court used a six-person jury under a state statute that reserves 12-person juries for capital cases.

Reportedly, the jury found the defendant guilty following trial. The trial court entered judgment and imposed a 12-year prison sentence. During trial, the judge also excluded certain defense testimony. Continue Reading ›

Plea agreements play a central role in the criminal justice system, as they can often resolve serious charges without trial. However, disputes sometimes arise when a defendant seeks to undo a plea after appellate proceedings alter part of the case, such as a sentence. A recent Florida decision addressed a sex crime case, which addressed whether a defendant may withdraw a plea for good cause after a sentence is vacated on appeal, but before resentencing. If you are charged with a sex offense, it is smart to consult a knowledgeable Tampa criminal defense attorney to evaluate your legal options.

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Child sexual offense cases often hinge on evidentiary decisions that determine what the jury hears and how the State proves its allegations. Among the most consequential of these decisions is whether a court may admit a child’s out-of-court statements years later, long after the child has reached adulthood. A recent ruling from a Florida court demonstrates how courts interpret the child hearsay statute and resolve disputes about witness age, reliability, and statutory purpose in high-stakes retrials involving serious sexual offenses. If you are charged with a sex crime, you should consult a Tampa sex crime defense attorney who understands how to protect your rights.

Case Setting

Allegedly, the defendant was charged with multiple sex offenses involving his neighbor’s three daughters, who were between eight and eleven years old when the abuse occurred. The State filed a notice of intent to introduce child hearsay statements for each victim under section 90.803(23) of the Florida Evidence Code.

Reportedly, the trial court conducted the required hearing to determine the reliability of the statements. The court found that the time, content, and circumstances of the statements provided adequate safeguards of reliability and concluded that the out-of-court statements were trustworthy and admissible. Continue Reading ›

Post-conviction challenges in federal criminal cases are often complex and narrowly limited. Many defendants believe they can revisit issues already decided at trial or on direct appeal, but federal courts apply strict standards to such requests. A recent decision from a court in Florida illustrates how difficult it is to reopen a final judgment under Rule 60(b)(6) of the Federal Rules of Civil Procedure. If you have been convicted of a federal offense and are considering an appeal or post-conviction motion, a skilled Tampa federal criminal defense attorney can evaluate your options and help you protect your rights.

Case Setting

It is reported that the petitioner was indicted on a single count of possession of child pornography, involving images and videos stored on a Sandisk USB flash drive, in violation of 18 U.S.C. § 2252(a)(4)(B) and (b)(2). Prosecutors offered a plea agreement that required the petitioner to plead guilty and acknowledge a ten-year minimum sentence based on a prior conviction for the same offense. In return, the government agreed to recommend a reduction for acceptance of responsibility.

Facing federal charges for sex trafficking or the enticement of minors is one of the most serious legal challenges a defendant can encounter. In order to obtain convictions for such crimes, the government must prove each element of the charged offense. If it fails to do so, there may be grounds for challenging a conviction, but as demonstrated in a recent Florida opinion, establishing that a conviction should be overturned can be difficult. If you are accused of a sex crime, it is essential to speak to a Tampa sex crime defense attorney about what you can do to protect your rights and future.

Case Background

It is reported that in early 2022, federal agents posted fake advertisements on a website known for sex trafficking. The defendant allegedly responded to one of these ads, seeking what he described as a “unique experience” with young girls. Over a series of text messages and calls, federal agents posing as traffickers informed the defendant that the two girls available were fifteen and thirteen years old. The defendant reportedly did not object to their ages and instead negotiated additional “services” for which he agreed to pay more money.

It is alleged that the defendant ultimately agreed to pay $550 in exchange for access to the minors and the extra services. He purportedly withdrew the cash from a bank and traveled to a hotel in Florida, where he met with an undercover agent. During this meeting, the defendant was again told that the girls were minors, but he nonetheless exchanged money for a room key. Federal agents arrested him in the hotel parking lot shortly thereafter. A grand jury indicted him on two counts of attempted sex trafficking of a minor and one count of attempted coercion and enticement of a minor to engage in sexual activity. Continue Reading ›

In Florida criminal trials, multiple charges may be joined in a single case only if they are sufficiently related in time, place, or circumstance. When charges are improperly joined, it can result in unfair prejudice that undermines a defendant’s right to a fair trial. A recent decision from a Florida court the limits of joinder in a sex offense prosecution involving both molestation and possession of child sexual abuse material, and emphasizes that separate and unrelated charges cannot be tried together merely because they involve similar subject matter. If you are charged with multiple criminal offenses, a Tampa criminal defense attorney can advise you on whether a motion to sever may be appropriate to protect your rights.

Procedural History and Factual Background

It is reported that the defendant was charged in a 64-count amended information, including one count of lewd or lascivious molestation of his daughter, several counts of promoting sexual performance of a child, and dozens of counts of possession of child sexual abuse material. The molestation and promotion counts arose from alleged contact with a specific victim, while the possession counts were based on digital images stored on electronic devices found at the defendant’s home. The charges were tried together, and the defendant was convicted on all counts. He was sentenced to life in prison for the molestation count and received concurrent terms on the remaining offenses. The judgment and sentence were affirmed on direct appeal.

It is alleged that the defendant later challenged the propriety of the trial court’s decision to allow all 64 charges to be tried in a single proceeding. He contended that the charges stemmed from different acts and circumstances and should not have been joined under Florida Rule of Criminal Procedure 3.150. He argued that joining the molestation charges involving a known victim with the unrelated possession charges involving unidentified minors created undue prejudice and improperly influenced the jury’s verdict.

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In serious criminal cases, especially those involving potential capital offenses, the size and composition of the jury can raise important constitutional and statutory questions. Florida law historically permits six-person juries for most felony trials, but capital cases require twelve-person juries under both statutes and procedural rules. In a recent Florida sex crime case in which the defendant challenged the use of a six-person jury the court discussed what steps defendants must take to preserve their right to challenge jury decisions. If you are charged with a serious felony in Florida, a skilled Tampa criminal defense attorney can help you understand your trial rights and advocate on your behalf throughout the legal process.

Case History

It is reported that the defendant was charged with a series of serious sexual offenses that allegedly took place between 2007 and 2019. The charges included multiple counts of sexual battery on a child under the age of twelve, sexual battery on a child between the ages of twelve and eighteen by a person in familial or custodial authority, and lewd or lascivious molestation. The alleged victim was the defendant’s daughter, who testified that the abuse began when she was five years old.

It is alleged that the case proceeded to trial before a six-person jury, consistent with Florida practice for non-capital felonies. The defendant did not object to the jury size or request a twelve-person jury. The jury convicted the defendant on nearly all counts, and the court imposed multiple life sentences without the possibility of parole.

It is further reported that on appeal, the defendant raised two main arguments. First, he argued that his convictions for certain counts violated the constitutional prohibition on ex post facto laws, as he was charged under a statutory definition of sexual battery that was amended after the alleged offenses occurred. Second, he argued that he was entitled to a twelve-person jury under Florida law and the United States Constitution because he was charged with capital felonies. Continue Reading ›