Florida Criminal Lawyer Blog

The Florida Attorney General’s Office has been conducting a statewide crackdown on child sex crimes perpetrated using the internet, says Broward criminal attorney William Moore. Called “Operation Orange Tree” by officials investigating the alleged criminal activity, the investigators rounded-up dozens of accused offenders on Tuesday. In an announcement in Tallahassee, with John Walsh present to show his support for the crackdown, the state government announced that it had apprehended and arrested 77 people suspected of engaging in illegal activity related to child sexual abuse and the internet. Of those, 17 allegedly had video guides to molesting children without getting caught in their possession, and four were already listed as registered sex offenders. All of the suspects who have been arrested are men. Several victims have been located, including a teenaged girl who has told police about her sexual abuse over the past decade. Operation Orange Tree took place over the last ten weeks, said Attorney General Bill McCollum.

Five of those arrested are in Broward, Palm Beach, and Miami-Dade Counties, says Broward criminal lawyer Moore. Miami-Dade resident Michael Sandoval, 35, has been charged as a result of the investigative operation, as have Samuel S. Jones, 42, of Broward County, and Eric Colin Super, 31, and Timothy J. Eliot, 21, both of Palm Beach County. All have been charged with at least one count of possession of obscene material. The nature of the materials and whether they depicted children is not yet clear.

John Walsh has been publicly involved in this venture due to his fame and because of his personal interest: his son Adam was kidnapped from a south Florida shopping center in July 1981, when the six-year-old was shopping with his mother. Part of his body was later located in an area canal, 120 miles north of the initial abduction. John Walsh is famously the host of the television show America’s Most Wanted, a television crime show that has been running for 22 years. Walsh and his wife co-founded the National Center for Missing and Exploited Children; both have been longtime advocates for children and safety. Serial killer Ottis Toole is believed to have been Adam Walsh’s killer, according to the Hollywood Police Department, which closed his case in December 2008. Toole died in prison of cirrhosis, a liver condition, in 1996 at the age of 49, but he had confessed and later recanted to Adam’s murder while he was alive.

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Broward criminal lawyer William Moore believes that sex crimes are among the most difficult – both to sufficiently prove and to defend against. While that may seem like a contradiction, sex crimes are particularly difficult cases for prosecutors and criminal defense attorneys alike. On one hand, the state attorney’s burden of proving a crime beyond a reasonable doubt is difficult in most scenarios: frequently, the only person who can provide testimony pertaining to the actual crime is the victim. This is a problem that prosecutors also often face with domestic violence cases – there is a “he said, she said” element. Although judges and juries are free to weight the credibility of testimony, a single person’s account of events is difficult to rely upon alone to send a person to prison without corroborating evidence.

The strongest prosecutorial cases are those which have additional evidence beyond the victim’s (or victim’s parents’) and a police officer’s testimony in court. The testimony of wholly unbiased witnesses who can corroborate portions of the victim’s account will make the overall story significantly more reliable. For example, if the victim testifies that she was pushed against her will into a classroom at a university, where she was then sexually assaulted, the victim’s description of events becomes more believable if a professor saw her on the same floor either before or after the alleged assault. Likewise, physical evidence, especially DNA, is an extremely powerful tool for a prosecutor to use – when available – the meet the state’s burden of proof. Another factor that makes sex offenses more difficult to prove is the fact that when they occur, they are often not reported until later, perhaps weeks or months. This delay hampers the investigation by law enforcement and their efforts to gather evidence.

From the perspective of a criminal defense lawyer, a sex crime accusation – especially for crimes involving children – may taint a defendant’s credibility in the eyes of a jury, despite their best efforts to remain unbiased. The heinousness of a sex crime can leave a jury looking for someone to blame and it is important that they are instructed carefully about the state’s burden. The consequences of a wrongful conviction for a sex crime are far-reaching and include placement on the Florida sex offender registry. For those individuals whose past actions meets certain standards, such as the propensity to prey on children, they will be labeled sexual predators and remain on the list permanent. For others, they will like spend a minimum of 25 years on the registry, even if they never commit another crime again.

Continue reading "Sex Offenders, Sexual Predators, and Broward County" »

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Michelle Braun, 31, is reportedly nearing a plea deal for the federal charges of money laundering and transporting a person across state lines for the purposes of prostitution, Broward criminal lawyer William Moore has learned. Braun is accused of working as a “madam,” running a high-profit, high-profile escort service in California. Throughout, Braun apparently resided in south Florida. Fort Lauderdale criminal attorney Moore says that she has had hundreds of thousands of dollars seized by the government at this point in time, although federal prosecutors believed she earned millions during her tenure with her business Nici’s Girls.

Nici’s Girls was featured in prominent publications, including Rolling Stone magazine. Many of the escorts who worked for the business were models or women who worked in the porn industry. Broward criminal defense attorney Moore says it is not surprising that her client list, which the government found by seizing two cell phones and Braun’s laptop computer, includes Hollywood stars and famous athletes. Braun is originally from Bakersfield, California, but has apparently resided in Florida for several years.

Braun has faced several unrelated criminal charges in Florida in the past. In 2004, she was arrested for animal cruelty after locking a dog in her vehicle at the Boca Town Centre mall. The dog, which became ill due to the heat, eventually recovered. The following year, she was charged with failing to appear in court. In 2007, she was charged with possession of cocaine and drug paraphernalia. The drug charges were dropped last month.

As part of the plea deal Braun is expected to enter into later this month, she will be sentenced to five years of probation, with six months of house arrest. She will also be fined $30,000 and have to cooperated with the Federal Bureau of Investigation and the Internal Revenue Service. Currently, Braun shares custody of her two children, ages six and eight years old, with her former husband. The couple divorced in Broward County in 2006.

The charges against Braun have prompted media comparisons to Heidi Fleiss. Fleiss, sometimes known as the Hollywood Madam, served nearly two years in prison for tax evasion after law enforcement officials unraveled her prostitution ring. Fleiss has since become a successful businesswoman.

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An experienced Broward criminal attorney handles all kinds of criminal defense, including crimes that spark tremendous outrage. Broward criminal defense lawyer believes that every criminal defendant deserves to make his best defense. The community outrage may stem from the viciousness of the crime or the vulnerability of the victim. A Delray Beach attack a few days ago has the Palm Beach community up in arms for both reasons.

According to the South Florida Sun Sentinel, a young pregnant woman was attacked in Delray Beach on January 19. Police have indicated that the girl, who is 17 years old and was eight months pregnant at the time, was walking on the sidewalk of Southeast 7th Street in Delray Beach. At about 8:20 in the evening, a man she did not know walked up, approaching from behind the girl.

The man grabbed the girl’s arm, yanking her roughly into nearby bushes. The girl resisted, but the man threatened to become more violent. The girl cooperated with the man’s demands because she was afraid for her own safety and the well-being of her child.

Immediately following the Palm Beach County attack, the pregnant teen called the Delray Beach police. Law enforcement officials quickly identified Steven A. Weaver, who is a 35-year-old resident of Cleveland, Ohio, as the prime suspect. The victim identified Weaver from a line-up of photographs the day following the attack.

Weaver returned to Cleveland on January 20, the day after the sexual assault. Delray Beach issued a warrant for his arrest on January 31 and he was taken into custody by Cleveland police officers. Local law enforcement officers traveled to Cleveland to interview Weaver and escort him back to Florida. Weaver reportedly confessed to sexually assaulting the girl and indicated that he came to Palm Beach County on vacation, “to get away.” He has been charged with robbery as well as sexual battery and remains in custody.

The attack took place on the 100 block of Southeast 7th Street, shown on a map below:

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A sex crime conviction has long-term consequences. The state requires individuals who have been convicted of sexual battery to register as sex offenders. The felony conviction also results in the loss of the right to vote and to possess a firearm. If you have been accused of a sex offense, contact Broward criminal defense attorney William Moore as soon as possible to discuss your rights.

Continue reading "Palm Beach Criminal Lawyer – Sex Crime in Delray Beach" »

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Broward criminal attorney William Moore represents clients accused of sex crimes and urges anyone arrested for a sex crime in the Miami-Dade/Broward/Palm Beach area to contact him as soon as possible following the arrest. Florida has tough sex crime laws, including the requirement that most people convicted of a sex crime register as sex offenders or sexual predators with the Florida Sex Offender Registry. A listing on the registry carries a lot of baggage, such as informing your new neighbors of your status when you move and limitations on where you can actually reside. Employment prospects diminish and sex offenders may be ostracized socially. In addition to sex offender registration, the felons are also frequently incarcerated for many years, sentenced to long periods of probation, can never have a firearm again, and attend court-mandated therapy. Despite that, the Florida legislature decided a decade ago that these punishments were not enough and enacted the Jimmy Ryce Act, a move that Broward criminal defense attorney William Moore believes was fueled by fear concerning offender re-entry and re-integration into society.

The Jimmy Ryce Act, also known by its official title The Involuntary Civil Commitment for Sexually Violent Predators' Treatment And Care Act, was enacted in 1997 and implemented early the following year. The act allows state attorneys and other officials to evaluate sex offenders upon their release from incarceration to determine if they are particularly likely to commit more sex crimes. Unfortunately, predicting the future has always been an imprecise science, but that has not stopped the provisions of the Jimmy Ryce Act from playing out. If the state officials determine that the convict, who will already be a sex offender or sexual predator required to register, and who has already served all of his criminal punishment, is likely to commit another sex crime, they will move to have him civilly committed.

In these instances, the offender often loses the battle to avoid commitment, landing in the treatment facility in Arcadia, Florida. The center is privately run and has changed hands recently on account of the utter failure of the system. The offenders receive only about five hours of treatment per week and in its brief history, the prison turned treatment facility has already had a disaster involving an escape and a protest by the former inmates that necessitated hundreds of police officers to control. The Florida facility also had a murder on site, another blemish in its short history. The 2007 New York Times exposé of the facility showed a mismanaged site full of drunken convicts who had sex with one another and with female employees. One employee even commented to that reporter that they did not mind the rule-breaking, because “[a]s long as they are happy, we let them go.”

The cesspool in Arcadia is fails to provide adequate treatment. Even worse, it is primarily a means to lock up people who have already paid their dues to society by serving out their time in prison. Worst of all, the facility completely lacks a program designed to reintegrate its residents into their homes in Broward County or elsewhere – and it is difficult to get out once you have been put it in. Broward criminal defense lawyer William Moore believes Florida should undertake serious reforms to its civil commitment system for felons convicted of sex crimes.

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A Fort Lauderdale newspaper has reported that a former Lantana, Florida high school drama instructor has accepted a plea deal negotiated by his Fort Lauderdale criminal defense lawyer. Andrew Foster, 28, was a teacher at Santaluces High School when he began dating and having sex with two of his students, one of whom became pregnant as a result. Foster took the girl to obtain an abortion. She reported their activities to police when she was devastated by the discovery that he was engaged in an ongoing sexual relationship with another student. The teen had thought she and her teacher were exclusive couple planning to spend their lives together. Foster was later arrested and charged with two counts of unlawful sexual activity with a minor in Palm Beach County.

Foster’s criminal defense attorney indicated that the second young woman wanted to remain in contact with her former teacher. She testified on Foster’s behalf, telling the court that since she is now an 18-year-old adult, she would like to be allowed to remain in contact with Foster during his prison term. The woman, who is now a college student, told the court that she was not harmed by her relationship with Foster. The court ruled that while the teen may write to Foster, he is not allowed to contact her at all, even in response to any letters she sends. Circuit Judge Lucy Chernow Brown told Foster he is not to communicate with the victim through “skywriting [or]…any way that can be conceivably imagined.”

Under the terms of the plea deal negotiated by the prosecutors and criminal defense lawyers in the case, Foster will spend a total of five years incarcerated. Following his release, he will remain on sex offender probation for another decade following his release. Foster will also be required to submit to lie detector tests and HIV testing, in addition to the restrictions placed on all sex offenders with regard to where he may reside or find employment.

In Florida, unlawful sexual activity with a minor is a sex act between a child aged 16 or 17 and an adult 24 years of age or older. It is a second degree felony, punishable by up to 15 years in prison and/or a fine of up to $10,000 for each count. Foster’s plea deal allows him to spend only five years in prison, with the 414 days he had served while awaiting sentencing counting towards the total.

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Florida Criminal Defense Attorney William Moore handles all types of sex crimes. If you have any questions about a specific criminal charge please call our law office.

Breaking News
"Exposure in Hillsborough County"

In two separate incidents Monday, September 01, 2008, two different men were arrested after exposing themselves.

At about 7:00 p.m. Sunday night, Raymond Leroy James, who is registered as a sexual offender, was arrested for exposing himself to two girls. The girls are 8 and 10 years old. Allegedly, James exposed himself and performed sexual acts on himself in front of the girls, then gave the older girl a piece of paper that had his phone number on it. When the girls told adults in their homes, several of them chased and held James until the sheriff’s deputies arrived on the scene. James remains in Faulkenburg Road Jail on one count of exposure of sexual organs ($500 bond), one count of lewd and lascivious exhibition ($7,500 bond) and one count lewd and lascivious exhibition (parole violation).

The other arrest happened three hours later at Bobalouie’s Bar.

Shedrick Reshord Jenrette, 30, was arrested for exposing himself and performing sexual acts on himself in front of customers and employees. Jenrette, charged with one count of exposure of sexual organs, is being held at Orient Road Jail on a $500 bond.

Both men denied any wrongdoing.

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Defense Attorneys in South Florida understand all too well the devastating effect that a conviction for a sex crime can have on an individual. In the following case, Judges agreed that such a label might ruin the lives of a few boys who were accused of just that almost one year ago.

Was the following sentence lenient?

BOCA RATON, September 3, 2008 - An alcohol-laden sexual assault on two girls on New Year’s day has four of six teenagers pleading to lesser charges that do not fall under the Sex Crimes statutes. Ryan Lafferty, Blake Carter (both 14), Alex Perriello, 16, and Eduardo Otaegui, 18 all pleaded to felony battery instead of sexual battery on a helpless person and lewd and lascivious battery.

The teenagers will also receive five years of probation. The first year will be spent on house arrest. These boys got lucky, as the judge agreed to withhold adjudication if they complete the probation. That means their record may be eligible for sealing at a later date.

They must also complete a substance abuse and psycho-sexual evaluation and any other treatment recommended by psychological evaluators. They are also subject to drug and alcohol tests and are prohibited from using any kind of narcotics or drinking alcohol. They may not have any unsupervised contact with girls younger than 18 years of age, but may participate in classroom activities, verbal greetings in class and the lunchroom. They will not be allowed to attend the same school as the girls they committed the assault on.

The two girls they abused were 14 and 15 years old.

One co-defendant – William Long, 19 – did not accept the plea agreement. The offer remains open until Monday.

There is a possibility that all parties involved know each other and that there has been other sexual contact between them.
http://www.crime-lawyers.com/lawyer-attorney-1504374.html

Continue reading "Palm Beach Criminal Attorney: Teenage Sex Crime and Alcohol" »

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