Jacksonville Criminal Defense Lawyer Blog

A few weeks ago a Fort Worth couple were arrested following a Prostitution Sting conducted by the local Florida Police. During the investigation it was discovered that the couple were running a Prostitution scheme from their apartment. According to reports, Miguel Miranda, 51, and Sandra Peralta, 35, was running a one pimp, one prostitution ring. The investigation ended when an undercover officer approached the man at his apartment and was offered "sex for $25." The woman was subsequently charged with prostitution, a violation of F.S. § 796.07, and the man is charged with living off the earnings of a prostitute.

In Florida the first time being convicted of prostitution will be a second-degree misdemeanor. A second-degree misdemeanor can carry a penalty of up to 60 days in jail and/or a fine not exceeding $500. Furthermore, a subsequent conviction is a first-degree misdemeanor which holds a fine not exceeding $1000 and up to 1 year in jail. These are severe penalties for what some may call a "victimless" crime. Also, the one who purchases the services of a prostitute are subject to the same charges and penalties.

Police reports are not always completely accurate and/or they might misconstrue a situation. That is why the advice and counsel of a Jacksonville Criminal Defense Lawyer could prove to be invaluable. They will be able to evaluate your case and make a proper determination as to the best procedure in moving forward. Therefore, if you or a loved one are facing a Jacksonville Criminal charge, contact a Jacksonville Criminal Defense Lawyer to discuss your case and to make sure you and your rights are being protected.

In Jacksonville, Florida, James Steel was convicted of sexual battery. He was already convicted of Jacksonville sexual battery in March of 2011. In that Jacksonville criminal case, he was sentence to 30 years in Florida State Prison. Today, he was convicted again of sexual battery in Jacksonville. He will be sentenced at a later date. He has been accused of six other rapes in the Arlington area. Thus, he has been named the Arlington Serial Rapist. Although he was sentenced to 30 years and faces a similar sentence on the recent conviction, Jacksonville prosecutors may seek additional convictions and sentences to ensure that the convictions are not overturned on appeal.

On July 15, 2010, Nicholas Highsmith, a Clay County resident, was arrested for the battery, rape, robbery, and attempted murder of a woman in Jacksonville Beach, Florida. He was tried this week on all four charges. The jury returned a not guilty verdict as to the rape and attempted murder charges. However, he was found guilty of theft and aggravated battery. While Mr. Highsmith still may be sentenced to Florida State Prison, the outcome of his case should still be considered a victory. If Mr. Highsmith would have been convicted of all the Jacksonville felony charges, he could have been sentenced to Life in prison. He still needs to prepare for a sentencing hearing in order to mitigate his sentence in this Jacksonville Criminal Case.

Today, I argued in favor of a Jacksonville Petition to Expunge a Sexual Battery Record. Originally, I filed the Petition asking the court to expunge my client's Jacksonville record. He was charged with sexual battery and the charge was dropped. Without a hearing on the matter, the Duval County Circuit Court judge denied the petition. Therefore, I set the matter for a full hearing.

At the hearing, the State Attorney argued that the reason the Jacksonville Sexual Battery Record should not be expunged was due to the fact that the State Attorney may want to use the record against the client in the future if another charge arises. However, the Florida First District Court of Appeals has ruled that this is not a valid reason to deny a petition to expunge (VDF v. State, 19 So. 3d 1172, 1175 (Fla. 1st DCA 2009). I presented this case and other Florida cases like it to the judge. The judge followed the law and granted the Jacksonville Petition to Expunge the Criminal Record.

Florida Statute Section 943.0585 clearly states "that it "does not confer any right to the expunction of any criminal history record, and any request for expunction of a criminal history record may be denied at the sole discretion of the court." VDF v. State, 19 So. 3d 1172, 1174 - 75 (Fla. 2009) (citing Wells v. State, 807 So. 2d 206, 207 n.2 (Fla. 5th DCA 2002). If "a petitioner has satisfied all of the statutory requirements, section 943.0585 gives the trial court the discretion to deny expunction . . . 'if there is a good reason for denial based on the facts and circumstances of the individual case.'" VDF,19 So. 3d at 1175.

In VDF, a Jacksonville criminal defendant petitioned to have his record expunged. The trial court denied his petition and sealed the record instead. The trial judge "determined 'based on the totality' of what had been presented at the hearing that the records would be sealed, but not expunged, so that it could be determined at some later time whether it would be appropriate for law enforcement to have access to the records." The Jacksonville criminal defendant appealed. The appellate court reversed the trial court's decision ruling that "denial of VFD's petition on grounds that the re-cords, if not expunged, might--for reasons applicable in any case--prove useful in the future falls short of the exercise of discretion that the statute requires."

See Jacksonville Lawyer Gets Court Order Expunging Sexual Battery Record.

As a Jacksonville Criminal Defense Attorney, I have represented people that were falsely accused of crimes. Among other things, this will severely damage a person's reputation and will cost the defendant more than just money. Jacksonville Sex Crimes, including Jacksonville Sexual Battery, are one of the worse offenses that a person can be charged with. In some cases, a police officer (or person in a similar position) will be accused of Jacksonville Sexual Battery. However, Florida Law provides a punishment such false accusation.

Florida Statute Section 794.011(10) states, "any person who falsely accuses any person listed in paragraph (4)(g) or other person in a position of control or authority as an agent or employee of government of violating paragraph (4)(g) is guilty of a felony of the third degree." The type of person listed in paragraph (4)(g) includes "a law enforcement officer, correctional officer, or correctional probation officer... or any other person in a position of control or authority in a probation, community control, controlled release, detention, custodial, or similar setting, and such officer, official, or person is acting in such a manner as to lead the victim to reasonably believe that the offender is in a position of control or authority as an agent or employee of government."

Duval County teacher and church counselor, Kristina Hartless, was arrest on December 10, 2010 in Jacksonville, Florida. She was arrested for three counts of sexual battery, a violation of Florida Statute Section 794.011(8)(c). Local media reports state that Ms. Hartless is accused of having sexual intercourse with a teenage boy that she tutored. Although Ms. Hartless was arrested for Jacksonville sexual battery, which is often referred to as statutory rape, the State Attorney's Office has not yet filed formal charges. Her bond was set at $50,000.

When it comes to Jacksonville Sex Crimes, it is important for a Jacksonville Sex Crimes Lawyer to conduct an early investigation. An investigation should include looking at the evidence and talking to witnesses in order to present any favorable evidence to the Duval County State Attorney's Office prior to the formal filing of charges.

In many Jacksonville rape cases, consent is valid defense. In Jacksonville sex cases, if both parties willingly enter into sexual intercourse, a rape cannot occur. However, consent is not always a defense. In some Jacksonville rape cases, consent does not matter. In cases of sexual battery by an adult on a minor, the consent of the minor does not matter. Therefore, consensual sex is not a defense to Jacksonville "Statutory Rape" charges. Florida Statute Section 794.011(8) specifically states that, without regard to the willingness or consent of the victim, which is not a defense to prosecution under this subsection, a person who is in a position of familial or custodial authority to a person less than 18 years of age and who:

1. solicits that person to engage in any act which would constitute sexual battery commits a felony of the third degree;
2. engages in any act with that person while the person is 12 years of age or older but less than 18 years of age which constitutes sexual battery commits a felony of the first degree; and
3. engages in any act with that person while the person is less than 12 years of age which constitutes sexual battery or in an attempt to commit sexual battery injures the sexual organs of such person commits a capital or life felony.

If you are charged with Jacksonville Sexual Battery, it is important to discuss this Sexual Battery law and and the facts of your case with a Jacksonville Sexual Battery Lawyer. Contact Cynthia Veintemillas via email or telephone at (904) 685-1200.

Florida Statute Section 794.011 governs Jacksonville Sexual Battery arrests. This Florida law defines "sexual battery" as "oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object."

In a Jacksonville Sexual Battery case, actual force is not needed. Under Section 794.011(4)(a)-(g), Jacksonville sexual battery can occur when:

(a) when the victim is physically helpless to resist;

(b) when the offender coerces the victim to submit by threatening to use force or violence likely to cause serious personal injury on the victim, and the victim reasonably believes that the offender has the present ability to execute the threat;

(c) the offender coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim reasonably believes that the offender has the ability to execute the threat in the future;

(d) the offender, without the prior knowledge or consent of the victim, administers or has knowledge of someone else administering to the victim any narcotic, anesthetic, or other intoxicating substance which mentally or physically incapacitates the victim;

(e) the victim is mentally defective and the offender has reason to believe this or has actual knowledge of this fact;

(f) when the victim is physically incapacitated; or

(g) when the offender is a law enforcement officer or any other person in a position of control or authority in a similar setting, and such person is acting in a manner to lead the victim to believe that the offender is acting under the authority of that position.

If you are charged with Jacksonville Sexual Battery, it is important to discuss this Sexual Battery law and and the facts of your case with a Jacksonville Sexual Battery Lawyer. Contact Cynthia Veintemillas via email or telephone at (904) 685-1200.

Jacksonville Sexual Battery is a felony in Florida. The felony's degree (level) will depend on the seriousness of the Jacksonville sexual battery. Under Florida Statute Section 794.011:

1. a person 18 years of age or older who commits or attempts to commit sexual battery and injures the sexual organs of a person less than 12 years of age commits a capital felony;


2. a person less than 18 years of age who commits or attempts to commit sexual battery upon, and injures the sexual organs of a person less than 12 years of age commits a life felony;


3. a person who commits sexual battery upon a person 12 years of age or older, without that person's consent, and in the process thereof uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious personal injury commits a life felony;


4. a person who commits sexual battery upon a person 12 years of age or older without that person's consent, under any of the following circumstances, commits a felony of the first degree; and


5. a person who commits sexual battery upon a person 12 years of age or older, without that person's consent, and in the process thereof does not use physical force and violence likely to cause serious personal injury commits a felony of the second degree.

If you are charged with Jacksonville Sexual Battery, it is important to discuss this Sexual Battery law and and the facts of your case with a Jacksonville Sexual Battery Attorney. Contact Cynthia Veintemillas via email or telephone at (904) 685-1200.

Jacksonville former firefighter, Daniel Foote, was arrested for Jacksonville Sexual Assault. He was accused of rape but released from jail on April 23, 2010. He was arrested after a woman alleged that he sexually assaulted her, and police linked him to DNA evidence. Later, the woman recanted and stated that the sexual encounter was consensual. This led to his release.

Although Mr. Foote is no longer in custody, his charges have not been dropped. Indeed, I anticipate that charges will be dropped. However, this will not clear this charge from his Florida Criminal Record. In order to have these charges expunged in Florida, he will need to have the charges dropped. Additionally, he cannot have any prior convictions. According to News4Jax.com, he has a prior charge, which may have resulted in a conviction, and if this is the case, a Florida Record Expunction will not be permitted.

When Jacksonville criminal defendants plea guilty or no contest to any of the sex offenses listed in Florida Statute Section 794.011, 800.04, or 847.0135(5), they must register as Florida sex offenders twice a year.  In Jacksonville, registering as a sex offender can be a tedious and embarrassing process.  Jacksonville sex offenders have the obligation to register at least twice a year.  They must register during their birth months and six months after that birth month.  If a person does not register by the end of the required month, he or she can be charged with a third-degree felony.  This is punishable by a maximum of five years in Florida State Prison.  Additionally, as the Florida guidelines stand, a defendant charged with Failure to Register as a Sex Offender will score a minimum of 21 months.  Thus, a Jacksonville sex offender is looking at a sentence of 21 to 60 months in the Florida State Prison.

A 15-year-old girl in Palatka, Florida may have lied about being raped in a public school's bathroom.  The girl alleged that an unknown male forced her into the bathroom during school hours and raped her at knife point.  After the alleged rape, she returned to class.  She did not report the rape until after she returned home and spoke with her mother, which occurred hours later.  There may be evidence that she concocted this story in ordered to cover up a sexual encounter that that she had off-campus.  This case is still under investigation.

If this Palatka, Florida high school student did lie about being raped, she may face serious charges.  Under Florida Statute 837.05, a person that "gives false information to any law enforcement officer concerning the alleged commission of any crime, commits a misdemeanor of the first degree."   A first-degree misdemeanor is punishable by up to one year in the county jail.  However, that is not the end of it.  In Florida, if a person gives false information about a crime and that crime is a capital felony, she has committed a third degree felony, punishable by to up to five years in Florida State Prison.    

A false report that alleges this type of sexual battery, a capital felony, could result confinement to a juvenile facility and being adjudicated a juvenile delinquent.  Although a 15-year old is a juvenile, her juvenile record will follow her for the rest of her life.  It could effect her ability to get into college, obtain government sponsored student loans, obtain a professional license, and may result in deportation if the offender is not a United States citizen. 

If a person is anticipating being charged with a the crime of filing a false police report, he or she should contact a Florida Criminal Defense Attorney as soon possible.  A Jacksonville Criminal Defense Lawyer can discuss the case with the state attorney office in order to prevent the filing of charges.