Jacksonville Criminal Defense Lawyer Blog

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.