Counter Your Charges With A Strong Defense
But the fun doesn't stop with the semi-annual trip to the local sheriff's office, because the offender must also report any change in his permanent or temporary residence within forty-eight hours to the sheriff's office. At that time, the sheriff's office must take the offender's picture and take fingerprints, in addition to updating address records.
The information to be provided to the sheriff's office is extensive, and includes the address of any permanent residence or temporary residence, in state or out of state, date and place of employment, vehicle make, model, color, tag number; info regarding enrollment, employment or vocational training at an institution of higher education in Florida, plus the department's name, address, and county of said institution, including each campus attended.
It's not over. Next, within forty-eight hours of reporting to the sheriff's office, he must report in person to the driver's license office of the Department of Highway Safety and Motor Vehicles to secure a driver's license or identification card with the new address. And, to add insult to injury, the offender must pay for these renewals each time!
This statute is one of the few to require a citizen to pay the government fees forever. Article I, Section 11 of the Florida Constitution states that "No person shall be imprisoned for debt, except in cases of fraud.
For a more in depth analysis of the constitutionality of such constant fees, take a look at my article " Sex Offenders Will Pay Government Fees Forever. Obviously, it is difficult to find a place to live as a registered sex offender. And, it should come as no surprise that its even more difficult to find a job as a registered sex offender.
So, it should come as no surprise that the registration requirements listed above cost money. This fee goes to the Department of Motor Vehicles, as they create a new driver's license or identification card upon each change of address. For the folks that cannot pay this fee, many are arrested for failing to register.
So far, Florida's court's have been willing to play nice, but I never expect favor towards sex offenders to last very long. Can you imagine being arrested because some random DMV worker will not accept your paperwork for renewal? Does anything ever go smooth at a government registration office?
Sex Offender Registration in West Palm Beach
In some instances, sex offenders have complied with the statute by reporting to the DMV to issue the required renewal--and yet the DMV refuses to issue an updated license, thus triggering a violation of this law. This statute is different because it doesn't require much in the way of "scienter" or "guilty knowledge", such language is not in the statute.
This does not mean, however, that the State can convict a defendant for violating this statute without knowledge of it's requirements. The element of knowledge must be included in the charge in order to lawfully convict for this crime See State v. Giorgetti , So. It's bad enough that American citizens have paid their dues through the criminal justice system, only to find themselves reporting their movements to the sheriff's office non-stop. This sort of thing should be a civil citation, but in reality, the most offensive aspect of failing to register is the fact that it is a level 7 offense.
Every case is different and the way in which I pursue your case will depend on the unique factors of your case. Together, we can determine which is the best course of action for your situation. Each plea carries its own consequences and it is important that you understand them before proceeding. With a not-guilty plea, we may try to show your innocence in a variety of ways.
Often, this includes pleading guilty or no contest to the accusations in exchange for a reduced sentence.
This can lessen the impact of a trial on everyone involved, including you and your family. Some defendants find this is an effective way to avoid having to register as a sex offender. A plea of no-contest may be beneficial for those who are willing to accept the facts of the case, but not willing to admit guilt. Defendants who choose to plead no contest can avoid a trial if the judge accepts the plea and the ruling cannot be used against you in future proceedings.
Ultimately, the best defense for your case will be arrived at by diligent investigation by your attorney in conjunction with the circumstances surrounding your case.
- Background on Florida's Sexual Offender Laws;
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To determine which legal defense may be in your best interest, consult with a qualified sex crime attorney. Schedule your consultation with Mike G Law today. Call me if you or a member of your family has been charged with any level or type of sex crime in the Tampa Bay area, including: Aggravated sexual battery rape.
Sexual assault of a minor. Prostitution or solicitation of a prostitute.
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Internet child pornography. Solicitation of a minor. Statutory sexual assault of a minor statutory rape.
Florida Sex Crimes Attorney | Whittel & Melton
If you are charged with sexual battery, it is imperative that you get a Tampa sex crime attorney to represent you. This is a very serious charge and a conviction can have lifelong consequences. Related charges or aggravating circumstances include aggravated sexual battery when the victim is helpless or incapacitated , sexual battery with a deadly weapon, sexual battery on a child under 12, and sexual battery likely to cause serious personal injury when force is used to subdue a victim.
If an individual is found guilty of a sexual battery charge, their punishment will depend on their age, their criminal record, the age of the victim, and any aggravating circumstances. In addition, a person found guilty of sexual battery must register as a sexual predator. As a result, many individuals have found themselves wrongfully accused and vigorously prosecuted for a criminal sexual offense. If you have been charged with such a crime, you could be caught up in unfair accusations that carry heavy penalties. We understand that there are two sides to every story, contact our Kissimmee sex crime attorneys today.
Information Needed To Register
The court system classifies a wide range of charges as sexual offenses. Sexual offense crimes may involve the following types of crimes:. A conviction for any of these crimes can lead to being designated a sex offender, which requires registration and carries significant lifetime penalties.
They can be intrusive, but failure to meet the following requirements can lead to jail time and other penalties:. If you have been charged with a sex crime, you are likely facing harsh penalties and limited job prospects.