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Sex Crimes Cases

September 29, 2016

Man Forces Girl Into Prostitution

CLIENT FACED: LIFE IN PRISON

Man Forces Girl Into Prostitution, Beats And Burns Victim With Meat Tenderizer; Charged With 6 Felonies, Including Sex Trafficking and Armed Kidnapping.

Facts:

Our client invited a woman to Florida from out of state and arranged for her to work as a prostitute. Eventually the woman tried running away with some of the money she had already earned. Our client forced her to stay by beating her and burning her skin with a heated meat tenderizer. He also broke her cell phone so she couldn’t call for help. A witness told the police of these events, and they arrested and charged the client with Aggravated Battery, Aggravated Assault, Witness Tampering, Sex Trafficking and 2 counts of Armed Kidnapping with a Firearm.

Our Strategy:

The Prosecutor charged the client with all 6 felonies and initially offered our client a plea bargain of 25 years prison time. Our attorney rejected this offer. On the eve of trial, the attorney made 10 separate motions to exclude evidence against our client based on the prosecutor withholding evidence and not complying with discivery rules. The Judge granted 7 of these motions.

The attorney then moved to have the Aggravated Battery, the first count of Armed Kidnapping, and Aggravated Assault charges dismissed based on prosecutorial and witness misconduct. Again, the Judge granted these motions.
Next, the attorney moved for a judgment of acquittal on the Sex Trafficking charge based on a key witness being excluded. The Judge granted that motion as well.

That left only one Armed Kidnapping charge. In an effort to eliminate this final charge, the attorney offered to plea the client to one misdemeanor count of Assault, with credit for time served. The Prosecutor caved and accepted the offer that same day. Our client ended up walking a free man with a minor misdemeanor charge.

RESULT: NO PRISON, NO FELONY CONVICTION OR RECORD, AND NO PROBATION!

Internal Ref # 4941-CB10FF11OR08-N-N


College Student Observed By Witnesses on Two Separate Occasions Fondling and Kissing The Breasts of His 14 Year Old Girlfriend

CLIENT FACED: 30 YEARS IN PRISON

College Student Observed By Witnesses on Two Separate Occasions Fondling and Kissing The Breasts of His 14 Year Old Girlfriend, Confesses to Doing So On At Least One Occasion; Arrested On Two Counts of Lewd and Lascivious Molestation of a Minor.

Facts:

Our client, a 22 year old man, had been dating a 14 year old girl for 2 years. On one occasion, the girl’s mother caught our client fondling the girl with his hand up her shirt. On another occasion, he was caught pulling down the girl’s shirt, fondling and kissing her breasts to the extent of leaving a “hickie”. When confronted by law enforcement, our client confessed to having caressed and kissed the girl’s breasts on at least one occasion.

Our Strategy:

The Prosecutor eventually only filed formal charges on one count of Lewd and Lascivious Molestation of a Minor. He initially offered our client a plea bargain of 21 months prison time, followed by 2 years of rigorous sex offender probation. Furthermore, the client would face the harsh consequences of having to register as a sexual predator for the rest of his life. Our attorney, a former prosecutor himself, who has handled hundreds of sex related offenses, rejected this offer.

Using the relationships that he had developed as a former prosecutor, dogged persistence and his skills as a persuasive a negotiator, the attorney was able to convince the Prosecutor to completely dismiss the case. Specifically, he pointed out flaws and inconsistencies in the victim’s testimony as a means of convincing the prosecutor that the case was flimsy. Thus, our client managed to escape serious punishment and the ordeal of a lengthy and costly trial. Additionally, because charges were dismissed, he became eligible to have his arrest and court record completely expunged.

RESULT: PROSECUTOR DECLINED FILING ONE COUNT AND COMPLETELY DISMISSED THE OTHER COUNT,RESULTING IN NO LIFETIME SEXUAL PREDATOR REGISTRATION, AND ELIGIBILITY FOR TOTAL RECORD EXPUNGEMENT!

Internal Ref # 4198-JQ22FF11MA07-N-N


Middle Aged Salesman Accused Of Sexually Molesting A Child Family Member

CLIENT FACED: 2 CONSECUTIVE LIFE SENTENCES FOLLOWED BY 30 YEARS IN PRISON

Middle Aged Salesman Accused Of Sexually Molesting A Child Family Member Over The Course Of 12 Years, Makes Incriminating Statements and Apologizes to The Victim In A Recorded Conversation; Arrested On Four Counts of Lewd And Lascivious Molestation Across Two Different Counties.

Facts:

Our client, a middle aged salesman, was accused of sexually molesting a child in his family multiple times when the child was 4 until she became 15. Specifically, the child told law enforcement that, on many occasions, our client fondled her, made oral contact with her vagina, and penetrated her with his fingers. These allegations were said to have occurred in 2 different Florida counties. In order to obtain a confession, law enforcement arranged for the child to call our client and record the conversation. During this taped conversation, our client made many incriminating statements, including apologizing to the child for what he had done. Based upon the child’s allegations and the incriminating statements, law enforcement arrested our client and prosecutors later charged him with 2 Counts of Lewd and Lascivious Molestation Upon a Victim Under the Age of 12 (1st Degree Felony)in one county, and 2 Counts of Lewd and Lascivious Molestation Upon A Victim 12 Years and Over, But Under The Age of 16 (2nd Degree Felony) in a separate county.

Our Strategy:

In one of the counties, our attorney diligently prepared the case for trial. This was done by conducting numerous depositions. At trial, our attorney exposed the doubts that law enforcement had about the child’s truthfulness, used testimony from depositions to vigorously cross-examine all witnesses, and poked holes in the prosecutor’s case to produce doubt in the minds of the jurors. After closing arguments, the jury retired to consider the case. After a mere 20 minutes, the jury returned a NOT GUILTY VERDICT on both charges based upon the attorney’s diligent preparation and strong arguments at trial. Further, based upon this result, the attorney was also able to convince the prosecutor in the other county to dismiss those charges. Because of the NOT GUILTY VERDICT in the one county, and the dismissed charges in other county, the client also became eligible to have his arrest and court record totally sealed.

RESULT: NOT GUILTY JURY VERDICT IN ONE COUNTY, AND DISMISSAL OF CHARGES IN THE OTHER COUNTY, RESULTING IN NO CONVICTION, NO LIFETIME SEXUAL PREDATOR PROBATION, AND ELIGIBILITY FOR COMPLETE SEALING OF RECORD!

Internal Ref # 4555-JQ01FF11OS12-N-N

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