It is a complicated legal process to investigate and prosecute sex crimes in the state of Florida. If an individual is convicted of a sex crime in the state of Florida, they will face significant consequences, penalties, and punishments unless they have retained an experienced Miami sex crimes attorney. It is common in Florida sex crime cases that there is very little physical evidence to win a conviction against the defendant. However, the prosecution ordinarily continues to bring criminal charges to trial, even when there is a lack of physical evidence. There are several various reasons why prosecutors bring cases without sufficient physical evidence necessary to obtain a conviction. These reasons range from sympathy for the alleged victim to political. In many cases, sex crimes cases with very little physical evidence are often brought to trial just because of the nature of these cases and the bias toward those accused of these types of crimes. In some circumstances, law enforcement, when these cases are rushed, officers will conduct an expedient investigation of an alleged sex crime to prevent "holding the case open." This can result in omissions or procedural errors committed. There are some documented cases in which an innocent person was arrested and then charged with a sex crime in Florida. If you or a member of your family have been questioned, arrested, or charged with a criminal offense in Miami, Florida, contact Musca Law for your free case review.
One of the more complicated and common issues that can complicate a Sex Crimes investigation it's called "delayed disclosure." Delay disclosure happens when an alleged sex crime victim tells somebody else about the crime many months or years following the alleged incident. In most of these cases where there is delayed disclosure, prosecuting attorneys will believe the alleged victim, even though statistically, there is a large percentage of these cases involving false allegations and mistaken identity. When these cases are brought several months or years following the alleged act, witnesses or those involved may not accurately remember the events. Generally, people have certain biases toward others, hold grudges, and have imperfect memories. This is why it is important for any defendant accused of a sex crime to speak with and retain an experienced sex crime defense attorney in Miami, Florida. The sooner your criminal attorney initiates an intensive investigation into the prosecution's evidence and the victim's allegations, the better the outcome.
Anyone who is facing allegations of a sex crime such as sexual abuse or criminal abuse will suffer significant consequences whether they are found guilty or not. If a defendant is found guilty of committing a sex crime, their life will be negatively impacted in terms of reputation within the community and employment status. Even allegations of a sex crime will have lifelong negative effects on the accused's reputation.
Undercover Internet Sex Sting Operations in Miami, Florida
In Florida, law enforcement officers conduct several undercover online sting operations to infiltrate human traffickers, prostitution rings, and other street-level sex crime operations. The purpose of an online sex thing operation is to catch adults in the act of soliciting minor children. In an online sex sting operation, a police officer will pose as a young child and engage in chats with adults. The police will often use female officers who look underage to learn online predators into having sexual conversations and act out in other illegal activities online with the undercover officer. In online prostitution sting operations, female officers may post fake prostitution ads on websites offering naked videos or images, or sex acts two lure those who engage in "distributing child pornography" or "soliciting a prostitute. "
In these cases, it is common for those defendants who are defending against criminal charges brought on through an online sting operation to try to use the "entrapment defense."
According to Florida statute 777.201, entrapment is when "a law enforcement officer, a person engaged in cooperation with law enforcement officers, or a person acting as an agent of a law enforcement officer commits an entrapment if, for the purpose of obtaining evidence of the commission of a crime, he or she induces or encourages and, as a direct result, causes another person to engage in conduct constituting such a crime by employing methods of persuasion or inducement which create a significant risk that such a crime will be committed by a person other than one who wishes ready to commit it."
At trial, the accused must show that they committed the criminal act due to the actions of the police and their attempts to entrap them. You're a criminal defense attorney must demonstrate "entrapment by a preponderance of the evidence." If successful, the court would likely acquit the defendant.
Another defense that is commonly used in sexual solicitation accusations is called "withdrawal" or "renunciation." According to Florida statute section 777.04(5)(a)-(c), withdrawal or renunciation happens when a suspect failed actually to commit the criminal offense, stops from committing an offense, or convinces others not to commit the criminal offense. For the defendant to meet the requirements necessary for this defense, the accused must prove they voluntarily and completely withdraw from engaging in the criminal act.
Free Case Review with Our Best Miami Sex Crime Defense Attorney
If you, a friend, or a member of your family have been criminally charged in Miami, Florida, you may speak to one of our Miami criminal offense attorneys for free by calling 1-305-203-0333. Our phones are answered 24 hours a day, seven days a week. Musca Law has received several accolades and awards such as induction into Florida Superlawyers for Criminal Defense, National Trial Lawyers "Top 100 Trial Lawyers," and a perfect rating on AVVO.com.