CLIENT FACED: MADATORY LIFE SENETNCE WITHOUT THE POSSIBLITY OF PAROLE FOLLOWED BY 15 YEARS IN PRISION
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!
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. The prosecutor in one county later charged him with 2 counts of Capital Sexual Battery (Capital Felony). The prosecutor in the other county charged him with 1 count of Lewd and Lascivious Molestation Upon a Victim Under 12 Years of Age (1st Degree Felony) and 1 count of Lewd and Lascivious Molestation Upon a Victim 12 Years and Over, But Under The Age of 16 (2nd Degree Felony).
Our Strategy In the county where the client was facing Capital Sexual Battery charges, 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 the Lewd and Lascivious Molestation charges. Because of the NOT GUILTY VERDICT in the one county, and the dismissed charges in other county, the client also is eligible to petition the court in both counties to have his arrest and court records totally sealed.
Facts: Our client, a 22 year old man, had been dating a 15 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 in the act at the house of the girl’s grandmother. Specifically, our client pulled down the girl’s shirt, fondled her breast, and left a bruise by biting her. After both of these incidents, the girl’s mother contacted law enforcement who arrested and charged him with 2 counts of Lewd and Lascivious Molestation.
Our Strategy: The Prosecutor charged the client with both counts of felony molestation and 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, rejected this offer.
Using the relationships that he had developed as a former prosecutor, and his own dogged skills as a negotiator, the attorney was able to convince the Prosecutor to dismiss all charges against our client. After much worry, the client escaped serious punishment and the ordeal of trial. Additionally, because charges were dismissed, he became eligible to have his arrest and court record expunged.
The client, with the help of the Sex Crime Defense Team, managed to escape serious consequences and did not have to register as a sex offender. The charges were dismissed and his court record was expunged.