How Lawyers Defend Miami Sex Crimes: FAQ

How Lawyers Defend Miami Sex Crimes: FAQ

Being charged with a sex crime in Miami can be an incredibly stressful and frightening experience. These allegations often carry severe penalties like prison time, probation, fines, and registration as a sex offender. Even if you are not convicted, simply being accused can permanently damage your reputation and relationships.

That’s why it’s critical to have an experienced Miami sex crimes defense attorney on your side to protect your rights. In this article, we’ll walk through some of the most frequently asked questions about defending against sex crime charges in Miami.

What are common sex crimes charged in Miami?

Some of the most common sex offenses charged in Miami include:

• Sexual battery/rape – Forcing or attempting to force someone into sexual acts like intercourse, oral sex, or penetration. This is a first-degree felony in Florida.
• Lewd and lascivious conduct – Engaging in inappropriate sexual behavior like exposing yourself, masturbating, or having sex in public. This can be charged as a misdemeanor or felony.
• Unlawful sexual activity with a minor – Having any sexual contact with a minor under 16. The age of consent in Florida is 18.
• Child pornography – Possessing, distributing, or producing sexually explicit images of minors.
• Failure to register as a sex offender – Failing to properly register after being convicted of a sex crime.
• Traveling to meet a minor – Traveling to meet someone underage for sexual purposes after meeting them online.
• Soliciting prostitution – Paying for or offering to pay for sexual services.

What happens after you are arrested for a sex crime?

If you are arrested for a sex offense in Miami, here’s a quick overview of what you can expect:

• You’ll be taken to the police station for booking and processing. This involves getting fingerprinted and having your mugshot taken.
• Police will present the case to prosecutors, who decide what charges to file. For serious felonies, this goes to the State Attorney’s Office.
• Within 24 hours, you’ll go before a judge who informs you of the charges and sets bond. Bond allows you to get out of jail while your case is pending.
• After release, your next court date will likely be an arraignment. This is when you enter a plea of guilty or not guilty.
• Prosecutors turn over evidence to your defense attorney during discovery. Your lawyer can then start building a defense strategy.
• Defense attorneys will file motions to suppress evidence or statements if there are issues with how they were obtained.
• If negotiations with the prosecution fail, the case typically goes to trial. Sex crimes generally don’t lend themselves to diversion programs.

What kinds of penalties do sex crimes carry in Florida?

The penalties for sex offenses vary widely based on the specific crime and other factors like the defendant’s criminal history. Some general sentencing ranges in Florida include:

• Misdemeanor sex crimes – Up to 1 year in jail, 12 months probation, $1,000 fine
• Third-degree felonies – Up to 5 years in prison, 5 years probation, $5,000 fine
• Second-degree felonies – Up to 15 years in prison, 15 years probation, $10,000 fine
• First-degree felonies – Generally 30 years to life in prison

All sex crime convictions also require registering as a sex offender. The length of registration depends on the offense. Fines, court costs, counseling, and restitution may also be imposed.

What are some common defenses against sex crime charges?

Some of the most effective legal defenses against sex crime allegations include:

• False accusations – The alleged victim is lying about what occurred. This is common in bitter custody disputes.
• Mistaken identity – The accuser identified the wrong person and the defendant has an alibi.
• Consent – The sexual contact was consensual between adults. This may apply in date rape cases.
• Lack of intent – The defendant did not knowingly or intentionally commit a sexual offense. This may occur if someone was involuntarily intoxicated.
• Unlawful police conduct – Evidence was obtained through an illegal search or coercive interrogation. This can lead to evidence getting excluded.
• Mental illness – The defendant has a mental defect that impacted their ability to understand the nature of the conduct.

How can a lawyer get sex crime charges reduced or dismissed?

There are various strategies criminal defense attorneys use to get sex charges dropped or reduced:

• File motions to suppress evidence due to Fourth, Fifth, or Sixth Amendment violations. If granted, this can gut the prosecution’s case.
• Challenge the credibility of the accuser through cross-examination at preliminary hearings. Inconsistencies in testimony help create reasonable doubt.
• Present exculpatory evidence like DNA test results, alibis, or witness statements supporting consent.
• Advocate for mental health or sex offender treatment programs as an alternative to prison. Prosecutors sometimes agree to avoid trial.
• Negotiate a plea deal to lesser charges like simple battery or disorderly conduct that don’t require sex offender registration.
• Leverage weaknesses in the prosecution’s case to argue for dismissals or acquittals at trial.

Can someone avoid registering as a sex offender?

If convicted of certain sex crimes in Florida, sex offender registration is mandatory. However, an experienced lawyer may be able to avoid it through:

• Plea negotiations resulting in a conviction for a non-registerable offense
• Deferred prosecution agreements that dismiss charges upon completion of probation
• Winning an acquittal at trial
• Convincing the court at sentencing not to impose registration if it’s discretionary
• Sealing or expunging the offense if allowed under Florida law
• Appealing the conviction and requirement to register

While not guaranteed, avoiding registration is possible in some cases with skilled legal advocacy.

What kinds of plea deals are common in Miami sex crime cases?

Some typical plea bargains prosecutors may offer in sex crime cases include:

• Pleading guilty to a lesser misdemeanor like battery, with no sex offender registration
• Pleading to felony child abuse charges instead of sexual battery
• Reduced period of probation or community control
• Dropped enhancements for using a weapon or abusing a position of authority
• Waiving minimum mandatory prison sentences
• Entering a no contest plea while maintaining innocence
• Agreeing to complete a rehabilitation program in exchange for dropped charges

The goal of plea negotiations is resolving the case while avoiding harsh mandatory penalties. An experienced Miami sex crimes lawyer can advise you on the pros and cons of any offered plea deal.

How can someone find the best lawyer for a sex crime case?

Tips for finding the right sex crimes defense attorney include:

• Search state bar association directories for lawyers certified in criminal trial law
• Look for attorneys with extensive jury trial experience and few plea bargains
• Ask about experience specifically handling sex offense cases – not just generic criminal defense
• Meet with lawyers before retaining them to evaluate communication and compatibility
• Discuss legal fees up front – sex crime cases often go to trial, which is more expensive
• Research client reviews and professional endorsements
• Consider a public defender if you cannot afford private counsel

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How Lawyers Defend Miami Sex Crimes: FAQ

Being charged with a sex crime in Miami can be an incredibly stressful and frightening experience. These allegations often carry severe penalties like prison time, probation, fines, and registration as a sex offender. Even if you are not convicted, simply being accused can permanently damage your reputation and relationships.

That’s why it’s critical to have an experienced Miami sex crimes defense attorney on your side to protect your rights. In this article, we’ll walk through some of the most frequently asked questions about defending against sex crime charges in Miami.

What are common sex crimes charged in Miami?

Some of the most common sex offenses charged in Miami include:

• Sexual battery/rape – Forcing or attempting to force someone into sexual acts like intercourse, oral sex, or penetration. This is a first-degree felony in Florida.
• Lewd and lascivious conduct – Engaging in inappropriate sexual behavior like exposing yourself, masturbating, or having sex in public. This can be charged as a misdemeanor or felony.
• Unlawful sexual activity with a minor – Having any sexual contact with a minor under 16. The age of consent in Florida is 18.
• Child pornography – Possessing, distributing, or producing sexually explicit images of minors.
• Failure to register as a sex offender – Failing to properly register after being convicted of a sex crime.
• Traveling to meet a minor – Traveling to meet someone underage for sexual purposes after meeting them online.
• Soliciting prostitution – Paying for or offering to pay for sexual services.

What happens after you are arrested for a sex crime?

If you are arrested for a sex offense in Miami, here’s a quick overview of what you can expect:

• You’ll be taken to the police station for booking and processing. This involves getting fingerprinted and having your mugshot taken.
• Police will present the case to prosecutors, who decide what charges to file. For serious felonies, this goes to the State Attorney’s Office.
• Within 24 hours, you’ll go before a judge who informs you of the charges and sets bond. Bond allows you to get out of jail while your case is pending.
• After release, your next court date will likely be an arraignment. This is when you enter a plea of guilty or not guilty.
• Prosecutors turn over evidence to your defense attorney during discovery. Your lawyer can then start building a defense strategy.
• Defense attorneys will file motions to suppress evidence or statements if there are issues with how they were obtained.
• If negotiations with the prosecution fail, the case typically goes to trial. Sex crimes generally don’t lend themselves to diversion programs.

What kinds of penalties do sex crimes carry in Florida?

The penalties for sex offenses vary widely based on the specific crime and other factors like the defendant’s criminal history. Some general sentencing ranges in Florida include:

• Misdemeanor sex crimes – Up to 1 year in jail, 12 months probation, $1,000 fine
• Third-degree felonies – Up to 5 years in prison, 5 years probation, $5,000 fine
• Second-degree felonies – Up to 15 years in prison, 15 years probation, $10,000 fine
• First-degree felonies – Generally 30 years to life in prison

All sex crime convictions also require registering as a sex offender. The length of registration depends on the offense. Fines, court costs, counseling, and restitution may also be imposed.

What are some common defenses against sex crime charges?

Some of the most effective legal defenses against sex crime allegations include:

• False accusations – The alleged victim is lying about what occurred. This is common in bitter custody disputes.
• Mistaken identity – The accuser identified the wrong person and the defendant has an alibi.
• Consent – The sexual contact was consensual between adults. This may apply in date rape cases.
• Lack of intent – The defendant did not knowingly or intentionally commit a sexual offense. This may occur if someone was involuntarily intoxicated.
• Unlawful police conduct – Evidence was obtained through an illegal search or coercive interrogation. This can lead to evidence getting excluded.
• Mental illness – The defendant has a mental defect that impacted their ability to understand the nature of the conduct.

How can a lawyer get sex crime charges reduced or dismissed?

There are various strategies criminal defense attorneys use to get sex charges dropped or reduced:

• File motions to suppress evidence due to Fourth, Fifth, or Sixth Amendment violations. If granted, this can gut the prosecution’s case.
• Challenge the credibility of the accuser through cross-examination at preliminary hearings. Inconsistencies in testimony help create reasonable doubt.
• Present exculpatory evidence like DNA test results, alibis, or witness statements supporting consent.
• Advocate for mental health or sex offender treatment programs as an alternative to prison. Prosecutors sometimes agree to avoid trial.
• Negotiate a plea deal to lesser charges like simple battery or disorderly conduct that don’t require sex offender registration.
• Leverage weaknesses in the prosecution’s case to argue for dismissals or acquittals at trial.

In some sexual assault cases, especially date rape, consent is the key issue. The defendant may claim the sexual contact was consensual, while the victim asserts it was forced. Defense lawyers will look for evidence supporting consent like:

• The victim voluntarily consumed drugs or alcohol[1]
• The victim and defendant had a prior sexual relationship[2]
• There is no evidence of physical injury or use of force[3]
• Electronic communications show the victim was interested in the defendant[4]
• The victim delayed reporting the incident to police[5]
• The victim is unsure or inconsistent about details of what occurred[6]

By presenting this type of evidence and undermining the credibility of the victim’s testimony, the defense may be able to show reasonable doubt about lack of consent. However, experienced prosecutors know how to overcome these consent defenses.

Can someone avoid registering as a sex offender?

If convicted of certain sex crimes in Florida, sex offender registration is mandatory. However, an experienced lawyer may be able to avoid it through:

• Plea negotiations resulting in a conviction for a non-registerable offense
• Deferred prosecution agreements that dismiss charges upon completion of probation
• Winning an acquittal at trial
• Convincing the court at sentencing not to impose registration if it’s discretionary
• Sealing or expunging the offense if allowed under Florida law
• Appealing the conviction and requirement to register

While not guaranteed, avoiding registration is possible in some cases with skilled legal advocacy.