Articles Tagged with sex crimes defense lawyer

Fort Lauderdale criminal defense attorney clients accused of a felony crime – especially one as serious and morally fraught as a sex offense – have told us it feels like the whole world is coming to an end. The reality is arrest is just the beginning of the process. Evidence can be refuted. Witnesses may recant or not be credible. Criminal investigators may do a poor job. There may be lesser crimes to which one can plead that do not have the same stigma or penalty.criminal defense lawyer

Having an skilled criminal defense attorney is imperative. This person will be defending your integrity, your credibility and your civil right to due process and fairness. Because sexual crimes are among the most reviled (and the consequences so steep), it is extremely important that you work with a defense lawyer who has experience and a history of prevailing.

In the state of Florida, sexual battery is described in F.S. 749.011. It’s extensive and there are varying degrees of offense. For example, if you are 18-years-old or older and are accused of sexual battery on a person also older than 18 without that person’s consent, it’s considered a first-degree felony, which is punishable by up to 30 years in prison. However, if the defendant did not use physical force and violence likely to cause physical injury, it’s considered a second-degree felony, punishable by 15 years in prison. The offense can be aggravated by a number of circumstances, including the use of a firearm. Continue reading

“Justice delayed is justice denied,” goes the old saying.handcuffs1

And this is as true for a defendant as it is the victim. That’s because when cases are filed five, 10 or 20 years or more after an alleged crime, it becomes exceedingly difficult to challenge the veracity of the charges. Witness memories fade. People retire. Others die. Receipts that might have verified or disproved certain elements are gone. Records are trashed.

That’s why if you are accused of a Broward sex crime that involves years-old allegations, you must hire an experienced defense attorney to help ensure your rights are protected.

One such case was recently reported by The Sun Sentinel, involving a Pembroke Pines defendant accused of raping one child and molesting another two decades ago. Continue reading

He had just turned 22 and his love interest was 15. Years ago, it might simply have been considered a Romeo-and-Juliet story. iphone1

But this is modern day, and he was a Pasco County Sheriff’s deputy and that 15-year-old was legally a child. That meant the short video clip the teen sent to his older paramour of himself engaged in a personal sex act was child pornography.

For this exchange and for driving to meet that teenager, fired deputy Matthew Bondi, a Deerfield Beach native, has pleaded guilty to a federal child pornography charge, as codified in 18 U.S.C. 2252(a)(2). By knowingly receiving a visual depiction of a minor engaged in sexually explicit conduct, he committed a crime formally classified as sexual exploitation of a minor. Now that he has pleaded guilty, Bondi faces a minimum of five years and a maximum of 20 years in federal prison. The Sun-Sentinel reports he is expected to be sentenced early next year. Continue reading

For sex and sexual contact with two 17-year-old girls, a 30-year-old former Army recruiter will serve 12 years in federal prison, following a plea agreement for which child pornography charges were dropped. jail1

Jose Nieves Jr., from Sunrise, pleaded guilty to two counts of enticing a child to engage in sexual activity. Per 18 U.S. Code 2422, coercion and enticement, any person who persuades, induces, entices or coerces anyone to travel interstate to engage in any sexual activity (including prostitution) can be charged with this offense, for which the minimum penalty is 10 years and the maximum is 12 years.

However, by agreeing to plead guilty to these charges, he was able to evade conviction on the production of child pornography charge, as codified in 18 U.S.C. 2251, sexual exploitation of children. This statute punishes anyone who entices a minor into sexual conduct for purposes of producing visual depictions of such conduct to between 10 years and life in prison. Continue reading