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Articles Posted in Sex Crimes

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Court Explains Standard for Allowing a Defendant to Withdraw a Guilty Plea Post Sentencing in a Florida Sex Crime Case

In Florida sex crime cases, the defendant is permitted to enter whatever plea he or she chooses. In some cases, a defendant may choose to plead guilty, in exchange for a reduced sentence or penalty. While a defendant is free to enter any plea he or she chooses at the…

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Court Explains Inevitable Discovery Doctrine in Florida Child Pornography Case

In prosecuting a defendant for an alleged sex crime, the State is only permitted to use evidence that was lawfully obtained. As such, any evidence that was obtained during an unlawful search should be suppressed. While there are exceptions to this exclusionary rule, such as the inevitable discovery doctrine, they…

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Florida Court Rules that Convictions for Solicitation of a Minor and Traveling After Solicitation Violate Double Jeopardy

As with all criminal defendants, a defendant who is charged with sex crimes is protected by the rule against double jeopardy, which protects defendants from multiple convictions for the same criminal act. The Supreme Court of Florida recently addressed the issue of whether convictions for the unlawful use of a communication…

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Florida Court Finds Sexual Predator Designation Proper Even Though The Offender Did Not Meet Statutory Definition of a Predator

While no criminal charges should be taken lightly, a conviction for a sex crime can result in a lifelong designation as a sexual predator. While there are laws in Florida that require a mandatory sexual offender designation in certain circumstances, the laws also allow for the Florida Parole Commission to…

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Florida Court Explains Evidentiary Concept of Opening the Door to Otherwise Inadmissible Evidence

In all sex crime cases, the state bears the burden of proving that a defendant committed a crime. In pointing out the weaknesses in the state’s case at trial, however, it is essential to consider how any question posed to the state’s witnesses will affect what evidence the state can…

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Florida Court Explains Factors Indicating Voluntary Consent to a Warrantless Search

If you are charged with a sex crime, it is important to understand what evidence the state will attempt to use against you. Evidence that is obtained via an unreasonable search may be precluded, but proving a search is unreasonable can be difficult, and it is important to understand what…

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Appeals Court of Florida Finds Trial Court Erred in Requiring a Defendant to Register as a Sex Offender and in its Sentencing

It is important for any defendant who pleads guilty to or is convicted of a crime to understand how previous convictions for sex crimes may be weighed against him or her. In the Florida courts, prior to sentencing, a Presentence Investigation Report (PSI) is issued, setting forth a defendant’s criminal…

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