Child Molester Accused of Abusing Mentally Retarded Step-Daughter

A man from South Bend, Indiana is being accused of molestation charges to his mentally challenged step-daughter. Timothy Strait, 38, is looking at child molesting, criminal confinement, and domestic battery. The mother to the child woke up one day on a Sunday morning to see her husband, Timothy, lying on top of the daughter. After she confronted him, he said that the two were just wrestling, when he then proceeded to push the wife to the floor refusing her to leave the apartment. Strait has a criminal history ranging from other incidents of domestic violence to theft convictions in Florida.

Continue reading "Child Molester Accused of Abusing Mentally Retarded Step-Daughter" »

Prostitution Sting in Florida Effected Via Craigslist

Polk County police have recently conducted a prostitution sting operation recently. The program resulted in the arrest of 28 women and 5 pimps, according to authorities. "Operation Hot Date" was thought to be a success in the movement to clean up the vice crimes occurring with no fear of police in the area for some time. Polk County Sheriff Grady Judd said in a release to the press that Craigslist in actually "facilitating" and "profiting" from the prostitute businesses that advertise for free via the internet website. Craigslist has promised to curb the number of ads that promote such sex crimes yet Grady wants charges to be pressed against the online listing site.

Continue reading "Prostitution Sting in Florida Effected Via Craigslist" »

Florida State University Football Player Gets Probation

Marcello Church, a football player for FSU, was arrested and charged with sex with a minor. The alleged victim had wrote a succinct and heart-felt letter which lawyers say impacted the sentencing of Church in a lenient fashion. The two page letter claimed that she "wasn’t a victim by any definition and she in fact was the 'aggressor.' " The victim in this case was seventeen at the date of the incident, qualifying for sex with a minor given Church's age.

Florida Statute 794.05 defines "unlawful sexual activity with certain minors" as:

(1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, "sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose.

Continue reading "Florida State University Football Player Gets Probation" »

Florida Man Sentenced 27 Years for Child Sex Crime

Seth Jerchower, 47, was charged with soliciting sex with a minor. Jerchower was caught in an undercover operation online chat. He believed he was talking with the mother of 2 children, age 9 and 11, who were being made available for sexual relations. Sentencing for Jerchower took place at the Gainesville federal courthouse two years after his December 2007 arrest. The University of Florida had not renewed Jerchower's contract by the February deadline. The main organizations taking credit for this arrest are the Alachua County Sheriff's Office, Gainesville Police, and the FBI. Child Predator CyberCrimes Unit was the main central command being led by the attorney general in Jerchower's apprehension as well as other child sex offenders across the U.S.

Continue reading "Florida Man Sentenced 27 Years for Child Sex Crime" »

Florida Child Rape Suspect Apprehended

Aaron Lamar Howard, 21, took a child under the age of 12 at knifepoint and sexually assaulted her. Howard gained entry into the home by use of a key and kidnapped the child. While maintaining a knife to her throat, he kidnapped her into his truck and drove away from the home of the child. She was then raped in the backseat after being punched in the face and bound down. Howard was a family friend, the victim's family claims. Yet they were uncertain how he obtained a key to the domicile. Howard was arrested later, after releasing the young girl immediately and threatening her not to tell anyone. He was charged with marijuana and cocaine possession, as well.

Continue reading "Florida Child Rape Suspect Apprehended" »

Florida Man Caught Out of State as a Rape Suspect

Crescencio Rojas, 43, was arrested in Brownsville, Texas. Rojas was wanted in the perpetration of rape of an elderly person. More precisely, he was accused of sexual assault, battery, and lewd and libidinous acts against an elderly person. US Customs and Border Protection intervened at the Veterans International Bridge in the Brownsville area and apprehended Rojas as he was riding a bus coming back to the United States from Mexico. A warrant check on the national system showed that he had a warrant for sexual assault out of Dade County.

Continue reading "Florida Man Caught Out of State as a Rape Suspect" »

Florida Attorney Discusses Penalties on Bullies

After an incident at a middle school in Florida where a 13 year old was raped, critics and lawyers say the laws have been softened regarding bullying. The Jeffrey Johnston Stand Up for All Students Act requires schools in Florida to establish concrete policies to discourage bullying in person and online or risk losing state funding. Lawyers to the raped individual aforementioned have claimed that if the law on the books had been enforced in the school, the incident would not have even occurred.

Continue reading "Florida Attorney Discusses Penalties on Bullies" »

Federal Court Upholds Law on Sex Offender Registration

Recently a federal appeals court has maintained authority on enforcing a current law regarding sex offenders registering with authorities when moving from state to state. U.S. District Judge Gregory A. Presnell of Orlando, Fla., erred when he ruled the registration provision of the Adam Walsh Child Protection and Safety Act of 2006 was "facially unconstitutional," a three-judge panel of the 11th U.S. Circuit Court of Appeals found in two opinions. The Sex Offender Registration and Notification Act, part of the Walsh law, were the specific issues in the upheld ruling. John Badalamenti, an assistant federal public defender in Tampa, says Congress overstepped its boundaries because the states enforce registration requirements.

Sex offenders, take notice that whenever you move , in or out of your probation, you MUST always notify the feds AND the state that you are doing so. Don't risk it or just plain ignore the rules by not telling officials.

Continue reading "Federal Court Upholds Law on Sex Offender Registration" »

Florida Rape Incident Leads to Criminals Turning Selves In

ORLANDO, FL

Two rapists have turned themselves in to authorities after perpetrating their recent crime on an 11 year old. Authorities say the two confessed to the crime conducted on the Florida girl as she was on her way to school. She was held at knifepoint then pulled into a car being driven by the two individuals. Then she was taken several blocks away to a vacant house where she was raped. Police received a tip on the phone lines later that day confirming DNA that was found on the victim. Orange County Sheriff's Office are giving Richard Morales-Marin, 23, and Juan Hernandez Monzalvo, 24, charges of kidnapping and rape.

Sex crimes damage the community at large, not just individuals. People get hurt in the process and there is little offer of forgiveness to the criminals who commit such crimes. This incident is just one of many that continue to happen when sexual offenders are in the vicinity of schools and playgrounds that hold their potential prey. Be watchful of your children and make sure they don't walk alone to school or talk to strangers without adults they know around.

Continue reading "Florida Rape Incident Leads to Criminals Turning Selves In" »

Detective in Fort Lauderdale in Trouble With Ecstasy Connection

Fort Lauderdale police detective Jeremy Aguayo, 32, is in deep water after a connection to a convicted Ecstasy dealer and pimp is discovered. He has been suspended without pay a month ago, and is scheduled to be fired today. According to an internal affairs report, Aguayo checked on Reyes' driver's license status in March after a prostitute driving his car illegally ran through a SunPass toll; checked on warrants for Reyes' arrest days before he was arrested in August; and gave Reyes information on a bogus police sting mentioned by another detective. The two men exchanged hundreds of phone calls and spent nights out at strip clubs and nightclubs, according to Internal Affairs.

Drug charges and prostitution or sex crimes are prosecuted firmly in the state of Florida.

A person arrested for a drug crime can be charged with at least one of the following offenses:

* Possession of drugs or drug paraphernalia.
* Delivery of illegal drugs.
* Trafficking/Distribution of controlled substances.
* Manufacturing narcotics.
* Cultivation/growth of a narcotic.
* Fraudulent sale or possession of prescription drugs.
* Possession of drugs with intent to sell them.
* Illegal use of a drug.

Prostitution is defined by Florida Statute 796.07 as:

the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.

Continue reading "Detective in Fort Lauderdale in Trouble With Ecstasy Connection" »

New Law in South Florida Regarding Sex Offenders

Davie has recently finalized a new law that will put in place restrictions of landlords in renting to sex offenders or sex predators. Those in violation of the newly authorized law can be jailed or fined, according to the Town Council. Florida Law states that a 2500 foot buffer must be in place between where a sex offender can live and everywhere children congregate, such as school bus stops, parks and playgrounds.

The new Davie law will force landlords to be subject to fines up to $500 and/or 60 days in jail on first violation. Multiple violations step up to $1000 and/or a year in jail. All sex offenders regardless of date of conviction are subject to the new law and will be dealt accordingly by law enforcement.

Sex crimes are one of the most saught after and heavily prosecuted by many state departments. An experienced lawyer is required and one with the utmost knowledge of case law and state court systems is even more heavily needed in such a situation.

Continue reading "New Law in South Florida Regarding Sex Offenders" »

SEX OFFENDER GETS LIFE SENTENCE IN FLORIDA

FLORIDA SEX OFFENDER GETS LIFE SENTENCE

Although not a South Florida criminal case, Fort Lauderdale criminal attorneys have taken note of a sex offender sentenced to life by a Tampa court.

Although there was no physical evidence to link the defendant to the killing and the judge suppressed a tainted tape recorded confession, the jury found defendant Onstott guilty of killing the daughter of a former romantic partner.

Fort Lauderdale, Florida, Miami and West Palm Beach criminal courts hear more sex offenses than most other jurisdictions. For that reason many Fort Lauderdale criminal lawyers have more experience handling sex offenses than most other jurisdictions

FLORIDA SUPREME COURT OK’S SEX OFFENDERS PORNOGRAPHY NOT RELATED TO THEIR CRIME

In a criminal case that started in Miami, Florida, the Florida Supreme Court ruled that a sex offender may view pornography that doesn’t relate to the “deviant behavior pattern” of their sex crime.

The Florida criminal statute regulating sex offender probation bans possession of materials that “are relevant to the offender’s deviant behavior”.

The Court found the legislature was not banning all pornography for sex offenders.

The South Florida case arose from a Miami man on probation for lewd and lascivious battery. The Miami sex offender violated his Florida probation by possessing pornography.

Originally sentenced to two years of community control followed by eight years of sex offender probation, the violation of probation occurred during the probation portion of the sentence.

For more information on sex offenses and the Florida courts, contact attorney Ralph Behr in Fort Lauderdale, Florida.

SEXUAL OFFENDER Registry Information

The following information is provided as a public service.
It concerns the registration requirements of those convicted in Florida criminal courts of sex offenses.

There are two designations in Florida: sexual offenders and sexual predators.

A sexual predator or sexual offender subject to required registration.All offenders must report in person to the Sheriff's Office in the county in which he/she resides.

Additionally, ReRegistration requirements apply to both sexual predators and sexual offenders who have been released from sanctions for their qualifying sex offense, as well as those currently under some form of supervision with the Department of Corrections, Department of Juvenile Justice, or those under federal supervision.

A sexual predator or juvenile sexual offender adjudicated must report in person to the Sheriff's Office in the county in which he/she resides or is otherwise located to ReRegister FOUR times per year- once during the month of his/her birth month and every 3rd month thereafter.

A sexual offender that has not been adjudicated delinquent, must report to the Sheriff's Office in the county in which he or she resides.

A sexual offender who has been convicted of a crime or crimes in the statute sections listed below must report in person to the Sheriff's Office in the county in which he/she resides or is otherwise located to ReRegister FOUR times per year- once during the month of his/her birth month and every 3rd month thereafter:

Section 787.01, where the victim is a minor and the offender is not the victim's parent or guardian
Section 787.02, where the victim is a minor and the offender is not the victim's parent or guardian
Section 794.011, excluding s. 794.011(10)
Section 800.04(4)(b), where the court finds the offense involved a victim under 12 years of age or sexual activity by the use of force or coercion.
Section 800.04(5)(b)
Section 800.04(5)(c)1., where the court finds molestation involving unclothed genitals or genital area
Section 800.04(5)c.2., where the court finds molestation involving unclothed genitals or genital area
Section 800.04(5)(d), where the court finds the use of force or coercion and unclothes genitals or genital area.
Any attempt or conspiracy to commit such offense.
A violation of a similar law in another jurisdiction.

A sexual offender subject to registration who has not been adjudicated delinquent and who has not been convicted of one of the crimes listed above must report to the Sheriff's Office in the county in which he/she resides or is otherwise located to ReRegister TWO times per year- once during the month of his/her birth month and every 6th month thereafter.

Sex Offender Registration News

On June 1, 2008 The Justice Department released its newest version of what are the Federal Sex Offender Registration standards. It is called the Sexual Offender Notification ACT (SORNA)

These new the guidelines are for the Adam Walsh Act's sex offender registration and notification provisions of Florida and other states.

Sex Offenses in Florida include both violent sexual offenses such as rape (sexual battery) sexual assault, lewd assault and most crimes contained in F.S. chapter 800. A copy of the guidelines is avaialble from the feds.

Non violent sex offenses such as lewd adn lascivious behavior (FS 798.02) Exposure of sexual organs (FS 800.03) are all listed and defined in Chapter 800. Florida statute 794 covers: sexual battery, sexual felony offenders, unlawful sexual activity with minors and other sex crimes: see the statue for more listed sex crimes.

The amended act, known as the Adam Walsh Child Protection and Safety Act of 2006, is part of the Sex Offender Registration and Notification Act (SORNA).

The Department of Justice released the guidelines and cites the Offender Sentencing,Monitoring, Apprehending, Registering and Tracking (SMART) act for more information.

You can contact criminal defense attorney Ralph Behr, in Fort Lauderdale, for more information.

SEX OFFENDER PROBATION NEWS

In Florida anyone convicted of a sex crime, or sexually motivated crime, can be designated either as a sexual offender or a sexual predator.

These sex crimes designations come with the most restrictive forms of supervision of any category of crime. Drug traffiking, cocaine possession and cocaine delivery, theft crimes and murder does not restrict where you may live. Sex offense probation does.

Drug crime convictions usually get you drug offender probation.

In drug cases you are supervised as to your use of controlled substances.

Sex crimes come with onerous restrictions which are almost impossible to observe. Many if not most probationers on sex crime probation have the most problem with housing. Now it gets even tougher.

Obtaining housing, either alone or with family in South Florida cities and towns, such as Fort Lauderdale, Pompano Beach and Hollywood may soon be more restricted than most probation and community control rules.

Many towns have by local ordinance increased the State mandated 1000 foot range to 2500 feet. Living if you’re a sex offender or a designated sexual predator soon becomes much harder.

Florida law makes it a crime for sex offenders and predators tot live within 1,000 feet of a school, park or child care facility. Many local towns, such as Fort Lauderdale, Pembroke Pines, Hollywood, and soon West Palm Beach have followed the lead of other Florida cities and counties.

Soon towns may mandate a 2,500 feet distance: a full quarter mile. Nowhere in Broward County can you be more than a quarter mile from a school bus stop.

Probation violations are a problem every convicted felon on probation must deal with.

Contact your local criminal attorney for a consultation. The Law offices of Ralph Behr is available to counsel you or a family member under probation supervision or community control in Florida.