Showing posts with label Defense. Show all posts
Showing posts with label Defense. Show all posts

Sunday, January 17, 2010

Florida Statutory Rape Laws - Ignorance Age is not a legal defense

Sexual intercourse where one partner is designated an adult and the other is a subordinate in law as statutory rape. In the case of Florida, a sexual offense law, an adult person as someone aged 24 and older. A minor is defined as persons under 18 years.


Florida Statute Title XLVI Crimes Chapter 794 Sexual Battery 794.05 - unlawful sexual activity with certain minors. This law makes it a crime 24 years of age or older have for each sex with a 16 or 17Years old. The ignorance of age must not be raised as a defense for this crime.

QUESTION: Does that mean that anyone aged 18 to 24 having sex with minors under 18 can have?

ANSWER: No, it does not work.


Florida Statute Title XLVI Crimes Chapter 800 fornication; Indecent Exposure - 800.04 Lewd or lascivious offenses committed on or in the presence of persons under 16 years: This law makes it a crime of the second degree, for "APerson "18 years or older in sexual acts with a person 12 years of age or older but less than 16 years.

Florida Statute Title XLVI Crimes Chapter 827 child abuse 827.04 contribution to the delinquency or dependency of a child, states that a person 21 years of age or older who commits impregnates a child under 16 years of an act of child abuse, a criminal offense, the third stage.

Sexual abuse of laws intended to protect youngPeople.

Knowing that jail is a possible consequence holds many (but unfortunately not all) are for adults sexually involved with minors. If the offense is committed on a minor already is protection in the form of punishing the perpetrators, usually with a criminal offense.

The problem is that most minors who feel that sexual relations with adults are rarely victims, and therefore do not feel the need to protect. As a result, parents that their underage children of suspectssexually active with older adults are faced with a dilemma. When they report their suspicions to the authorities, the report sets in motion a legal long and complicated process that alienated them from their children in general.

If they do not report the suspicion, they may feel they are in one of their most important tasks as parents: not to protect their children from possible dangers.

Do you suspect statutory rape?

If you have children and you suspect that your minor childsexual relations with an adult you have every right to decide how to deal with this situation. Depending on your child's maturity level, would you choose to speak openly about the possible consequences and then some time to enable them to find a solution themselves.

Or do you feel it necessary to take legal action. If so, collecting data, the relationship now. Read your child journals, dairies, SMS and e-mail logs and copies of all relevant information,especially anything which is dated before your child the chance to have destroyed evidence. If you think there is evidence on a computer you need to make a backup of your hard drive, too. If you do not know how to do this, find someone who does.

Reporting statutory rape in Florida

The general procedure for reporting suspected cases of statutory rape in the state of Florida is as follows:

Start with the reporting of suspected breach of statutory rapethe sheriff's office or local police. Based on the findings of law enforcement agencies usually either dismiss the case if insufficient evidence is provided, and sets the case on hold until resources may be spent, or to initiate an investigation immediately.

An investigation involves collecting the names of and interviews with all participants, including witnesses and following up leads and new information learned a result of the survey. A review of theAll evidence is to be carried out.

This examination is inconclusive, the case will probably be removed at this time. However, if the investigation finds that a violation has taken place of the Florida statutory rape laws, the case to the appropriate district office of the Prosecutor's Office for prosecution.

Once under the jurisdiction of the Prosecutor's Office, Prosecutor taking sworn testimony from all witnesses. From there they area determination of whether the charges should be filed. If necessary, the specific costs further identified. The prosecutor's office then files a case with the Clerk of Courts, an action that means the beginning of the prosecution phase.

Nobody really wins in court

If all this sounds overwhelming, I remember there is a better way. Keep open the lines of communication, helping to statutory rape from developing countries in the first place. So comeRight thing to do and talk openly, honestly and regularly with your child.

Tuesday, December 8, 2009

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Friday, October 30, 2009

Massachusetts DUI Defense

Getting arrested for DUI, taken to prison, still photographs, fingerprints and can be a humiliating process that the perpetrator may leave confused, angry and anxious. A DUI charge can have serious consequences. A conviction could lead the offender loses his license, a fine, possible jail sentence, loss of insurance, or even more cut off from the insurance company and having problems when applying for a job.

According to the laws of Massachusetts, there are at least 20various challenges that DUI charges can be levied. Thus the offender with many different options will help to a reduction in the rates. DUI Lawyers, the prosecutor may speak of an agreement on a plea for the minimum sentence allowed by law of Massachusetts, or they can help is to be the case.

The fact that all of the District Attorney has to prove is that the perpetrator was drunk to drive a car or that the blood-alcohol ratio is exceeded allowable limits, allMore reason to take a well-known DUI lawyer. The lawyer may be the case and force District Attorney to prove challenging, that the arrest made the arrest properly, that the offender has been duly informed of his rights, that the equipment used was working properly and also that the person has been certified with the equipment to operate it.

All these facts can strengthen the case and to go a long way in assisting the defendant to return hisFreedom and hold the license.

The defense can also be made with the District Attorney, the defendant's attorney the names and addresses of all persons offering, which he plans to use as witnesses and their testimony recorded. This will help the lawyer of the accused prepared right questions. Moreover, the prosecutor may be forced to information or material that he / she shows that the defendant may ask Guilty As Charged, orto help the defendant may receive a lighter sentence.