The Charges Against the Defendant

It is alleged that the defendant was charged with sexual battery on an individual under the age of twelve. The charge arose from the allegation that he assaulted his former girlfriend’s daughter over the course of four years when he lived with the girlfriend. Prior to trial, the State filed a notice that it intended to admit hearsay evidence in the form of a handwritten note in which the victim described her sexual abuse. Following a hearing, the trial court deemed the note admissible. The defendant was convicted as charged, after which he appealed, arguing, in part, that the court erred in publishing the note.

Hearsay Testimony in Florida Criminal Trials

On appeal, the court held that the admission of the victim’s note into evidence was proper under the Florida Statute Section 90.803(23), which establishes the standard for allowing hearsay statements of child sex abuse victims into evidence at criminal trials. Specifically, the Statute states that the statement must meet certain requirements with regards to reliability. First, it must come from a source that indicates trustworthiness. Second, the content, circumstances, and time of the statement must reflect that it provides adequate safeguards of reliability.

In addition to the requirements set forth in the Statute, a court can consider other factors, like whether the statement was spontaneous or was elicited in response to a line of questioning, whether it was made as soon as possible after the alleged incident, and whether it contained a childlike description or words or terminology the child was unlikely to understand. The court may also weigh whether the statement is vague and the possibility of undue influence on the child to make the statement.

In the subject case, the trial court deemed the note spontaneous and found that there was no motive to fabricate the statement or undue influence on the victim. Thus, it was deemed properly admitted, and the defendant’s conviction was affirmed.

Meet with a Knowledgeable Criminal Defense Attorney in Florida

A conviction for a sex crime can irreparably harm a person’s rights and reputation, and anyone accused of an offense of a sexual nature should meet with an attorney promptly. William Hanlon of Hanlon Law is a knowledgeable Sarasota attorney proficient at defending people charged with sexual battery and other crimes, and if you hire him, he will fight diligently to help you pursue the best outcome available in your case. You can contact Mr. Hanlon through the form online or at 941-462-1789 or to set up a meeting.

The post Florida Court Explains Exceptions to Rule Against Hearsay in Sex Crime Cases appeared first on Sarasota Criminal Attorney Blog.

Facts of the Case

It is reported that the victim was sexually assaulted in her home, after which she attempted to run across the street to her niece’s house. When she was in the street, she was struck by a car and run over several times. The victim’s niece heard a car driving aggressively, which caused her to go outside and investigate. The victim, who was lying on the ground, managed to convey to her niece that she had been sexually assaulted. She was transported to the hospital where she later died.

Allegedly, when the police were investigating the crime, they obtained DNA evidence from a sponge in the victim’s bedroom. They entered the DNA into CODIS, which resulted in a match with the defendant’s DNA. He was subsequently charged with sexual battery and numerous other crimes. At trial, the defendant moved to have the DNA evidence excluded, arguing that his DNA should not have been in CODIS as his prior conviction had been reversed, and his record had been expunged. Thus, he asserted the evidence was the fruit of the poisonous tree and violated his constitutional rights and should be suppressed. The court denied his motion, and he was convicted, after which he appealed.

Inclusion of DNA Evidence in CODIS

On review, the appellate court noted that while the defendant had obtained an order granting his petition to expunge his prior record, which was sent to the Florida Department of Law Enforcement (FDLE), the order did not specifically mention the DNA evidence. The court noted that the evidence presented during the hearing demonstrated that unless the FDLE specifically receives an order directing it to remove DNA evidence, it will not do so.

While the appellate court declined to opine on whether the DNA evidence should have been removed absent an explicit directive, the court nonetheless affirmed the trial court ruling. Specifically, the appellate court rejected the defendant’s argument that the evidence was the fruit of a poisonous tree as it was not obtained via a search or seizure that violated either Florida law or the United States Constitution. Further, the appellate court noted that the defendant had not specified any statute that had allegedly been violated by the retention of the evidence. As such, the appellate court affirmed the trial court ruling.

Speak to a Seasoned Sarasota Attorney

If you are a resident of Sarasota and are currently accused of committing a sex crime, it is prudent to speak to an attorney to assess your possible defenses. William Hanlon of Hanlon Law is a seasoned Sarasota sex crime defense attorney who is adept at helping criminal defendants seek successful outcomes, and he will fight aggressively on your behalf.  Mr. Hanlon can be reached via the online form or at 941-462-1789 to set up a conference.

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Factual and Procedural History of the Case

It is alleged that the defendant was charged with attempted sexual battery and attempted lascivious or lewd molestation, both of which were allegedly committed against a person less than twelve years old. The defendant entered a plea of nolo contendere, after which the court imposed concurrent sentences of twenty years imprisonment, followed by probation for life. The defendant appealed, arguing that the sentences were illegal because they exceeded the maximum penalties set forth by law for second-degree felonies. The trial court denied the motion, and the defendant appealed the denial.

Grounds for Vacating a Sentence in Florida

Under the Florida Rules of Civil Procedure, a court may correct an illegal sentence if the defendant affirmatively alleges that the court records, on their face, establish an entitlement to the relief requested. In the subject case, the court noted that sexual battery on a person under twelve years old is a first-degree felony that is punishable by up to thirty years in prison. Thus, the court found that the sentence of twenty years imprisonment followed by lifelong probation exceeded the statutory maximum and, as such, was illegal.

Specifically, the court noted that a defendant could not accept a plea bargain that exceeds that statutory maximum, and explained that when a combined sentence that includes incarceration and probation exceeds the statutory maximum, the sentence is illegal. The court found, though, that in cases involving injuries to the victim’s sex organs, sexual battery on a person under twelve is punishable by life imprisonment. As the record lacked the information needed to determine if the victim suffered injuries, the court remanded the case to determine if the sentence was appropriate.

Similarly, the court found that the attempted lewd and lascivious molestation was a second-degree felony that was punishable by a maximum of up to fifteen years. As the defendant was sentenced to twenty years imprisonment followed by lifelong probation for that crime as well, the court found that the sentence exceeded the statutory maximum and was therefore illegal. As such, the court reversed the sentence and remanded for resentencing.

Speak with a Trusted Criminal Defense Attorney

If you are a Sarasota resident faced with accusations you committed a sex crime, it is wise to consult an attorney to discuss your case. William Hanlon of Hanlon Law is a trusted Sarasota sex crime defense attorney with the skills and resources needed to help you seek the best results obtainable under the circumstances surrounding your charges.  Mr. Hanlon can be reached via the online form or at 941-462-1789 to set up a conference.

The post Court Discusses Illegal Sentences in a Florida Sex Crime Case appeared first on Sarasota Criminal Attorney Blog.

Procedural History of the Case

Reportedly, the defendant was charged with armed sexual battery. Before the trial, he moved to have the charge dismissed, arguing that it was not filed within the statute of limitations. The court denied the defendant’s motion, and the case proceeded to trial. Following the prosecution’s case in chief, the defendant waived his right to argue the statute of limitations so that the jury could be instructed on the lesser included offense of sexual battery. The State argued that the defendant could not waive the right, and the court agreed, declining to instruct the jury regarding the sexual battery. The defendant was convicted of armed sexual battery, after which he appealed, arguing the court erred in refusing to instruct the jury on the lesser included offense.

Right to a Jury Instruction Regarding a Lesser Included Offense

On appeal, the court stated that under Florida law, a criminal defendant cannot have a charge dismissed pursuant to the statute of limitations and then latter waive the statute of limitations argument as to lesser included offenses arising out of the dismissed charge. In other words, if the defendant gets charges dismissed based on the statute of limitations, he or she cannot then waive the statute of limitations as to other crimes arising out of the same criminal transaction.

The court clarified, however, that a defendant was only precluded from waiving the statute of limitations in cases in which one or more charges were actually dismissed due to the statute. In cases where the defendant’s statute of limitations argument failed, such as the subject case, no such preclusion applies. Thus, the appellate court found that the trial court erred in refusing to instruct the jury as to the lesser included offense and reversed the defendant’s conviction and remanded the case for a new trial.

Confer with a Capable Sex Crime Attorney

If you live in Sarasota and are presently charged with sexual battery or another sex crime, it is prudent to confer with a capable attorney to discuss what defenses you may be able to assert. William Hanlon of Hanlon Law is a dedicated Sarasota sex crime attorney, and if you retain his services, he will work diligently to help you seek the best result available under the facts of your case.  Mr. Hanlon can be reached by calling 941-462-1789 or through the online form to set up a confidential and free meeting.

The post Florida Court Discusses Waiver of Statute of Limitations Argument appeared first on Sarasota Criminal Attorney Blog.

Facts of the Case

It is reported that the defendant lived in the same house as his alleged victim, who was his eight-year-old niece. The victim reported to school administrators that the defendant touched her privates and threatened to kill her if she told anyone. She underwent a physical examination which revealed no injuries. A forensic interview was conducted of the victim, during which she stated that when she was in the defendant’s room, the defendant had placed his finger inside her privates, after which she bled. She also stated the defendant touched her outside of her clothes the day before in the living room.

It is alleged that the defendant was charged with sexual battery and lewd and lascivious molestation of a child under the age of twelve. During the trial, the victim’s out of court statements were admitted under the child hearsay exception. The victim also testified at trial but stated she did not recall the incident she talked about in her forensic interview where the defendant touched her over her clothes. Additionally, the victim testified regarding another incident that was not previously reported. The defendant was convicted on both counts, after which he appealed.

Sufficiency of Evidence of Molestation

On appeal, the court stated that the molestation charge was based on the victim’s out of court statement in which she reported the defendant touched her over her clothes. The court noted, however, that the victim denied knowledge of the incident at trial. Therefore, there was insufficient evidence to support the molestation conviction. Specifically, the court explained that under Florida law, in cases involving child hearsay, a prior inconsistent statement in and of itself is insufficient to prove guilt beyond a reasonable doubt.

Further, the court noted that there was no corroborating evidence to support the out of court statement. As such, the court reversed the defendant’s molestation conviction. The court also vacated the defendant’s sexual battery conviction, on the grounds that it was based in part on evidence of an uncharged alleged attempted molestation.

Meet with an Experienced Attorney to Discuss Your Case

If you are a resident of Sarasota charged with a sex crime involving a child it is essential to meet with a skilled Sarasota sex crime defense attorney to discuss your case and what defenses you may be able to assert at trial. Attorney William Hanlon of Hanlon Law is a diligent criminal defense attorney who will advocate aggressively on your behalf to help you seek the best result possible under the facts of your case. Mr. Hanlon can be contacted via the online form or at  941-462-1789 to schedule a conference regarding your case.

The post Florida Court Discusses Child Hearsay Exception in Sex Crime Cases appeared first on Sarasota Criminal Attorney Blog.

Factual and Procedural Background

Reportedly, the victim lived wither her father and her stepmother during the week, and her mother and the defendant on the weekends. On one occasion when the stepmother picked up the victim after a weekend with her mother and the defendant, the victim was acting strangely. The stepmother asked the victim if anything happened, after which the victim began to cry and reported that the defendant had touched her inappropriately.

It is alleged that the stepmother told the father, who called the police. They then took the victim to a clinic to be examined. The defendant was charged with sexual battery on a person less then twelve years old. In the amended information charging the defendant, the State alleged the defendant committed two acts of sexual battery by causing his genitals to penetrate or have union with the “butt” of the victim. The case proceeded to trial, and during the trial the victim, who was ten at the time, testified that the defendant had contact with her “butt.” She had difficulty remembering things and testified inconsistently as to the precise acts that occurred.

It is alleged that the parties discussed the jury instructions prior to the close of trial. Regarding the elements of the crime, the instructions stated that the defendant committed an act upon the victim in which his sexual organ penetrated or had union with the butt of the victim. Union was described as contact. The defendant was convicted and sentenced to life in prison, after which he appealed.

Errors in Jury Instructions

The defendant argued that the trial court erred in instructing the jury on the elements of sexual battery using the word “butt” rather than “anus,” which amounted to a fundamental error. A fundamental error is an error that affects the validity of the trial, to the extent that the verdict could not have been reached absent the assistance of the alleged error. In cases where an instruction relates to a disputed element of the offense, and the error is material to what the jury must weigh to convict, a fundamental error occurs.

Here, the court noted that sexual battery is defined, in part, as the anal penetration of another person. The court held that the distinction between “anus” and “butt” was critical in the jury’s determination of whether the defendant committed sexual battery. Thus, the court reversed the defendant’s conviction and remanded the case for a new trial.

Meet with a Seasoned Sarasota Sex Crime Defense Attorney to Discuss Your Case

If you are a resident of Sarasota and are facing charges of sexual battery it is essential to meet with a seasoned Sarasota sex crime defense attorney to discuss your case and to develop a plan for your defense.  Attorney William Hanlon of Hanlon Law is an adept Sarasota sex crimes defense attorney who will work diligently to  help you protect your liberties. You can contact Mr. Hanlon at 941-462-1789 or via the online form to set up a meeting to discuss your charges.

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