Federal Sex Crimes Lawyer in Miami
Our Florida federal defense attorneys can help your case
Florida’s penalties for sex crimes are among the strictest in the United States. Justice calls for those who commit heinous crimes against others to be penalized proportionately. However, a baseless and outright false accusation may immediately bring about negative, sometimes irreversible consequences if a person is wrongfully accused of a sex crime. Accusations of a sex crime can even destroy the reputation of the accused before his or her trial begins. Individuals who have been falsely accused of a sex crime should immediately contact a Miami sex crimes defense attorney who has extensive experience with sex crime cases. A qualified attorney will work proactively to limit damage to the reputation of the wrongfully accused in addition to providing legal counsel and protection throughout each step of the legal process.
Floridians who are accused of committing a sex crime may panic and feel tempted to avoid discussing the case apart from providing information to police. Nevertheless, it is critical that the accused retain counsel in the critical first stages of the investigation as the accused party may be more vulnerable to police intimidation and coercion when communicating with investigators. Generally, prosecutors and investigators exercise a heightened level of care when handling sex crimes. However, the system by which these crimes are investigated and prosecuted is not without bias. In some cases, people who were accused of crimes are later found to have been coerced into self- incrimination. Therefore, an individual who has been accused of an offense as serious as a sex crime should never speak with anyone prior to calling trustworthy counsel.
Types of cases we defend
At Joffe Law, our reputable sex offense attorneys are committed to providing high-quality, client-focused representation for people who are accused of all types of federal or state sex crimes in Miami. The types of cases we represent include:
Do not say anything that might incriminate you. Speak with an attorney first.
Chat room charges
Chat rooms are commonly used by police when they are in pursuit of predators online. Officers may use images and make up scenarios to attract people who are predisposed to committing sex crimes against minors. However, in some cases, officers go too far and actually target a person who is not predisposed to committing these types of crimes. In fact, police may create scenarios to entice a person to commit a crime where one would not have otherwise existed. In these cases, the accused party may use the entrapment defense. Individuals who are accused of a sex crime based on chat room conversation should immediately consult a federal defense attorney to determine whether entrapment may have taken place.
Human trafficking
As lawmakers increase their efforts to combat human trafficking, the potential increases for people who unknowingly play a marginal role to face conviction for very serious offenses. Individuals and business that are involved in transporting trafficking victims may be subjected to criminal prosecution, even if they are unaware that trafficking is taking place. We can help you protect your reputation and prove your case if you have been wrongfully accused of participating in child or human trafficking activities.
Child molestation
False allegations of child molestation are especially detrimental to a person’s reputation. These accusations can have professional implications and often cause strife between family members. If you have been wrongfully accused of molesting a child, we can help you clear your name and protect your legal rights.
Child pornography
Child pornography charges are very serious. However, images are transmitted across the internet with great speed and little restriction. Therefore, stumbling across prohibited content in an email or by unintentionally clicking on a link are situations that can easily lead to illegal images being accessed and stored on an individual’s computer without his or her intention to view pornographic images. If you have been falsely accused of intentionally possessing or distributing illegal images of children, our Miami child pornography attorneys will gather the necessary information to build a solid case for your defense.
Date rape
Rape crime statistics are among the most difficult to measure with accuracy. On one hand, victims are often reluctant to file charges; therefore, instances of rape are largely under-reported. However, on the other hand, there are sometimes cases in which an individual is wrongfully accused of rape and must fight against criminal prosecution. Disproving a rape allegation may be especially difficult because there are typically no witnesses, and physical evidence is often lacking. An experienced Miami date rape defense attorney can help individuals who are facing wrongful allegations navigate the complex process of proving innocence of a crime that is typically very intimate and secretive in nature.
Failure to register
If a Florida resident has pled guilty of a sex offense, he or she may be required to enter his or her name into the state’s list of registered sex offenders. Failure to register or make necessary updates can result in additional criminal penalty. In some cases, failure to register may not be intentional. For example, the individual may be unable to report to register in person due to illness or disability, or he or she may even be unaware that registration is required in his or her case. From time to time, the state may also make a mistake that may impact a person’s status on the registry. Because a failure to register charge may result in a person’s loss of freedom, it is important to contact a lawyer immediately if facing accusation.
Federal cases
In Florida, there are several crimes that can be upgraded to federal charges with relative ease. These charges carry a minimum sentence of 15 years, Therefore, the stakes are even higher for people who find themselves wrongfully accused. Moreover, the FBI and U.S. Marshals may become involved in the case, thus heightening the intensity of the investigation. Individuals who find themselves facing accusations of a federal crime should not hesitate to contact an experienced sex crimes attorney in Miami like Joffe Law. We will work tirelessly to protect your rights and to help you avoid wrongful conviction.
Indecent exposure
Indecent exposure is a crime in which the outcome may vary greatly, depending on a number of deciding factors. In Florida, the prosecutor must establish the accused person intended to expose his or her genitals in public in a manner that is vulgar. One of the most common situations in which an indecent exposure charge is questionable is public urination. Your attorney can help prove your case by establishing that one of the critical requirements of an indecent exposure charge was missing.
Lewd and lascivious offenses
Under its lewd and lascivious statutes, Florida prohibits inappropriate touching of children under 16. If the contact falls short of child molestation, it is considered to be lewd and lascivious. While lewd and lascivious touching of a person under the age of 16 is s strict liability offense, the accused may overcome the charge if he or she establishes that he or she has been falsely accused or that the conduct lacked lewd or lascivious intent. For example, if a woman is of a culture that practices breastfeeding for an extended number of years, her conduct does not meet the definition of child molestation, nor would it likely meet the definition of the lewd and lascivious statute because the behavior lacks sexual intent.
Prostitution
In some cases, individuals may be arrested during prostitution stings as a result of proximity. Oftentimes, when police make multiple arrests during a raid or sting operation, they bring people into custody first and ask questions later. Therefore, simply being in a targeted area or associating with certain people can lead to a person being mistakenly arrested for prostitution. Moreover, criminal conviction can have a lasting effect and damage the person’s employment prospects and reputation. If you have been falsely accused of prostitution, we can help you avoid the public stigma that is associated with an arrest for prostitution.
Solicitation of prostitution
Requesting or suggesting that a,person engage in sex in exchange for money is illegal in Florida. However, an individual may avoid conviction if the charge is the result of mistaken identity or entrapment. Solicitation cases often involve undercover police officers who attempt to engage potential johns in areas in which prostitution activity is high. For example, a person may meet an undercover officer in a social setting and begin generally discussing becoming sexually involved. If the person offers to pay for a nearby hotel room, he or she may avoid conviction by establishing that he or she thought the conversation and agreement to pay for the hotel were part of a decision to engage in non-commercial sexual activity. A Miami attorney can help an accused person understand the fine lines that are often involved in an entrapment defense.
Pimping and pandering
Florida prohibits third parties from promoting, facilitating, or making money of another person’s prostitution. In order to be convicted, the person is required to have known prostitution was taking place. For example, an individual who arranges parties or operates a club may charge an entry fee without knowledge that the venue or events are being used to facilitate prostitution. The club owner or event organizer will likely not be charged with pimping and pandering if he or she can prove lack of knowledge of the activity. Those who are falsely accused of pimping pandering may learn about potential avenues of recourse by contacting a Miami sex crime defense lawyer. Our attorneys can do the investigative work and present evidence to establish your defense and help restore your reputation.
Sexting
Florida teens may be charged with the crime of sexting if a person under the age of 18 is caught sending or receiving images depicting nudity or sexual behavior involving minors. The law recognizes that a minor may receive unsolicited nude or otherwise illegal images. In these cases, the accused party must show he or she did not solicit, transmit, or distribute the photo or video and took reasonable steps to report it.
Other related cases our federal attorneys handle
We also take on tough cases involving:
- Rape: an offense covered under Florida’s sexual battery law, but includes penetration of the victim’s mouth, vagina, or anus by a sex organ or another object
- Sexual assault: also classified as sexual battery, a crime that is defined by unwanted touching; penetration is not required
- Sexual battery: a term that, under Florida law, generally encompasses unwanted touching, including rape.
Penalties vary by case type
Beyond damaging the reputation of the accused, sex crimes carry severe penalties for those who plead guilty or are convicted. Jail time, monetary fines, federal imprisonment, and required registration on Florida’s sex offender list for a minimum of 25 years are common ways in which convicted offenders are sentenced. Offenses that involve children call for more severe sentencing. Being classified as an offender can automatically restrict an individual from working in certain professions, attending certain educational institutions, and even residing in certain areas.
Proven defense strategies for tough cases in Miami
Based on our extensive knowledge and track record with handling federal cases in Florida, a Miami sex offense lawyer can help assess whether the charges against you are false and if your rights have been violated during police questioning or preliminary investigation. We will employ a professional team of investigators, legal staff, and attorneys to respectfully counsel you and guide you through the legal process. Because the American legal system is required to treat the accused as if they are innocent until proven guilty, we will work on your behalf to hold the court system to that standard and to ensure that no infringement on your rights takes place.
Being accused of a federal crime means your personal and professional reputation as well as your freedom are on the line. Related allegations are not to be taken lightly; therefore, it is imperative that a person who is wrongfully accused contact an attorney as early as possible. Our Miami sex crime defense attorneys are available to provide a free case evaluation to help you determine how to proceed with building your defense. We proudly represents those accused of offenses in Miami and throughout Florida.