February 2009 :: Jacksonville Criminal Defense Attorney Blog

An attorney in our Jacksonville, Florida law firm was the first attorney to get an individual's name removed from the Florida Sex Offender List based on the 2007 Romeo and Juliet Law. In Florida, criminal convictions of 17 to 18 year olds placed the tee on the Sex Offender List for having intercourse with their younger boyfriend or girlfriend. Prior to Florida adopting the Romeo & Juliet law, the law failed to distinguish between consenting teenagers and molestation of an adult with a child.
If an 18 year old, senior in high school dated a 16 year old, junior, and participated in consensual sex with that partner, the law deemed the 18 year old a sex offender or predator. Usually, the mother and/or father of the younger participant disapproved of the relationship and filed charges against the 18 year old. Upon the 18 year old's admittance of intercourse, the teen would be convicted and required to register as a sex offender for the remainder of his/her life and face the day-to-tay difficulties of any other sex offender.
In July 2007, the Florida legislature passed Florida Statute 943.04354, the Romeo and Juliet Law. Persons may qualify to petition for removal from the sex offender registry if prior to the enactment of this law, teenagers were convicted of a violation of a Sexual Battery under Florida Statute 794.011 or convicted as a Lewd and Lascivious person less than 16 years of age, under Florida Statute 800.04 . Under both of these laws, the teen was required to register as a sexual offender SOLELY on the basis of a conviction for one of those offenses. A harsh punishment for someone less than 4 years older than the "victim" that was their boyfriend or girlfriend at the time.
Many laws are not retroactive, meaning they do not change what has been done in the past, however, the Romeo and Juliet Law can sometimes be used to remove individals that were victims of the old law, from the Sex Offender list . Contacting a Florida lawyer is the first step to detemrining whether you or someone you know qualifies for name restoration.

Posted by Keith L. Maynard and Michael A. Atter | Permalink | Email This Post

Posted In: Criminal Law

In Jacksonville, Florida, police are losing the "war" on drugs. According to the FBI, in 2007, almost 2 million people were arrested on drug charges. Marijuana was the cause of almost 1 million of those arrests. Of those nearly 1 million arrested for marijuana related offenses, 89% were arrested for mere possession of marijuana.

Marijuana charges can result in drivers license revocation, job loss, professional licensing revocations, governmental aid revocations and more. Additionally, an arrest requires a defense in court. In the United States, the government has spent billions on the war on drugs which has created the additional expense of prosecuting all of the increased arrests. According to the FBI, 20% of the inmates in State prisons are there for drug related offenses. In 2008, Jacksonville has seen a dramatic increase in drug related arrests due to the increase of law enforcement in high drug areas. The drugs business is a big business for all involved including the government. In 2008, First Coast News 12 reported that a local man entered a McDonald's and attempted to pay for his meal with marijuana! The McDonald's employee called 911 and the man was arrested and in need of a good defense.

Posted by Keith L. Maynard and Michael A. Atter | Permalink | Email This Post

Posted In: Criminal Law