March 2009 :: Jacksonville Criminal Defense Attorney Blog

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Posted On: March 27, 2009

Florida's Romeo & Juliet Law Pt 2: Florida Sex Offender Registry

In Florida until the inception of the Romeo and Juliet Law, statutory rape convictions, meaning sex with a minor, has created more than one victim. In Florida a minor cannot consent to having sex if she or he is 16 or under. What has occurred is that parents get upset that their child has engaged in sexaul intercourse with thier boyfriend or girlfriend that is a senior in high school and just turned 18, so the parent will bring charges. Until the Florida law changed in 2007, these individuals in their late teens early 20s were punished with more than probation, but a life sentence as a "sex offender".
In today's economic crisis with jobs being highly sought after, these individuals are struggling to keep their heads above water simply for choosing to be in a relationship with someone. The Florida Romeo & Juliet Law, which passed in 2007 is designed to protect individuals from the sex offender list when they engage in consensual sex with a minor no more than 4 years younger than the accused and the accused has no other sex crimes on his/her record.
This law does not make it legal to have sexual relations with minors, but merely stops the accused from being held out as a sex offender in society.

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

Posted In: Criminal Law

Posted On: March 23, 2009

Florida vs. Common Sense: Florida Criminal Law

As a Jacksonville, Florida Family and Criminal attorney, I get to see Florida law from a different angle and I have noticed, when it comes to Florida criminal law, common sense seems to have left the building. At least thats the way it appears sitting from my defense table. Defendants are often misinformed that the State is going to see them as a person instead of as a case number and that mitigating factors that make each case different are going to be considered. Not true.
Look at Genarlow Wilson from Georgia.
Genarlow Wilson was convicted by a Georgia jury of aggravated child molestation for receiving oral sex from a consenting 15-year-old at a New Year’s Eve party. For this action, he was convicted and sentenced to a mandatory state prison term of ten years.

Continue reading " Florida vs. Common Sense: Florida Criminal Law " »

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

Posted In: Criminal Law , Drug Charges

Posted On: March 13, 2009

Florida Divorce: Why Custody Plan Evaluations Are Important

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First, the Florida legislature changed child custody to "primary timesharing parent" in October, 2008. However, since most of us are familiar with child custody and custody issues, this article will still address the issue as the historic term, "custody."
In dealing in Florida Family Law, paternity cases and divorces with children, custody issues often arise and the Custody Evaluation is the single most important factor. In Jacksonville, Florida, many judges are relying completely on custody evaluations to determine who should get the majority of the time with the kids. Some Judges only read the conclusions of the custody evaluation to make their decision.
The evaluation is conducted by a professional, (usually someone with a psychology and law background) who will interview the parents, speak with witnesses, talk to the kids, look at school records, etc. Then the evaluator writes a recommendation which is usually quite lengthy if done correctly.
So how do you present well in the custody evaluation? Extend a mental olive branch to the other party. During your interview with the evaluator, do not destroy the other parent with disparaging remarks. Describe the parts of parenting that the other parent does well and be honest in your comments about the children's relationship with their other parent. Then share the things that do concern you because even though the other parent is an overall good parent, tell the evaluator why the children are better off having more time with you.
If there are serious "concerns" such as child abuse, molestation, or similar behaviors, then you MUST disclose those to the evaluator. These concerns should be addressed in a professional manner with the evaluator, by giving examples or reasons for the beliefs. While those issues are difficult to remove yourself from emotionally, try to keep calm when discussing them so the evaluator has all of the pertinent facts and information to further his/her investigation.
Throughout the process, it is important to remain as calm and beievably positive as possible. You do not want to come across as "Donna Reed" when really you're just a working, single mom trying to make ends meet. That goes for you single dad's too, don't try to be Mr. Cleaver, be yourself, but also be the better part of yourself.