Criminal lawyer warns best friend about statutory rape (light humor)

Fort Lauderdale Sex Crime Lawyer William R. Moore

Attorney William R. Moore, a criminal defense lawyer in Fort Lauderdale Florida, provides explanations of criminal offenses such as domestic violence, drug possession, shoplifting, DUI, reckless driving and driving on a suspended drivers license to name a few. Society Favors ultimately provides an avenue in which viewers (or listeners) can learn about criminal law in a way that is both entertaining and educational.

See Society Favors with Criminal Lawyer William R. Moore

 

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Juror Bias in Sex Cases

Video Broadcast with Lawyer William R. Moore in Fort Lauderdale

Few offenses if any are viewed with more distain by the American people than those involving sex crimes. Problems faced by cruel defense attorneys are compounded when the victim in such a case is a minor. Statistical analysis of cases involving sexual battery on a minor in the state of Florida revealed that jurors are more likely to believe a victim’s testimony over a defendant as opposed to other crimes. Sympathy for the defendant is almost nonexistent in such cases as opposed to violent offenses that are not sexual in nature according to South Florida Criminal Defense Attorney William R. Moore.

Direct communication between lawyer and potential jurors

How a defense lawyer confronts juror biases depends on the facts and circumstances of each case according to Moore. Obviously, the jury selection process is of paramount importance from a tactical standpoint. There is no question that by virtue of the way our legal process works the selection phase is the only avenue whereby a criminal lawyer may confront juror biases by talking to them individually and directly. See the following video for an effective example as to how jurors may rethink their positions as the triers of fact in a sex case.

Educating the triers of fact about the criminal justice process

The voir dire phase of a criminal trial affords an opportunity for the lawyers to weed out biases that will negatively impact their case. This is considered the primary and most paramount issue to be addressed. According to William Moore this is also the best opportunity to get jurors to think more objectively. Although the purpose of jury selection from a legal standpoint is not to educate jurors, the mere fact that you are able to hold a conversation with these people mandates that use take special care in formulating your questions. The defending lawyer should pose questions in such a way as to get the presumptive panel thinking about the ramifications to not only the accused but to our criminal justice system as a whole should they wrongfully convict an innocent person.

Getting potential jurors to discuss legal concepts

Criminal Jury Selection by William R. Moore in Broward County FLI recently did a radio show with former 30 year public defender Drew Atria whereby we discussed ancillary benefits to being conversational with members of the presumptive panel. The way a defending attorney should begin that conversation depends on a great number of factors depending on what has already been learned about them throughout the process. Criminal lawyers are at an advantage in that they are the last ones to question jurors. You go into your questioning already knowing quite a bit about each member of the presumptive panel. Such knowledge is crucial in determining how to facilitate a conversation with a particular person that may or may not be chosen to sit in judgment of your case.

Alleviating fears of each person before the sit in judgement

Every one of these individuals called for jury duty is nervous. If you can get them talking rather than just answering basic questions that nervousness goes away and they become much more comfortable in the process. More importantly, individuals tend to relate to if not feel some small level of connection to a person who alleviated their fear and anxiety in a stressful situation. Take away a potential jurors stress and they are more apt to reward you for it on some level.

For information about how to be on the William R. Moore’s State of Arrest video broadcast or submit a question, contact criminal defense lawyer William R. Moore directly at 954-523-5333. William R. Moore Criminal Defense Lawyers is located at 1 Financial Plaza Suite 2500, Fort Lauderdale FL 33394

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Interview with former sex crimes unit prosecutor

Attorney William R. Moore Criminal Law Podcast

Recently, Attorney William R. Moore interviewed the former lead prosecutor for the Broward County State Attorney’s Office. Now in private practice as a defense lawyer who exclusively handles sex cases, he is undertaken the overwhelming task of seeking legal changes that would allow individuals to more easily obtain removal from the sex offender registry.

See full article: Removal from Florida Sex Offender Registry

Removal from Florida’s sex offender registry

Individuals seeking removal from the sex offender registry upon reaching the 25 year mark are met with significant challenges. First off, any new offense, regardless of how minor, will effectively prevent removal. Violations of probation will result in a denial as well. Currently, there is no significant research that would suggest a reduction in the amount of offenders resulting from the denial of removal petitions filed on behalf of offenders that have lived crime free throughout the course of the 25 year requirement. There has however been significant negative publicity with respect to the amount of homeless registered sex offenders throughout South Florida.

Logic would dictate that it was never the intention of Florida lawmakers to create transients among registered sex offenders throughout the state. Nonetheless, tougher zoning laws that have further restricted offenders from obtaining lawful residence has resulted in a significant homeless problem among a significant number of those on the registry.

Play

To hear the entire interview click on the podcast link above.

For questions or opinions on the matter contact:

William R. Moore Criminal Defense

1 Financial Plaza

Fort Lauderdale FL 33394

954-523-5333

 

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Ecstasy Exchanged for Sex at Correct Care Recovery Solutions?

Broward County ecstasy attorney William R. Moore

A mental health worker at a state psychiatric facility in Pembroke Pines is accused of plying a recovering drug addict with Ecstasy so he would repeatedly have sex with her.

Source: Mental health worker gave patient drugs in exchange for sex, cops say – Sun Sentinel

Recently an arrest in Broward County involved some very unusual circumstances amounting to allegations that a mental health technician exchanged the drug ecstasy for sex with a patient.

The incident took place at the Correct Care Recovery Solutions facility in Pebrokes Pines Florida.  According to Broward County Clerk of Court records,

a mental health technician employed by the facility exchange the illegal drug for 10 to 15 sexual encounters. The alleged victim stated under oath that he had no desire to engage in sex with the defendant and was done so only in an effort to obtain the said illegal substance. The victim further disclosed that the defendant would provide him with the ecstasy pills when she came on shift only to return later in the evening to his room where the alleged sexual encounters took place. On at least two occasions, the defendant required the victim to stand against his facility room door so that no one would be able to enter. It is further alleged that the defendant advised the victim not to tell anyone about the encounters or that he would be removed from the facility. Although currently pregnant, it is unclear whether or not the defendant is pregnant with the alleged victim’s child as a result.

When confronted with the allegations, the defendant claimed that all sexual encounters were consensual. She also claimed that she was aware of the victim’s diagnosis, however, did not believe any mental illness existed and that the victim was faking the illness to beat the system.

Criminal charges have been filed in Broward County to the effect of lewd and lascivious battery on an elderly or disabled person. According to Criminal Attorney William R. Moore, it is highly unlikely that any charges of delivery of a controlled substance will be filed due to the fact that no actual illegal drugs were recovered during the investigation.

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Half a Million Dollar Bond Set for Man Facing Child Pornography Charges

On Monday August 18th 2014 a Broward County Judge set a $510,000 bond for 44 year old Michael J. Bedinotti, a man accused by local authorities for having child pornography on his laptop. Reports claim the laptop holds 50 images of young girls engaging in sex acts.

See Article in Sun-Sentinel

The Deerfield Beach man, is charged with 50 counts of possessing child pornography and one count of illegal use of a computer involving child pornography. According to Broward Sheriff’s Detective Nicole Freeley, the man claims to have never touched a child in a sexual manner and only viewed the child porn out of curiosity.

Florida child sex crimes attorney Jim Weick has handled cases where individuals charged with child pornography has faced severer charges. Weick states “Just because there is no physical act of sexual battery does not mean the court will not penalize the individual.

Individuals convicted of child sex crimes will not only be added to the Florida sexual predators list but also will face fines and possible prison sentences.

Child sex crime laws have some of the most sever consequences for individuals. If you or someone you know is facing child sex crime charges, it is imperative to seek out an experienced sex crime defense attorney. For more information contact our Broward County law office at 954-523-5333

For the Florida Statues involving child pornography:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0847/0847.html
For more information contact our criminal defense firm:

William Moore Criminal Defense Attorneys

1 Financial Plaza #2500
Fort Lauderdale FL 33394
(954) 523-5333

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Hiring an expert in preparation of a criminal case

Use of of experts in preparation of defense by criminal lawyers, by Criminal Lawyer William Moore.

The preparing of a case in defense of an accused varies according to crime type and specific facts. To an accused the process can seem both confusing and overwhelming. To an attorney who has been exclusively engaged in the practice of criminal law, the entire process is second nature. One obvious element to defense case preparation is a thorough review of all evidence regardless of that evidences admissibility. This is because even irrelevant evidence may lead to the discovery of information that tends to strengthen or even establish a viable defense that can be the difference between exoneration and conviction for committing a crime.

Investigating, Discovering and Effectively Presenting Favorable Evidence by a Defending Attorney.

Experienced Criminal Defense Lawyers often use professionals in investigating, discovering and effectively presenting favorable evidence. Expert testimony that favors the defendant may be used by the defending attorney not only in preparation of trial, but also in negotiating a breakdown or even dismissal of the criminal charges against the defendant of whom they represent. The determination to use an expert in the preparation of a client’s defense is often based on rules governing the admissibility of evidence under Florida Criminal Law. This is because opinions may not be expressed and introduced as evidence by witnesses during a criminal jury trial unless they qualify as and are declared an expert by the court. Under Florida criminal law, experts may only testify about their opinions if they fall under their area of expertise. The use of experts out of necessity required significant forward thinking on the part of the criminal defense attorney charged with defending an accused client. It is considered malpractice on the part of the defending lawyer in most circumstances whereby convincing opinion evidence is declared inadmissible simply because counsel was unfamiliar with our Florida Criminal Statutes specific to opinion testimony.

Examples of when a criminal defense lawyer would require an expert in order to present evidence in a criminal trial under Florida law:

– Where an attorney represents a defendant who is charged with possession of a controlled substance and there is evidence that the sophisticated instruments used to test the substance were not maintained, calibrated or operated correctly. – Where the defendant is alleged to have committed a sexual battery on an alleged victim which is corroborated by DNA testing and it is learned by the representing criminal lawyer that the DNA may have been cross-contaminated. – Where a defendant is accused of DUI Manslaughter and represented by a criminal lawyer who wishes to present tire skid-mark and headlamp impact-burn evidence that the accident was caused by the victim. All of the examples above are similar to evidence issues confronted by our lawyers on a regular basis.  Each illustration requires the use of an expert in order to preserve, present exculpatory evidence because: – what a lawyer says in trial is not considered evidence. – a lawyer may not comment on facts or opinions not in evidence. – opinion testimony may only be introduced into evidence through a qualified expert. Lawyers who practice criminal law should employ the use of experts in most circumstances where the client’s resources allow. A few criminal defense law firms employ experts where the area of defense is limited to a specific crime type such as DUI, sex crime and complex fraud or white collar crime.

Advice to Criminal Lawyers in Broward regarding Qualifying Experts

Always remember to explain admissibility issues with the client where an expert is being retained for the purpose of testifying on behalf of the defense at an up and coming trial. Florida criminal courts are generally lenient when it comes to qualifying a witness as an expert. This is most often beneficial to the defense, unless of course, where it is the prosecution who seeks to have an expert certified as same. Certain criminal judges in Broward County have developed a reputation for requiring that the intended expert require significant credentials in order to offer opinion testimony.  Many judges have refused to allow costly experts to testify. If this is even a remote possibility, it is always advisable to prepare the client in advance. Where experts are not independently employed by a defense law firm, a client must be informed prior to their financing an expert’s testimony.

William Moore, Broward County

William Moore Criminal Defense Attorneys have utilized experts of all kinds over the years. For a list of experts commonly employed by criminal lawyers in preparing and arguing the defense of a defendant, see the followup post to this article. William Moore is a lawyer with William Moore Criminal Defense Attorneys: 1 Financial Plaza #2500 Fort Lauderdale FL 33394 (954) 523-5333 Email Attorney William R. Moore at wrdefense@gmail.com, williammoorelaw@aol.com Satellite Office: William Moore Criminal Defense Attorneys: 721 SE 13th St Fort Lauderdale FL 33316 (954) 656-6229

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False Allegations of Sexual Abuse Made by Children

Sex Crimes Defense Attorney Broward County

Do children ever make false allegations of molestation?

Small Children who have been coached to make false allegations of sexual abuse are seldom coached as to the intimate details that would accompany sexual abuse.

According to our Criminal Lawyers in Broward, parents who have coached a child into making allegations of sexual abuse are typically going through divorce proceedings. Such illegal activity is done in an effort to gain an advantage in the family court. According to the partner at our firm who handles sex crime, such fabrications are easily detected provided appropriate steps are taken.

Children Coached to Falsely Accuse is a Crime in Florida.

Continue reading “False Allegations of Sexual Abuse Made by Children”

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Children Coached to Make False Allegations of Sexual Abuse

major sex crimes attorneys south Florida

Small Children who have been coached to make false allegations of sexual abuse are seldom coached as to the intimate details that would accompany sexual abuse.

Children Coached to Falsely Accuse is a Crime in Florida.

According to Criminal Lawyers in Broward County, parents who have coached a child into making allegations of sexual abuse are typically going through divorce proceedings. Such illegal activity is done in an effort to gain an advantage in the family court. According to the partner at our firm who defends Sex Crime, such fabrications are easily detected provided appropriate steps are taken.

Continue reading “Children Coached to Make False Allegations of Sexual Abuse”

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Female vs. Male Victims of Sexual Battery

All statistics obtained regarding the extent of sex crimes in Florida conflict with one another.

One study conducted in Florida revealed that male victims of rape fear a perceived stigma by both the public as well as investigating police detectives. According to William Moore, an Attorney in Broward County, This fear becomes non-existent when certain facts accompany the offense regardless of gender. Both male and female victims are far more likely to report a sexual battery committed against them when the following factors were present according to Attorney Moore:

1. The offender is a stranger
2. A crime such at robbery accompanied the sexual assault
3. Heightened physical violence during the sexual assault

Why are Female Victims of Sex Crimes are almost two times more likely than males to report crimes such as rape in Florida?

Continue reading “Female vs. Male Victims of Sexual Battery”

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Florida Cab Driver Accused of Raping a Passenger

Florida pedicab driver George Brainard has been accused of raping his passenger after she refused to pay him with sex according to Florida Sex Crimes Lawyer Jim Weick.

How the Events Unfolded That Day

According to The Daytona News-Journal, the victim was attending an event at the Daytona International Speedway with some of her friends on Friday, February 21st, 2014. At the event, she became separated from her friends. She shouted out for Brainard for a ride.
Brainard told the lady that he would not charge her if she agreed to have sexual intercourse with him. When she refused, the cab driver forced her into a wooded lot near the Speedway and assaulted her. The victim fortunately, managed to escape. In fact, she was spotted emerging from the lot with her clothes in a disheveled state by another pedicab driver, Nick Colavito. She was crying uncontrollably and screaming for help, as Colavito informed WFTV later on. Sex Crime Attorneys emphasize that State prosecutors will file charges for false imprisonment in case where a victim was forced into a location or kept against their will, even for a moment.

Continue reading “Florida Cab Driver Accused of Raping a Passenger”

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