Dade City & Zephyrhills Lewd & Lascivious Behavior Attorney
Lewd or Lascivious offenses (L&L) are very serious in the State of Florida. If convicted of a Lewd or Lascivious offense, an offender may receive a sentence up to LIFE in prison. Additionally, the offender will have to register with FDLE as a Sexual Offender or Sexual Predator for life.
The four different types of L&L offenses are as follows:
- Lewd and Lascivious Battery
- Lewd and Lascivious Molestation
- Lewd and Lascivious Conduct
- Lewd and Lascivious Exhibition
Florida’s Lewd or Lascivious laws can be found under Florida Statute 800.04.
For more information on each type of L&L offense and the potential penalties, contact a Dade City & Zephyrhills lewd & lascivious behavior attorney.
Prison Sentences for First-Time Offenders
According to the Florida Criminal Punishment Code, an offender with no prior record of any kind, if convicted of either L & L Molestation or L & L Battery, will score a minimum prison sentence at the bottom of Florida’s sentencing guidelines.
A SUSPECT SHOULD NOT TALK TO THE POLICE UNTIL AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY IS RETAINED.
Assemble Your Legal Team As Early As Possible During the Investigation
Do you know how you would respond if you are approached by a police officer and he wants to ask you questions?
Do you know your rights? How will you respond to the questions? How will you respond if an officer asks you to take a polygraph test or submit to a DNA test?
Your decisions and actions during the investigation in response to these common scenarios may give the police the evidence they need to arrest you based on probable cause that you committed a Lewd and Lascivious offense.
If you are confronted with one of the above scenarios you should consider retaining an experienced criminal defense attorney with specific experience defending Lewd & Lascivious offenses before deciding how to respond. You have the right to have an attorney present and you have a right not to incriminate yourself or a right to remain silent. We suggest saving our phone number in your cell phone now.
The experienced Lewd & Lascivious lawyers at the Madonna Law Group are available to offer guidance during this crucial stage of the investigation. If you are a suspect in an L&L investigation, you need to assemble your legal team as early as possible. Our criminal defense attorneys have extensive experience in dealing with law enforcement officers and prosecutors during Lewd & Lascivious investigations. Call 352.567.0411 to schedule a free initial consultation.
You Cannot Be Forced to Give a Statement to the Police or Detective
If you are the subject of a Lewd and Lascivious investigation, the police probably will attempt to obtain a verbal or written statement from you. Sometimes the officer will read the suspect his Constitutional Rights or Miranda warnings. In many instances the officer does not read the suspect his Miranda warnings because the officer believes the law doesn’t require it. Frequently, the police officer or detective will attempt to obtain the statement from a L&L suspect in a casual and relaxed setting without Miranda warnings. This law enforcement interview technique is done this way for two reasons.
The first reason is to make the suspect comfortable and to get the suspect to talk openly. The second reason is to avoid having to read the suspect his Miranda Warnings out of concern the suspect will invoke his rights and demand an attorney before questioning. Keep in mind that an officer is not required to read a suspect his Miranda warnings during consensual encounters. A consensual encounter occurs when a suspect is free to leave but doesn’t leave and agrees to answer the questions. Also, be aware that officers are allowed to lie to you when they interview you. This is also a technique that law enforcement officers use to get a suspect to admit details of an incident. Additionally, interviews may be recorded without your knowledge and others times they are not. If you are confronted with this situation, you have the right to remain silent and talk with an experienced criminal defense attorney before making any statements.
Sexual Offender/Predator Lifetime Registration Requirements if Convicted
Any person convicted of a Lewd or Lascivious offense would be declared either a sexual offender or sexual predator and be forced to comply with sexual offender/predator registration laws in Florida and throughout the United States
Defenses that cannot be used in Florida Lewd or Lascivious Cases
- The alleged victim’s past sexual experience or lack of chastity cannot be used as defense.
- Even if the alleged victim is a prostitute, that fact in most cases will be ruled inadmissible.
- The alleged victim’s consent cannot be used as a defense in L&L cases.
- The belief that the alleged victim was of legal age. It is not a defense if the alleged victim lied about his/her age or the perpetrator had a good faith reason to believe the alleged victim was of legal age.
Our Pre-Trial Investigation and Preparation for Trial
Our experienced and skilled criminal defense lawyers know the importance of investigating and preparing a case for trial. The discovery process in a Lewd & Lascivious case is just as crucial in a case as the trial itself. Our attorneys, investigators, and legal researchers will thoroughly investigate and research your case, the alleged victim, and any witnesses. All pieces of evidence will be evaluated for admissibility and challenged if necessary.
Our attorneys also prepare extensively for the taking of depositions of those listed by the State of Florida as witnesses. Information obtained under oath at depositions often result in more favourable negotiations with prosecutors.
If the prosecutors still will not waiver by reducing or dismissing the charges and a trial is necessary, our Lewd & Lascivious defense attorneys are competent and will vigorously defend your case in front of a jury.
Florida Statute 92.565 Replaces Corpus Delicti in Lewd or Lascivious Cases
The Doctrine of Corpus Delicti states that before a defendant’s confession or admission is admissible at trial and heard by the jury, the prosecution must be able to show that a crime actually occurred by showing the existence of each element of the crime.
The following is a common scenario in Lewd & Lascivious investigations. One person accuses another of an L& L offense, the police have no physical evidence to prove the case, and before trial the complainant recants. However, before the complainant recants, the subject of the investigation admits details or confesses when interrogated by the police. In the past, this scenario left the prosecution with no choice but to drop the charges because without the victim’s testimony they could not prove each element of the case, leaving only the defendant’s inadmissible confession or admission. Recently the Florida Legislature replaced the Doctrine of Corpus Delicti with Fla. Stat. 92.565. Now, a dismissal is much more difficult to obtain if the complainant recants. This change now allows the jury to hear a defendant’s admission or confession if the court determines that the prosecution is unable to show the existence of each element of the crime and further finds that the defendant’s admission or confession was trustworthy. This newly enacted statute is another reason why citizens should know that they have the right to remain silent and not make any statements without first consulting with a competent criminal defense attorney.
Free Initial Consultation on Lewd or Lascivious Offense Allegations
Call (352) 567-0411 today to speak with a Dade City & Zephyrhills lewd & lascivious behavior attorney. Our firm is in Dade City, located in Pasco County, Florida. We are located directly across the street from the Pasco County Courthouse. The Madonna Law Group also represents clients involving criminal matters in but not limited to Hernando County, Sumter County, Citrus County, Hillsborough County, Polk County, and Pinellas County, including Tampa, Brooksville, New Port Richey, Clearwater, St. Petersburg, Lakeland, Bushnell, Bartow, and Plant City. We will defend you anywhere in the State of Florida.