Bill:

Could you list out some typical defenses involving travelling to meet a minor case?

Gary:

Well there is the role-play defense; there is the subjective entrapment defense and objective entrapment defense. Another defense that's coming up in these cases is, they're going under a theory that the person posting the ad is either a parent, a guardian, or legal custodian of the kid that's being pimped out, the fake kid. But sometimes they're messing that up and what they're doing is encouraging them to meet up with their (made up) little sister, or my niece, or my little girlfriend, and all of that does not tract the statute. So, that's the way the cops are coming at the investigation - that's the problem for law enforcement.

Bill:

Right, you've listed what I understand, objective entrapment, role play, subject of entrapment. I believe what you're calling, you didn't say it, but is it the custodial argument?

Gary:

Right, there is lack of custodial relationship, then there's issues with regards to, there is a movement right now, where several defense attorneys are trying to attack the constitutionality of the statute, just say that it's unconstitutional, restriction on free speech.

Bill:

And are there is also constitutional talk. That can't be popular; I don't see the judges buying that are they?

Gary:

So far to my knowledge there has not been a judge in Florida that has gone along with that argument. And while I do believe it, we'll probably going to have to wait and see as these cases get resolved, when that issue goes up on appeal, I'm hoping that we can get a fare minded decision from the appeals court.

Recent Criminal
Case Results

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped

Battery

Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed

Dismissed

Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication

Granted

Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped

VOP for DUI

Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

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Recent Personal
Injury Settlements

$125,000

Scooter Accident

$275,000

Car Accident

$100,000

Car Accident

$300,000

Government Liability Case

$100,000

Back Injury

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