Gary:

Technically no, but again, keep in mind, it's a whole case about circumstantial intent. Knowing that to be the case, if you do have a legitimate interest in rendezvousing with a 19 year old, you have to make it clear, and they're not going to leave alone. If they're law enforcement, they're going to try to push it. Sometimes they may go further and start saying things along the lines of a sister joining in sexual relations. To avoid arrest, you have to be explicitly clear that you're absolutely not interested in the young person.

There are certain things to know about Entrapment in Florida. It's up to the defendant to show that they were entrapped, because entrapment is basically saying," I committed a crime, but I committed it because the cops went too far". So, the first thing you have to show is inducement, which is that you only did what you did because of the police. Then if you can show that the State has to come back and show that you were pre-disposed of the crime regardless of the cops pushing too hard. In a lot of these situations, the defendants have no prior convictions. If you can convince a judge that there wasn't inducement, and that the cops went too far, many times the State is not going to prove that you are pre-disposed to the crime. You have a shot of getting a case thrown out for the entrapment.

Donavon:

We know how aggressive a DA can be in internet sex crimes: extremely aggressive. They're dealing with an unprotected class of people, a crime that most people consider heinous. They know 9 times of 10 for jury is a slam dunk, so why would they drop the charges?

Gary:

They weren't convinced that they didn't go too far. At a certain point, one of the charges they always try to throw to people in these things is solicitation.

Donavon:

In some situations, the State didn't have enough evidence to say that an individual was traveling to go meet a minor for sex. They knew that wasn't the case, they didn't have the evidence to prove. Why didn't they just drop the case. Why does the DA not just dropped cases?

Continue to Part 4 >>

Recent Criminal
Case Results

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

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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

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No Information Notice - Charges Dropped

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Nolle Prosequi - Case Dropped

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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

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Case Dropped

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Nolle Prosequi - Case Dropped

Battery

Charges Dropped

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

Motion to Terminate Probation Granted

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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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$125,000

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$275,000

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$100,000

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$100,000

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