Donavon:

Hypothetically, if I were walking to a bank, and I had the means to rob that bank, I had the note, and a weapon, and I walked in, and I walked in to the lobby, and I said no, not going to do this, and I leave the bank, have I committed the crime?

Gary:

No, and that's an excellent point. That's called renunciation, and that's absolute defense to attempt to a bank robbery. But the way they drafted this statute is, as soon as you get one step up to door, even if you change your mind you're still technically guilty. They've taken the abandonment defense away from us by the way they drafted a statute. This abandonment defense basically exists in every other attempted crime in Florida.

The other thing, in the context of drugs, there is actually some case law, federal and state, which says they're not allowed to use sex to get someone to commit a crime. For example, if I am an undercover officer, and I'm saying, I will sleep with you, if you bring me whatever amount of cocaine, that's improper.

Donavon:

It scares me, because being an African-American, and I don't really like that term, OK, but it's politically correct, there was a time that same moral outrage was directed at my race of people. There was manipulation of the law. Laws didn't applied like they applied to everybody else.

We were protected on the Constitution, just like everybody else. I'm always afraid when something like this happens, because if you can do it to this sector of people, these class of people who enjoy online role play, who else can you do it to. When does it stop? If we are a nation of laws, and we do live under the Constitution, why is it OK to apply the laws only when we are not morally outraged. When you're accepted in a community, but if you're in a sector of a non protected class, the Constitution no longer applies to you. Why does that happen?

Gary:

You said that wonderfully. What use is the Constitution if it doesn't apply to unpopular subsection of the population, and that's exactly why it's important.

Donavon:

I do think it's important, because a lot of people believe that we live in a democracy, that we are democratic nation. We're not a democratic, we're Republic. And we don't want to live in democracy, under those guys, because a democracy is through mob rule, which means mob rule can say you have free speech this year, and then it is voted out next year. We live in a Republic, because there is certain right that cannot be removed from you, no matter what.

Your constitutional rights can't be voted away, they can't be taken away, and when things go against the Constitution, that's what raises an eyebrow with me. Yes, there are things that are constitutional but still morally outrage people. Once again, I still say, it's the best system going, if we follow it.

Continue to Part 8 >>

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

More Cases

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

More Settlements