Florida Criminal Attorney Blog

Jeffery London was arrested for sexual battery last week. He is being held without bail bond at Broward County Jail. It is unclear whether or not he has hired a criminal defense attorney to represent him in this case.

According to news reports, the sexual battery charges come after an 18-year-old who had lived with London told a friend from church that London had sexually abused him for the 10 years that he lived with the youth pastor.

The boy alleged that London rewarded him with money or video games for sexual acts. The boy's mother had left him in London's care when he was only 8 years old due to financial hardship.

London, 48, was arrested at his home when he returned from the Bible Church of God in Fort Lauderdale where he had just conducted a bible study there.

London has a history of working at religious and youth organizations. He served as the dean of students at the Eagle Charter Academy in Lauderdale Lakes for 6 years, from 2003-2009. Investigators on the case said that London may have also worked at other local schools and churches. There is no record of London having worked with Broward county schools.

London also was a motivational speaker, anti-drug activist, and skit and playwright for children. In fact, he was known in Fort Lauderdale for taking in underprivileged boys.

Continue reading "Jeffery London Arrested for Sexual Battery in Fort Lauderdale, Florida" »

Carissa Rangel was arrested in Fort Lauderdale, Florida for lewd or lascivious battery, lewd or lascivious conduct, lewd and lascivious molestation, and violation of probation. A judge set her bail bond on the lewd or lascivious battery charges at $25,000, but denied her bond on the probation violation. Rangel was also ordered not to contact the 13-year-old. No word yet on whether or not she has retained a private criminal defense attorney.

According to a police affidavit, the alleged victim, a 13 year old boy, told authorities that he and Rangel went outside his family's apartment, where she kissed and fondled him, exposed herself and urinated on the ground. They then went inside, where Rangel told the boy to lock the door to his bedroom before the two engaged in unprotected sex.

The mother of the teen said she heard moans coming from his bedroom at about 1:15 a.m. and that when she checked on her son, she caught the two having sex in his room. She also says that when she caught Rangel, Rangel told her that she was "getting it done right."

The mother kicked Rangel out of her home and immediately notified authorities.

The teen told police that he had had unprotected sex twice before with Rangel in the City of Hobe Sound. While Rangel is not a stranger to the victim's family, her relationship with the family is unknown.

While lewd or lascivious battery cases between women and teenage boys are uncommon, they are prosecuted just the same as cases where a grown man is the alleged offender.

Contrary to most people's misconception, the "victim's" consent and willful participation in the sex act is not a defense to lewd or lascivious battery. In fact, that is main difference between sexual battery (aka "rape") and lewd or lascivious battery.

Continue reading "Carissa Rangel Arrested in Fort Lauderdale for Sex with Minor" »

Joe Paterno is dead at 85. Penn State sex scandal coach died this morning after succumbing to lung cancer. According to news reports, Joe Paterno was diagnosed with lung cancer in mid-November. The diagnosis came after a follow-up visit to his doctor's office for a bronchial illness.

There is no doubt in my mind that the stress imposed by the Penn State sex scandal played a significant role in Joe Paterno's death.

Obviously I don't say this directly. Rather, I am sure his immune system took a major dip while under the mental and emotional stress of the sex scandal. At his age, it is no surprise that an underlying illness, likely on the brink of explosion, broke the surface following a major emotionally stressful event.

From a criminal law perspective, this means that Joe Paterno will not be able to testify in any trials. At this early stage in the case, it is unlikely that he has even given a sworn statement in the form of a discovery deposition.

While I am not a Pennsylvania lawyer, the Florida Rules of Evidence do permit the perpetuation of a deceased witness's sworn statement under very limited circumstances.

If this case were to go to trial and those circumstances were met, a transcript or a video (if one was made) of the statement would simply be admitted into evidence and presented to the jury.

Continue reading "JOE PATERNO DEAD: How it Effects the Criminal Case" »

Raymond Vincent was arrested in Fort Lauderdale on Tuesday on three counts of lewd or lascivious molestation on a victim under 12. Vincent, who works at McDonalds, was booked in the Broward County Jail. He was denied bail bond at his first court appearance on Wednesday.

There is no forthcoming information yet as to whether or not he has a criminal defense attorney.

The victim, who talked to police about the crimes, indicated that she was molested three times between May 2011 and January 15, 2012. She said that after all three incidents, Vincent instructed her not to tell anyone what he had done. According to the affidavit, the last incident occurred when Vincent offered the girl food to get her into his apartment. Once she was inside, she washed her hands and Vincent inappropriately touched her and tried to get her to sit on his lap. The child indicated that this was typical for each incident.

Unfortunately, this is not the first time Fort Lauderdale has seen sex offenders who target children.

The recent high-profile case where a 15-year-old girl was allegedly raped on a cruise ship by Luiz Scavone, 20, and a minor companion occurred on a vessel that embarked from Fort Lauderdale.

Continue reading "Raymond Vincent Arrested for Lewd and Lascivious Molestation in Fort Lauderdale" »

A sexual assault sting in Osceola County, Florida netted 40 arrests for Attempted Lewd or Lascivious Battery on a Child, Travel to Seduce Child to Commit Sex Acts, Use of a Computer to Solicit Child for Sex, and Possession of Alcohol by a Minor. The undercover operation was designed to catch adults pursuing sex with minors on the internet.

Given the extremely serious nature of these offenses, those arrested should hire a private criminal defense attorney who has experience dealing with sexual offenses, especially lewd and lascivious molestation charges.

Those arrested include professional golfer Stephen Wesley Thomas, middle school teacher Alexander Roy, swim coach Bryan Woodward, and a handful of college students.

The sting, dubbed "Operation Red Cheeks," ran for one week between January 8-16.

Some, who thought they were talking to parents or guardians during the sting, were also charged with Use of a Computer to Seduce/Solicit/Entice a Parent, Legal Guardian or Custodian of Child to Commit Sex Acts of the Child and Travel to Seduce, Solicit, or Lure a Parent, Guardian, or Custodian to Consent to Commit Sex Acts with a Child.

Continue reading "40 Men Arrested in Osceola County, Florida Child Sex Sting" »

Luiz Scavone, 20, was arrested Fort Lauderdale, Florida, earlier this week for lewd and lascivious battery. Also arrested was an unnamed 15 year old boy. Both are accused of raping a 15 year old girl aboard the Royal Caribbean Cruise Lines ship called the Allure of the Seas. It is not yet known if Luis Scavone or the boy are represented by a criminal defense lawyer in Fort Lauderdale.

According to local news sources, the girl and her family set sail from Fort Lauderdale on a ten-day Royal Caribbean cruise aboard the Allure of the Seas. On the last night of the cruise, the girl went to "Fuel," an onboard teen club. Shortly before 2:00 o'clock in the morning, she was approached by a boy her age about a party being held in his cabin. The girl thought she would be meeting up with friends in his room and agreed to go with him.

However, much to her surprise, an adult male was waiting for her when she arrived at the room. The girl tried to leave the room by explaining that she had a curfew, but Luis Scavone and the 15 year old boy allegedly kept her against her will.

The girl claims that Luiz Scavone and the 15-year-old boy then raped her. As soon as she was able to leave the room, she immediately reported the rape to the cruise ship officials. According to a Royal Caribbean spokeswoman, the incident was immediately reported to the FBI and the Broward Sheriff's Office.

Continue reading "Luiz Scavone Arrested in Fort Lauderdale, Florida for Lewd and Lascivious Battery" »

Stephen Saftler was arrested in Fort Lauderdale, Florida for possession of child pornography charges. Based on the nature of the charges and the fact that he is accused of possessing more than 800 images of child pornography, Stephen Seftler's bail bond was set at $100,000.

According to an unnamed criminal defense lawyer who represented Stephen Saftler during his bond hearing, Saftler has been a resident of Broward County for more than 20 years and has never been arrested before.

Based on my experience litigating possession of child pornography cases, I can tell you most of these matters arise after a person has become a member of a file sharing network.

Sometimes, defendants do not realize they are sharing their personal collection of images and videos, simply because they lack computer savvy. This is most common with older offenders.

However, if there was intentional file sharing, this is sometimes evidence by online chats between the offender and the undercover detective.

Regardless, cases like these tend to be pretty black and white from an evidentiary perspective. Either the images and videos are child pornography or they are not.

From there, the most effective defenses come from a person's Constitutional Right to remain silent and their freedom of privacy.

Continue reading "Stephen Saftler Arrested in Fort Lauderdale, Florida" »

I can't believe what I have heard. In an interview with Bob Costas, Jerry Sandusky admitted to showering with children and "horsing around" with them. When asked out right if he found children sexually attractive, Sandusky provided a delayed response instead of an unequivocal "no."

Any normal person falsely accused of a child sex offense would respond with an immediate and and unequivocal answer in the negative.

Even more surprising were the moronic statements made by his lawyer, Joe Amendola, who described Sandusky as a big kid and a jock, stating that "Showering with kids does not make him guilty."

As a criminal defense lawyer, all I did was cringe as I listened to these moronic interviews.

In the world of criminal defense, making statements like these at this stage of the case is akin to a wide receiver intercepting a pass and running the wrong way down the field... on purpose.

It was major folly to reveal their strategic position because there is no way to know what prosecutors can prove and cannot prove this early on in the case.

Continue reading "Jerry Sandusky's Defense is Moronic" »

This is the third and final segment on our series concerning the arrest of Jerry Sandusky for child sex abuse charges. Specifically, this series was intended to address the rapid conclusion so many have drawn about whether or not he is guilty.

As a criminal defense attorney, my role is not to judge guilt or innocence. But as a criminal justice attorney, I am interested in understanding why and how people make the decisions they do when reading about criminal conduct in the media.

In this final segment, I will discuss how criminal defense lawyers can best represent Jerry Sandusky in the ensuing legal battle that he must engage in. Guilty, innocent, or otherwise, Jerry Sandusky has the right to counsel and he has no choice but to invest all he can in his freedom.

This section will address those issues.

For good reason, criminal cases are not litigated in the media or in the public eye. Rather, they are litigated in courtrooms where allegations must be proven using verified evidence (such as forensic evidence and eye witness testimony) and not hearsay, speculation, or other evidence that either waivers or vacillates in its meaning.

Jerry Sandusky needs to hire the best legal team possible. At this stage, he needs to invest everything he has in keeping himself out of prison.

Preserving his wealth or his retirement is not an option at this point. If his case is not handled correctly, he will have no chance at a free life.

Continue reading "Part 3: Why Americans Think Jerry Sandusky is Guilty (Penn State Sex Abuse Scandal)" »

As is already well known, Jerry Sandusky was arrested for child sex abuse charges. In Part 1 of this series, I shared my impressions as a criminal defense lawyer in response to the overwhelming belief that most people have concerning Jerry Sandusky's guilt in this matter.

In this section, I will discuss how we, as people, draw such conclusions in one case, but not in another. I think it is an interesting subject and certainly is one of great importance to anyone involved in the criminal justice system.

Basically, a person will ask two fundamental questions before they make a decision. First, is the claim plausible? Second, can the claim be verified?

In between these two points lies a distance of leeway. The amount of leeway afforded will vary from instance to instance. A person's tolerance for leeway will also vary depending on the nature of the claim and the magnitude of it is scope.

The more improbable a claim is, the less leeway afforded and the more verification required.

Continue reading "Part 2: Why Americans Think Jerry Sandusky is Guilty (Penn State Sex Abuse Scandal)" »

Jerry Sandusky was recently arrested, as many of you already know, for alleged child sex abuse. To make matters worse, two Penn State school administrators are also charged with covering up a report of child sexual assault that was allegedly witnessed in the showers. Since his arrest, Sandusky has been released from jail on a $100,000 bail bond.

For those who do not follow college football, Jerry Sandusky is the former defensive coach for Penn State. In fact, he was so well regarded that many touted him as the eventual successor of Joe Paterno, Penn State's head coach.

But Joe Paterno doesn't have clean hands in this scandal either. News media is reporting that he was made aware of the sexual assault in the showers too. He may have reported it to school officials, but it appears from the news that he failed to report it to police.

Penn State's athletic director, Tim Curley, 57, and vice president for finance and business Gary Schultz, 62, were charged with perjury.

At the present time, Sandusky is facing seven counts of involuntary deviate sexual intercourse, eight counts of corruption of minors, eight counts of endangering the welfare of a child and seven counts of indecent assault.

From my perspective as a criminal defense lawyer, I believe this case has all the makings of a presumed guilty child sex case. Meaning, most normal people who hear the allegations will immediately presume Sandusky is guilty without ever reviewing a single shred of evidence.

Continue reading "Why Americans Think Jerry Sandusky is Guilty (Penn State Sex Abuse Scandal)" »

Michael Anthony Torres was arrested in Fort Lauderdale, Florida for Possession of Child Pornography. He is presently being held on $75,000 bail bond.

According to news reports, Michael Anthony Torres is accused of sharing child pornography on an online file sharing network. Based on my experience as a criminal defense lawyer, I can tell you that prosecutors will likely begin plea negotiations in the area of 10 years.

From there, it is up to Michael Torres' criminal defense attorney to work on the case and find grounds that would justify either a reduced plea agreement, a change of charge, dropping of charges, or trial.

Regardless, this type of possession of child pornography case is extremely common, and frankly, I find it shocking that people still use these online networks, knowing that they could get into a lot of trouble.

Continue reading "Michael Anthony Torres Arrested in Fort Lauderdale, Florida for Child Pornography" »

Curtis Leo Barber was arrested in West Palm Beach, Florida for possession of child pornography. According to news reports, Curtis Barber worked as a traffic control employee for Palm Beach County. It is unknown if he is represented by a criminal defense lawyer at the present time. As a result of his arrest, he is facing two counts of transmission of child pornography and three counts of computer pornography and child exploitation.

At the present time, Curtis Barber is being held on a $6,000.00 bail bond.

According to a press release by the State Attorney's Office, Barber used a social networking site to transmit sexually explicit messages and photographs to an undercover officer allegedly posing as a 15 year old boy.

Strangely, the two also communicated using web camera sessions over the internet. This may sound like a statement of the obvious, but how did the undercover officer keep up the ruse of being a 15 year old boy if he is an adult?

The press release also mentioned that Curtis Barber engaged in these acts at his county office and using a government issued internet account.

Continue reading "Curtis Barber Arrested for Child Pornography in Palm Beach, Florida" »

Rickey Orelle Masters was arrested in Hollywood, Florida for possession of child pornography. He is presently being held on a $55,100 bond. According to news reports, Rickey Masters was arrested after police discovered he had been allegedly sharing child pornography over the internet using a file sharing program.

As a criminal defense lawyer who handles possession of child pornography cases, I can tell you that this scenario is extremely common. In fact, if it were not for file sharing networks, many offenders would go undetected by law enforcement.

However, insofar as Rickey Masters is concerned, his case boils down to three legal issues. First, Masters needs to get a bond posted so he can get out of jail pending resolution of his case.

Possession of child pornography is a very serious offense, however, it is not one that legally requires pretrial detention. While bond in these cases are usually set very high, it is possible to motion the court for a bond reduction.

Continue reading "Rickey Masters Arrested for Child Pornography in Hollywood, Florida" »

Harve White was arrested in Hollywood, Florida for possession of child pornography. According to police, Harve White allegedly possessed approximately 900 images of child pornography.

Pursuant to Florida Statutes, White can be charged with one count for each and every image of child pornography he possessed. As a result, the laws that control criminal sentencing in Florida will require a minimum prison sentence that undoubtedly exceeds White's natural life.

As a practicing criminal defense lawyer in Fort Lauderdale, I can tell you prosecutors will ask for a minimum of 10 years in prison as a plea bargain. Given White's age and the very large quantity of child pornography he allegedly possessed, I would not be surprised if prosecutors offered him a plea bargain of 15 years in prison or more.

According to news reports, the child pornography was recovered after police served a search warrant on Harve White's house early yesterday morning. Police claim that 300 images of child pornography were recovered from a computer and 600 additional images were recovered from a hard drive.

White supposedly admitted to viewing the child pornography on the computer using a file-sharing program.

As a Fort Lauderdale criminal defense attorney, this case scenario is one that is extremely common and is one I have litigated many times in the past. Based on my experience defending people against such charges, I can tell you that Harve White may have some very formidable defenses.

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