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Sex Crimes Defense

Miami Sex CrimesDefense Attorney

Sex crimes allegations involve serious legal exposure, sensitive evidence, and consequences that can begin before any case is resolved. Careful, early defense work matters more in this category than in almost any other.

Speak with counsel before responding to investigators. Statements, records, and electronic communications can affect the case before formal charges are even considered. Early representation protects defense options.
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35+
Years of Practice
Florida Bar member since 1989
1989
Florida Bar Licensed
University of Miami School of Law
State & Federal
Court Admission
SDFL (1991), MDFL (2001)
Boutique
Practice Model
Direct attorney involvement
How These Cases Develop

Three Phases of a Sex Crimes Investigation

Sex crimes cases frequently begin before formal charges are filed. The phase of the investigation determines what defense work is possible and how much time the defense has to act. Early counsel preserves options that close once the case advances.

01

Pre-Charge Investigation

Initial complaint, interviews, records requests, and digital evidence review. The accused may or may not know the investigation is happening. Counsel should be engaged before any contact with investigators.

02

Charging Decision

The State Attorney's Office or U.S. Attorney's Office reviews the investigation file and decides whether to file charges, decline, or refer for further investigation. Defense work at this stage can shape the outcome.

03

Post-Charge Litigation

Once charges are filed, the case proceeds through arraignment, discovery, motion practice, and trial preparation. Litigation strategy is tailored to the specific allegations, evidence, and forum.

Florida Statutory Framework

Three Categories of Florida Sex Crimes Cases

Sex crimes allegations in Florida fall within different statutory categories under Florida Statutes Chapter 794, Chapter 800, and Chapter 847. The category affects evidence, defense strategy, and how the case is investigated and litigated.

Florida Chapter 794

Sexual Battery Allegations

Cases brought under Florida's sexual battery statute. Often turn on consent, identification, witness credibility, forensic evidence, and timeline reconstruction. Each case requires individualized factual analysis.

Florida Chapter 800

Lewd or Lascivious Conduct Allegations

Allegations under Florida's lewd or lascivious statutes, including conduct, exhibition, molestation, and battery. Defense work focuses on the specific conduct alleged, the witnesses involved, and the records that exist.

Florida Chapter 847 / Federal

Digital and Online Allegations

Cases involving electronic communications, online platforms, or digital evidence. Federal jurisdiction often attaches under 18 U.S.C. statutes. Forensic analysis, chain of custody, and digital evidence review are central.

Defense Approach

How a Sex Crimes Case Gets Defended

Sex crimes cases are different from other criminal cases. The evidence is often sensitive, the witnesses are often few, and the consequences begin before any case is resolved. The defense work that produces good outcomes happens in four areas, and the timing of that work matters more than in almost any other category of case.

Reviewing the allegation carefully and in context. Sex crimes cases often turn on statements, timelines, relationships, and surrounding circumstances. The same words can describe very different events. Careful review of what is actually being alleged, when it is alleged to have occurred, who said what to whom, and what the contemporaneous records show is foundational. The narrative the prosecution proposes from a complaint is rarely the only narrative the underlying facts support.

Testing statements, credibility, and motive. The prosecution often relies heavily on a single complaining witness, sometimes years after the alleged events. Statements may have been given in interviews under pressure, in family conflict, in divorce or custody disputes, or after coaching. Inconsistencies in statements over time, motive to fabricate or exaggerate, and gaps in corroboration are all legitimate areas for careful, respectful examination.

Analyzing records and digital evidence. Phone records, text messages, social media, location data, surveillance, and forensic results can either support or undermine the allegation. Chain of custody, search and seizure questions, expert review of forensic findings, and the scope of any digital evidence search are all areas where defense work can substantially affect the case.

Pre-charge representation matters more here than almost anywhere else. Sex crimes investigations often begin with interviews, records requests, or referral to specialized units before the accused fully understands the situation. Statements made before counsel is involved often become the strongest evidence at trial. Engagement of counsel before responding to investigators, before producing records, and before any voluntary statement is the single most consequential decision in many of these cases.

Collateral Consequences

What These Cases Affect

Sex crimes allegations carry consequences that extend beyond the criminal case itself. Some begin at the investigation stage, before any charges are filed, and many continue after the case is resolved.

Pretrial restrictions. Bond conditions in sex crimes cases routinely include no-contact orders, restrictions on where the accused may live or travel, electronic monitoring, no internet access, and stay-away requirements. These conditions can affect employment, housing, and family contact during a case that may take a year or more to resolve.

Professional and licensing exposure. Many professional licenses, including medical, legal, teaching, and child-care credentials, require reporting of arrests and have disciplinary processes that can begin before a conviction. Federal contracting status, security clearances, and educational program admissions can be affected at the investigation stage.

Florida sex offender registration. Florida law requires registration following many sex offense convictions, with registration duration and conditions set by statute. The specific requirements depend on the offense, the disposition, and the statutory category. Registration is governed by Florida Statute § 943.0435 and related provisions, and any case-specific registration questions should be analyzed individually.

Family, custody, and immigration consequences. Family court matters, custody arrangements, and immigration status can all be affected by sex crimes allegations and convictions. Coordinated defense should account for these collateral exposures from the start, not after the criminal case ends.

Common Questions

Frequently Asked Questions

Should I speak to investigators if I am being questioned about a sex crimes allegation?+
No. Statements made before counsel is involved often become the strongest evidence at trial, especially in sex crimes cases where the accused's account in early interviews can be contrasted with later, more careful testimony. Politely decline to answer questions and request to speak with an attorney before saying anything else, including informal explanations or attempts to clear up a misunderstanding.
Can a sex crimes investigation be resolved before charges are filed?+
Sometimes. Pre-charge representation can affect how the case is investigated, what is presented to the prosecutor's office, and whether charges are filed. Outcomes at this stage may include declination, no-file decisions, or substantially narrowed charges. The opportunity is highest before charging and shrinks once charges are filed.
What happens if I am contacted by a specialized unit or task force?+
Contact from a specialized unit, including child protective investigators, special victims units, or federal task forces, typically signals an active investigation. Engaging counsel before responding, before producing records, and before any interview is critical. Statements and documents produced at this stage can substantially affect the eventual case.
Are sex crimes cases ever handled in federal court?+
Yes. Cases involving electronic communications across state lines, online platforms, or interstate elements may be charged in federal court. Federal practice rules, the U.S. Sentencing Guidelines, and the U.S. Attorney's Office process all differ from state court. Federal sex offense cases require federal-experienced defense counsel.
What are pretrial bond conditions in a sex crimes case?+
Bond conditions in sex crimes cases routinely include no-contact orders, residency and travel restrictions, electronic monitoring, internet restrictions, and stay-away requirements. These conditions can affect employment, housing, and family contact throughout the case. Defense work at first appearance can shape the conditions imposed.
How are records and digital evidence handled in these cases?+
Records and digital evidence are central in many modern sex crimes cases. Phone data, text messages, social media accounts, location data, and forensic results can either support or undermine the allegation. Chain of custody, the scope of any search warrant, and the qualifications of any forensic expert all matter. Defense should preserve digital evidence early and review the prosecution's evidence carefully.
Does Florida require sex offender registration after a conviction?+
Florida law requires registration following many sex offense convictions, with the specific requirements set by statute under § 943.0435 and related provisions. Registration duration, conditions, and reporting obligations depend on the offense, the disposition, and the statutory category. Registration questions in any specific case require individual analysis.
Will an arrest or charge affect my professional license or job?+
Often, yes. Many professional licenses (medical, legal, teaching, child-care, real estate, and others) require reporting of arrests and have disciplinary processes that can begin at the investigation or arrest stage. Federal contracting status and security clearances can be affected. Coordinated defense should account for these collateral exposures from the start.
Can a sex crimes case affect family court or immigration matters?+
Yes. Family court proceedings, custody arrangements, divorce cases, and immigration status can all be affected by sex crimes allegations and any resulting conviction. Defense strategy should be coordinated with family and immigration counsel where applicable, and parallel proceedings should be managed carefully.
Do you handle sex crimes cases outside Miami?+
Yes. The firm represents clients across Miami-Dade County and throughout South Florida. Federal sex crimes cases are handled in the Southern and Middle Districts of Florida.
Speak With Andre

Direct attorney access at (305) 774-7000

Sex crimes cases require careful, early defense work. Pre-charge representation, before any contact with investigators, can substantially affect how the case is handled and the options available.

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