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Sex Crimes Defense

Miami Sex Crimes Defense Attorney

Sex crimes allegations across Miami-Dade and South Florida involve serious legal exposure, sensitive evidence, and consequences that can begin before any case is resolved. Careful, early defense work carries more weight 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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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
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 commonly 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. See our full Criminal Case Timeline for how the filing decision works. 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, generally 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. See our full Bail and Bond Guide for how first appearance and bond hearings work generally.
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 who performed the forensic analysis 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 particular 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 given case require individual analysis.
Will an arrest or charge affect my professional license or job?+
commonly, 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.
How These Cases Develop

How a Sex Crimes Investigation Unfolds

Sex crimes cases commonly 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.

STAGE 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.

STAGE 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.

STAGE 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 particular allegations, evidence, and forum.

Florida Statutory Framework

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. in many cases 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 particular 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 generally 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 turn on what is alleged, who is alleging it, and what the records show. Each one is examined carefully, and the timing of that examination carries more weight than in almost any other category of case.

Reviewing the Allegation

Sex crimes cases commonly turn on statements, timelines, relationships, and surrounding circumstances. The same words can describe very different events. Careful review of what is being alleged, when it is alleged to have occurred, who said what to whom, and what the contemporaneous records show is foundational.

Statements and Credibility

The prosecution commonly 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.

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, independent 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 carries more weight here than almost anywhere else.

Pre-Charge Representation

Sex crimes investigations in many cases begin with interviews, records requests, or referral to specialized units before the accused fully understands the situation. Statements made before counsel is involved generally 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

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.

Sex Offender Registration

Florida law requires registration following many sex offense convictions, with registration duration and conditions set by statute. The particular 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-certain registration questions should be analyzed individually.

Family, Custody, Immigration

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.

Related Defense Areas

Related Criminal Matters

Sex crimes allegations commonly overlap with other criminal exposure. Related areas follow different defense frameworks.

Violent Crimes

Some sex crimes allegations overlap with violent crime charges, including aggravated assault and battery allegations. Combined cases require coordinated defense across both categories.

Learn More →

Federal Crimes

Cases involving interstate elements, online conduct, or federal jurisdictional triggers are charged in federal court. Federal practice rules and sentencing differ substantially from state.

Learn More →

Domestic Violence

Some sex crimes allegations arise within domestic relationships and overlap with domestic violence charges. The two categories share evidence and defense strategy.

Learn More →

General Criminal Defense

For cases that mix sex crimes allegations with other criminal exposure, or are still developing across multiple investigation tracks.

Learn More →
Cities We Serve

Sex Crimes Defense Across Miami-Dade and Broward

Each city carries a different set of local courts, arresting agencies, and case patterns. The pages below cover the particular details that matter in each area.

Speak With Andre

Direct attorney access at (305) 774-7000

Sex crimes cases require careful, early defense work. Initial consultations are free and confidential, with no obligation to retain. Calling early in a matter generally creates more options than calling late.

Client Reviews

What Our Clients Say

Verified Google reviews from clients represented by the firm across Miami-Dade and South Florida. See our full client testimonials page for more.

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Eddy's Dogs aka Eddy's K9 Rescue
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Absolutely recommend this law firm. They handled my case and I was amazed at the attention and information I got. I highly recommend them and will be using their services again.
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Carlos Zaldivar
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Andre is an exceptional lawyer. Andre represented me in a civil case and did an exceptional job when I was told not to bother with a suit. Andre succeeded, and I got my money back. I send all my friends to Andre
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Bob R profile picture
Bob R
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Andre has represented me, my family and friends on several legal matters. He is always available to provide sound, practical advice and more than willing and able to fight for you when necessary. It’s reassuring to have a qualified, experienced lawyer in my corner to protect me and my interests when I need it.

Owner's reply
Bob, thank you. Clients who return and who send their family and friends give me the highest compliment. I’m grateful for your confidence and I’m always here if you need me.
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Phil Glatzer
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As an attorney, I have often referred my clients to André for legal work that I myself cannot handle and everyone has always been very satisfied with his representation. I highly recommend him.

Owner's reply
Thanks Phil. A referral from a colleague who knows the work means a great deal to me. I take every case you send my way seriously, and I’m glad the clients were well served.
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Pedro Carrera
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I can always count on him. An honest lawyer.

Owner's reply
Thanks Pedro.
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Gabriel Hernandez
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Extremely quick and efficient . My ticket was handed and I didn’t have to worry about it once. His staff is also super helpful giving multiple updates on the status

Owner's reply
It's great to hear you were pleased. We are happy we were able to take the burden off your shoulders and resolve your issue for you.
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Andrew Varela
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An amazing attorney who gives every case the care and attention it deserves. His attention to detail is exceptional, and it’s clear that he takes pride in his work and truly cares about his clients. I highly recommend him to anyone looking for a dedicated, thorough, and attentive attorney!

Owner's reply
I really appreciate that Andrew. Thank you.
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Daniel Hernandez profile picture
Daniel Hernandez
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I highly recommend this law firm! I had a ticket, and they kept me updated and got it dismissed. Kaylee was my go-to for communication, and Andre is excellent at what he does.

Owner's reply
Thanks Daniel. I am glad we were able to resolve your issue.