Category Archives: State Court

Tampa Criminal Defense Attorney Update | Cut, Copy, and Paste Not Florida Porn Violation

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child pornography, cyber, cybercrime,

Child Pornography, Cybercrime,

Cut, Copy, and Paste
“The images . . . are composite images which were crudely prepared by cutting and pasting a photocopy of the head of a minor onto a photocopy of an adult female.”

Cut, Copy, and Paste Not Florida Porn Violation

“child pornography has been defined in the federal statutes to specifically include composite images.” See 18 U.S.C. § 2256(8)(C) (2008).”
Tampa Criminal Defense Attorney reports a decision of the Florida Court of Appeal where, “composite images which were crudely prepared by cutting and pasting a photocopy of the head of a minor onto a photocopy of an adult female.” do not constitute violation of the Florida Statutes. Section 827.071(5) proscribes the possession of child pornography, in pertinent part, as follows: It is unlawful for any person to knowingly possess a photograph, motion picture, exhibition, show, representation, or other presentation which, in whole or in part, he or she knows to include any sexual conduct by a child. The possession of each such photograph, motion picture, exhibition, show, representation, or presentation is a separate offense.

“The images . . . are composite images which were crudely prepared by cutting and pasting a photocopy of the head of a minor onto a photocopy of an adult female.”

The court ruled “If the legislature had intended to proscribe the possession of composite images that simulate lewd and lascivious exhibition of the genitals, it could have included a provision doing so.  In fact, child pornography has been defined in the federal statutes to specifically include composite images.” See 18 U.S.C. § 2256(8)(C) (2008).

 

The Tribune reports, “The U.S. Supreme Court in 2002 overturned a federal law that made computer-simulated child pornography illegal. The high court ruled that because the computer-generated depictions were not the product of the actual sexual abuse of children they were protected by the First Amendment.”
 
You can call Casey at 1-877-793-9290 for a free phone consultation.
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Sources: https://www.2dca.org/opinions/Opinion_Pages/Opinion_Page_2010/December/dec0310.shtml

https://www2.tbo.com/content/2010/dec/03/031558/child-porn-conviction-of-ex-polk-principal-overtur/news-breaking/

Destruction and Spoliation of Evidence | Sanctions

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“The sanctions: Defendant to be imprisoned for up to two years, or
until he paid the attorneys’ fees and costs estimated to be a “significant amount.”

Spoliation of Evidence, ESI, destruction of evidence, Electronically Stored Information,

Spoliation of Evidence
Spoliation

Spoliation of Evidence in Cybercrimes

Florida Cybercrime  Attorney has been researching sanctions for destruction of evidence, also known as Spoliation. The Sanctions: Defendant to Pay Attorneys’ Fees or Serve Two Years Imprisonment for “Egregious” Discovery Misconduct.

 

The plaintiff sought sanctions arising out of the defendants’ intentional spoliation of evidence and other litigation misconduct in this intellectual property litigation. There were eight preservation issues including: use of wiping software; failure to implement litigation hold; failure to preserve an external hard drive; failure to preserve files and e-mails notwithstanding plaintiff’s demands and several court orders.

 

The Judge found through four years of discovery, the defendant had actual knowledge of his duty to preserve, “yet delayed and misrepresented the completeness of the ESI [Electronically Stored Information] production and deleted, destroyed and otherwise failed to preserve evidence.” The Judge then found the destruction “collectively constitute[d] the single most egregious example of spoliation [that he has] encountered in any case & in nearly fourteen years on the bench.”

The sanctions: Defendant to be imprisoned for up to two years, or until he paid the attorneys’ fees and costs estimated to be a “significant amount.”

Sources:

Victor Stanley, Inc. v. Creative Pipe, Inc., 2010 WL 3703696 (D. Md. Sept. 9, 2010)
https://www.krollontrack.com/newsletters/clu-102010/CLU-102010-decisions.html ?news=US_CaseLaw_Oct_10-a&#D1

Automobile Glovebox Search Thrown Out

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Automobile Search, glove box, Search and Seizure

Automobile Search, glove box, Search and Seizure
Search Seizure Automobile

Weapons Found in Car Suppressed

“movements towards the glove box did not justify a search based on officer safety”

 

Florida Defense Attorney just received news of a Automobile Search and Seizure case where the defendant fled from police. The vehicle came to rest. The cop watched the defendant reaching towards the dashboard on the passenger side. Police ordered the defendant to show his hands and step out of the car.

 
The suspect was handcuffed the cops found no weapons on him. Other officers took custody of the defendant. The defendant was separated from his car, in handcuffs, under the supervision of backup officers. The traffic stop cop then seized defendant’s car keys, unlocked the glove box, and found a firearm. The Second District Court ruled that the defendant’s furtive movements towards the glove box did not justify a search based on officer safety. The court held that the law enforcement officer (LEO) could not have reasonably believed that he would find evidence of the defendant s fleeing and eluding in the glove box. Under Arizona v. Gant, the firearm must be suppressed. The case is attached and the firearm statute is below.

Automobile Searched? Tell me about it Toll Free 1-877-793-9290 .

 

 
790.23 Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful.
 
(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been:
 
(a) Convicted of a felony in the courts of this state;
 
(b) Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age;
 
(c) Convicted of or found to have committed a crime against the United States which is designated as a felony;
 
(d) Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and such person is under 24 years of age; or
 
(e) Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year.
 
Source: 35 Fla. L. Weekly D533b (Fla. 2d DCA March 5, 2010) Special Thanks to Rocky Brancato, Associate Attorney Office of the Public Defender 

Resisting Officer Without Violence

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Resisting Arrest Without Violence, 843.02, Resisting officer without violence to his or her person, Resisting Officer Without Violence,

Resisting Arrest Without Violence
843.02 Resisting officer without
violence to his or her person

Resisting Arrest Without Violence

Tampa Florida Criminal Defense Attorney was just reviewing a case of Resisting an Officer Without Violence.  The defendant gave a false name and date of birth DOB  to a cop. The court ruled that was insufficient to support a conviction since the defendant was not under arrest nor was the defendant being lawfully detained when he provided the false information. The defendant should have been acquitted, so says the appeals court. Motion for judgment of acquittal.(JOA) granted.

Resisting or Not? Call me for a Free Phone Consultation 1-877-793-9290 .

843.02 Resisting officer without violence to his or her person.

Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Parole Commission or any administrative aide or supervisor employed by the commission; county probation officer; parole and probation supervisor; personnel or representative of the Department of Law Enforcement; or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

Source: 35 Fla. L. Weekly D368a



BATT1001 BATTERY (VICTIM OVER 65)

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Victim Over 65 Battery, BATTERY (VICTIM OVER 65), BATT1001, 784.03.1A

Victim Over 65 Battery, BATTERY (VICTIM OVER 65), BATT1001, 784.03.1A
Victim Over 65 Battery

If you have been charged with BATT1001 BATTERY (VICTIM OVER 65) you can call a Tampa Criminal Defense Attorney for FREE at 1-813-222-2220  and tell me your story.

Form Code: BATT1001


Florida Statute: 784.03.1A
Level: Fel (Felony)
Degree: 3rd
Description: BATTERY (VICTIM OVER 65)

BATT1001 BATTERY (VICTIM OVER 65) is often charged in Hillsborough County, Florida.

 

Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE


784.03 Battery; felony battery.

(1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.

BATT1006 BATTERY SECOND OR SUBSEQUENT OFFENSE

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Battery Second Offense, BATT1006, 784.03.2, BATTERY SECOND OR SUBSEQUENT OFFENSE

Battery Second Offense
Battery Second Offense

If you were not represented the first time, DO NOT MAKE THE SAME MISTAKE.

If you have been charged with BATT1006 BATTERY SECOND OR SUBSEQUENT OFFENSE you can call a Tampa Criminal Defense Lawyer NOW FOR FREE at 1-877-793-9290 and tell me your story.

Form Code: BATT1006


Florida Statute: 784.03.2
Level: Level: Fel (Felony)
Degree: 3rd

Description: BATTERY SECOND OR SUBSEQUENT OFFENSE

 

BATT1006 BATTERY SECOND OR SUBSEQUENT OFFENSE is often charged in Hillsborough County, Florida.

 

Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE


784.03 Battery; felony battery.

(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

BATT1007 BATTERY (SECOND OR SUBSEQUENT OFFENSE) DV

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Battery Domestic Violence Felony

Felony Battery Domestic Violence
Battery Domestic Violence Felony

“intentionally touches or strikes another person against the will of the other . . .  person who has one prior conviction for battery”

Felony Battery Domestic Violence

If you have been charged with BATT1007 BATTERY (SECOND OR SUBSEQUENT OFFENSE) DV you can call a Battery Defense Attorney in Tampa for FREE at 813-222-2220.

Form Code: BATT1007
Florida Statute: 784.03.2
Level: Level: Fel (Felony)
Degree: 3rd

Description: BATTERY (SECOND OR SUBSEQUENT OFFENSE) DV

BATT1007 BATTERY (SECOND OR SUBSEQUENT OFFENSE) DV is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE

784.03 Battery; felony battery.

(1)(a) The offense of battery occurs when a person:
1. Actually and intentionally touches or strikes another person against the will of the other; or
2. Intentionally causes bodily harm to another person.

(2) A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this subsection, “conviction” means a determination of guilt that is the result of a plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.

ASSA5050 AGGRAVATED ASSAULT ON LAW ENFORCEMENT OFFICER

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Aggravated Assault on LEO, 784.021.1A, ASSA5050, AGGRAVATED ASSAULT ON LAW ENFORCEMENT OFFICER

Aggravated Assault on LEO, 784.021.1A, ASSA5050
Aggravated Assault on LEO

“aggravated assault is an assault with a deadly weapon without intent to kill”

If you have been charged with ASSA5050 AGGRAVATED ASSAULT ON LAW ENFORCEMENT OFFICER you can call an Aggravated Assault  Criminal Defense Lawyer in Tampa  at 813-222-2220  and tell your story.

Form Code: ASSA5050
Florida Statute: 784.021.1A
Level: Fel (Felony)
Degree: 2nd

Description: AGGRAVATED ASSAULT ON LAW ENFORCEMENT OFFICER

ASSA5050 AGGRAVATED ASSAULT ON LAW ENFORCEMENT OFFICER is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE



784.021 Aggravated assault.

(1) An “aggravated assault” is an assault:

(a) With a deadly weapon without intent to kill

ASSA1010 ASSAULT ON A LAW ENFORCEMENT OFFICER

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Assault on LEO Law Enforcement Officer, 784.011, ASSA1010, ASSAULT ON A LAW ENFORCEMENT OFFICER

Assault on Law Enforcement Officer, 784.011, ASSA1010
Assault on LEO
Law Enforcement Officer

“assault” is an intentional, unlawful threat by word or act to do violence to the person of another

Assault on Law Enforcement Officer

 

If you have been charged with ASSA1010 ASSAULT ON A LAW ENFORCEMENT OFFICER you can call a Tampa Assault Defense Attorney at 813-222-2220 and tell me your story.

Form Code: ASSA1010

 Florida Statute: 784.011
Level: Misd (Misdemeanor)
Degree: 1st
Description: ASSAULT ON A LAW ENFORCEMENT OFFICER
ASSA1010 ASSAULT ON A LAW ENFORCEMENT OFFICER is often charged in Hillsborough County, Florida.
Title XLVI CRIMES
Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE

 

784.011 Assault.
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Notice To Appear | Tampa Hillsborough

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Notice To Appear
Tampa Hillsborough Florida

Tampa Defense Attorney just researched Notices to Appear under Florida Law. Florida law allows police to issue a Notice to Appear for misdemeanors or violations of municipal or county ordinances instead of making an arrest. Failure to appear before the court can result in not more than the fine of the principal charge, jail up to the maximum sentence of imprisonment, and the court can punish for contempt of court. Types of Charges include: Possession of Alcohol; I have written before about Open Container Charges in Tampa, Florida.

Notice to Appear? Tell Me Your Story Toll Free 1-877-793-9290 .

Chapter 901 ARRESTS
901.28 Notice to appear for misdemeanors or violations of municipal or county ordinances; effect on authority to conduct search. — The issuance of a notice to appear shall not be construed to affect a law enforcement officer’s authority to conduct an otherwise lawful search, as provided by law.
901.31 Failure to obey written promise to appear.—Any person who willfully fails to appear before any court or judicial officer as required by a written notice to appear shall be fined not more than the fine of the principal charge or imprisoned up to the maximum sentence of imprisonment of the principal charge, or both, regardless of the disposition of the charge upon which the person was originally arrested. Nothing in this section shall interfere with or prevent the court from exercising its power to punish for contempt.