Lakeland Violation of Probation Attorney and Criminal Law Firm

In the United States, there are an incredible 5 million people today who are on probation or parole, according to the Bureau of Justice Statistics. In turn, the violation of probation has become an increasingly common criminal charge.

If you are charged with probation violation, it helps to know that many people have faced similar accusations, allowing our lawyers at Fulmer Law, PA, to develop experience defending these cases. Actually, the statistics related to violation of probation conviction and imprisonment are quite shocking. According to the nonprofit Justice Fellowship, one out of every two American prisoners is incarcerated because of a parole or probation violation – making up half of the total prison population.

To defend against violation of probation charges, Arthur C. Fulmer, Jr., uses a comprehensive understanding of Florida case law and statutes. Some of the most important statutes related to probation violation include two parts of the Probation and Community Control chapter under the Criminal Procedure and Corrections title: the description of violations (“Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision”: Title XLVII, Chapter 948.06) and the provisions listing the parameters of probation (“Terms and conditions of probation”: Title XLVII, Chapter 948.03).

Sex Crime Defense FAQs

A sex offender, or sexual offender, is defined under Florida law as a person who has been convicted of certain sexual crimes, whether in Florida or elsewhere. Generally speaking (see full details on the official Florida website), adults who get convictions for any of the following must register: most cases of sexual battery (F.S. 794.011); human trafficking (F.S. 787.06(3)); certain activities understood as “sexual misconduct” (F.S. 393.135(2), 394.4593(2), 916.1075(2), and 985.701(1)); most cases of digital pornography(F.S. 847.0135); illegal sexual interaction with (F.S. 794.05), kidnapping (F.S. 787.01), false imprisonment of (F.S. 787.02), improper video capturing of (F.S. 810.145(8)), luring and enticing (F.S. 787.025(2)(c)), hiring as a prostitute (former F.S. 796.03), sex-related purchasing or selling of (former F.S. 796.035), sex-related performance by (F.S. 827.071), or obscene behavior in the presence of (F.S. 847.0133) children; buying or selling of children for pornography (F.S. 847.0145), sending child pornography via digital means (F.S. 847.0137), or sending pornography to children (F.S. 847.0138); inappropriate (lewd and lascivious) behavior in front of either a child under age 16 (F.S. 800.04) or a disabled/elderly person(F.S. 825.1025); or illegal debt and racketeering crimes (F.S. 895.03) that involve illicit sex activity.

Sexual predators are strictly delineated by Florida law. The term refers to anyone who has a conviction for a violent sex crime (F.S. 775.21) and has a court order describing them as a predator. The term may also refer to someone who has been involuntarily committed for mental health (per the Florida Jimmy Ryce Sexually Violent Predator Act) with a court order assigning them predator status.

If you are considered a sexual predator or sex offender according to Florida law, you must go to your local sheriff to register. The following personal details will be required: your photograph, name, birthdate, social security number, home address, all personal phone numbers, email addresses, and “internet identifiers” (typically usernames for online accounts), employer and workplace address, race, sex, height, weight, eye color, hair color, fingerprints and palm prints, tattoos or other unique features, details related to your car, criminal record, and passport/ immigration paperwork and specifics related to any professional licensure. In most cases (except as described in Chapter 119, F.S.), all those elements become public record.

Depending on the crime, you will have to return to the sheriff to re-register either every six months or every three months (F.S. 943.0435(14)(b)) for the rest of your life. Whenever you move or change your name, you need to get a new driver license within 48 hours. You will be listed within the searchable public sex offender portal, the Florida Sexual Offender/Predator Registry (F.S. 775.21 and 943.0435).

The so-called “Romeo & Juliet Law” (F.S. 943.04354) provides exceptions that allow a person not to have to register as a sexual predator or offender if the sexual interaction was consensual, the victim’s age was at least 13 and no more than 4 years younger than the person, and it is your only registerable sex crime – provided that your petition is approved by the court.

If you have been accused of a crime that may fall under the Romeo & Juliet Law, then you must call Art Fulmer for a FREE consultation now! Mr. Fulmer has experience in this area of law and will provide you the best defense in Polk County!

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