To be found not guilty as pled according to the defense of renunciation means a defendant is not considered to be guilty of an offense or is not likely to be labelled as an accomplice provided the defendant informs law enforcement in enough time to allow them to prevent a possible crime in progress. Additionally, the defendant is found to have ended his or her participation before the actual commission of the crime and the defendant’s actions, up to the point when he or she ended involvement, did not contribute to the commission of the crime.

Abandonment or withdrawal laws do vary from state to state and it is vital you connect with an experienced criminal defense attorney in order to navigate your way through the criminal justice system. A skilled attorney is able to mitigate your charges, reduce them or even get them dropped, depending on the circumstances of the case. The one common denominator in all states, however, is that the person charged must be able to show they abandoned their criminal intent and genuinely attempted to stop others from committing a crime.

Typically when the defense of renunciation is brought forward, the prosecutor attempts to prove the abandonment was not voluntary and only occurred because something came up that made the plan to carry out a crime difficult.

Renunciation as a defense against a criminal charge is also known as abandonment and withdrawal. If the defense is successfully pled, it may prove that a defendant is innocent. The main key to pleading this defense is that the abandonment or renunciation must be wholly voluntary. In other words, the criminal must not renounce intentions to carry out the crime as the result of considering that he or she may get caught or because the crime could not easily be carried out.

A defense mounted in a situation where a charged individual voluntarily renounced their goal to carry out a crime or attempted to prevent a crime from happening is referred to as an affirmative defense. The renunciation of one individual does not affect a group of individuals where the others did not also abandon their criminal intentions. It is important to note that abandonment is not a defense to an attempt charge. An attempted crime is one where an individual was interrupted before completing the specific crime.

Refer to Florida Section 777.04(5)(a) Florida Statutes (2004) for further information on the Abandonment Defense.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

Lee’s arrest followed a long investigation into his online life and persona. According to the local sheriff’s office, the county computer crimes unit discovered the suspect online as he attempted to solicit erotic favors from young men. A police officer posed as a 14-year-old boy and responded. Over the course of several emails, the suspect began asking the “boy” to meet with him for sex. A meet-up was arranged at a named location in Escambia, and when the suspect arrived, he was taken into custody. Police were unwilling to let the investigation linger, as Lee had allegedly made references to some of his very young patients during the exchanges.

Members of the Internet Crimes Against Children Task Force, launched to protect children against online predators, were present at the arrest. FBI agents, Pensacola detectives, Sheriff’s deputies and special agents attached to the Florida Department of Law Enforcement arrested and identified the suspect as family physician Brian Lee, the owner and operator of Perdido Bay Family Care. He was given no bond.

Upon further investigation, law enforcement uncovered evidence that Lee may have engaged in similar conduct with other young boys. They have put out a call to the general public asking for anyone who may have been involved with the physician to contact them.

In Florida, Statute 847.0135(4) states that any individual who travels any distance with the intention of engaging in illegal acts laid out in Chapter 794, 800 or 827 Florida Statutes — such as unlawful sexual conduct with a child or sex with another person “believed” to be a child — is guilty of a second-degree felony. These statutes apply even if the suspect was lured into a meeting through an electronic service.

Solicitation charges may also be filed against a parent, guardian or custodian who allows a child to participate in the sexual activities enumerated in the above statutes.

A number of defenses may be applicable for those facing such serious charges. A criminal defense lawyer should immediately acquire a complete record of any chat logs used as evidence against an alleged child predator.

The log may reveal illegal procedures, including entrapment and inadequately supported search warrants. The alleged offender’s intent and extenuating circumstances must also be taken into account. The testimony of a computer expert, if warranted, may also be of use in a defense.

No matter the charges, every person has the right to an attorney’s criminal defense. Not every individual who is arrested and/or charged is guilty of a crime. Never judge alleged offenders by their charges.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense attorney or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

Bail agents in Florida are regulated by Chapter 648, Florida Statutes and Chapter 69B-221, Florida Administrative Code.  A limited surety agent is the name of the license issued to bail bond agents in Florida.  Just as when an individual seals or expunges their record, a potential bondsman has to be fingerprinted and undergo a background check.  This is when having a criminal record causes problems for someone who dreams of becoming a bail agent.  Florida Statutes §648.34 states you may not be a bail bond agent if you have ever been convicted of a felony. Unfortunately, the restoration of your civil rights does not change your status and will not allow you to become a bail agent.

This is one example of why if you are arrested, you need an experienced criminal defense attorney fighting for you in court.  A criminal conviction can have a sever impact on your ability to realize your dream of becoming  a bondsman, doctor, nurse, dentist, lawyer, police officer, fireman, or a school teacher.  There are many things an aggressive lawyer can do to resolve your criminal charge to lessen the impact on your future.  There may be a defense to the crime you may not know about.  There may be motions to suppress evidence in your case if the police violated your constitutional rights which could result in the criminal charges being dismissed.  There may be a diversion program available to you that results in the criminal charge being dropped.  An experienced attorney can often negotiate a plea with the prosecutor to reduce the charge to a misdemeanor.

If you have been arrested, call a criminal defense attorney who knows the law and the consequences of a criminal conviction on your future.

CALL AN AGGRESSIVE POLK CRIMINAL LAWYER THAT IS NOT AFRAID TO STAND UP IN COURT AND FIGHT FOR YOU

FREE CONSULTATION – YOUR FUTURE DEPENDS ON IT! 

Thomas C. Grajek  863-688-4606

Aggressive felony attorney representing all individuals arrested in Florida and Polk County.