This is due to the fact that our Florida and United States Constitution protect citizens from “Ex Post Facto” laws.  Judge Fegers ruled that the legislature did not intend the statute to be applied retroactively which ended the matter.  However, because the judge did s thorough job, he also analyzed the civil penalty under the “ex post facto doctrine”.  This doctrine protects against laws that increase a penalty for the criminal offense AFTER the crime has been committed.  The issue in essence was whether when a suspect is charged with violating Florida Statute 796.07(2)(f), the “civil penalty” is a punishment or a “civil remedy” that would not be subject to ex post facto analysis.

Judge Fegers order found that because of the language used in the statute (the word “penalty”), the amount of the penalty, and the imposition of the penalty as to specifically prescribed conduct constituting a specific criminal offense, that the $5,000.00 is a fine and a “penalty” and not a “cost”.  This means that the court will not impose the “civil penalty” in excess of $500.00 for violations of Florida Statute 796.07(2)(f) for offenses that occurred prior to the change in the prostitution statute.  The “civil penalty” was previously $500.00 for “johns” only.

This motion was filed on the limited basis of increasing the fine in cases where “johns” arrested before January 1 for those that did not resolve their cases quickly.  I am still waiting for a ruling from Judge Ojeda as to whether the statute is constitutional on a number of other challenges and grounds.  This ruling is expected within the next couple of weeks and will apply to prostitution offense committed after January 1, 2013.  Judge Fegers ruling helps my motion because he has now declared the $5,000.00 fine a “penalty” which is a key argument in my motion.  Attorney Larry Shearer did an excellent job writing the “Ex Post Facto” motion and arguing it to get this result.

If you have been charged with prostitution or any other crime, call an speak to an aggressive lawyer that will fight for you!

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

You will not have to drive to another county. Office – Lakeland, Polk County.

Thomas C. Grajek  863-688-4606

Handling all felony and misdemeanor criminal cases in Polk County, Florida.

A motion for Judgment of Acquittal is a request for the judge to dismiss the charges because the prosecutor failed to put forth sufficient evidence to prove a prima facie case. That means the prosecutor has to put on evidence of each element of the alleged crime. In an Improper Exhibition of Firearm case the elements are:

1. The accused carried a gun,
2. The defendant exhibited the gun in a rude, careless, angry, or threatening manner, and
3. did so in the presence of one or more persons.

These are very difficult motions to win because when looking at the evidence the court must make all inferences in favor of the prosecutor. They are terrific wins because if you can get the criminal court to grant the Motion for J.O.A., the charge is dismissed and the jury does not even deliberate. In this case the Motion for J.O.A. was granted, my client was acquitted, the charge was dismissed, and we went home early because the jury was dismissed without the need to deliberate the case and reach a verdict.

If you are charged with Improper Exhibition or any gun or Firearm charge in Polk County, call Thomas C. Grajek and experienced trial attorney today.

DON’T HESITATE!!! CALL NOW!!!

Thomas C. Grajek 863-789-6404 cell

Case 2012-MM-014408-BA tried and dismissed May 14, 2013