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.

On Friday, I was in court scheduled to argue the motion before Judge Kirkland.  We are still waiting for a ruling from Judge Ojeda from when I first filed the motion.  The motion before Judge Kirkland also included an objection to the outrageous penalty on the basis of “es post facto” law.  that means that you can not increase the penalties for a criminal offense, AFTER the criminal act allegedly occurred.  This part of the motion dealt with a defendant who had been arrested in the August 2012 Polk prostitution sting, but did not resolve his case before January 1, 2013, when the increased penalty went into effect.

I am expecting a ruling within the next two weeks.  At that time we will find out if the $5,250.00 civil penalty will be applied or declared unconstitutional.  Again, this penalty only applies to “johns” and not the prostitute, pimp, or even sexual predators.

If you are charged with a crime and want someone that will fight in court for you, your rights, and your reputation call

Polk Criminal Defense Attorney Thomas C. Grajek

863-688-4606