It is a crime to expose or exhibit one’s sexual organs in public or on the private premises of another in Florida (or if the suspect can be seen from private premises) in a vulgar or indecent manner, or to be naked in public except in any place provided or set apart for that purpose. A mother’s breastfeeding of her baby does not under any circumstance violate this section.  Exposure of a sexual organ is a first degree misdemeanor punishable by up to one year on jail, 12 months probation, or a combination of both.

Most people charged with this crime are hoping to eventually seal or expunge their arrest record.  In order to be eligible, the defendant would have to have the case dismissed through the filing of a motion, be found not guilty at trial, or receive a withhold of adjudication.  That is why it is important to retain an experienced criminal attorney for this charge.

It appears Kellen Winslow’s defense will be that he allegedly pulled over to a parking lot to smoke what he thought at the time was a legal substance. He allegedly changed his clothes in his vehicle as not to smell like smoke when he returned home. Kellen allegedly is arguing that absolutely nothing inappropriate that took place.  The substance was allegedly synthetic marijuana. Winslow pleaded not guilty to the pot charge and police didn’t charge him with lewdness because she chose not to file charges or come forward to testify against him. If the substance was synthetic marijuana and it is legal in New Jersey to possess this substance, he may end up with all charges dismissed against him.  How good was that defense if the witness did come forward to testify against him?  Allegedly, the police seized two open jars of Vaseline found on the console of his vehicle, and when an investigating officer approached the car, “Winslow sprang to an upright position.”  With that corroborating evidence, it might have been a tougher case to defend, but in the end Winslow may get lucky and end up with all the criminal charges dropped.  If you have been arrested for a sex crime in Polk County, retain an experienced criminal lawyer to defend you in court.

CALL NOW AND SPEAK TO AN EXPERIENCED SEX CRIMES ATTORNEY WHO HAS HANDLED AND TRIED THESE TYPES OF CASES.

THOMAS C. GRAJEK 863-688-4606

 EXPERIENCE COUNTS – CALL NOW

Office – Lakeland, FL

Experienced criminal attorney handling all child pornography, sexting, voyeurism, sexual battery, assault, lewd and lascivious, and child molestation crimes in PolkCounty and Florida.

In Florida, it is a 1st degree misdemeanor if charged with possession of less than 20 grams of cannabis.  This is a constructive possession case.  That means the drugs were not found on the driver, but somewhere in the vehicle or in his immediate vicinity.  Under Florida law, a person can be charged under a constructive possession theory.  In addition, more than one person can be charged and convicted of the same marijuana even though neither person actually was in possession of the drugs.  If an individual is the sole occupant of the vehicle, there is a presumption that the driver has dominion and control of any items in the vehicle, including the drugs.  This is a rebuttable presumption meaning the person arrested would have to come forward with evidence or facts as to why a jury should not believe this presumption.  for example, you borrowed your friend’s car and had no idea there were drugs in the vehicle.

While there is now a movement in Florida to make medical marijuana legal in Florida, this is still not the law.  Unfortunately, this crime can cause you problems in background searches affecting your ability to obtain employment or rent an apartment.  In addition, if you are convicted (adjudicated guilty) of possession of cannabis, the Dept. of Highway Safety and Motor Vehicles will suspend your license for 2 years.  It is possible to remove that suspension from your license or to obtain a hardship license.  If you are adjudicated guilty, you also can not seal or expunge any arrest.

There are diversion programs available for possession of controlled substance charges.  This results in the criminal charges being dropped.  You would then be eligible to expunge this arrest (if you are otherwise eligible).  You may also have a motion to suppress because the police violated one of your constitutional rights or there was a problem with the search, training of the K-9 drug dog, the timing of the search, or some other legal issue.

If you have been arrested for a cannabis, marijuana, or other controlled substance offense call and set a consultation to discuss what options are available to you and what defense you may have.

Call Drug Lawyer Thomas C. Grajek 863-688-4606