Domestic Battery in Florida - It's Not Like Every Other Crime

Hard Line Approach

As a practicing criminal defense attorney, I often receive calls from individuals who have either been arrested for domestic battery, or from the "victim" of domestic battery calling on behalf of the arrested person. More often than not, if it is the "victim" they tell me that they didn't want the police to actually make an arrest. However, once that call is made to law enforcement regarding a domestic violence incident, usually someone is going to jail. Florida Law specifically states that domestic violence shall be treated as a criminal act rather than a private matter. As a result, during a domestic battery incident, from the very first contact with law enforcement; there is a pro-prosecution mentality even if the alleged victim does not want to cooperate in the prosecution. Obviously, the reasoning behind this position is the State's public interest in "protecting" the victim of domestic battery. In addition to the overall pro-prosecution mentality of law enforcement and the State Attorney's Office, there are additional laws which effectively treat a "domestic violence" case differently than any other crime.

Not Entitled to a Bond Until You Appear Before a Judge

Domestic Battery in Florida - It's Not Like Every Other Crime

Once arrested, unlike most other crimes, you will not be able to post a bond and get out of jail until you appear before a judge. So what that means is that if you are arrested for a domestic violence offense, you will sit in jail until you are your "first appearance" hearing. Here in Pinellas County, for instance, if you are arrested for a felony charge, you will not even get in front of a judge until the afternoon. Often times, as a condition of bond, you are not allowed to have contact with the alleged victim or their place of residence, even if the arrested person owns the residence.

The State Attorney Makes the Decision Whether to Prosecute

Truth be told, the State Attorney makes the decision whether to prosecute a case in every instance. However, in a garden variety crime, such as theft or a simple battery, under most circumstances, if the victim doesn't want the State to prosecute then usually that case is dropped. That is usually NOT the case when it comes to prosecuting domestic battery cases. If the alleged victim does not want the case prosecuted, or is actually refusing to cooperate with the prosecution, if the State Attorney believes there is sufficient evidence to proceed, they will do so.

Serious Consequences and Penalties

Cannot Seal or Expunge a Domestic Violence Case Resolved with a Guilty or No Contest Plea

Like just about everything else involving domestic violence cases, entering a plea to any charge labeled as "domestic violence" carries potentially serious consequences down the road. These consequences may not be readily apparent at the time of the plea. For instance, I have seen as a former prosecutor and now as a defense attorney, people in jail at the "first appearance" hearing after they have spent a night in jail on a simple misdemeanor domestic battery arrest. Perhaps it is their first arrest ever. They are scared; perhaps hungry; have no money with them at that moment, and all they want to do is get out of jail. It is at this point that the judge offers to withhold adjudication and put them on probation. The person is told that they are not convicted. The arrested person changes his plea to the charge and gets out of jail. Well what just happened? That arrest offense will NEVER come off of your record. Under Florida Law, any disposition of a domestic violence case which involves a guilty or no contest plea, even if adjudication is withheld, CANNOT be sealed or expunged. I have had numerous calls from people trying to seal or expunge a case where they were arrested for domestic battery and pled to it without consulting with an attorney only to learn later that this arrest will remain on their record forever. This type of arrest or charge can seriously impact someone looking for employment or for those looking to advance in their current employment.

Stringent Probation Requirements

If you change your plea to an offense involving domestic violence, Florida Law requires that the offender successfully enter into and complete of family violence counseling which usually takes six months to complete. Your sentence may also include provisions such as no contact with the victim, alcohol evaluation and treatment, psychological evaluation and treatment, and restitution.

Jail or Prison

Some instances, depending on the facts alleged or the prior record of the arrested person, may lead to increased jail time or enhanced penalties such as:

If a person is convicted of Domestic Violence with Bodily Harm you are facing a minimum of 5 days in the county jail.

If convicted of Aggravated Domestic Battery, even without any prior criminal record, you are facing a mandatory state prison sentence under the State Criminal Punishment Code and possibly as much as 15 years in prison.

Florida Law states that if a person has a previous conviction for domestic battery, even if there was a withhold of adjudication, a subsequent conviction for an act of domestic battery can be charged as a felony with a maximum penalty of up to 5 years in prison.

Impact on Divorce and Custody Cases

An arrest or conviction for domestic violence can be used to your detriment in a subsequent or pending divorce matter with the alleged victim especially if there are children in the home and they have witnessed the alleged acts of domestic violence.

Impact on the Ownership, Use, or Possession of Firearms

Florida Law requires the suspension of your concealed weapons permit if you are arrested for an act of domestic violence.

FEDERAL LAW prohibits a person convicted of an act of domestic violence from using, owning or possessing a firearm.

Conclusion

Once the phone call is made to law enforcement for a domestic violence case, Florida Law is going to take over and these cases are not taken lightly. If you are arrested for any act of domestic violence you should take it as seriously as the State of Florida.

Domestic Battery in Florida - It's Not Like Every Other Crime
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Joseph Montrone, Jr.

I served the people of Pinellas County, Florida, for six years as a prosecutor and then represented people injured as a result of the negligence of others at Beltz & Ruth P.A. in St. Petersburg, Florida. In 2006, I opened my own practice to provide my client's with hands on personable representation. I strive to apply the more than 14 years of training and experience that I have obtained through my years of practice in Pinellas County and the Tampa Bay Area. Please contact me at 727-538-4155 or through my website at http://www.montronelaw.com/.

Please read my blog at http://montronelaw.wordpress.com/.

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Violent Crime in America

For families and individuals residing in America the threat
of violent crime is a fear that we all have to live with.
Just pick up your local newspaper or turn on your T.V. and
see the headlines of murder, rape and assaults reported from
coast to coast. There is an answer to the realization that
you may be a victim of a violent crime, and that is to be
prepared to defend yourself should you find yourself in a
situation that warrants it.

A crime of violence or violent crime is a crime in which the
attacker or offender uses or threatens to use violence or
violent force against the victim. These include crimes in
which the violent act is the objective of the attack, such
as murder, along with crimes in which violence is the means
to an end, such as robbery. Males are the primary victims of
crimes of violence, with the exception of rape which
accounts for 6 percent of all violent crimes.

There are four offenses that are considered to be violent
crimes; they are murder and non-negligent manslaughter,
forcible rape, robbery, and aggravated assault. These
violent crimes may also involve the use of force or the
threat of force.

Violent Crime in America

In 2004, there were an estimated 1,367,009 violent crimes
reported in the United States. Of these, aggravated assaults
comprised over 62 percent of all reported crimes, robbery
over 29 percent, forcible rape or sexual assault over 6
percent, and murder comprises a little over 1 percent of all
reported violent crimes.

Here are a few alarming statistics about Violent Crime in
the U.S.

1. Over 94,000 forcible rapes were reported in 2004 an
increase of 4.9 percent since the year 2000. Approximately 6
out of 100 females in the United States will be a victim of
forcible rape.

2. Over 16,000 murders were reported in 2004 an increase of
3.5 percent since 2000, but showed a decline in the number
of murders reported in 2003.

3. There were over 850,000 aggravated assaults reported in
the United States in 2004. This crime usually has the
highest percentage of incidents reported each year. But
research has shown a steady decrease in aggravated assault
occurrences for the last 11 years.

4. In 2004 there were over 400,000 robberies reported in the USA,
robbery is defined by the Uniform Crime Reporting Program (UCR)
as the taking or attempting to take anything of value from the
care, custody, or control of a person or persons by force or
threat of force or violence and by putting the victim in
fear.

Now that you are aware of these statistics, and the need for
people in America to have the ability to protect themselves
from violent crimes, or if you are concerned about your
personal safety or the safety of your family, then stay
alert and be prepared and visit us at
http://www.safeselfdefense.com for all of you personal protection
needs.

Fight Back - Don't Be A Victim!

Violent Crime in America
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The Sex Crime of Voyeurism

Voyeurism refers to "spying" on people for the purpose of sexual stimulation. Voyeurism involves invading a person's privacy by watching, and/or recording them without their knowledge or consent. In years past, male voyeurs were called "Peeping Toms," but with today's modern technology, voyeurism has reached a whole other level.

Voyeurism can take place in a variety of different settings, and it can be recorded, or distributed on a variety of different levels. It can involve spying on women as they change in dressing rooms, it can include placing hidden cameras where the voyeur can look up women's skirts, it can include taking pictures, or recording people as they change, or shower in locker rooms, or as people use the restroom. It can also involve taking pictures, or recording people at various states of undress or during sexual activity.

A person doesn't have to commit this crime in public, or outside their home to be found guilty. A homeowner or landlord can violate the law by installing cameras in their own home to tape tenants, or people can spy on, and record their own roommates while they undress, go to the bathroom, take showers, or during sexual activity. A person can violate somebody else's privacy, and violate the law whether they are in a public place, or in their private home.

The Sex Crime of Voyeurism

People are allowed to have a certain level of privacy when it comes to their body parts, and their private sexual activity. In fact, a person can be charged with voyeurism even when they surreptitiously record their own sexual encounter, when the other party is being taped without their knowledge and consent.

Human beings are visual creatures, and have always been guilty of watching other people. Unfortunately, with digital technology, voyeurism can have so many implications for the voyeur himself or herself. An image captured on a cell phone, or smaller recording device can wind up on the internet in a matter of seconds and be distributed across the globe, thus thoroughly invading the victim's privacy.

Voyeurism is a sex crime, and if convicted, a person can be charged with either a misdemeanor or felony offense. Either way, the suspect can be forced to go to jail, pay fines, attend court-ordered counseling, and be placed on probation. Furthermore, a person convicted of voyeurism could be made to register as a sex offender. Mandatory sex offender registration creates incredible obstacles for the offender, and will make life extremely difficult and unpleasant for the accused.

If you were arrested for voyeurism, it is important not to take these charges lightly. Even if the actual offense was rather innocent, or if you had no idea what the legal ramifications were, you could still be facing jail time, and a permanent criminal record. A simple lapse in judgment can lead to a lifetime of consequence if you are ultimately convicted of voyeurism. How would a criminal conviction affect your personal life, your family, your reputation and your career? Hiring a skilled criminal defense attorney will be your first line of defense in combating the charges against you. You are urged to contact a criminal defense lawyer before things get too out of hand.

The Sex Crime of Voyeurism
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Free FBI Criminal Background Checks Online - Government Records Lookups

When it comes to many high profile businesses, the standard background check is not enough. This leaves a company having to perform an FBI background check on their prospective employees. The reason for this may vary, but many companies like those that deal in investment securities or even armored car and transport companies will require the full-fledged check. Furthermore if you ever plan on going for a government contract, you will need to ensure that all of your employees can be trusted by putting them under a check.

Unlike a standard one which just checks with the national criminal records database, an FBI check goes a lot further. In this type of search, the person's school records as well as anything that constitutes as someone's "permanent record" will show up. In many cases, all a prospective employee has to do is to lie about a past residence and then you end up with an incomplete search since each jurisdiction is required to maintain their portion of the database whereas the FBI's database is already compiled and complete. This is the most up to date criminal record database and if your company has to deal with people's personal information or even large sums of cash, then chances are that you too will need to start running an record search on all of you prospective applicants.

These searches can also be related to the equivalent of having the prospective employee undergo a security clearance. While most people think that the government security clearance is just something for spies, this is untrue as many companies no utilize this type of search.

Free FBI Criminal Background Checks Online - Government Records Lookups

If you are worried that the information you are receiving from a standard record search is incomplete, then chances are that the Federal record check is what your company needs to start utilizing. While this type of search is obviously more expensive, it is also a lot more comprehensive than any other currently available.

Make sure that your next employee is a good choice for your company by having them undergo a Government record lookup today rather than the standard criminal background check. You will be amazed at the amount of information that is available through this type of background check.

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Free FBI Background Checks

Free background checks

Doing a background check is a very wise decision. Visit the resources above to learn more about doing a Free FBI background check and Government records lookup do it now!

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Martial Arts, Crime, Our Children

As a martial artist and an expert in behavioral modification, I see a lot of illegal behaviors reinforced by citizens. It is easy to reinforce the behavior of a criminal, give him or her your wallet, make it easy for him or her to break into your house, do not call the police, always assume it will happen to the other person and not you. By making it easy for the criminal to get your money, jewelry, body, or whatever he or she is after, we positively reinforce their negative behavior by allowing the criminal to have instant gratification of his or her actions without any consequences to the negative behavior.

As martial artists, we have even more responsibility. The very act of taking martial arts lessons, implies that we are aware that crime may happen to us or our loved ones. As martial artists, we should have taken steps to decrease the chances of crime, making criminals "work" harder for their "reward". Reward here is being defined as a positive reinforcement of a behavior whether that action is a positive or negative behavior in the eyes of our society. Unfortunately in most cases, if the criminal finds bars on the window he or she just goes to the next house. That small amount of time, however, could be the determining factor as to whether or not that criminal is caught.

Obviously, criminals have peers and friends, some of these may also be criminals. If you are in a classroom of first graders and one of the first graders has ice-cream, what question is more than likely going to be asked by every first grader there who doesn't have ice-cream? Need I say it? At this point who is the center of attention and being rewarded by the attention of his peers for having ice-cream? Yes, the first grader with the ice-cream is being rewarded with attention for having the ice-cream. The first grader will brag about how he or she got the ice-cream and the other students will do the same thing to acquire ice-cream as well.

Martial Arts, Crime, Our Children

Too simple of an example? "I mean come on we're talking about responsible adults here not children. That's different right?" No, it's not. As adults, we still receive positive and negative reinforcements, many of us enjoy being the center of attention, belonging to a group, and being recognized for our work. Oddly enough the same behavioral modification techniques used on children also work on adults.

By allowing criminals to receive their rewards for their negative behaviors we are positively reinforcing their criminal behavior and motivating others to follow the same behavioral pattern since others do not see any consequences of the original criminals actions, only a chance for immediate gratification.

Just because a criminal robbed someone with a knife and did not stab the victim this time, does not mean the criminal will not stab the victim the next time. The odds of any criminal killing someone while threatening the victim with deadly aggression increases the more crimes the criminal commits. By giving that criminal your wallet and not calling the police, by not reporting that you have been raped, by not pressing charges when you have been attacked, reinforces that criminal behavior and that criminal will strike again. More importantly, without consequences for the criminal's negative behavior, this behavior will be copied by others and you will be responsible for not helping to stop that criminal, an increase in crime, and for the next string of victims.

This has a direct effect on our children, both in keeping our children safe, from an ever growing population of criminals due to our own lackadaisicalness and negligence, and in raising our children to be good men and women surrounded by a people and media which expresses and stresses the negative actions of our society. No do not blame society or the media. Have you attempted to do anything about crime yourself? We have to decide, if the trouble of calling the police, reporting a break-in, a mugging, a rape, or anything suspicious is worth the safety of our own children and our children's children.

As martial artists we have another decision to make. Do we stand by and allow another person or ourselves to be mugged or raped, or do we help that person, at the risk of our own lives. The first way, we may make society safer for our children, but then our children may never see us again. The second way, we allow another human being to be injured or killed and aid in corrupting our future. Even a shout, yelling that someone called the police or the police are on there way is better than doing nothing.

--------------------------------------------------------------------------------

DO ALL THE GOOD YOU CAN:

God has a way of allowing us to be in the right place at the right time. I was walking down a dimly lit street late one evening when I heard muffled screams coming from behind a clump of bushes. Alarmed, I slowed down to listen and panicked when I realized that what I was hearing was the unmistakable sounds of a struggle: heavy grunting, frantic scuffling and tearing of fabric.

Only yards from where I stood, a woman was being attacked. Should I get involved? I was frightened for my own safety and cursed myself for having suddenly decided to take a new route home that night.

What if I became another statistic? Shouldn't I just run to the nearest phone and call the police? Although it seemed an eternity, the deliberations in my head had taken only seconds, but already the cries were growing weaker. I knew I had to act fast. How could I walk away from this? No, I finally resolved, I could not turn my back on the fate of this unknown woman, even if it meant risking my own life!

I am not a brave man, nor am I athletic, I do not want to get involved. Will my Martial Arts training I had years ago help even though I have never used it. I don't know where I found the moral courage and physical strength---but once I had finally resolved to help the girl, I became strangely transformed.

I ran behind the bushes and pulled the assailant off the woman. Grappling, we fell to the ground, where we wrestled for a few minutes until the attacker jumped up and escaped. Panting hard, I scrambled upright and approached the girl, who was crouched behind a tree, sobbing. In the darkness, I could barely see her outline, but I could certainly sense her trembling shock. Not wanting to frighten her further, I at first spoke to her from a distance. "It's OK," I said soothingly. "The man ran away. You're safe now." There was a long pause and then I heard the words, uttered in wonder, in amazement.

"Daddy, is that you?" And then, from behind the tree, stepped my youngest daughter, Katherine! Do all the good you can, In all the ways you can, in all the places you can, at all times you can, to all the people you can, as long as you ever can.

I cannot stress this enough, our actions, will have a direct effect on our children's safety and our grandchildren's safety. We are the one's who decide what type of society, crime-ridden or crime-free our children are going to live in. When someone is attacked or robbed and does nothing about it, that has an effect on your child.

Perhaps the best way to remember this long message to you is in this quote, Edmund Burke said, "The only thing necessary for the triumph of evil is for good men to do nothing"

Martial Arts, Crime, Our Children
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J. Richard Kirkham graduated from Eastern Illinois University as a dual certified teacher. He currently resides in Honolulu with his wife Jan and son Rylan.

Mr. Kirkham has recently authored several .00 books for the busy martial artist and self-defense practitioner who wants to get past the hype directly into the drills and techniques. Those who want even more detail should read his two martial arts books Solo Martial Arts Dills and Bringing The Martial Artist Out from Within http://kirkhamsebooks.com/MartialArts/

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Crime Rates Among Children - Is Single Parenting the Cause?

Parenting is a hard job that can be difficult with two parents in the home, let alone one. Because of this awesome responsibility, much has been said about the possibility that raising kids minus a mother or father can lead to higher crime rates among children.

While a compelling argument, something as complex as youth crime may not a solitary cause. A case in point would be the fact that most high profile crimes, like school shootings, involve kids from two parent households. Eric Harris and Dylan Klebold, the Columbine killers, lived in fairly upscale neighborhoods and came from two parent homes.

A poll even indicated that 85 % of the public believed that the parents of the Columbine Murders were at fault for their children's criminal behavior. Victim's families even filed civil suits against them for financial damages. So, it would appear that crime rates among children may not be attributed solely to single parent's children, but can stem from any home at any given time.

Crime Rates Among Children - Is Single Parenting the Cause?

Single Parent Stigma

While the case can be made that many crimes are committed by children from single homes, studies indicate that there has been a decline in youth crime even though single parenthood still exists. FBI crime statistics even indicate that violent juvenile crime stats are at their lowest point in twenty years. It cannot be ignored that major crime rates among children occur across all demographics.This is especially true when it comes to school shooters, who tend to come from two parent homes.

So, what are the common denominators? One finds that in homes where there is attention, love and care, the child is well adjusted and happy. Of course, a single parent may find it harder to give time and attention, especially when working two jobs to make ends meet. On the other hand, if a double parent home is dysfunctional, abusive or devoid of love, it can produce a hostility that comes out in negatively as well.

Dooming Kids to Failure

The assumption is that most kids from single a parent homes are products of divorce or an "epidemic" of teens who opt to live on welfare and do not have the skills to raise their children properly. A look at welfare statistics however, indicates that only 8% of the welfare dole is given out to teen parents. This means that the epidemic we tend to hear so much about may be a little inflated.

In most cases, teens who have babies receive help from their extended families. This also means that the child may have familial love and support from relatives who assist in child rearing duties. Some children are raised by a single parent because of the death of their mother or father as well. In other words, single parents may end up having to raise a kid alone due to situations beyond their control.

If we live in a society that automatically places single parent kids in the potentially bad apple category, we inadvertently start a self-fulfilling prophecy of crime rates among children in this group. In this case, it won't be from single parenting that these kids act out, but from their reaction to how society chooses to deal with such complex issues. This should be enough to compel us to seek real solutions to an extremely complex problem and not place the blame solely on the shoulders of all single parents.

Crime Rates Among Children - Is Single Parenting the Cause?
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Pieter West travels the world on a regular basis and have written about numerous subjects. He has an extensive knowledge about, finances, DIY, parenting advice and many more subjects. You can find more of Pieter's articles regarding Single Parenting at http://www.singleparentingguide.com/

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Organized Crime - The Mafia in America

Many people see two main divisions when they think of crime: ordinary criminals, such as burglars and thieves, and organized crime. Although organized crime may not impact your day-to-day life, it is still important to be aware of its existence and its impact on the world.

The Mafia is perhaps the most well-known organized crime group in the world today. The American Mafia, which is also known as Cosa Nostra, is an offshoot of the Sicilian Mafia, an Italian criminal society. The origins of the Mafia in Italy are believed to date back as far as the Middle Ages, when groups of wealthy families controlled Sicily through their social standing. The organized crime group known as the American Mafia first emerged at the end of the 1800s on the East Coast following a wave of immigration from Southern Italy.

The first Mafia groups in America started in New York City, where gangsters would threaten immigrants with extortion. By 1890, organized crime had spread to New Orleans, where the Police Superintendent was murdered, execution-style, allegedly by Mafia members. As organized crime grew on this side of the ocean, the criminal activities expanded from extortion to drugs and alcohol, robbery, kidnapping, murder, loan-sharking, and dozens of other nefarious crimes. In 1920, prohibition resulted in a significant increase in alcohol sales and related activities by the Mafia.

Organized Crime - The Mafia in America

By the end of the 1920s, there were two main factions of the Mafia in the United States. This caused a major mafia war for the control of organized crime in New York City which lasted throughout the 1930s. It is during this time that Al Capone (or Scarface) led the Chicago Outfit, one of the main Mafia crime families, and amassed a fortune reportedly over a hundred million dollars. Like many Mafia kingpins, he was chased by the law for years, before he was finally caught for tax evasion.

By this time, the Mafia is believed to have infiltrated most of the major labor unions throughout the country, particularly the Teamsters Union. Little of the inner workings of the Mafia were known by outsiders, even law enforcement agencies, until 1963, when Joseph Valachi became the first Mafia member to provide a detailed look of the organization to the FBI. He exposed much of the secret structure of the mafia, including its ranking system and how Mafia members did business.

According to the FBI and other agencies, the American Mafia still has a significant level of control in Chicago, Boston, Philadelphia, and New York City, among other major cities. Today, although the word 'Mafia' is used to refer to almost any forms of organized crime, it is believed that there are about 26 major American Mafia families throughout the United States, as well as offshoot groups and associates in many smaller cities. The Mafia and its reputation have been portrayed in movies, TV shows, books, and video games. It is believed that Cosa Nostra has is hand in many major areas of crime, including labor racketeering, gambling, corruption, drug trafficking, pornography, tax fraud, and even stock manipulation.

Organized Crime - The Mafia in America
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