If a detective wants to talk to you about a sex crime
Detectives often reach out before making an arrest. The call is friendly, and the message is usually that this is your chance to clear things up. In reality, the interview is how the investigation gathers evidence, and the detective has often already decided what happened. You have the right to decline, and the safest answer is to say you'd like to speak with a lawyer first and then call us.
Early involvement can change the direction of a case. Before charges are filed, we can handle all contact with the detective and preserve messages that support your account. In some cases we can also present information to the prosecutor before a filing decision is made. Doug Greenberg spent the start of his career as a state prosecutor, so he knows how these investigations are put together and when a prosecutor is unsure about a case.
Pretext phone calls
One common technique is the controlled call, sometimes called a pretext call. Florida generally requires everyone's consent to record a phone call, but section 934.03 allows a recording when one person on the call consents and is acting at the direction of law enforcement. In practice, the accuser calls or texts you with a detective listening, raises the incident, and tries to get an apology or admission. If someone contacts you out of the blue to talk about something that happened between you, don't discuss it. Calmly end the conversation and call a lawyer.
Confidential sex crime defense in Pinellas County
Everything you tell us is protected by the attorney-client privilege. We don't contact your employer or family without your permission, and your free consultation takes place in a private meeting at our office on 38th Avenue North. Court filings are public records, so when a case can be resolved before charges are filed, that also keeps it out of the court file.
We treat every person who calls with respect. Being accused is not the same as being guilty, and a lot of these cases come down to credibility and disputes over consent that deserve a careful look.
Sexual battery charges in Florida
Sexual battery under section 794.011 is Florida's term for what other states call rape or sexual assault. The statute defines consent as intelligent, knowing and voluntary, and says coerced submission is not consent. The penalty depends on the ages of the people involved and the circumstances alleged. A charge involving two adults where no force likely to cause serious injury is alleged is a second-degree felony, punishable by up to 15 years in prison. Allegations that the person was physically helpless, or that threats were used, raise the charge to a first-degree felony. A deadly weapon or force likely to cause serious injury makes it a life felony.
These cases often depend on digital evidence like text messages and phone location data, and on the timing of the report. We gather that material early, because some of it disappears from phones and accounts within weeks.
Lewd or lascivious offenses
Section 800.04 covers lewd or lascivious conduct involving a person under 16. The charges include lewd battery, lewd molestation, lewd conduct and lewd exhibition, and they range from a third-degree felony up to a life felony depending on the ages of both people. The law is strict: the younger person's consent is not a defense, and neither is a mistaken belief about their age, even one based on what they told you. Defending these cases means looking hard at whether the event happened as described and how the child's statements were gathered.
Online stings and traveling to meet a minor
Pinellas County and Tampa Bay agencies regularly run undercover operations where an officer poses as a teenager or as the parent of one on dating apps and social media. Under section 847.0135, using a phone or computer to solicit someone believed to be a child is a third-degree felony, or a second-degree felony if the person lied about their own age. Traveling to meet that person afterward is a separate second-degree felony, and each separate use of a device can be charged as its own count.
We read the full chat history. The arrest report usually quotes a few lines out of hundreds of messages. Who raised the topic first, how hard the officer pushed, and whether you tried to back out all bear on an entrapment defense under section 777.201, which leads to an acquittal if the jury finds it proven.
Solicitation of prostitution in Florida
Under section 796.07, soliciting prostitution is a first-degree misdemeanor on a first offense. A second offense is a third-degree felony with a 10-day minimum jail sentence, and a third is a second-degree felony. Any outcome other than an acquittal or dismissal also brings a $5,000 civil penalty, 100 hours of community service, and an educational class where the circuit offers one. If you used a car, the judge can order it impounded for up to 60 days. A first-offense case is often a strong candidate for a resolution that avoids a conviction.
Sex offender registration in Florida
Many sex offense convictions require registration under section 943.0435. You must report in person to the sheriff's office within 48 hours of release or of moving to a new county, re-register twice a year (four times a year for some offenses), and report any change of address or vehicle within 48 hours. Any failure to comply is a third-degree felony. For most people registration lasts for life, with removal possible only in narrow situations after 25 years.
Under section 943.0584, a plea or finding of guilt on most of these charges can never be sealed or expunged, even with adjudication withheld. Avoiding a registrable offense is often the first goal in negotiations, and it's something we plan for from the start.
Sex crime defense questions we hear most often
Should I talk to a detective if I didn't do anything wrong?
Not without a lawyer. Innocent people often give a nervous or incomplete account that later gets described as inconsistent. Politely decline, ask for the detective's contact information, and call us so we can respond for you.
What is a pretext call in a Florida sex crime case?
It's a phone call or text exchange the accuser starts while working with police, who record it with the accuser's consent under section 934.03. The goal is to get you to admit or apologize for something. If someone suddenly wants to talk about a past encounter, don't discuss it.
Is solicitation of prostitution a felony in Florida?
A first offense is a first-degree misdemeanor, punishable by up to 1 year in jail. A second offense is a third-degree felony with a 10-day minimum jail sentence. Any disposition other than acquittal or dismissal also carries a $5,000 civil penalty.
Will I have to register as a sex offender in Florida?
It depends on the offense of conviction. Sexual battery, lewd or lascivious offenses involving minors, and online solicitation of a minor generally require registration. Solicitation of an adult for prostitution generally does not.
Can I be charged if the alleged victim doesn't want to go forward?
Yes. The State Attorney's Office decides whether to file charges, and it can proceed with other evidence such as recorded calls, messages or physical evidence. Even so, an alleged victim's unwillingness often affects how the case is resolved.