What does the judge consider when imposing a Federal Sentence?

Welcome to the

Law Offices
of
Edward J. Chandler, P.A.708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357

Call Today! 24/7  “FROM ARREST TO TRIAL “

The sentencing judge must consider all “relevant conduct” for certain offenses, mostly drug, theft, and fraud offenses where the “offense level” is based on quantity.  “Relevant conduct” is any conduct that has a common scheme or plan, including charges that were dismissed as part of a plea agreement.  For this reason, plea agreements are often less beneficial than they first seem.  The government still has to prove that you actually committed the crime dismissed in a prior plea agreement.

The sentencing judge must consider all “relevant conduct” for certain offenses, mostly drug, theft, and fraud offenses where the “offense level” is based on quantity.  “Relevant conduct” is any conduct that has a common scheme or plan, including charges for which you were “not guilty.”

When a jury finds you “not guilty,” they have only determined that the prosecution has not met its burden of proving you guilty of all elements of the crime beyond a reasonable doubt.  The jury has not made the determination that you did not commit the crime.  In a subsequent case a sentencing judge need only determine whether it is more likely than not that you engaged in the conduct previously charged against you.

Since it seems terribly unfair and is disrespectful of a jury’s verdict, some judges in some cases refuse to consider charges for which a person was found not guilty.

                                           KNOW YOUR RIGHTS!


         My goal is to represent my clients as I would want to be represented, always putting their interests first, diligently working to fully understand and serve the clients’ needs. In short, to do whatever it takes for the successful resolution of the
clients’ causes.

         If you are being investigated or charged with a Federal or State criminal offense, you need to seek the advice of Edward J. Chandler, Esq., an experienced Florida Federal and State criminal defense attorney since 1991! Right now, you may be filled with fear, confusion, embarrassment, and anger. You probably have a thousand questions and want to know your rights and how to proceed. With your future as stake, you need to think smart and speak with an experienced Florida criminal defense lawyer as soon as possible.

Since a criminal conviction may affect your future, your reputation and your chances of getting a job, it is critical that you seek out an experienced Florida criminal defense attorney such as Edward J, Chandler, as soon as you are being investigated or charged with a Federal or State criminal offense. The right Florida criminal defense lawyer can evaluate your case, determine legal strategies, and defend you in court, increasing your likelihood of staying out of jail and protecting your future.

Given the complexity of criminal defense in Florida, it is important that you choose a Florida criminal defense lawyer that knows the Federal and State systems, and who combines experience with a track record, and who has a thorough understanding and familiarity with the law, the prosecutors and the local courts. If you have been accused of a crime, your time to get the right experienced Federal or State criminal defense attorney is limited. Regardless of whether you are innocent or guilty, you deserve aggressive, experienced legal representation.

Violating the laws in Florida can result in harsh punishments, such as incarceration and fines. However, being charged with a Federal or State criminal offense does not have to devastate your entire life.  Edward J. Chandler, Esq, is here to ensure that you get your life back, your peace of mind and your freedom. “I employ an aggressive defense, often convincing the prosecution to reduce the charges against you or, in some cases, dismissing them. My sole priority is to achieve a resolution that you can live with.”

Attorney Edward J. Chandler has successfully represented numerous clients charged with criminal offenses throughout the State of Florida.  Edward J. Chandler  prides himself on aggressive representation with a personal touch. Armed with Federal and State legal knowledge and experience, he can build a winning defense. Edward J. Chandler, Esq. is accustomed to taking on the criminal justice system and achieving the best results for his clients. In addition to personally handling your case from investigation, arrest, bond hearing, arraignment, discovery and through jury trial, Edward J. Chandler, Esq. will be available to you during every step of the criminal procedure. Edward J. Chandler guarantees that you and your case will receive his undivided attention.

When your future is on the line…Call the Law Offices of Edward J. Chandler, P.A.  at (954) 788-1355  24/7 immediately! Your phone consultation is free and completely confidential.

Professional Organizations:

   * Florida Bar since 1991
* Broward County Bar Association
* Association of Trial Lawyers of America -ATLA
* Federal Bar
* Federal Court -Southern and Middle Districts of Florida
* Supreme Court of United States
* 4th District Court of  Appeals
* 11th Circuit Court of Appeals
* United States Tax Court

Leave a comment

Filed under Attorney, Broward County, Criminal defense, Florida law, Law, Lawyer, Uncategorized

How Much of a Federal Sentence must be Served?

How Much of a Federal Sentence must be Served?

Welcome to the 

Law Offices
of
Edward J. Chandler, P.A.
708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357


Call Today! 24/7
“FROM ARREST TO TRIAL “

How Much of a Federal Sentence must be Served?

You will serve almost all of your sentence.  There is no such thing as parole in the federal system for all crimes committed after November 1, 1987.  If your sentence is longer than one year, you might qualify for a small reduction for “good time” which is earned at the rate of 54 days for every year of the sentence.  Although the statute that governs good conduct time, 18 U.S.C. § 3624(b), states that prisoners may earn up to 54 days per year, the Bureau of Prisons (BOP) awards a maximum of 47 days for each year of the sentence imposed.

In addition, you may spend the last 10 % of your sentence, up to 6 months, in a community corrections center, or “half-way house.”  The recently passed Second Chance Act requires the BOP to issue regulations allowing prisoners to be placed in community corrections centers for up to twelve months, but the BOP has not yet issued such regulations.  Not all inmates are eligible for half-way house.  For example, those with immigration or other types of detainers are ineligible, as are sex offenders.

Time calculation is complicated.  You will generally receive credit for every day you spend in “official detention” after the offense for which you were convicted as long as those days were not credited toward another sentence.  Unfortunately, the definition of “official detention” is not always clear.  For example, time in a halfway house or in home confinement is not counted.  The basic rule is in section 3585(b) of title 18 of the United States Code, but this is an important issue to discuss with your defense attorney because it is so complicated.  In some instances, an attorney may be able to persuade a court to adjust the federal sentence to account for any potential discrepancies between the credits that the Bureau of Prisons will count, on the one hand, and the time the judge thinks should count on the other.

If you were in state custody and were brought into federal custody pursuant to a “writ of habeas corpus ad prosequendum,” the federal Bureau of Prisons (BOP) will generally only give you credits against your federal sentence if you did not receive state custody credits.  But if you were in state custody and the state dropped charges in favor of a federal prosecution, you will probably receive credits against your federal sentence even for the time you spent in state custody before the federal charges were filed as long as that time in custody occurred after the offense for which you were convicted federally and as long as you did not receive credit in the state against another state sentence.

Time spent in immigration custody may or may not be considered “official detention.”  It is important to discuss this issue with your individual attorney so he or she may attempt to work out a resolution that will result in the time being credited.

The initial appearance in magistrate court is not, ultimately, determinative of how your time is counted.  What is important is the question whether you were in “official detention.”

Usually you will get credit for all of the time you have been in custody while facing a federal charge.  There is an exception when you are serving another sentence either in state or federal prison.  For example, if you were in state custody and were brought into federal custody pursuant to a “writ of habeas corpus ad prosequendum,” then the federal Bureau of Prisons (BOP) will generally only give you credits against your federal sentence if you did not receive state custody credits.  But if you were in state custody and the state dropped charges in favor of a federal prosecution, you will probably receive credits against your federal sentence even for the time you spent in state custody before the federal charges were filed as long as that time in custody occurred after the offense for which you were convicted federally and you did not receive credit in the state against another state sentence.  Because this issue is so complicated, it is important to discuss any possible credits issues with your attorney before you are sentenced.

In some instances, an attorney may be able to persuade a court to adjust the federal sentence to account for any potential discrepancies between the credits that the Bureau of Prisons will count, on the one hand, and the time the judge thinks should count on the other.

Law Offices
of
Edward J. Chandler, P.A.
708 East Atlantic Boulevard    Telephone:  (954) 788-1355


Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357
Call Today! 24/7

“FROM ARREST TO TRIAL “

                                           KNOW YOUR RIGHTS!

         My goal is to represent my clients as I would want to be represented, always putting their interests first, diligently working to fully understand and serve the clients’ needs. In short, to do whatever it takes for the successful resolution of the
clients’ causes.
         If you are being investigated or charged with a Federal or State criminal offense, you need to seek the advice of Edward J. Chandler, Esq., an experienced Florida Federal and State criminal defense attorney since 1991! Right now, you may be filled with fear, confusion, embarrassment, and anger. You probably have a thousand questions and want to know your rights and how to proceed. With your future as stake, you need to think smart and speak with an experienced Florida criminal defense lawyer as soon as possible.Since a criminal conviction may affect your future, your reputation and your chances of getting a job, it is critical that you seek out an experienced Florida criminal defense attorney such as Edward J, Chandler, as soon as you are being investigated or charged with a Federal or State criminal offense. The right Florida criminal defense lawyer can evaluate your case, determine legal strategies, and defend you in court, increasing your likelihood of staying out of jail and protecting your future.

Given the complexity of criminal defense in Florida, it is important that you choose a Florida criminal defense lawyer that knows the Federal and State systems, and who combines experience with a track record, and who has a thorough understanding and familiarity with the law, the prosecutors and the local courts. If you have been accused of a crime, your time to get the right experienced Federal or State criminal defense attorney is limited. Regardless of whether you are innocent or guilty, you deserve aggressive, experienced legal representation.

Violating the laws in Florida can result in harsh punishments, such as incarceration and fines. However, being charged with a Federal or State criminal offense does not have to devastate your entire life.  Edward J. Chandler, Esq, is here to ensure that you get your life back, your peace of mind and your freedom. “I employ an aggressive defense, often convincing the prosecution to reduce the charges against you or, in some cases, dismissing them. My sole priority is to achieve a resolution that you can live with.”

Attorney Edward J. Chandler has successfully represented numerous clients charged with criminal offenses throughout the State of Florida.  Edward J. Chandler  prides himself on aggressive representation with a personal touch. Armed with Federal and State legal knowledge and experience, he can build a winning defense. Edward J. Chandler, Esq. is accustomed to taking on the criminal justice system and achieving the best results for his clients. In addition to personally handling your case from investigation, arrest, bond hearing, arraignment, discovery and through jury trial, Edward J. Chandler, Esq. will be available to you during every step of the criminal procedure. Edward J. Chandler guarantees that you and your case will receive his undivided attention.

When your future is on the line…Call the Law Offices of Edward J. Chandler, P.A.  at (954) 788-1355  24/7 immediately! Your phone consultation is free and completely confidential.

Professional Organizations:

   * Florida Bar since 1991
    * Broward County Bar Association
    * Association of Trial Lawyers of America -ATLA
    * Federal Bar
    * Federal Court -Southern and Middle Districts of Florida
    * Supreme Court of United States
    * 4th District Court of  Appeals
    * 11th Circuit Court of Appeals
    * United States Tax Court


Leave a comment

Filed under Attorney, Broward County, Criminal defense, Law, Lawyer, Uncategorized

CRIMINAL PROCEDURE IN THE UNITED STATES

CRIMINAL PROCEDURE IN THE UNITED STATES

CRIMINAL PROCEDURE IN THE UNITED STATES

Welcome to the …….

Law Offices
of
Edward J. Chandler, P.A.
708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357
Call Today! 24/7

Criminal Procedure

Florida Criminal Lawyer Edward J. Chandler, Esq.

If You Have Been Arrested for a Crime or are being Investigated for A Suspected Criminal Action, you need legal advice and the assistance of an Experienced Criminal Defense Lawyer. Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….

Phone (954) 788-1355

CRIMINAL PROCEDURE IN THE UNITED STATES

A history Lesson:

The English colonists who came to North America in the 17th century brought their legal traditions with them. After the American Revolution (1775-1783), the English common law-including the adversarial approach to criminal procedure-remained as the basis of law in the United States.

The United States has a federal system, meaning that power is divided between a central authority and many state or local authorities. Thus, there are 51 different sets of criminal procedural law in the United States-that of the federal government and one for each of the 50 states. In addition, separate criminal procedures exist for military courts and for federal territories. The procedures adopted by each state and the federal government vary. However, the shared heritage of the English common law provides significant similarities in the basic structure of the process. Furthermore, the Constitution of the United States imposes some limitations on the states in formulating their criminal procedure.

Federal Criminal Procedure

A person prosecuted in the federal courts on a charge of violating a federal criminal law is subject to federal criminal procedure. Federal procedure is governed, first of all, by certain provisions of the U.S. Constitution, especially those contained in the Bill of Rights (the first ten amendments to the Constitution). The Constitution guarantees certain procedural rights that the government must afford a federal criminal defendant, unless the defendant knowingly and voluntarily waives (surrenders) these rights (see Constitution of the United States: Rights of the Accused).

THE FOURTH AMENDMENT:

The Fourth Amendment protects citizens from unreasonable searches and seizures and describes how law enforcement officials can obtain warrants (court orders permitting a search or arrest). The Fifth Amendment protects individuals accused of crimes from having to testify against themselves and from being tried more than once for the same offense. It also requires that any criminal charges result from the proceedings of a grand jury-a body of citizens convened to determine whether sufficient evidence exists to have a trial. Finally, the Fifth Amendment requires that government procedures adhere to due process of law, which means basic standards of fairness and equity. Under the Sixth Amendment, a defendant is guaranteed a speedy and public jury trial during which the defendant will get notice of the charges he or she faces and may call witnesses and face his or her accusers. The Sixth Amendment also guarantees that the trial will take place in the district where the alleged crime was committed and that the defendant will have the assistance of legal counsel. The Eighth Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishments.

These constitutional guarantees provide a starting point for federal criminal procedure. The Federal Rules of Criminal Procedure, issued by the Supreme Court of the United States and enacted by the Congress of the United States in 1945, supplement the constitutional guarantees. The rules contain detailed provisions relating to the pretrial, trial, and appeal stages of federal prosecutions. Other details of federal criminal procedure are covered in federal statutes enacted by the U.S. Congress. Finally, a substantial part of the law of federal criminal procedure is found in the reported decisions of the federal courts.

State Criminal Procedure

A person prosecuted in the courts of a particular state on a charge of violating the criminal laws of that state is subject to state criminal procedure. State criminal procedure is found in the constitution, statutes, rules, and judicial decisions of that state. Furthermore, portions of the U.S. Constitution are applicable to state criminal defendants.
State constitutions generally guarantee a state criminal defendant most of the same rights that a federal defendant is provided by the Bill of Rights. Some states have provisions that vary from federal constitutional requirements. For example, in a number of states criminal charges need not result from the proceedings of a grand jury. Instead, a judge determines whether or not the accused person should be tried after reviewing the evidence during a preliminary hearing. States may provide greater rights for criminal defendants than the U.S. Constitution guarantees.

The Supreme Court of the United States has required states to provide to criminal defendants most of the procedural guarantees in the U.S. Constitution. For example, states must recognize the Fifth Amendment right to avoid self-incrimination. In addition to these specific rights, the states are required by the U.S. Constitution to guarantee due process. The 14th Amendment, passed after the American Civil War (1861-1865), reads in part, “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Like the 5th Amendment, which applies to federal criminal procedure, the 14th Amendment requires the states to maintain certain minimum standards of fundamental fairness in their laws concerning criminal procedure. For instance, prosecutors may not systematically exclude members of a particular race or gender from a jury. State convictions that result from proceedings that violate the minimum standards required by the 14th Amendment can be set aside by the federal courts through the process of appeal if the state courts themselves do not do so first.

JURISDICTION For a criminal conviction to be valid, both the sovereign power (the state or federal government) and the specific court that tries the accused must have jurisdiction (authority) over the crime charged. Jurisdiction refers to a court’s authority to hear and decide a case. The jurisdiction of state courts is restricted by the geographical boundaries of the state. Jurisdiction is also limited by the type or subject matter of a case. For example, a family court with jurisdiction over child custody and placement cannot try a murder case.

According to the laws of some states, a crime is committed in only one place and only the sovereign that controls that place has the power to try the accused for the wrongdoing. Therefore, if a woman standing in one state shoots and kills a man who is just over the state line in another state, the murder is committed in the state where the lethal bullet hit the victim. Only the state where the victim was injured has jurisdiction to try the woman. However, some states have enacted statutes conferring jurisdiction on the state where the crime was partly committed.

Because in many instances only the state where the crime was committed may prosecute the accused, laws have been enacted providing a process for acquiring custody of individuals accused of committing a crime in one state who then flee to another state or country. The U.S. Constitution provides for interstate extradition-that is, each state must surrender people who flee to that state upon a request by another state in which the person is accused of committing a crime. Many countries have adopted treaties that specify how suspected criminals who flee from one country to another can be returned to the country from which they fled.

About the Courts of Appeals

Courts of Appeals, formerly Circuit Courts of Appeals, in the federal judiciary system of the United States, courts created by Congress in 1891 to relieve the Supreme Court of its great burden of work and thus to give speedier justice to litigants. These courts make decisions on appeals from lower federal courts subject to review in the U.S. Supreme Court. In practice, however, the Supreme Court reviews only a few cases-usually those that involve a novel constitutional question or an interpretation of federal statutory law when there is a conflict among the various courts of appeals. The Supreme Court rules on the law and then returns the case to the appeals court for disposition on the basis of that ruling. Cases involving the constitutionality of legislation or the interpretation of treaties between the U.S. and other governments need not pass through the courts of appeals; they may be appealed directly from the lower courts to the Supreme Court.

A court of appeals functions in the District of Columbia and in each of the 11 federal judicial circuits. In addition, a court of appeals for the federal circuit was created in 1982 to review certain cases involving copyright, tax, patent, and federal employment law, as well as claims against the U.S. for money damages. Each court consists of at least three judges appointed for life by the president and approved by the Senate.

********

A “crime” is any act or omission (of an act) in violation of a public law forbidding or commanding it. Crimes include both felonies (more serious offenses — like murder or rape) and misdemeanors (like petty theft, or jaywalking). No act is a crime if it has not been previously established as such either by statute or common law.

Historically, most crimes have been established by state law, with laws varying significantly state to state. There is, however, a Model Penal Code (MPC) which serves as a good starting place to gain an understanding of the basic structure of criminal liability.

In recent years the list of Federal crimes has grown.

All statutes describing criminal behavior can be broken down into its various elements. Most crimes (with the exception of strict-liability crimes) consist of two elements: an act, or “actus reus” and a mental state, or “mens rea.” Prosecutors have to prove each and every element of the crime to yield a conviction.

If you have any questions about the information provided above, please contact us.

Florida Criminal Lawyer Edward J. Chandler, Esq.
If You Have Been Arrested for a Crime or are being Investigated for A Suspected Criminal Action, you need legal advice and the assistance of an Experienced Criminal Defense Lawyer. Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….

Phone (954) 788-1355

PURPOSE OF CRIMINAL LAW

Criminal law seeks to protect the public from harm by inflicting punishment upon those who have already done harm and by threatening with punishment those who are tempted to do harm. The harm that criminal law aims to prevent varies. It may be physical harm, death, or bodily injury to human beings; the loss of or damage to property; sexual immorality; danger to the government; disturbance of the public peace and order; or injury to the public health. Conduct that threatens to cause, but has not yet caused, a harmful result may be enough to constitute a crime. Thus, criminal law often strives to avoid harm by forbidding conduct that may lead to harmful results.

One purpose of both civil law and criminal law in the common law system is to respond to harmful acts committed by individuals. However, each type of law provides different responses. A person who is injured by the action of another may bring a civil lawsuit against the person who caused the harm. If the victim prevails, the civil law generally provides that the person who caused the injury must pay money damages to compensate for the harm suffered. A person who acts in a way that is considered harmful to society in general may be prosecuted by the government in a criminal case. If the individual is convicted (found guilty) of the crime, he or she will be punished under criminal law by either a fine, imprisonment, or death. In some cases, a person’s wrongful and harmful act can invoke both criminal and civil law responses.

THEORIES OF CRIMINAL PUNISHMENT

Various theories have been advanced to justify or explain the goals of criminal punishment, including retribution, deterrence, restraint (or incapacitation), rehabilitation, and restoration. Sometimes punishment advances more than one of these goals. At other times, a punishment may promote one goal and conflict with another.

Retribution: The theory of retribution holds that punishment is imposed on the blameworthy party in order for society to vent its anger toward and exact vengeance upon the criminal. Supporters of this theory look upon punishment not as a tool to deter future crime but as a device for ensuring that offenders pay for past misconduct.

Deterrence: Those who support the deterrence theory believe that if punishment is imposed upon a person who has committed a crime, the pain inflicted will dissuade the offender (and others) from repeating the crime. When the theory refers to the specific offender who committed the crime, it is known as special deterrence. General deterrence describes the effect that punishment has when it serves as a public example or threat that deters people other than the initial offender from committing similar crimes.

Restraint: Some believe that the goal of punishment is restraint. If a criminal is confined, executed, or otherwise incapacitated, such punishment will deny the criminal the ability or opportunity to commit further crimes that harm society.

Rehabilitation: Another possible goal of criminal punishment is rehabilitation of the offender. Supporters of rehabilitation seek to prevent crime by providing offenders with the education and treatment necessary to eliminate criminal tendencies, as well as the skills to become productive members of society.

Restoration: The theory of restoration takes a victim-oriented approach to crime that emphasizes restitution (compensation) for victims. Rather than focus on the punishment of criminals, supporters of this theory advocate restoring the victim and creating constructive roles for victims in the criminal justice process. For example, relatives of a murder victim may be encouraged to testify about the impact of the death when the murderer is sentenced by the court. Promoters of this theory believe that such victim involvement in the process helps repair the harm caused by crime and facilitates community reconciliation.

Conflicts Among Goals: The various justifications for criminal punishment are not mutually exclusive. A particular punishment may advance several goals at the same time. A term of imprisonment, for example, may serve to incapacitate the offender, deter others in society from committing similar acts, and, at the same time, provide an opportunity for rehabilitative treatment for the offender. On the other hand, the goals of punishment may at times conflict. The retributive and deterrence theories call for the infliction of unpleasant experiences upon the criminal, including harsh prison treatment; but the prison environment may not be conducive to, or may even defeat, rehabilitation.

No one theory of punishment addresses all the goals of criminal law. A combination of theories and goals plays a part in the thinking of the legislators who establish the ranges of punishment for various crimes, the judges and jurors who sentence offenders within these ranges, and the parole authorities who have the power to release certain prisoners.

CLASSIFICATION OF CRIMES

Crimes are classified in many different ways: common law crimes versus statutory crimes, and crimes that are mala in se (evil in themselves) versus those that are mala prohibita (criminal only because the law says so). An important classification is the division of crimes into felonies or misdemeanors. This distinction is based on the severity of the crime and is rooted in common law.

In many jurisdictions in the United States, felonies are crimes punishable by death or imprisonment in a state prison or penitentiary and misdemeanors are those punishable by fine or imprisonment in a local jail. (The term jurisdiction refers to the authority of a political entity, such as a state or a county, or the territory over which that authority is exercised.) In other jurisdictions, crimes punishable by imprisonment for one year or more are felonies, and those punishable by fine or imprisonment for less than one year are misdemeanors. Since each jurisdiction determines the penalties for offenses it defines, a misdemeanor in one jurisdiction may constitute a felony in another. Some jurisdictions have an additional classification for petty offenses, also called infractions, which are usually punishable by a small fine.

Florida Criminal Lawyer Edward J. Chandler, Esq.
If You Have Been Arrested for a Crime or are being Investigated for A Suspected Criminal Action, you need legal advice and the assistance of an Experienced Criminal Defense Lawyer. Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….

Phone (954) 788-1355

posted by Edward J. Chandler, Esq. at 10:40 AM 0 comments
Friday, August 05, 2005
Florida Criminal Lawyer Edward J. Chandler, Esq.
If You Have Been Arrested for a Crime or are being Investigated for A Suspected Criminal Action, you need legal advice and the assistance of an Experienced Criminal Defense Lawyer. Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….

Phone (954) 788-1355

Criminal Law

Welcome to my law firm. I am attorney Edward J. Chandler, Esq. The focus of my practice in Broward County Florida is Criminal Law. I represent defendants charged with either Federal or State crimes.

If you want to know about your rights and options call me for a free consultation. Call attorney Edward J. Chandler, Esq., at
Tel. (954) 788-1355

EDWARD J. CHANDLER, ESQ. represents clients in State and Federal criminal defense cases in the following areas:

Federal Criminal Trials

State Felony Trials

Drug Trafficking Cases

Conspiracy Cases

RICO Cases

Health Care Fraud

Bank Fraud

Money Laundering

Security Violations

IRS Violations

White Collar Crime

Asset Forfeiture

Grand Jury Representation

Business Fraud and Theft

Battery

DUI

Grand Theft

Battery on a LEO

Burglary
Attorney Chandler also represents individuals charged with criminal offenses including:

DUI Driving under the influence
# BUI Boating under the influence
# Traffic Cases Driving with Suspended License
# Drug Cases prescription drugs, marijuana, cocaine
# Felonies and Misdemeanors
# Juvenile Delinquency Cases
# VOP’s Violations of Probation

If You Have Been Arrested for a Crime or are being Investigated for A Suspected Criminal Action, you need legal advice and the assistance of an Experienced Criminal Defense Lawyer.

Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….

Phone (954) 788-1355

Leave a comment

Filed under Attorney, Broward County, Criminal defense, Florida law, Law, Lawyer, Uncategorized

Arrested? Know Your Rights!

Arrested? Know Your Rights!

Welcome to the
Law Offices
of
Edward J. Chandler, P.A.
708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357
“Serving Broward, Dade and Palm beach County”

Attorney Edward J. Chandler has successfully represented numerous clients in criminal cases throughout Broward, Dade and Palm beach Counties in the State of Florida.  Edward J. Chandler  prides himself on aggressive representation with a personal touch.

In addition to personally handling your case, Edward J. Chandler, Esq. will be available to you during every step of the process. Edward J. Chandler guarantees that you and your case will receive his undivided attention.

Call the Law Offices of Edward J. Chandler, P.A.  at (954) 788-1355  – Your phone consultation is free and completely confidential.

If You Have Been Arrested for a Crime or are being Investigated for A Suspected Criminal Action, you need legal advice and the assistance of an Experienced Criminal Defense Lawyer. Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….Phone (954) 788-1355

If You Are Arrested In Florida
What are your rights after your arrest?
What rights do you have when questioned by police?
Should you make statements to law enforcement?
Do you have a right to an attorney?
Can a law enforcement officer detain you without arresting you?
Can an officer use force when making an arrest?
What procedures are usually followed when you are arrested?
What happens to personal property when arrested?
How are you released from jail?

WHAT ARE YOUR RIGHTS AFTER YOUR ARREST?
You have a right to know the crime or crimes with which you have been charged. You have a right to know the identity of the police officers who are dealing with you. This is your right to statute and by custom.

You have the right to communicate by telephone with your attorney, family, friends, or bondsperson as soon after you are brought into the police station as practicable. The police have a right to complete their booking procedures before you are allowed to use the telephone.

WHAT RIGHTS DO YOU HAVE WHEN QUESTIONED BY THE POLICE?
1. You have the right to remain silent. If you choose to speak, anything you say can be used against you in court.
2. If you decide to answer any questions, you may stop at any time and all questioning will cease.
3. You have a right to consult with your attorney before answering any questions. You have the right to have your attorney present if you decide to answer any questions, and if you cannot afford an attorney, one will be provided for you or appointed for you by the court without cost to you before any further questions may be asked.

Constitutional rights may be waived or given up voluntarily. Before you say or sign anything that might result in waiver of a constitutional right, weigh your decision carefully and consult with an attorney.

If you cannot afford a private lawyer, you should advise the judge of this fact at your first appearance or as soon after that as possible. The judge will ask you some questions to see if you are eligible for the services of an attorney at public expense. You will probably be asked to take an oath of indigency, which is a sworn statement as to your inability to afford a private attorney.

SHOULD YOU MAKE STATEMENTS TO LAW ENFORCEMENT?
NO. If you are arrested in Florida, the decision whether to answer any questions is entirely your own. You should give this matter your careful consideration because oral statements, as well as, written statements will be received as evidence in court against you. If you are offered any inducement to sign a document or if you are threatened, coerced, or forced to sign anything, advise your attorney immediately and the senior police official in charge. If you do not have an attorney, you may ask to speak to one immediately.

DO YOU HAVE A RIGHT TO AN ATTORNEY?
YES. If you are unable to afford an attorney, you have a right to be put in touch with the Public Defender immediately. The Public Defender, a lawyer, is available to give you important legal advice following your arrest. If you are in doubt about whether you should talk with the arresting officer or other law enforcement officers, you should wait until you have spoken with an attorney before giving up your CONSTITUTIONAL right to remain silent. Asking for an attorney should stop all questions by the police.

CAN A LAW ENFORCEMENT OFFICER DETAIN YOU WITHOUT ARRESTING YOU?
YES, WITH LIMITATIONS! Under Florida law, based upon reasonable suspicion that you may be involved in criminal activity, a police officer may require you to identify yourself and explain your presence at a particular time, without arresting you. Under Florida law the officer may not remove you from the immediate vicinity without making an arrest, unless you voluntarily accompany the officer to some other location.

If the officer has reasonable grounds to believe that you are armed, he or she may conduct a limited pat-down of your outer garments for the purpose of detecting weapons. If this “frisk” results in reasonable belief on the part of the officer that you are carrying a weapon, the officer may remove the suspicious object for protection. The officers must return to you any unlawful object found unless they places you under arrest. Unless the officer places you under arrest, the frisk or search must be limited to suspected weapons.

The officer may ask you some questions in order to complete the field interrogation card. You have a constitutional right to not answer them, or give your name, unless the officer has an reasonable suspicion that you are involved in a crime. At the conclusion of this temporary detention the officer must either arrest you or let you go.

If you should enter a retail establishment where goods are placed on display and for sale, the merchant or the employees may detain you on the premises for a reasonable time for questioning if they have probable cause to believe that you have stolen or have attempted to steal goods for sale. Under such circumstances police officer called to the scene may make an arrest for shoplifting even though the alleged offense was not committed in the officer’s presence. Under Florida law, there are a few specified misdemeanors for which an arrest may be made without a warrant, even when not committed in the presence of the arresting officer. These exceptions to the general rule are shoplifting, carrying a concealed weapon other than a firearm, possession of not more than twenty grams of marijuana and a few others.

CAN AN OFFICER USE FORCE WHEN MAKING AN ARREST?
The officer may employ all reasonable and necessary force to overcome resistance in making a lawful arrest. The legality of the arrest has nothing to do with whether or not you are ultimately convicted. As long as the officer has reasonable grounds for making the arrest at the time for the arrest, you cannot claim later that the arrest was unlawful merely because you were found not guilty.

Resisting arrest with violence is a felony under Florida law. Resisting arrest without violence or offering to do violence is a misdemeanor. You could be convicted of either of these crimes, even if you were found not guilty of the crime for which you were arrested.

Obstructing an officer with violence is also a felony under Florida law. Obstructing or interfering with an officer on duty without violence is a misdemeanor. If you believe that your rights are being violated, make it a point to remember exactly what the police officer did and then advise your attorney concerning this at the earliest possible time.

WHAT PROCEDURES ARE USUALLY FOLLOWED WHEN YOU ARE ARRESTED?
1. The officer will take you to a police station.
2. You will be advised generally as to the charges against you. However, these charges may be changed later and stated in more detail by the office of the prosecuting attorney or in some instances by the grand jury.
3. You may be required to participate in a lineup, to prepare a sample of your penmanship, or to speak phrases associated with the crime with which you are charged, to put on certain wearing apparel or to give a sample of your hair. You should ask to have your attorney present during any of these procedures. You have an absolute right to counsel, if you are asked to participate in a lineup after you have been formally charged by the prosecuting attorney or indicted by a grand jury.
4. You also may be required to be fingerprinted and photographed.
5. You will be arraigned at a court session or your attorney will file a written plea on your behalf. An arraignment is no more than a plea of guilty, not guilty or no contest to the charge. If you plead not guilty, a trial date will be set. If you plead guilty or no contest, a sentencing date will be set, generally after the court has received a pre-sentence investigation report from probation and parole.

WHAT HAPPENS TO PERSONAL PROPERTY WHEN ARRESTED?
If you should be booked into a jail, the police may take money and property from you for safekeeping. They will carefully inventory your money and property and give you a copy of the inventory. At the time of your release or at the conclusion of your case, such money or property that was not seized as evidence in the case may be returned to you, subject to your criminal status. You will be given an opportunity to sign the property list. You should make certain that the list includes all the items taken from you.

HOW ARE YOU RELEASED FROM JAIL?
Upon arrival at the jail or shortly thereafter, you will be given an opportunity to contact your attorney. The attorney, in turn, may arrange for the posting of a bond and may appear with you in court and ask the court to lower the bail if it is believed to be excessive under the circumstances. You may be released upon personal recognizance (your promise to appear in court when directed), or you may be released on bail, which involves the posting of either cash money or a surety bond as security for your court appearance. Bail bonds from licensed sureties are usually available at a cost of 10 percent of the amount of the bail.

If you are taken into custody and booked into the jail and remain there, you must be brought before a magistrate within 24 hours of your arrest. At that appearance, you may request that the magistrate lower your bail in consideration of your ties in the community, financial resources, employment record or any other factors, including your past criminal record and your past history of failure to appear in court when scheduled.
(Reprinted from http://www.FLABar.org ).

If You Have Been Arrested for a Crime or are being Investigated for A Suspected Criminal Action, you need legal advice and the assistance of an Experienced Criminal Defense Lawyer.

Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….
Phone (954) 788-1355

Leave a comment

Filed under Attorney, Broward County, Criminal defense, Florida law, Law, Lawyer, Uncategorized

DUI- Driving Under the Influence Defense

DUI- Driving Under the Influence Defense

Welcome to the …….

Law Offices
of
Edward J. Chandler, P.A.
708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357

Call Today! 24/7

If You Have Been Arrested for a Crime or are being Investigated for A Suspected Criminal Action, you need legal advice and the assistance of an Experienced Criminal Defense Lawyer. Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….Phone (954) 788-1355

Defending a DUI in Florida

Law enforcement officers (“LEOS”) are notorious for stopping a vehicle on a “hunch” that the driver has been drinking. Once stopped, the tools used by LEOS to evaluate a driver’s possible impairment are crude and inaccurate. Many LEOS making DUI arrests have limited or no experience in evaluating the effects of alcohol on the body. In turn the machines relied upon by LEOS to test your breath, blood, or urine for alcohol are subject to error. Additionally, these machines are tightly regulated and often are not properly maintained.

Before a trial is ever held, a DUI can be challenged on constitutional, legal, or administrative grounds. A successful challenge can result in key prosecutorial evidence being thrown out by the State. The primary areas for challenging a DUI are:

* The Stop * Field Sobriety Tests * The Breathalyzer (Blood Alcohol Measurement Tests) * Your Statements

So what does all of this mean? Simply put, the State needs all of their evidence to prevent a Court from dismissing the case due to lack of evidence or in order to present a strong case to a jury. If I challenge one link in the State’s case that results in evidence being thrown out (suppressed), the State may be prohibited from proceeding or forced to negotiate a deal to a lesser charge. In DUI defense, winning one battle can result in winning the war!
Challenging The Stop

The law is very clear that a law enforcement officer may only stop you for one of two reasons: (1) If the LEO has a reasonable suspicion that your are committing a traffic infraction, or (2) if the LEO has probable cause that you are committing a crime. However, many times it can be shown that the officer was mistaken in his reason for stopping you. If this is proven, all of the evidence in your case will be thrown out and the State will be forced to dismiss your case.

A rather simple example would be if an officer stopped you for an expired license plate and subsequently arrested you for being under the influence. If I can prove that your motor vehicle license was not expired and that the officer was therefore mistaken, the Judge will find that the officer made an illegal stop and throw out all of the evidence against you.

Challenging Field Sobriety Test

In most DUI cases, law enforcement will administer Field Sobriety Tests to determine if you should be arrested. The officer’s interpretation of these tests can be challenged or suppressed based on many factors. Does the officer know what your true balance and coordination is? Do you have any physical disabilities like a bad back or bad knees? Physical disabilities or injuries may affect your ability to perform the test, thereby making them unreliable and inadmissible. Is the officer qualified to perform the specific Field Sobriety Test? Some Field Sobriety tests, such as the HGN test (eyes following pen test), may only be performed and testified abut by certified alcohol recognition experts. Other tests, such as the reverse alphabet test are not deemed reliable by the courts.
Beating the Breathalyzer

As previously mentioned, the machines used by law enforcement are tightly regulated and subject to strict maintenance requirements to be deemed reliable. Additionally, the testing itself must be done in a very specific manner. The failure to either properly maintain the machines, or to conduct the tests in accordance with the standard testing procedures, can result in the breath test being thrown out altogether, no matter how high your test came back.

Did the officer observe you for a period of 20 minutes prior to taking the breath test? Did the officer tell you to “keep blowing” during the breath test? Did the officer calibrate the machine properly prior to beginning testing? Did the officer read you Florida’s Implied Consent Law or did the officer incorrectly state the implied consent law to you? The failure of an officer to do any of these simple steps, or possibly other steps not mentioned, may result in the breath test results being thrown out.

Throwing Your Statements Out

One of the most well known Miranda Warnings states: “Anything you say can be used against you in a court of law.” However, contrary to popular belief, an officer does not have to immediately read you your rights when stopping you for a traffic infraction. Upon initially being stopped, an officer is free to ask you common questions such as where are you coming from, where are you going, have you had anything to drink. Therefore it is important you watch what you say, especially if you have been drinking.

Nevertheless, if you do say something incriminating to law enforcement, I may still be able to suppress your incriminating statements. Generally, statements are challenged for either being obtained without informing a suspect of their right to remain silent or because the statements were made under Florida’s accident report privilege.

Your Right to Remain Silent

An officer only has to read you your rights when you are under arrest, or if you are no longer free to leave. Once an officer reads you your rights you should politely decline to speak with him any further and request an attorney.
A common problem that arises in DUI arrests is when it is clear that you are no longer free to leave, the officer never reads you your rights, and continues to question you about your activities prior to being stopped. This practice is illegal and any incriminating statements gained by an officer during this time can be thrown out by a judge.

Florida’s Accident Report Privilege

Many times, persons involved in an automobile accident are later accused of DUI. And in Florida, persons involved in an automobile accident are required by law to report the accident to authorities, raising the possibility that a person suspected of DUI may make incriminating statements to law enforcement regarding the accident. Fortunately, Florida law prohibits most statements given to law enforcement by drivers, owners, or occupants regarding an automobile accident from being used in a later civil or criminal trial. This is known as Florida’s Accident Report Privilege and the purpose of the privilege is to encourage witnesses to cooperate with law enforcement in the investigation of automobile accidents.

However, the Accident Report Privilege is not absolute and there is one major exception. If a law enforcement officer suspects that you are were driving under the influence, or committed another crime related to the crash, he may “switch hats” and inform you that he is no longer conducting a crash or accident investigation and that he is now beginning a criminal investigation related to the accident. To continue questioning you, the officer must then read you your rights if he wishes to continue. At this point you should decline to answer anymore questions and request a lawyer.
Many times the officer fails to state that he is “switching hats” and read you your rights. If an officer fails to properly “switch hats” or to read you your rights, any statements you make to the officer may be suppressed as being privileged under Florida’s Accident Report Privilege.
Be Careful with Spontaneous Statements

The biggest exception to your right to remain silent and the Accident Report Privilege occurs when you make a spontaneous statements. A spontaneous statement is one that is volunteered without being asked a question. Any spontaneous statements you make before or after being read your rights can be used against you, regardless if other statements are thrown out due to illegal police misconduct or the accident report privilege.

CALL ATTORNEY CHANDLER TODAY (954) 788-1355

DUI Drivers License Suspensions in Florida

As a result of your DUI arrest, your Driver License is subject to two separate suspensions and it is important that you know the difference between each type of suspension. * The first is known as an Administrative Suspension. * The second is known as a Criminal Suspension.

Most importantly, it is imperative that you are aware of Florida’s Ten Day Rule regarding your right to fight the Administrative Suspension. Administrative Suspension

The first Driver License suspension you are subject to is known as an Administrative Suspension. This suspension is imposed if, after your DUI arrest, you either

1. Refused to submit to a breath, urine or blood test, or

2. Submitted to a breath, urine or blood test and your blood alcohol level was found to be .08 or higher.

If you refused to submit to a BAC/BAL test, or if your BAC/BAL was over .08 your Driver License will be suspended for either 6 months, 1 year, or 18 months from the date of your arrest. If your license if suspended for either reason, you will be issued a temporary driving permit that expires at midnight on the 10th day following the date of your arrest.

Florida’s Ten Day Rule You only have 10 days from the date of your arrest to request a formal review hearing with the Department of Motor Vehicles to contest the Administrative License Suspension and attempt to get your license back. If you fail to request the hearing with the 10-day period, your license will be suspended for either 6 months, 1 year, or 18 months depending on the circumstances. It is important to contact me within the 10-day period.

If a formal review hearing is requested within the mandatory 10 days of your arrest, you will be issued a temporary license that is good until seven days after the hearing. The hearing will be set approximately 30 days after your arrest. At midnight of the 7th day after the hearing, however, until we either receive notice that we won, or if the suspension is upheld, your license is suspended. Otherwise, you only have 10 days to drive after you are arrested using your citation as a driving permit.

Obtaining a Hardship Driver License

If attorney Chandler is unable to successfully challenge the administrative suspension, you may still be eligible for a hardship license. To be eligible for a hardship license you must: (1) enroll in a DUI School, (2) serve the first 90 days of your one year of the administrative suspension, and (3) provide proof of enrollment in a DUI school to your local DHSMV Administrative Review Office. The review office will then process your hardship license application. If the review office gives you approval to reinstate your license early for hardship purposes, you must then present this approval to your local driver license office. Finally, you must complete the DUI school within 90 days of being given the hardship license. Failure to complete the DUI school will result in cancellation of your hardship license until the DUI school is completed.

At the time of your license reinstatement you must take the required examination, and pay an administrative fee and a reinstatement fee and any license fee required. Additionally, proof of liability insurance on the arrest date, proof of current liability coverage, and a reinstatement fee will be required.

Criminal Suspension

As previously mentioned, there are two suspensions involved with a DUI charge, the administrative suspension and the Criminal Suspension. Unfortunately, if you are eventually convicted of DUI, another mandatory 6 or 12 month suspension begins on the date of conviction and the judge will suspend your hardship license.

Therefore, if there is a strong possibility of a DUI conviction, it may not be worthwhile get your hardship license until the Criminal Suspension has been imposed. Otherwise, you would then have to pay another fee to reinstate your hardship license. However, you would not be required to re-enroll in the DUI school. Nevertheless, if you eventually beat the DUI, your license will not be suspended a second time and you will only have to complete the administrative suspension.

Criminal Suspension Periods

Depending on the degree of DUI you are charged with, the following criminal suspension periods would be imposed if eventually convicted. After that are the eligibility requirements for a hardship license if your were to experience a Criminal Suspension.

1. First Conviction: Minimum 180 days revocation, maximum 1 year.

2. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as “A” above.

3. Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as “A” above; one conviction more than 10 years prior and one within 5 years, same as “B” above.

4. Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.

5. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.

6. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3 year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as “B-D” above.

Eligibility for Hardship License

Depending on the degree of DUI you were convicted of, the following requirements must be met in order to be eligible for a hardship license following a criminal suspension.

* First Conviction: Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for six months for BAL of .20 or higher, effective 07/03.

* Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, effective 07/03.

* Second Conviction Within 5 Years: (5 Year Revocation) May apply for hardship reinstatement hearing after one year. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement.

* Third Conviction Within 10 Years: (10 Year Revocation) May apply for hardship reinstatement hearing after two years. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in the cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for two years, effective 07/03.

* DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): May be eligible for hardship reinstatement after 5 years have expired from date of revocation or expired from date of term of incarceration provided the following requirements have been met: (1) Has not been arrested for a drug-related offense for at least 5 years prior to the hearing; (2) Has not driven a motor vehicle without a license for at least 5 years prior to the hearing; (3) Has been alcohol and drug-free for at least 5 years prior to the hearing; and (4) Must complete a DUI school and must be supervised under the DUI program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license).

* Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: (3 Year Revocation): May immediately apply for hardship reinstatement hearing. Must complete DUI school or advanced driver improvement course.

The specific and most current DUI penalties may be found in Section 316.193, Florida Statutes.

Leave a comment

Filed under Attorney, Broward County, Criminal defense, Florida law, Law, Lawyer, Uncategorized

Depositions- Rule 15 Federal Rules of Criminal Procedure!

Call attorney Edward J. Chandler, Esq. at (954) 788-1355.

LAW OFFICE OF EDWARD J. CHANDLER, P.A.
708 E. Atlantic Blvd.
Pompano Beach Fl 33060
Tel: (954) 788-1355

If you have been arrested in Florida, you need to contact attorney Edward J. Chandler, Esq., for a consultation.

Depositions- Rule 15  Federal Rules of Criminal Procedure

ARRAIGNMENT AND PREPARATION FOR TRIAL

Rule 15. Depositions

(a) When Taken.

(1) In General.

A party may move that a prospective witness be deposed in order to preserve testimony for trial. The court may grant the motion because of exceptional circumstances and in the interest of justice. If the court orders the deposition to be taken, it may also require the deponent to produce at the deposition any designated material that is not privileged, including any book, paper, document, record, recording, or data.

(2) Detained Material Witness.

A witness who is detained under 18 U.S.C. § 3144 may request to be deposed by filing a written motion and giving notice to the parties. The court may then order that the deposition be taken and may discharge the witness after the witness has signed under oath the deposition transcript.

(b) Notice.

(1) In General.

A party seeking to take a deposition must give every other party reasonable written notice of the deposition’s date and location. The notice must state the name and address of each deponent. If requested by a party receiving the notice, the court may, for good cause, change the deposition’s date or location.

(2) To the Custodial Officer.

A party seeking to take the deposition must also notify the officer who has custody of the defendant of the scheduled date and location.

(c) Defendant’s Presence.

(1) Defendant in Custody.

The officer who has custody of the defendant must produce the defendant at the deposition and keep the defendant in the witness’s presence during the examination, unless the defendant:

(A) waives in writing the right to be present; or

(B) persists in disruptive conduct justifying exclusion after being warned by the court that disruptive conduct will result in the defendant’s exclusion.

(2) Defendant Not in Custody.

A defendant who is not in custody has the right upon request to be present at the deposition, subject to any conditions imposed by the court. If the government tenders the defendant’s expenses as provided in Rule 15(d) but the defendant still fails to appear, the defendant — absent good cause — waives both the right to appear and any objection to the taking and use of the deposition based on that right.

(d) Expenses.

If the deposition was requested by the government, the court may — or if the defendant is unable to bear the deposition expenses, the court must — order the government to pay:

(1) any reasonable travel and subsistence expenses of the defendant and the defendant’s attorney to attend the deposition; and

(2) the costs of the deposition transcript.

(e) Manner of Taking.

Unless these rules or a court order provides otherwise, a deposition must be taken and filed in the same manner as a deposition in a civil action, except that:

(1) A defendant may not be deposed without that defendant’s consent.

(2) The scope and manner of the deposition examination and cross-examination must be the same as would be allowed during trial.

(3) The government must provide to the defendant or the defendant’s attorney, for use at the deposition, any statement of the deponent in the government’s possession to which the defendant would be entitled at trial.

(f) Use as Evidence.

A party may use all or part of a deposition as provided by the Federal Rules of Evidence.

(g) Objections.

A party objecting to deposition testimony or evidence must state the grounds for the objection during the deposition.

(h) Depositions by Agreement Permitted.

The parties may by agreement take and use a deposition with the court’s consent.

Call attorney Edward J. Chandler, Esq. at (954) 788-1355.

LAW OFFICE OF EDWARD J. CHANDLER, P.A.
708 E. Atlantic Blvd.
Pompano Beach Fl 33060
Tel: (954) 788-1355

Leave a comment

Filed under Attorney, Broward County, Criminal defense, Florida law, Law, Lawyer, Uncategorized

Florida Child Pornography and Obscenity Laws

Florida Child Pornography and Obscenity Laws

Welcome to the 

Law Offices
of
Edward J. Chandler, P.A.

708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357

Call Today! 24/7“FROM ARREST TO TRIAL ““COUNT ON CHANDLER”

If You Have Been Arrested for a Crime or are being Investigated for a suspected criminal action, you need legal advice and the assistance of an experienced Criminal Defense Lawyer.

Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….

Phone (954) 788-1355


In Florida, a conviction for possession and distribution of child pornography can result in jail time and other  extreme penalties, including lifelong sex offender registration, sex offender treatment and potential commitment as a predatory sex offender. The best defense against a child pornography charge is to hire an experienced criminal defense attorney with experience handling child pornography cases.

Florida Child Pornography and Obscenity Laws

CHAPTER 847  OBSCENITY

847.001 Definitions.
847.002 Child pornography prosecutions.
847.011 Prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty.
847.012 Harmful materials; sale or distribution to minors or using minors in production prohibited; penalty.
847.0125 Retail display of materials harmful to minors prohibited.
847.013 Exposing minors to harmful motion pictures, exhibitions, shows, presentations, or representations.
847.0133 Protection of minors; prohibition of certain acts in connection with obscenity; penalty.
847.0134 Prohibition of adult entertainment establishment that displays, sells, or distributes materials harmful to minors within 2,500 feet of a school.
847.0135 Computer pornography; traveling to meet minor; penalties.
847.01357 Exploited children’s civil remedy.
847.0137 Transmission of pornography by electronic device or equipment prohibited; penalties.
847.0138 Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties.
847.0139 Immunity from civil liability for reporting child pornography, transmission of child pornography, or any image, information, or data harmful to minors to a minor in this state.
847.0141 Sexting; prohibited acts; penalties.
847.0145 Selling or buying of minors; penalties.
847.0147 Obscene telephone service prohibited; penalty.
847.02 Confiscation of obscene material.
847.03 Officer to seize obscene material.
847.06 Obscene matter; transportation into state prohibited; penalty.
847.07 Wholesale promotion of obscene materials; penalties.
847.08 Hearings for determination of probable cause.
847.09 Legislative intent.
847.201 Obscene programming on cable television during promotional period unlawful; penalty; applicability.
847.202 Video movie; official rating of motion picture.

847.001 Definitions.—As used in this chapter, the term:

(1) “Adult” means a person 18 years of age or older.
(2) “Adult entertainment establishment” means the following terms as defined:
(a) “Adult bookstore” means any corporation, partnership, or business of any kind which restricts or purports to restrict admission only to adults, which has as part of its stock books, magazines, other periodicals, videos, discs, or other graphic media and which offers, sells, provides, or rents for a fee any sexually oriented material.
(b) “Adult theater” means an enclosed building or an enclosed space within a building used for presenting either films, live plays, dances, or other performances that are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specific sexual activities for observation by patrons, and which restricts or purports to restrict admission only to adults.
(c) “Special Cabaret” means any business that features persons who engage in specific sexual activities for observation by patrons, and which restricts or purports to restrict admission only to adults.
(d) “Unlicensed massage establishment” means any business or enterprise that offers, sells, or provides, or that holds itself out as offering, selling, or providing, massages that include bathing, physical massage, rubbing, kneading, anointing, stroking, manipulating, or other tactile stimulation of the human body by either male or female employees or attendants, by hand or by any electrical or mechanical device, on or off the premises. The term “unlicensed massage establishment” does not include an establishment licensed under s. 480.043 which routinely provides medical services by state-licensed health care practitioners and massage therapists licensed under s. 480.041.
(3) “Child pornography” means any image depicting a minor engaged in sexual conduct.
(4) “Computer” means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions and includes any data storage facility or communications facility directly related to or operating in conjunction with such device. The term also includes: any online service, Internet service, or local bulletin board; any electronic storage device, including a floppy disk or other magnetic storage device; or any compact disc that has read-only memory and the capacity to store audio, video, or written materials.
(5) “Deviate sexual intercourse” means sexual conduct between persons not married to each other consisting of contact between the penis and the anus, the mouth and the penis, or the mouth and the vulva.
(6) “Harmful to minors” means any reproduction, imitation, characterization, description, exhibition, presentation, or representation, of whatever kind or form, depicting nudity, sexual conduct, or sexual excitement when it:
(a) Predominantly appeals to a prurient, shameful, or morbid interest;
(b) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; and
(c) Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.
A mother’s breastfeeding of her baby is not under any circumstance “harmful to minors.”
(7) “Masochism” means sexual gratification achieved by a person through, or the association of sexual activity with, submission or subjection to physical pain, suffering, humiliation, torture, or death.
(8) “Minor” means any person under the age of 18 years.
(9) “Nudity” means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state. A mother’s breastfeeding of her baby does not under any circumstance constitute “nudity,” irrespective of whether or not the nipple is covered during or incidental to feeding.
(10) “Obscene” means the status of material which:
(a) The average person, applying contemporary community standards, would find, taken as a whole, appeals to the prurient interest;
(b) Depicts or describes, in a patently offensive way, sexual conduct as specifically defined herein; and
(c) Taken as a whole, lacks serious literary, artistic, political, or scientific value.

A mother’s breastfeeding of her baby is not under any circumstance “obscene.”
(11) “Person” includes individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations.
(12) “Sadism” means sexual gratification achieved through, or the association of sexual activity with, the infliction of physical pain, suffering, humiliation, torture, or death upon another person or an animal.
(13) “Sadomasochistic abuse” means flagellation or torture by or upon a person or animal, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction, or satisfaction brought about as a result of sadistic violence, from inflicting harm on another or receiving such harm oneself.
(14) “Sexual battery” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, “sexual battery” does not include an act done for a bona fide medical purpose.
(15) “Sexual bestiality” means any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other.
(16) “Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother’s breastfeeding of her baby does not under any circumstance constitute “sexual conduct.”
(17) “Sexual excitement” means the condition of the human male or female genitals when in a state of sexual stimulation or arousal.
(18) “Sexually oriented material” means any book, article, magazine, publication, or written matter of any kind or any drawing, etching, painting, photograph, motion picture film, or sound recording that depicts sexual activity, actual or simulated, involving human beings or human beings and animals, that exhibits uncovered human genitals or the pubic region in a lewd or lascivious manner, or that exhibits human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(19) “Simulated” means the explicit depiction of conduct described in subsection (16) which creates the appearance of such conduct and which exhibits any uncovered portion of the breasts, genitals, or buttocks.
(20) “Specific sexual activities” includes the following sexual activities and the exhibition of the following anatomical areas:
(a) Human genitals in the state of sexual stimulation or arousal.
(b) Acts of human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio, or any excretory function, or representation thereof.
(c) The fondling or erotic touching of human genitals, the pubic region, the buttocks, or the female breasts.
(d) Less than completely and opaquely covered:
1. Human genitals or the pubic region.
2. Buttocks.
3. Female breasts below the top of the areola.
4. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

847.002 Child pornography prosecutions.—
(1) Any law enforcement officer who, pursuant to a criminal investigation, recovers images or movies of child pornography shall:
(a) Provide such images or movies to the law enforcement agency representative assigned to the Child Victim Identification Program at the National Center for Missing and Exploited Children, as required by the center’s guidelines.
(b) Request the law enforcement agency contact information from the Child Victim Identification Program for any images or movies recovered which contain an identified victim of child pornography as defined in s. 960.03.
(c) Provide case information to the Child Victim Identification Program, as required by the National Center for Missing and Exploited Children guidelines, in any case where the law enforcement officer identifies a previously unidentified victim of child pornography.
(2) Any law enforcement officer submitting a case for prosecution which involves the production, promotion, or possession of child pornography shall submit to the designated prosecutor the law enforcement agency contact information provided by the Child Victim Identification Program at the National Center for Missing and Exploited Children, for any images or movies involved in the case which contain the depiction of an identified victim of child pornography as defined in s. 960.03.
(3) In every filed case involving an identified victim of child pornography, as defined in s. 960.03, the prosecuting agency shall enter the following information into the Victims in Child Pornography Tracking Repeat Exploitation database maintained by the Office of the Attorney General:
(a) The case number and agency file number.
(b) The named defendant.
(c) The circuit court division and county.
(d) Current court dates and the status of the case.
(e) Contact information for the prosecutor assigned.
(f) Verification that the prosecutor is or is not in possession of a victim impact statement and will use the statement in sentencing.

847.011 Prohibition of certain acts in connection with obscene, lewd, etc., materials; penalty.—
(1)(a) Except as provided in paragraph (c), any person who knowingly sells, lends, gives away, distributes, transmits, shows, or transmutes, or offers to sell, lend, give away, distribute, transmit, show, or transmute, or has in his or her possession, custody, or control with intent to sell, lend, give away, distribute, transmit, show, transmute, or advertise in any manner, any obscene book, magazine, periodical, pamphlet, newspaper, comic book, story paper, written or printed story or article, writing, paper, card, picture, drawing, photograph, motion picture film, figure, image, phonograph record, or wire or tape or other recording, or any written, printed, or recorded matter of any such character which may or may not require mechanical or other means to be transmuted into auditory, visual, or sensory representations of such character, or any article or instrument for obscene use, or purporting to be for obscene use or purpose; or who knowingly designs, copies, draws, photographs, poses for, writes, prints, publishes, or in any manner whatsoever manufactures or prepares any such material, matter, article, or thing of any such character; or who knowingly writes, prints, publishes, or utters, or causes to be written, printed, published, or uttered, any advertisement or notice of any kind, giving information, directly or indirectly, stating, or purporting to state, where, how, of whom, or by what means any, or what purports to be any, such material, matter, article, or thing of any such character can be purchased, obtained, or had; or who in any manner knowingly hires, employs, uses, or permits any person knowingly to do or assist in doing any act or thing mentioned above, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person who, after having been convicted of a violation of this subsection, thereafter violates any of its provisions, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) The knowing possession by any person of three or more identical or similar materials, matters, articles, or things coming within the provisions of paragraph (a) is prima facie evidence of the violation of the paragraph.
(c) A person who commits a violation of paragraph (a) or subsection (2) which is based on materials that depict a minor engaged in any act or conduct that is harmful to minors commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) A person’s ignorance of a minor’s age, a minor’s misrepresentation of his or her age, a bona fide belief of a minor’s age, or a minor’s consent may not be raised as a defense in a prosecution for one or more violations of paragraph (a) or subsection (2).
(2) Except as provided in paragraph (1)(c), a person who knowingly has in his or her possession, custody, or control any obscene book, magazine, periodical, pamphlet, newspaper, comic book, story paper, written or printed story or article, writing, paper, card, picture, drawing, photograph, motion picture film, film, any sticker, decal, emblem or other device attached to a motor vehicle containing obscene descriptions, photographs, or depictions, any figure, image, phonograph record, or wire or tape or other recording, or any written, printed, or recorded matter of any such character which may or may not require mechanical or other means to be transmuted into auditory, visual, or sensory representations of such character, or any article or instrument for obscene use, or purporting to be for obscene use or purpose, without intent to sell, lend, give away, distribute, transmit, show, transmute, or advertise the same, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A person who, after having been convicted of violating this subsection, thereafter violates any of its provisions commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. In any prosecution for such possession, it is not necessary to allege or prove the absence of such intent.
(3) No person shall as a condition to a sale, allocation, consignment, or delivery for resale of any paper, magazine, book, periodical, or publication require that the purchaser or consignee receive for resale any other article, paper, magazine, book, periodical, or publication reasonably believed by the purchaser or consignee to be obscene, and no person shall deny or threaten to deny or revoke any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure of any person to accept any such article, paper, magazine, book, periodical, or publication, or by reason of the return thereof. Whoever violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Any person who knowingly promotes, conducts, performs, or participates in an obscene show, exhibition, or performance by live persons or a live person before an audience is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who, after having been convicted of violating this subsection, thereafter violates any of its provisions and is convicted thereof is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) Every act, thing, or transaction forbidden by this section shall constitute a separate offense and shall be punishable as such.
(6) Proof that a defendant knowingly committed any act or engaged in any conduct referred to in this section may be made by showing that at the time such act was committed or conduct engaged in the defendant had actual knowledge of the contents or character of the material, matter, article, or thing possessed or otherwise dealt with, by showing facts and circumstances from which it may fairly be inferred that he or she had such knowledge, or by showing that he or she had knowledge of such facts and circumstances as would put a person of ordinary intelligence and caution on inquiry as to such contents or character.
(7) There shall be no right of property in any of the materials, matters, articles, or things possessed or otherwise dealt with in violation of this section; and, upon the seizure of any such material, matter, article, or thing by any authorized law enforcement officer, the same shall be held by the arresting agency. When the same is no longer required as evidence, the prosecuting officer or any claimant may move the court in writing for the disposition of the same and, after notice and hearing, the court, if it finds the same to have been possessed or otherwise dealt with in violation of this section, shall order the sheriff to destroy the same in the presence of the clerk; otherwise, the court shall order the same returned to the claimant if the claimant shows that he or she is entitled to possession. If destruction is ordered, the sheriff and clerk shall file a certificate of compliance.
(8)(a) The circuit court has jurisdiction to enjoin a threatened violation of this section upon complaint filed by the state attorney or attorney for a municipality in the name of the state upon the relation of such state attorney or attorney for a municipality.
(b) After the filing of such a complaint, the judge to whom it is presented may grant an order restraining the person complained of until final hearing or further order of the court. Whenever the relator state attorney or attorney for a municipality requests a judge of such court to set a hearing upon an application for such a restraining order, such judge shall set such hearing for a time within 3 days after the making of such request. No such order shall be made unless such judge is satisfied that sufficient notice of the application therefor has been given to the party restrained of the time when and place where the application for such restraining order is to be made; however, such notice shall be dispensed with when it is manifest to such judge, from the sworn allegations of the complaint or the affidavit of the plaintiff or other competent person, that the apprehended violation will be committed if an immediate remedy is not afforded.
(c) The person sought to be enjoined shall be entitled to a trial of the issues within 1 day after joinder of issue, and a decision shall be rendered by the court within 2 days of the conclusion of the trial.
(d) In any action brought as provided in this subsection, no bond or undertaking shall be required of the state attorney or the municipality or its attorney before the issuance of a restraining order provided for by paragraph (b), and there shall be no liability on the part of the state or the state attorney or the municipality or its attorney for costs or for damages sustained by reason of such restraining order in any case where a final decree is rendered in favor of the person sought to be enjoined.
(e) Every person who has possession, custody, or control of, or otherwise deals with, any of the materials, matters, articles, or things described in this section, after the service upon him or her of a summons and complaint in an action for injunction brought under this subsection, is chargeable with knowledge of the contents and character thereof.
(9) The several sheriffs and state attorneys shall vigorously enforce this section within their respective jurisdictions.
(10) This section shall not apply to the exhibition of motion picture films permitted by s. 847.013.
History.—ss. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, ch. 61-7; s. 1053, ch. 71-136; ss. 1A, 2A, 3A, 4, 5A, 6, ch. 71-337; s. 171, ch. 71-355; s. 34, ch. 73-334; s. 2, ch. 86-238; s. 68, ch. 88-381; s. 1, ch. 89-44; s. 211, ch. 91-224; s. 1348, ch. 97-102; s. 2, ch. 2008-120.
Note.—Section 7, ch. 2008-120, provides that “[t]he amendments to ss. 847.012, 847.011, 847.013, and 847.0133, Florida Statutes, by this act do not apply to providers of communications services as defined in s. 202.11, Florida Statutes, or to providers of information services, including, but not limited to, Internet access service providers and hosting service providers, when they only provide the transmission, storage, or caching of electronic communications or messages of others or provide other related communications or information services used by others in violation of such amended provisions. This exemption shall not apply to providers of communications services as defined in s. 202.11, Florida Statutes, or providers of information services that knowingly for commercial advantage or private financial gain facilitate the specific violation of such amended provisions by others.”
847.012 Harmful materials; sale or distribution to minors or using minors in production prohibited; penalty.—
(1) As used in this section, “knowingly” means having the general knowledge of, reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
(a) The character and content of any material described in this section which is reasonably susceptible of examination by the defendant; and
(b) The age of the minor.
(2) A person’s ignorance of a minor’s age, a minor’s misrepresentation of his or her age, a bona fide belief of a minor’s age, or a minor’s consent may not be raised as a defense in a prosecution for a violation of this section.
(3) A person may not knowingly sell, rent, or loan for monetary consideration to a minor:
(a) Any picture, photograph, drawing, sculpture, motion picture film, videocassette, or similar visual representation or image of a person or portion of the human body which depicts nudity or sexual conduct, sexual excitement, sexual battery, bestiality, or sadomasochistic abuse and which is harmful to minors; or
(b) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording that contains any matter defined in s. 847.001, explicit and detailed verbal descriptions or narrative accounts of sexual excitement, or sexual conduct and that is harmful to minors.
(4) A person may not knowingly use a minor in the production of any material described in subsection (3), regardless of whether the material is intended for distribution to minors or is actually distributed to minors.
(5) Any person violating any provision of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(6) Every act, thing, or transaction forbidden by this section constitutes a separate offense and is punishable as such.
(7)(a) The circuit court has jurisdiction to enjoin a violation of this section upon complaint filed by the state attorney in the name of the state upon the relation of such state attorney.
(b) After the filing of such a complaint, the judge to whom it is presented may grant an order restraining the person complained of until final hearing or further order of the court. Whenever the relator state attorney requests a judge of such court to set a hearing upon an application for a restraining order, the judge shall set the hearing for a time within 3 days after the making of the request. The order may not be made unless the judge is satisfied that sufficient notice of the application therefor has been given to the party restrained of the time when and place where the application for the restraining order is to be made.
(c) The person sought to be enjoined is entitled to a trial of the issues within 1 day after joinder of issue, and a decision shall be rendered by the court within 2 days after the conclusion of the trial.
(d) If a final decree of injunction is entered, it must contain a provision directing the defendant having the possession, custody, or control of the materials, matters, articles, or things affected by the injunction to surrender the same to the sheriff and requiring the sheriff to seize and destroy the same. The sheriff shall file a certificate of her or his compliance.
(e) In any action brought as provided in this section, a bond or undertaking may not be required of the state or the state attorney before the issuance of a restraining order provided for by paragraph (b), and the state or the state attorney may not be held liable for costs or for damages sustained by reason of the restraining order in any case where a final decree is rendered in favor of the person sought to be enjoined.
(f) Every person who has possession, custody, or control of, or otherwise deals with, any of the materials, matters, articles, or things described in this section, after the service upon her or him of a summons and complaint in an action for injunction brought under this section, is chargeable with knowledge of the contents and character thereof.
(8) The several sheriffs and state attorneys shall vigorously enforce this section within their respective jurisdictions.
(9) This section does not apply to the exhibition of motion pictures, shows, presentations, or other representations regulated under s. 847.013.
History.—ss. 1, 2, 3, 4, 5, 6, 7, ch. 67-153; ss. 1, 2, ch. 69-41; s. 1054, ch. 71-136; s. 171, ch. 71-355; s. 34, ch. 73-334; s. 1, ch. 83-77; s. 2, ch. 86-38; s. 3, ch. 86-238; s. 5, ch. 88-283; s. 1349, ch. 97-102; s. 3, ch. 2008-120.
Note.—Section 7, ch. 2008-120, provides that “[t]he amendments to ss. 847.012, 847.011, 847.013, and 847.0133, Florida Statutes, by this act do not apply to providers of communications services as defined in s. 202.11, Florida Statutes, or to providers of information services, including, but not limited to, Internet access service providers and hosting service providers, when they only provide the transmission, storage, or caching of electronic communications or messages of others or provide other related communications or information services used by others in violation of such amended provisions. This exemption shall not apply to providers of communications services as defined in s. 202.11, Florida Statutes, or providers of information services that knowingly for commercial advantage or private financial gain facilitate the specific violation of such amended provisions by others.”
847.0125 Retail display of materials harmful to minors prohibited.—
(1) “KNOWINGLY” DEFINED.—As used in this section, “knowingly” means having general knowledge of, reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
(a) The character and content of any material described herein which is reasonably susceptible of examination by the defendant, and
(b) The age of the minor; however, an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.
(2) OFFENSES AND PENALTIES.—
(a) It is unlawful for anyone offering for sale in a retail establishment open to the general public any book, magazine, or other printed material, the cover of which depicts material which is harmful to minors, to knowingly exhibit such book, magazine, or material in such establishment in such a way that it is on open display to, or within the convenient reach of, minors who may frequent the retail establishment. Such items shall, however, be displayed, either individually or collectively, behind an opaque covering which conceals the book, magazine, or other printed material.
(b) It is unlawful for anyone offering for sale in a retail establishment open to the general public any book, magazine, or other printed material, the content of which exploits, is devoted to, or is principally made up of descriptions or depictions of material which is harmful to minors, to knowingly exhibit such book, magazine, or material in such establishment in such a way that it is within the convenient reach of minors who may frequent the retail establishment.
(c) A violation of any provision of this section constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 78-273; s. 1, ch. 79-96; s. 2, ch. 83-77; s. 3, ch. 86-38; s. 4, ch. 86-238; s. 212, ch. 91-224; s. 14, ch. 2010-117.
847.013 Exposing minors to harmful motion pictures, exhibitions, shows, presentations, or representations.—
(1) “KNOWINGLY” DEFINED.—As used in this section “knowingly” means having general knowledge of, reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
(a) The character and content of any motion picture described herein which is reasonably susceptible of examination by the defendant, or the character of any exhibition, presentation, representation, or show described herein, other than a motion picture show, which is reasonably susceptible of being ascertained by the defendant; and
(b) The age of the minor.
(2) MINOR’S AGE.—A person’s ignorance of a minor’s age, a minor’s misrepresentation of his or her age, a bona fide belief of a minor’s age, or a minor’s consent may not be raised as a defense in a prosecution for a violation of this section.
(3) OFFENSES AND PENALTIES.—
(a) A person may not knowingly exhibit for a monetary consideration to a minor or knowingly sell or rent a videotape of a motion picture to a minor or knowingly sell to a minor an admission ticket or pass or knowingly admit a minor for a monetary consideration to premises whereon there is exhibited a motion picture, exhibition, show, representation, or other presentation which, in whole or in part, depicts nudity, sexual conduct, sexual excitement, sexual battery, bestiality, or sadomasochistic abuse and which is harmful to minors.
(b) A person may not knowingly rent or sell, or loan to a minor for monetary consideration, a videocassette or a videotape of a motion picture, or similar presentation, which, in whole or in part, depicts nudity, sexual conduct, sexual excitement, sexual battery, bestiality, or sadomasochistic abuse and which is harmful to minors.
(c) The provisions of paragraph (a) do not apply to a minor when the minor is accompanied by his or her parents or either of them.
(d) A minor may not falsely represent to the owner of any premises mentioned in paragraph (a), or to the owner’s agent, or to any person mentioned in paragraph (b), that the minor is 17 years of age or older, with the intent to procure the minor’s admission to such premises, or the minor’s purchase or rental of a videotape, for a monetary consideration.
(e) A person may not knowingly make a false representation to the owner of any premises mentioned in paragraph (a), or to the owner’s agent, or to any person mentioned in paragraph (b), that he or she is the parent of any minor or that any minor is 17 years of age or older, with intent to procure the minor’s admission to the premises or to aid the minor in procuring admission thereto, or to aid or enable the minor’s purchase or rental of a videotape, for a monetary consideration.
(f) A violation of any provision of this subsection constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(4) INJUNCTIVE PROCEEDINGS.—
(a) The circuit court has jurisdiction to enjoin a threatened violation of subsection (2) upon complaint filed by the state attorney in the name of the state upon the relation of such state attorney.
(b) After the filing of such a complaint, the judge to whom it is presented may grant an order restraining the person or persons complained of until final hearing or further order of the court. Whenever the relator requests a judge of the court to set a hearing upon an application for a restraining order, the judge shall set the hearing for a time within 3 days after the making of the request. An order may not be made unless the judge is satisfied that sufficient notice of the application therefor has been given to the person or persons restrained of the time when and place where the application for the restraining order is to be heard. However, the notice shall be dispensed with when it is manifest to the judge, from the allegations of a sworn complaint or independent affidavit, sworn to by the relator or by some person associated with him or her in the field of law enforcement and filed by the relator, that the apprehended violation will be committed if an immediate remedy is not afforded.
(c) The person or persons sought to be enjoined are entitled to a trial of the issues within 1 day after joinder of issue, and a decision shall be rendered by the court within 2 days after the conclusion of the trial.
(d) In any action brought as provided in this section, a bond or undertaking is not required of the state or the relator state attorney before the issuance of a restraining order provided for by this section, and there is no liability on the part of the state or the relator state attorney for costs or damages sustained by reason of such restraining order in any case in which a final decree is rendered in favor of the person or persons sought to be enjoined.
(e) Every person who has possession, custody, or control of, or otherwise deals with, any motion picture, exhibition, show, representation, or presentation described in this section, after the service upon him or her of a summons and complaint in an action for injunction brought under this section, is chargeable with knowledge of the contents or character thereof.
(5) LEGISLATIVE INTENT.—In order to make the application and enforcement of this section uniform throughout the state, it is the intent of the Legislature to preempt the field, to the exclusion of counties and municipalities, insofar as it concerns exposing persons under 17 years of age to harmful motion pictures, exhibitions, shows, representations, presentations, and commercial or sexual exploitation. To that end, it is hereby declared that every county ordinance and every municipal ordinance adopted prior to July 1, 1969, and relating to such subject shall stand abrogated and unenforceable on and after such date and that no county, municipality, or consolidated county-municipal government shall have the power to adopt any ordinance relating to that subject on or after such effective date.
History.—ss. 1, 2, 3, 4, ch. 69-10; s. 1055, ch. 71-136; s. 34, ch. 73-334; s. 3, ch. 83-77; s. 4, ch. 86-38; s. 5, ch. 86-238; s. 6, ch. 88-283; s. 1350, ch. 97-102; s. 4, ch. 2008-120.
Note.—Section 7, ch. 2008-120, provides that “[t]he amendments to ss. 847.012, 847.011, 847.013, and 847.0133, Florida Statutes, by this act do not apply to providers of communications services as defined in s. 202.11, Florida Statutes, or to providers of information services, including, but not limited to, Internet access service providers and hosting service providers, when they only provide the transmission, storage, or caching of electronic communications or messages of others or provide other related communications or information services used by others in violation of such amended provisions. This exemption shall not apply to providers of communications services as defined in s. 202.11, Florida Statutes, or providers of information services that knowingly for commercial advantage or private financial gain facilitate the specific violation of such amended provisions by others.”
847.0133 Protection of minors; prohibition of certain acts in connection with obscenity; penalty.—
(1) A person may not knowingly sell, rent, loan, give away, distribute, transmit, or show any obscene material to a minor. For purposes of this section “obscene material” means any obscene book, magazine, periodical, pamphlet, newspaper, comic book, story paper, written or printed story or article, writing paper, card, picture, drawing, photograph, motion picture film, figure, image, videotape, videocassette, phonograph record, or wire or tape or other recording, or any written, printed, or recorded matter of any such character which may or may not require mechanical or other means to be transmuted into auditory, visual, or sensory representations of such character, or any article or instrument for obscene use, or purporting to be for obscene use or purpose. The term “obscene” has the same meaning as set forth in s. 847.001.
(2) As used in this section “knowingly” has the same meaning set forth in s. 847.012(1). A “minor” is any person under the age of 18 years.
(3) A violation of the provisions of this section constitutes a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 63, ch. 90-306; s. 7, ch. 93-4; s. 5, ch. 2008-120.
Note.—Section 7, ch. 2008-120, provides that “[t]he amendments to ss. 847.012, 847.011, 847.013, and 847.0133, Florida Statutes, by this act do not apply to providers of communications services as defined in s. 202.11, Florida Statutes, or to providers of information services, including, but not limited to, Internet access service providers and hosting service providers, when they only provide the transmission, storage, or caching of electronic communications or messages of others or provide other related communications or information services used by others in violation of such amended provisions. This exemption shall not apply to providers of communications services as defined in s. 202.11, Florida Statutes, or providers of information services that knowingly for commercial advantage or private financial gain facilitate the specific violation of such amended provisions by others.”
847.0134 Prohibition of adult entertainment establishment that displays, sells, or distributes materials harmful to minors within 2,500 feet of a school.—
(1) Except for those establishments that are legally operating or have been granted a permit from a local government to operate as adult entertainment establishments on or before July 1, 2001, an adult entertainment establishment that sells, rents, loans, distributes, transmits, shows, or exhibits any obscene material, as described in s. 847.0133, or presents live entertainment or a motion picture, slide, or other exhibit that, in whole or in part, depicts nudity, sexual conduct, sexual excitement, sexual battery, sexual bestiality, or sadomasochistic abuse and that is harmful to minors, as described in s. 847.001, may not be located within 2,500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless the county or municipality approves the location under proceedings as provided in s. 125.66(4) for counties or s. 166.041(3)(c) for municipalities.
(2) A violation of this section constitutes a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 2, ch. 2001-177.
847.0135 Computer pornography; traveling to meet minor; penalties.—
(1) SHORT TITLE.—This section shall be known and may be cited as the “Computer Pornography and Child Exploitation Prevention Act.”
(2) COMPUTER PORNOGRAPHY.—A person who:
(a) Knowingly compiles, enters into, or transmits by use of computer;
(b) Makes, prints, publishes, or reproduces by other computerized means;
(c) Knowingly causes or allows to be entered into or transmitted by use of computer; or
(d) Buys, sells, receives, exchanges, or disseminates,

any notice, statement, or advertisement of any minor’s name, telephone number, place of residence, physical characteristics, or other descriptive or identifying information for purposes of facilitating, encouraging, offering, or soliciting sexual conduct of or with any minor, or the visual depiction of such conduct, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this section shall not constitute a defense to a prosecution under this section.
(3) CERTAIN USES OF COMPUTER SERVICES OR DEVICES PROHIBITED.—Any person who knowingly uses a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to:
(a) Seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or another person believed by the person to be a child, to commit any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any unlawful sexual conduct with a child or with another person believed by the person to be a child; or
(b) Solicit, lure, or entice, or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct,

commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person who, in violating this subsection, misrepresents his or her age, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Each separate use of a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission wherein an offense described in this section is committed may be charged as a separate offense.
(4) TRAVELING TO MEET A MINOR.—Any person who travels any distance either within this state, to this state, or from this state by any means, who attempts to do so, or who causes another to do so or to attempt to do so for the purpose of engaging in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child or with another person believed by the person to be a child after using a computer online service, Internet service, local bulletin board service, or any other device capable of electronic data storage or transmission to:
(a) Seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or another person believed by the person to be a child, to engage in any illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful sexual conduct with a child; or
(b) Solicit, lure, or entice or attempt to solicit, lure, or entice a parent, legal guardian, or custodian of a child or a person believed to be a parent, legal guardian, or custodian of a child to consent to the participation of such child in any act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage in any sexual conduct,

commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) CERTAIN COMPUTER TRANSMISSIONS PROHIBITED.—
(a) A person who:
1. Intentionally masturbates;
2. Intentionally exposes the genitals in a lewd or lascivious manner; or
3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including, but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity live over a computer online service, Internet service, or local bulletin board service and who knows or should know or has reason to believe that the transmission is viewed on a computer or television monitor by a victim who is less than 16 years of age, commits lewd or lascivious exhibition in violation of this subsection. The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this subsection shall not constitute a defense to a prosecution under this subsection.
(b) An offender 18 years of age or older who commits a lewd or lascivious exhibition using a computer commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) An offender less than 18 years of age who commits a lewd or lascivious exhibition using a computer commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(d) A mother’s breastfeeding of her baby does not under any circumstance constitute a violation of this subsection.
(6) OWNERS OR OPERATORS OF COMPUTER SERVICES LIABLE.—It is unlawful for any owner or operator of a computer online service, Internet service, or local bulletin board service knowingly to permit a subscriber to use the service to commit a violation of this section. Any person who violates this section commits a misdemeanor of the first degree, punishable by a fine not exceeding $2,000.
(7) STATE CRIMINAL JURISDICTION.—A person is subject to prosecution in this state pursuant to chapter 910 for any conduct proscribed by this section which the person engages in, while either within or outside this state, if by such conduct the person commits a violation of this section involving a child, a child’s guardian, or another person believed by the person to be a child or a child’s guardian.
(8) EFFECT OF PROSECUTION.—Prosecution of any person for an offense under this section shall not prohibit prosecution of that person in this state or another jurisdiction for a violation of any law of this state, including a law providing for greater penalties than prescribed in this section or any other crime punishing the sexual performance or the sexual exploitation of children.
History.—s. 11, ch. 86-238; s. 213, ch. 91-224; s. 71, ch. 96-388; s. 3, ch. 2001-54; s. 5, ch. 2007-143; s. 4, ch. 2008-172; s. 7, ch. 2009-194.

847.01357 Exploited children’s civil remedy.—
(1) Any person who, while under the age of 18, was a victim of a sexual abuse crime listed in chapter 794, chapter 800, chapter 827, or chapter 847, where any portion of such abuse was used in the production of child pornography, and who suffers personal or psychological injury as a result of the production, promotion, or possession of such images or movies, may bring an action in an appropriate state court against the producer, promoter, or possessor of such images or movies, regardless of whether the victim is now an adult. In any action brought under this section, a prevailing plaintiff shall recover the actual damages such person sustained and the cost of the suit, including reasonable attorney’s fees. Any victim who is awarded damages under this section shall be deemed to have sustained damages of at least $150,000.
(2) Notwithstanding any other provisions of law, any action commenced under this section must be filed within 3 years after the later of:
(a) The conclusion of a related criminal case;
(b) The notification to the victim by a member of a law enforcement agency of the creation, possession, or promotion of pornographic images; or
(c) In the case of a victim younger than 18, within 3 years after the person reaches the age of 18.
(3) Any victim who has a bona fide claim under this section shall, upon request, be provided a pseudonym, pursuant to s. 92.56(3), which shall be issued and maintained by the Department of Legal Affairs for use in all legal pleadings. This identifier shall be fully recognized in all courts in this state as a valid legal identity.
(4) It is not a defense to a civil cause of action under this section that the respondent did not know the victim or commit the abuse depicted in any image of child pornography.
(5) To prevent the further exploitation of victims for monetary gain by any other person, at the victim’s request and pursuant to agency approval, the Office of the Attorney General may pursue cases on behalf of any Florida victim under this section. All damages obtained shall go to the victim, and the Office of the Attorney General may seek reasonable attorney’s fees and costs as authorized under this section.
History.—s. 6, ch. 2008-172.
847.0137 Transmission of pornography by electronic device or equipment prohibited; penalties.—
(1) For purposes of this section:
(a) “Minor” means any person less than 18 years of age.
(b) “Transmit” means the act of sending and causing to be delivered any image, information, or data from one or more persons or places to one or more other persons or places over or through any medium, including the Internet, by use of any electronic equipment or device.
(2) Notwithstanding ss. 847.012 and 847.0133, any person in this state who knew or reasonably should have known that he or she was transmitting child pornography, as defined in s. 847.001, to another person in this state or in another jurisdiction commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Notwithstanding ss. 847.012 and 847.0133, any person in any jurisdiction other than this state who knew or reasonably should have known that he or she was transmitting child pornography, as defined in s. 847.001, to any person in this state commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) This section shall not be construed to prohibit prosecution of a person in this state or another jurisdiction for a violation of any law of this state, including a law providing for greater penalties than prescribed in this section, for the transmission of child pornography, as defined in s. 847.001, to any person in this state.
(5) A person is subject to prosecution in this state pursuant to chapter 910 for any act or conduct proscribed by this section, including a person in a jurisdiction other than this state, if the act or conduct violates subsection (3).

The provisions of this section do not apply to subscription-based transmissions such as list servers.
History.—s. 4, ch. 2001-54.
847.0138 Transmission of material harmful to minors to a minor by electronic device or equipment prohibited; penalties.—
(1) For purposes of this section:
(a) “Known by the defendant to be a minor” means that the defendant had actual knowledge or believed that the recipient of the communication was a minor.
(b) “Transmit” means to send to a specific individual known by the defendant to be a minor via electronic mail.
(2) Notwithstanding ss. 847.012 and 847.0133, any person who knew or believed that he or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001, to a specific individual known by the defendant to be a minor commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Notwithstanding ss. 847.012 and 847.0133, any person in any jurisdiction other than this state who knew or believed that he or she was transmitting an image, information, or data that is harmful to minors, as defined in s. 847.001, to a specific individual known by the defendant to be a minor commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

The provisions of this section do not apply to subscription-based transmissions such as list servers.
History.—s. 5, ch. 2001-54; s. 8, ch. 2009-194.
847.0139 Immunity from civil liability for reporting child pornography, transmission of child pornography, or any image, information, or data harmful to minors to a minor in this state.—Any person who reports to a law enforcement officer what the person reasonably believes to be child pornography, transmission of child pornography, or any image, information, or data that is harmful to minors to a minor in this state may not be held civilly liable for such reporting. For purposes of this section, such reporting may include furnishing the law enforcement officer with any image, information, or data that the person reasonably believes to be evidence of child pornography, transmission of child pornography, or an image, information, or data that is harmful to minors to a minor in this state.
History.—s. 6, ch. 2001-54.
847.0141 Sexting; prohibited acts; penalties.—
(1) A minor commits the offense of sexting if he or she knowingly:
(a) Uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any photograph or video of any person which depicts nudity, as defined in s. 847.001(9), and is harmful to minors, as defined in s. 847.001(6).
(b) Possesses a photograph or video of any person that was transmitted or distributed by another minor which depicts nudity, as defined in s. 847.001(9), and is harmful to minors, as defined in s. 847.001(6). A minor does not violate 1this paragraph if all of the following apply:
1. The minor did not solicit the photograph or video.
2. The minor took reasonable steps to report the photograph or video to the minor’s legal guardian or to a school or law enforcement official.
3. The minor did not transmit or distribute the photograph or video to a third party.
(2)(a) The transmission or distribution of multiple photographs or videos prohibited by paragraph (1)(a) is a single offense if the photographs or videos were transmitted or distributed within the same 24-hour period.
(b) The possession of multiple photographs or videos that were transmitted or distributed by a minor prohibited by paragraph (1)(b) is a single offense if the photographs or videos were transmitted or distributed by a minor in the same 24-hour period.
(3) A minor who violates subsection (1):
(a) Commits a noncriminal violation for a first violation, punishable by 8 hours of community service or, if ordered by the court in lieu of community service, a $60 fine. The court may also order the minor to participate in suitable training or instruction in lieu of, or in addition to, community service or a fine.
(b) Commits a misdemeanor of the first degree for a violation that occurs after being found to have committed a noncriminal violation for sexting, punishable as provided in s. 775.082 or s. 775.083.
(c) Commits a felony of the third degree for a violation that occurs after being found to have committed a misdemeanor of the first degree for sexting, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) This section does not prohibit the prosecution of a minor for a violation of any law of this state if the photograph or video that depicts nudity also includes the depiction of sexual conduct or sexual excitement, and does not prohibit the prosecution of a minor for stalking under s. 784.048.
(5) As used in this section, the term “found to have committed” means a determination of guilt that is the result of a plea or trial, or a finding of delinquency that is the result of a plea or an adjudicatory hearing, regardless of whether adjudication is withheld.
History.—s. 1, ch. 2011-180.
1Note.—The word “paragraph” preceding the word “this” was deleted by the editors.
847.0145 Selling or buying of minors; penalties.—
(1) Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, either:
(a) With knowledge that, as a consequence of the sale or transfer, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct; or
(b) With intent to promote either:
1. The engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct; or
2. The rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct;

shall be guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) Whoever purchases or otherwise obtains custody or control of a minor, or offers to purchase or otherwise obtain custody or control of a minor, either:
(a) With knowledge that, as a consequence of the purchase or obtaining of custody, the minor will be portrayed in a visual depiction engaging in, or assisting another person to engage in, sexually explicit conduct;
(b) With intent to promote either:
1. The engaging in of sexually explicit conduct by such minor for the purpose of producing any visual depiction of such conduct; or
2. The rendering of assistance by the minor to any other person to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct;

shall be guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 2, ch. 88-283.
847.0147 Obscene telephone service prohibited; penalty.—
(1) It is unlawful for any telephone subscriber to sell, offer for sale, or transmit, over telephone lines, any obscene material or message described and promoted as “adult” and of a nature which is commonly understood to be for the purposes of sexually oriented entertainment.
(2) Any person who violates the provisions of this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 3, ch. 88-283; s. 214, ch. 91-224.
847.02 Confiscation of obscene material.—Whenever anyone is convicted under s. 847.011, the court in awarding sentence shall make an order confiscating said obscene material and authorize the sheriff of the county in which the material is held to destroy the same. The sheriff shall file with the court a certificate of his or her compliance.
History.—s. 2, ch. 7359, 1917; RGS 5439; CGL 7582; s. 6, ch. 86-238; s. 1351, ch. 97-102.
847.03 Officer to seize obscene material.—Whenever any officer arrests any person charged with any offense under s. 847.011, the officer shall seize said obscene material and take the same into his or her custody to await the sentence of the court upon the trial of the offender.
History.—s. 3, ch. 7359, 1917; RGS 5440; CGL 7583; s. 7, ch. 86-238; s. 1352, ch. 97-102.
847.06 Obscene matter; transportation into state prohibited; penalty.—
(1) Whoever knowingly transports into the state or within the state for the purpose of sale or distribution any obscene book; magazine; periodical; pamphlet; newspaper; comic book; story; paper; written or printed story or article; writing; paper; card; picture; drawing; photograph; motion picture film; figure; image; phonograph record, or wire or tape or other recording, or other article capable of producing sound; or any other matter of obscene character shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) When any person is convicted of a violation of this section, the court in its judgment of conviction may, in addition to the penalty prescribed, order the confiscation and disposal of such items described herein which were found in the possession or under the immediate control of such person at the time of his or her arrest.
History.—s. 1, ch. 29849, 1955; s. 1058, ch. 71-136; s. 1, ch. 79-134; s. 8, ch. 86-238; s. 1353, ch. 97-102.
847.07 Wholesale promotion of obscene materials; penalties.—
(1) As used in this section, “wholesale promote” means to manufacture, issue, sell, provide, deliver, transfer, transmit, publish, distribute, circulate, or disseminate, or offer or agree to do the same, with or without consideration, for purposes of resale or redistribution.
(2) Any person who knowingly wholesale promotes any obscene matter or performance, or in any manner knowingly hires, employs, uses, or permits any person to wholesale promote or assist in wholesale promoting any obscene matter or performance, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) No person shall, as a condition to sale, allocation, consignment, or delivery for resale of any matter or performance, require that the purchaser or consignee receive for resale any other matter or performance reasonably believed by the purchaser or consignee to be obscene; and no person shall deny or revoke any franchise, or threaten to do so, or impose or threaten to impose any penalty, financial or otherwise, by reason of the refusal or failure of any person to accept any such matter or by reason of the return thereof. Whoever violates this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 73-120; s. 4, ch. 83-77; s. 9, ch. 86-238.
847.08 Hearings for determination of probable cause.—Whenever an indictment, information, or affidavit is filed under the provisions of ss. 847.07-847.09, the state attorney or his or her duly appointed assistant may apply to the court for the issuance of an order directing the defendant or his or her principal agent or bailee or other like person to produce the allegedly obscene materials at a time and place so designated by the court for the purpose of determining whether there is probable cause to believe said material is obscene. After hearing the parties on the issue, if the court determines probable cause exists, it may order the material held by the clerk of the court pending further order of the court. This section shall not be construed to prohibit the seizure of obscene materials by any other lawful means.
History.—s. 2, ch. 73-120; s. 10, ch. 86-238; s. 1354, ch. 97-102.
847.09 Legislative intent.—
(1) In order to make the application and enforcement of ss. 847.07-847.09 uniform throughout the state, it is the intent of the Legislature to preempt the field, to the exclusion of counties and municipalities, insofar as it concerns exposing persons over 17 years of age to harmful motion pictures, exhibitions, shows, representations, and presentations. To that end, it is hereby declared that every county ordinance and every municipal ordinance adopted prior to July 1, 1973, and relating to said subject shall stand abrogated and unenforceable on and after such date and that no county, municipality, or consolidated county-municipal government shall have the power to adopt any ordinance relating to the subject on or after such effective date. If ss. 847.07-847.09 are declared to be illegal, unconstitutional, or otherwise unenforceable, any county or municipal ordinance abrogated before ss. 847.07-847.09 were declared unconstitutional shall be in full force and effect, and each county, municipality, and consolidated county-municipal government shall have the power to adopt ordinances relating to this subject.
(2) Nothing in ss. 847.07-847.09 shall be construed to repeal or in any way supersede the provisions of s. 847.011, s. 847.012, or s. 847.013.
(3) Nothing herein shall be construed to limit the free exercise of free speech or picketing by any organization, group, or individual for the purpose of upholding community standards.
History.—ss. 3, 4, 6, ch. 73-120.
847.201 Obscene programming on cable television during promotional period unlawful; penalty; applicability.—
(1) It is unlawful for any owner or operator of any cable television service to provide on any basic cable channel during a promotional “free weekend” or other advertising period obscene programming or programming otherwise unprotected by the Constitution of the United States.
(2) Any person who violates the provisions of subsection (1) is guilty of a misdemeanor of the first degree, punishable by a fine of up to $2,000.
(3) This section shall not apply to any owner or operator of any cable television service who:
(a) Provides to its subscribers of basic cable channels at least once annually, and to its new subscribers of basic cable channels at the time of subscription, at least 30 days’ advance written notice that such aforesaid programming may be shown, which notice shall include the dates and times such programming may be shown; and
(b) Upon request of the subscribers of basic cable channels and during such promotional period, electronically “locks out” the aforesaid programming from the basic cable channels so that it is not received in the television receivers of such subscribers requesting not to receive such programming, or makes available at no cost to the subscribers of basic cable channels parental control devices, sometimes known as “lock boxes,” which devices shall have the capability of “locking out” or denying reception to the television receivers of such aforesaid subscribers requesting same.
History.—s. 1, ch. 87-215.
847.202 Video movie; official rating of motion picture.—
(1) As used in this section, the term:
(a) “Official rating” means an official rating of the Motion Picture Association of America, and the Film Advisory Board, Inc., or any other official rating organization.
(b) “Person” means an individual, corporation, partnership, or any other legal or commercial entity.
(c) “Video movie” means a videotape or video disc copy of a motion picture film.
(2) It is unlawful for a person to sell at retail, rent to another, attempt to sell at retail, or attempt to rent to another, a video movie in this state unless the official rating of the motion picture from which it is copied is clearly displayed on the outside of its cassette, case, jacket, or other covering. If the motion picture from which the video movie is copied has no official rating or if the video movie has been altered so that its content materially differs from the motion picture, such video movie shall be clearly and prominently marked as “N.R.” or “Not Rated.” Any person who violates the provisions of this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 7, ch. 88-283.

Attorney Edward J. Chandler has successfully represented numerous clients charged with criminal offenses throughout the State of Florida.  Edward J. Chandler  prides himself on aggressive representation with a personal touch. Armed with Federal and State legal knowledge and experience, he can build a winning defense. Edward J. Chandler, Esq. is accustomed to taking on the criminal justice system and achieving the best results for his clients. In addition to personally handling your case from investigation, arrest, bond hearing, arraignment, discovery and through jury trial, Edward J. Chandler, Esq. will be available to you during every step of the criminal procedure. Edward J. Chandler guarantees that you and your case will receive his undivided attention.

When your future is on the line…Call the Law Offices of Edward J. Chandler, P.A.  at (954) 788-1355  24/7 immediately! Your phone consultation is free and completely confidential.

Professional Organizations:


   * Florida Bar since 1991
    * Broward County Bar Association
    * Association of Trial Lawyers of America -ATLA
    * Federal Bar
    * Federal Court -Southern and Middle Districts of Florida
    * Supreme Court of United States
    * 4th District Court of  Appeals
    * 11th Circuit Court of Appeals
    * United States Tax Court

Welcome to the …….
Law Offices
of
Edward J. Chandler, P.A.
708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357
Call Today! 24/7

If You Have Been Arrested for a Crime or are being Investigated for A Suspected Criminal Action, you need legal advice and the assistance of an Experienced Criminal Defense Lawyer. Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….Phone (954) 788-1355

EDWARD J. CHANDLER, ESQ. represents clients in State and Federal criminal defense cases in the following areas:

  • Federal Criminal Trials
  • State Felony Trials
  • Drug Trafficking Cases
  • Conspiracy Cases
  • RICO Cases
  • Health Care Fraud
  • Bank Fraud
  • Money Laundering
  • Security Violations
  • IRS Violations


  • White Collar Crime
  • Asset Forfeiture
  • Grand Jury Representation
  • Business Fraud and Theft
  • Battery
  • DUI
  • Grand Theft
  • Battery on a LEO
  • Burglary

Attorney Chandler also represents individuals charged with criminal offenses including:

  1. DUI Driving under the influence
  2. BUI Boating under the influence
  3. Traffic Cases Driving with Suspended License
  4. Drug Cases prescription drugs, marijuana, cocaine
  5. Felonies and Misdemeanors
  6. Juvenile Delinquency Cases
  7. VOP’s Violations of Probation

If You Have Been Arrested for a Crime or are being Investigated for A Suspected Criminal Action, you need legal advice and the assistance of an Experienced Criminal Defense Lawyer.

Call the Law Offices of Edward J. Chandler, P.A. to begin protecting your rights TODAY….

Phone (954) 788-1355

The information on this Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Note: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult with an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time as an attorney-client relationship has been established. All information herein is subject to Florida Rules of Professional Conduct 4-7.2.

Leave a comment

Filed under Attorney, Broward County, Criminal defense, Florida law, Law, Lawyer, Uncategorized