Why You Should Choose Brett Metcalf, Criminal Defense Attorney, P.A.
By working with an accomplished defense attorney as soon as possible, you improve the chance that your attorney can steer the prosecutor away from wrongfully filing charges. Your attorney may present evidence that assures them of your innocence. If a prosecutor insists on pursuing the case, then Brett Metcalf, Criminal Defense Attorney, P.A. will aggressively defend you in court.
Brett is known for getting results. He opened his private practice in Tampa in 2012. Since then, he has successfully defended many people against sex crime allegations and other crimes. As a prior prosecutor, he has firsthand knowledge of what it takes to gain and defeat a sex crime conviction.
He prosecuted many criminal cases in the State Attorney’s Office. He knows how prosecutors prepare for sex offense cases and he knows how to look for holes in their arguments. He is not afraid to aggressively pursue a pretrial dismissal or an acquittal at trial.
For Brett’s efforts and successes, he has garnered more than 70 five-star reviews and a perfect 10 rating on Avvo.com. In addition to his client reviews, he also has been recognized by respected legal organizations. The National Trial Lawyers named him part of the Top 40 Under 40 and the Top 100 Trial Lawyers.
Sex Crime Cases We Handle
At Brett Metcalf, Criminal Defense Attorney, P.A., we are here to defend you against allegations of:
Sexual Assault and Battery
Florida’s sexual battery law, Florida Statute 794.011, covers a number of sex crime offenses, including what many consider rape and sexual assault against adults and minors. Sexually battery is defined as oral, anal, or vaginal penetration by the sexual organ of another or vaginal or anal penetration of another by any object. Sexual battery offenses are felonies, though the degree of the felony depends on your specific conduct, whether a weapon was used, whether the victim suffered serious bodily injury and the age of the victim.
Our sex crimes defense attorneys aggressively defend against allegations of our clients engaging in non-consensual sexual intercourse. We have defended against allegations of involving a victim who was allegedly helpless, incapacitated, coerced or forced to engage in sexual conduct.
Sexual Performance by a Child/Child Pornography
Florida Statute 827.071 penalizes the creation, promotion, possession or viewing of materials depicting children involved in sexual conduct. Pornography includes any type of medium, including photos, movies, a computer depiction, or data. These charges often arise because of online police stings. If you are wrongfully accused of having child pornography because of a sting, call us immediately.
Sex with a Minor
You can be charged with a crime for sexual conduct with minors under various laws. Florida Statute 794.05 prohibits a person 24 years or older from engaging in sexual activity with a 16 or 17-year-old. This is similar to a statutory rape offense and is a second-degree felony. When someone over 18 years old performs sex with a person between 12 and 17 years old, this is a first-degree felony under Florida’s sexual battery statute. When someone engages in sexual activity with a minor between 12 and 16 years old, they can be charged with lewd or lascivious battery. This also is a second-degree felony. We defend against all of these crimes and others.
Prostitution & Solicitation
Prostitution, solicitation, and related offenses are prohibited in the Florida Statutes Chapter 796. We are here to defend you against allegations that you performed sexual conduct in exchange for money or something of value or that you purchased or attempted to purchase sexual conduct. Depending on the specific allegations against you, you may face a misdemeanor or felony.
Lewdness and Indecent Exposure
Our sex crimes criminal lawyers defend individuals against allegations of unnatural and lascivious acts, exposure of their sexual organs, and lewd acts committed in a minor’s presence under Chapter 800. Lascivious acts and exposure are misdemeanor offenses. However, committing lewd acts with minors is a felony.
Sexual Offender Removal
Our firm works with many people who were convicted of sex offenses and forced to register as a sex offender. This measure, which lawmakers claim protects potential sex crime victims, brings with it an intense stigma. It can make moving forward in life extremely difficult. We have experience with winning our clients the right to have their names removed from the sex offender list.
Early Intervention is Essential
When you learn you are facing allegations of a sex crime, the best way to protect and defend yourself is to ask for legal advice right away. Early intervention is essential to improving the chance of avoiding charges or obtaining a dismissal.
Your sex crime lawyer will immediately take steps to protect your rights, limit the evidence against you, and fight for the charges to be reduced or dropped.
What to Do if You Are Being Investigated
You may learn you are being investigated by word of mouth. Your friends, family members, or coworkers may pass on the news that someone accused you of a sex offense. This is a frightening situation. The police may have been investigating you for days or weeks without your knowledge.
Do not call the police or contact the victim. Do not try to clear up a misunderstanding or prove your own innocence. Anything you say or do can be used against you. You may end up incriminating yourself by accident.
If you learn about the allegations when a detective or officer contacts you, politely decline to talk with them. Ask for their name and contact information and tell them you will get back to them after contacting a sex crime attorney.
What to Expect During a Sex Crime Investigation
The process of a sex offense case can be lengthy. It can take months for you to be charged after someone accuses you of wrongdoing. Then it can take weeks or months for your case to progress through the court system.
Our sex crimes defense lawyers will guide you and protect your rights at each step.
Report of a Sex Crime:
Anyone can report a sex offense. In some cases, the alleged victim may file a report with the police. In other cases, someone who believes they witnessed criminal conduct may come forward. Another possibility is that your name was obtained through a police sting. Internet stings are often used to find individuals involved in prostitution and child pornography.
The Preliminary Investigation:
After the police are given information that indicates you may have committed a sex crime, they will enter into a preliminary investigation. During this time, the police may not contact you. Instead, they will gather evidence by speaking with the alleged victim, talking to witnesses, gathering evidence from a crime scene, and delving into your background and relationships with the victim.
One way the police gather information regarding an alleged sex offense is to thoroughly interview the alleged victim and any possible witnesses. The police do not limit themselves to witnesses of the exact crime. They may wish to talk with individuals who witnessed your interactions and relationship with the alleged victim before or after the crime. This can include your friends, fellow students, coworkers, and even relatives.
Contact by a Detective or Officer:
Once a police officer believes they have preliminary evidence against you, they will finally contact you. The officer may come to your home or office or give you a call. They may wish to speak with you at home or work or ask you to come down to the station. You should not talk with an office before speaking to an attorney. Ask for the officer’s name and contact information and politely decline the interview.
Charges and Arrest:
Once the police and prosecution believe they have enough evidence, you will be arrested and charged, or the prosecution will convene a grand jury and seek an indictment. Depending on the offense and the evidence available, the prosecution may be able to charge you by filing a complaint. Or, the prosecution may ask a grand jury to listen to the evidence and, if there is a finding of probable cause, indict you for a felony sex offense.
First Appearance in Court and Release From Jail:
Following your arrest, you will be brought to court for your first appearance. You will be told the charges against you and advised of your right to an attorney. At this time, you also will learn the conditions for your release, such as the amount of bail.