When the ICAC officer took the stand (under oath) and was asked by the prosecutor, are the police allowed to bend and break the rules and even violate the laws of the state of Florida to catch a criminal” the officer answered “yes”. My son was no criminal. The officer was the aggressor and pushed my son into going. My son said, “maybe tomorrow”. The ICAC officer said “Oh well you sux!!! Why tomorrow”. The ICAC officer was the initiator, willing participant, aggressor, or provoker of the incident. Florida will not listen and we are now out of the Florida courts. I am now speaking out and would like to know if there is any advice you could give to us.

My son who has ADHD was caught up in a Florida child sex sting in 2011 called Operation Blue Shepherd. The ad posted on an adult section of Craigslist which said “Sister looking for a hot night – w4m – 19 but they did a bait and switch. We lost at trial. Our attorney had never done a case like this, and we were not knowledgeable about the law. It has been many years of fighting, and we learned a lot. We found another lawyer who has tried to clean up the mess from the trial court but Florida will not listen. I have learned from what I can see is that the police are not the only ones who are corrupt but the courts are too. My son’s case is clearly entrapment as a matter of law and the judge just turned his head and pushed it on to trial or else take two felony pleas.

When the ICAC officer took the stand (under oath) and was asked by the prosecutor, are the police allowed to bend and break the rules and even violate the laws of the state of Florida to catch a criminal” the officer answered “yes”. My son was no criminal. The officer was the aggressor and pushed my son into going. My son said, “maybe tomorrow”. The ICAC officer said “Oh well you sux!!! Why tomorrow”. The ICAC officer was the initiator, willing participant, aggressor, or provoker of the incident. Florida will not listen and we are now out of the Florida courts.

Today putting People in jeopardy twice is commonplace. The Judges get around this one with the ” dual sovereigns doctrine ” If someone is charged with ” armed robbery ” in federal court and found innocent , the State prosecutor can charge the acquitted defendant again. See ” Bartkus v. People of State of Illinois , 79 S.Ct 676 ( 1959 ) Defendants in criminal cases are compelled to be witnesses against themselves all the time. These proceedings are called ” guilty Pleas ” and was unknown to our ancestors . Supposedly , criminal defendants ” waive” their right to self incrimination in order to obtain the benefit of a plea bargain . In reality prosecutors cheat , and stack charges to terrorize defendants and induce plea bargains motivated by fear of draconian sentences meted out by a Judge who has already demonstrated his or her venality and bias in favor of the prosecution. Such proceedings are almost always upheld as ” lawful ” by the Judges. See ” Bordenkircher v. Hayes , 98 S.Ct 663 ( 1978 ) As the Federal and State criminal courts have become more and more biased in favor of the prosecution . Prosecutors have begun committing crimes of their own in order to make life easier for themselves by stacking Bogus charges on a indictment , prosecutors information , or other charging instruments in order to mislead a criminal defendant into accepting a ” plea Bargain “. This procedure is called ” offering a false instrument for filing ” and is a crime in every State in the Union , United States . Now see if you can get a Judge to do anything about It ? The only answer to fight this is in formation and numbers . All effected have had ” due process violated ” and double Jeopardy violations are incorp , in stacking multiple same charges , related to the same criminal element regardless of days , or weeks in the same time frame . The remedy is for more people to examine the law , and see that their case carries a double jeopardy , violation . In cases were exfelons have served their sentence , and is off probation, or parole . A conviction can be attacked by means of ” The writ of Error , Coram Nobis . See Law studies . On Paper one can challenge by Post Conviction Relief , or Habeas Corpus , relief . As the conviction is based on Fraud . False instrument filing in your case . Do not give up . The Law has Remedy for False Convictions . If more people attacked this Practice we would have less of this , and lower punishment in Years . I encourage you to do your Legal Research , and overcome if you have this situation yourself . Note : In some cases one my not get off the charges fully , But the Prison Time , or Probation Time can be reduced Greatly .

Jm

Hopefully someday you can be released from being a threat to communities in Florida and be removed from the registry. I didn’t go to Florida on vacation instead I moved there and now I’m on it for life. Just like I hope I can be removed from Florida’s registry because I have no desire to ever step foot in the state again. Have you thought about the out of state challenge?

https://www.miamiherald.com/news/special-reports/florida-prisons/article243711077.html

Mycase was opposite: the state refused the case but i pled to the fed and just probation. All ok not on list….. then a trip to florida and im here forever.

https://www.prisonpolicy.org/blog/2019/06/06/sexoffenses/

My hands hurt from writing emails getting currently research on issues related to criminal justice; but I’ll keep doing it until my fingers fall off.

I’m not a lawyer, but my understanding of Blockberger is that if the statutory elements of one crime are a subset of another crime, then one can’t be charged with both. For example, if the first crime consists of elements A, B, and C, and the second comprises elements A and C, an accused can only be convicted of one or the other. The second crime is completely “subsumed” by the first. However, if there is one element that is different, then double jeopardy would not apply.

Another twist on double jeopardy arises from our unique constitutional system where states and the federal government are independent sovereigns. If both a state and the feds can obtain jurisdiction, then each can independently prosecute even if the elements of the crimes are identical. This is not double jeopardy because an accused has “offended” each sovereign.

This is not unusual in child porn cases. For instance, if a person takes a picture that is child porn, the state where it occurred has jurisdiction to prosecute. The feds could also claim jurisdiction through the “Commerce Clause” because the camera used wasn’t manufactured in the state. One could do state time followed by federal time for the same picture even if the state and federal elements were identical.

A friend took a plea for child porn possession and his sentence was later reduced to probation. The federal prosecutor didn’t like this and brought federal possession charges. Since he had already admitted to the possession in the state plea agreement, he had no defense in federal court. In this case, federal jurisdiction was obtained because the pictures themselves had crossed state lines. So his federal conviction was a done deal.

Nasty stuff. Consult a good lawyer.

Veritas.

Mykonos and Santorini and other greek islands have a much better way of life….I miss them!

The Grilled Octopus, and The Real Feta! A Real Treat!

Bon Appetite!