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NEVER a prosecutor

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Bradenton “Sex on the Beach” couple scheduled for sentencing today
Posted by: Thomas Grajek  | On 06th July, 2015

Today the infamous couple convicted of having “Sex on the Beach” are scheduled to be sentenced today.  I have previously posted about this case explaining how serious this charge can be at:

Florida couple found guilty of “Sex on the beach” and now will be classified as sexual offenders and face prison time.

Bay News 9 is reporting that the prosecutor is only seeking 2 1/2 years in prison for the male involved in the case.  If the judge agrees to mitigate Jose Caballero’s sentence to that prison sentence, it will be a hug break for him as he is facing a mandatory 15 years in prison.  The State can agree to mitigate the sentence which is one of the few ways to legally mitigate a Florida Mandatory Minimum penalty.  The Bay News 9 story can be found at:

http://www.baynews9.com/content/news/baynews9/news/article.html/content/news/articles/bn9/2015/7/6/state_seeks_2_1_2_ye.html

The 21 year old female, Elissa Alvarez, was sentence to time served.  anytime an individual is sentenced to “time-served” for a crime that person is “Adjudicated Guilty” which means they are convicted of the offense.  This makes Ms. Alvarez a convicted felon.  Both are now sex offenders and must register and face the onerous conditions placed on sex offenders in Florida or even another state if they move.  In addition, Ms. Alavarez is prevented from sealing or expunging any other criminal record due to the adjudication.  This charge, “lewd and lascivious battery in the presence of a minor” is not an offense that can be sealed under Florida law even if the judge “withheld adjudication”.

If you have been arrested for a sexual offense, call an experienced sex crimes attorney.

Thomas C. Grajek

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