Criminal Defense Attorney | Criminal Defense Law

Blog Published By Kenneth Padowitz, P.A.

‘Child Neglect’

Florida Supreme Court | Recording Cannot Be Used As Evidence

Recording as Evidence

Two-Party Consent Law The Florida Supreme Court ruled in McDade v. State of Florida, that secretly recorded statements by the victim of a crime cannot be used as evidence against the defendant; this applies even in cases of child sex abuse, or neglect. It was unanimously decided by the justices that the FloridaLegislature would have to change the current law as it stands to allow any such evidence to be allowed as evidence into court. Within the 18-page decision, Justice Charles Canady made it clear that there is no exception to this ruling: “The recordings supported the victim’s testimony that McDade would regularly ask her to have sex with him after school. On both occasions, though he did not use sexually explicit language, he appeared to be asking her to have sex with him. He pressured her by suggesting that if she did not have sex with him he would get physically sick. McDade also indicated he was doing her a favor by not telling her mother that they were having sex because if the mother knew she would take the victim back to Mexico.”… Read More

Child Neglect | Gun in Toddler’s Mouth

Video of Toddler Gun in Mouth | Child Neglect

Video of Toddler with Gun in Mouth Parents Arrested | Child Neglect & Criminal Recklessness Parents from Evansville, Indiana, are facing charges of criminal recklessness and child neglect after police found a video of their one-year-old child placing a gun in her mouth, which police later identified as a .40-caliber handgun. According to the report, a man can be heard saying “pow”, and encouraging the child to do the same. Michael Barnes was arrested after attempting to sell a gun to an undercover police officer that he met online, which then led to the discovery of the video on the phone. It is still unclear whether or not police legally obtained the video from the cell phone; according to the U.S. Supreme Court opinion in Riley v. California, police need to obtain a warrant to go through the contents of a suspect’s phone. If the video was illegally obtained, a criminal defense attorney may file a motion to suppress the evidence due to an illegal search or seizure. Assuming there was no error on the police’s part, the video will be used against Michael Barnes during… Read More