Criminal Defense Attorney | Criminal Defense Law

Blog Published By Kenneth Padowitz, P.A.

‘Sex Crimes’

Legislation and Child Rearing

children and the law legislation

Perhaps there is no area of legislation, law enforcement and social consideration of greater consideration or more hotly debated than those governing domestic considerations, especially child rearing. Legislation and child rearing have gone hand in hand before but are rarely comfortable partners. The challenge is to define that thin, narrow line between protecting children and allowing adults enough control to effectively teach and discipline youngsters. From such proverbial directives as “Sparing the rod is spoiling the child,” and “A student’s ears are on his back,” to more nurturing approaches that maintain that a child learns best in an environment of acceptance and understanding, just what to do and when to do it have long been questions. The Scope of the Problem At one end of the spectrum we have infant abandonment, young children left in hot cars, and shaken babies; at the other end, we have frustrated, angry young adults who return to their school or church to demonstrate their pique with guns. Babies become adults. Nurturing can make a difference, but it is still unclear just how much. The jury is still out on… Read More

Flawed Hair Evidence Used to Convict Innocent People

A picture is emerging of how flawed hair evidence was used to convict people who may have been innocent. In one of the cases, Richard Beranek was convicted and sentenced to a prison term of 243 years. He was found guilty in a rape case where the rape had been committed 130 miles from where he lived. The rape victim picked him out of a number of photographs and told police that he was almost certainly the attacker. She then picked him out of a lineup. Before she was raped, the 28-year-old woman had been followed around town. An unknown man had also been harassing her with sexually charged telephone calls. She suspected that the man lived nearby. Beranek would emerge as a prime suspect two years after the rape attack. Police thought Beranek, who was facing another sexual assault charge in his hometown, had the closest resemblance to a sketch they had drawn of the suspect in the rape in Stoughton. Wayne Oakes was the FBI analyst in the case. He sealed Beranek’s fate by concluding that a hair that was found in the… Read More

Can You Break the Law in Virtual Reality?

virtual reality can you commit a crime? | Kenneth Padowitz, P.A. | Criminal Attorney

Virtual reality is now becoming mainstream. What was once a popular topic for science fiction, virtual reality is now becoming – for lack of a better word, a reality. The Oculus Rift, HTC Vive, Microsoft HoloLens, Jaunt, One Plus, Sony PlayStation VR, and Google Cardboard are just a few of the popular VR headsets that are near release or currently available on the market. Eagle Flight allows you to fly over Paris in a virtual world. If that’s not your style, you can walk a tightrope between skyscrapers with The Walk. Still not your thing? – become a quarterback for your favorite football team with VR Sports Challenge. These are just a few things you can now do with a virtual reality headset. Consumers often report an extremely realistic experience thanks to the ever-increasing high resolution displays that are released each year. Some players of The Walk recall the difficulty one may face when it comes to taking that first step on the tight rope when you feel as if you are walking hundreds of feet in the air (despite them knowing that it is… Read More

Date Rape: What It Is, the Law and the Consequences

date rape is illegal | Kenneth Padowitz | Lawyer

Date Rape The difference between ‘date rape’ and standard ‘rape’ in the legal context is restricted to the legal meaning of the terms. Thus, they carry the same serious consequences. ‘Date rape’ is a specific form of rape where the victim knows the rapist, as opposed to the average idea that the perpetrator is a stranger to the victim. History The legal definition of rape has evolved over the years. According to common law, rape refers to the crime of having sexual intercourse without the consent of one of the participants. In time past, a required element of the definition of rape was physical force or threats of force. Currently, many states have eliminated this condition as a mandatory element of rape. The improved definition stipulates that rape occur when the perpetrator goes ahead to engage in sexual intercourse after the victim: Says “no” Refuses to give consent Is unable to consent due to physical or mental constraints that results from either being Physically disabled; or Under the influence of alcohol or drugs However, under common law, if the victim was the spouse of the… Read More

Does the Punishment Fit the Crime?

prison sentence fit the crime? | Broward Criminal Lawyer Kenneth Padowitz, P.A.

Bored, alone, and bound to a wheelchair due to an illness, Ronald, who is already in his fifties, spends most of his time indoors. He is a fairly good and responsible guy, so occasionally, a family member, neighbors, and friends would drop by to check on him, help tidy up his scruffy apartment and give him food and groceries. However, because there was very little to do and he was so bored, he spent most of his time surfing the internet. Because the internet is a world without boundaries, he eventually explored adult pornography and started looking at teenage models and child pornography. He then met someone online whom he exchanged files with on child pornography, not knowing that his activities are already being monitored. He was arrested and was charged with a criminal case for possessing and distributing adult pornography files. It was an automatic five years imprisonment. Now, he is housed in a federal prison under special housing conditions because he is bound in a wheelchair. And because of his illness, he is also undergoing expensive medical services. All of these expenses are… Read More

People v. LaValle

Supreme Court

People v. LaValle | Facts of the Case Background On Sunday, May 31st 1997, Cynthia Quinn while taking her morning jog, allegedly found Stephen LaValle urinating by the side of the road and yelled at him. This action completely angered LaValle who then followed her into the woods where he raped and murdered her with a screw driver he apparently found on her during the offense. He stabbed her 73 times before leaving the scene of the crime. He was arrested two days later because the samples found on Quinn’s body matched his DNA, and an eye witness had placed him as the last person seen with Mrs. Quinn. LaValle, despite having no legal training, defended himself in court because he had previously had a falling out with his two attorneys because they wanted to proceed with the case differently. In his argument, Lavalle stated that juror number 16 was biased and had stated that they would convict him even before the hearing began. He also urged that the emotional testimony given by Cynthia’s husband was inappropriate and only served to sway the jury into… Read More

Boynton Beach Police Officer Accused Of Rape | Seeking Pretrial Release

DUI | Sexual Battery| Police officer

Stephen Maiorino, a married Boynton Beach police officer and a father of two, has been accused of on-duty rape and is seeking pretrial release. The prosecutor called the officer a danger to the victim and the rest of the community. The defense attorney claims the sexual encounter was “consensual”. Maiorino is facing two counts of sexual battery by a law enforcement officer with a firearm, armed kidnapping, and a bribery-type offense; if convicted he faces a maximum sentence of life in prison. On October 15, police pursued an individual who was later arrested for DUI, fleeing and eluding, and resisting arrest without violence. The passenger of this vehicle, the accuser, was left stranded with no working cell phone after police towed the vehicle. According to court records, Maiorino was supposed to take the alleged victim back to the police station so she could call family for a ride. In her statement, the officer began to threaten her with arrest unless she performed oral sex on him upon arrival to the police station parking lot. Soon after, the officer drove her to an “abandoned field” to… Read More