Remove a Wrongful Sexual Predator Designation in Florida

Brancato Law Firm, P.A.

Brancato Law Firm, P.A. Firm Wins Removal of Another Unlawful Sexual Predator Designation

TAMPA, FLThe Brancato Law Firm, P.A. has successfully overturned another wrongful sexual predator designation, highlighting a critical issue in Florida’s legal system: the misapplication of a label that carries devastating and lifelong consequences. This victory underscores the importance of skilled legal counsel in navigating the complexities of sex offense laws. Our firm may be able to help you remove an unlawful sexual predator designation in Florida as well.

Our client was incorrectly designated a “sexual predator” following a plea deal related to unlawful sexual activity with a minor. The original charge was enhanced due to an “authority figure” provision. However, the offense for which our client was convicted does not call for a sexual predator designation under Florida’s Sexual Predator Act (Section 775.21, Florida Statutes). Today, that erroneous and damaging label was officially and lawfully removed from our client’s record.

A formal hearing was unnecessary due to the Brancato Law Firm’s proactive approach. After a thorough review of the case, we presented a motion to the State Attorney’s Office, which concurred that our client was entitled to relief. This collaborative effort allowed for an unopposed request, leading to a swift and just resolution. We commend the State Attorney’s Office for their professionalism and commitment to upholding the law!

How Do Wrongful Sexual Predator Designations Happen?

Mistakes in sexual predator classifications are more common than many realize and can occur through several systemic oversights:

  • Inadequate Defense: A defense attorney may fail to identify and challenge an incorrect predator designation in a plea agreement.
  • Judicial Oversight: Judges often rely on the accuracy of the legal documents presented by both the prosecution and defense, and may unknowingly sign off on an unlawful designation.
  • Administrative Processing: The Florida Department of Law Enforcement (FDLE) processes court orders as they are written, without a legal review of the designation’s accuracy.
  • Probation’s Role: Probation officers enforce the terms of a court order, but do not have the authority to question the legal basis of a sexual predator designation.

This process lacks a dedicated checkpoint to verify the lawful application of the “sexual predator” label, often leaving the wrongly accused to bear the burden for years.

The Life-Altering Impact of a Wrongful Designation

Being incorrectly labeled a sexual predator in Florida imposes severe and unwarranted restrictions on an individual’s life, including:

  • Draconian Residency and Travel Bans: Strict limitations on where one can live and travel.
  • Intrusive and Public Registration: Frequent and highly public registration requirements that invade privacy.
  • Lifelong Public Stigma: Enduring social and professional harm due to a permanent and public record.

For years, our client lived under the shadow of a designation that was a fundamental legal error. By filing a targeted motion and presenting a clear legal argument, we were able to correct this injustice.

Do You Believe You Were Wrongfully Designated a Sexual Predator?

If your court judgment includes the term “sexual predator,” do not assume it is accurate. These errors can go undetected for years, but you may be eligible for relief if:

  • Your conviction was for an offense not covered by Florida’s Sexual Predator Act.
  • You were designated a predator without clear legal authority.
  • The full legal ramifications of the designation were not explained during sentencing.

The Brancato Law Firm is one of a limited number of firms in Florida with a proven track record of successfully challenging and removing improper sexual predator designations. We have the experience and in-depth knowledge of Florida’s sex offense laws to effectively handle these complex cases. Our firm may be able to help remove an unlawful sexual predator designation in your Florida case.

We Handle Motions to Strike Sexual Predator Designations Throughout Florida

If you or a loved one in Tampa, Hillsborough County, Pinellas, Pasco, or anywhere in Florida is burdened by what you believe to be a wrongful sexual predator designation, call the Brancato Law Firm today at (813) 727-7159. We offer a confidential case review to determine if your designation can be challenged and removed. Don’t wait to correct a mistake that has already cost you enough.

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