Case Against Robert Kraft Continues to Highlight Battle Involving Police Use of Secret Cameras Versus Individual Privacy Rights
The previous trial involving sex crime charges against Robert Kraft an others in connect with massage parlors led to the judge throwing out video surveillance that police had gathered because police failed to obtain a lawful warrant (known as a “sneak-and-peak”) to only specifically gather evidence of illegal activity. According to reports, surveillance cameras ran continuously for five days at the spa, leading the judge to find that both police and the judge who granted the warrant did not do enough to minimize privacy invasions of other customers who engaged in legal activities there.
However, prosecutors with the state of Florida have now announced that they still plan to try Kraft with felony charges; a rare decision after Kraft initially only faced misdemeanor charges. Even though the judge found the warrant flawed because the surveillance was not solely focused on the criminal acts occurring, prosecutors are appealing the judge’s ruling throwing out the evidence. Because purchasing a prostitute is technically a felony in the state of Florida, Kraft could very well be tried for a third degree felony and, if found guilty, could spend up to five years in prison.
Although there is no evidence of human trafficking in association with the facility that Kraft was seen engaging in sexual acts for money in, prosecutors offered to drop the original charges if he entered a diversion program, made an admission that he was guilty, pay a $5,000 fine, perform 100 hours of community service, and attend a class on the dangers of prostitution and its connection to human trafficking.
Kraft Sues State Attorney’s Office Over Florida Public Records Laws
Meanwhile, Kraft’s attorneys are now suing the State Attorney’s Office in Palm Beach County alleging neglect of public records laws by withholding a number of requested documents that must be turned over in accordance with the law. According to the lawsuit, the police department provided portions of email exchanges with the State Attorney’s Office, while the State Attorney’s Office only turned over records already produced in discovery in the criminal case.
If You Are Facing Charges in Florida, Contact The Very Best in Criminal Defense
This case is an important one which reflects a kind of constitutional test, putting police powers and the use of secret cameras against privacy rights.
If you have been charged with a criminal offense in Florida, the smartest thing you can do is retain aggressive, knowledgeable criminal defense attorneys who can ensure the best possible outcome for your case, including ensuring that any illegally-gathered evidence is thrown out. Contact our Orlando criminal defense lawyers at the Baez Law Firm right away to schedule your free consultation.