Jason Robyor of Boynton Beach, Florida was arrested Saturday after he reportedly admitted to police that he sexually assaulted a 7-year-old who slept at his home last week. His relationship with the child is unclear.

Robyor, 36, is charged with one count of sexual battery on a minor. He is being held without bond at Palm Beach County Jail and was ordered not to have any contact with anyone under 18. It is unclear if he has acquired the services of an attorney.

According to the arrest report, Robyor told investigators that he was sharing a bed with the victim when the assault occurred. The 7-year-old reportedly woke up at night after feeling Robyor’s inappropriate touching, but he continued until the early hours of the morning when he went to work.

Robyor insisted that the assault only happened once and that “it was a mistake.” Records show the victim was taken to a treatment center to be examined for signs of sexual assault, but the results have not been published.

Another case of sexual assault involving a victim under 12 was reported in Davie last week. German Martinez of Sunrise, Florida was arrested two weeks ago for allegedly assaulting a 9-year-old at a hotel he managed.

Martinez, 41, is charged with lewd or lascivious molestation of a minor. He is being held without bond and was ordered to have no contact with any minors. The press did not name an attorney for him.

According to the police report, the assault occurred earlier this year at the Holiday Inn located at 2450 Davie Road. Martinez was a manager at the hotel and the victim’s mother works as a housekeeper. The child went to work with her mother because she was sick on that day and did not go to school.

While her mother was working, the victim used a computer in the hotel’s business center. She later told her mother that Martinez walked into the room several times and touched her vaginal area in a sexual manner while she was using a computer.

State records show Martinez is a registered sex offender who was convicted of several counts of lewd or lascivious conduct against a minor in 1995. He has reportedly worked at multiple hotels across Broward County and investigators are asking any other victims to come forward.

A spokesperson for the hotel released the following statement to the press regarding the incident:

“Our thoughts are with the victim and her family during this time. The allegations surrounding the arrest of this individual are very serious. This independently owned and operated hotel terminated the employee and is cooperating fully with authorities.”

Lewd or lascivious molestation occurs when an adult touches the buttocks, breasts, or genitals of a minor in a sexual manner. It is a second-degree felony punishable by up to 15 years in prison. The defendant can be charged with multiple counts of lewd or lascivious molestation even if there is only one victim. The prosecution can file a multi-count indictment if the defendant sexually assaulted the victim on more than one occasion.

Source: 8.23.17 Jason Robyor of Boynton Beach, Florida Arrested for Sexually Assaulting Minor.pdf

When it comes to forfeiture, two procedures exist – civil and criminal. The most important difference between these two procedures is in the simplicity of the rules outlined for each forfeiture action.

Civil forfeitures are often easier for the state and federal government because no criminal prosecution or conviction is required. One does not have to have committed a crime to have their assets seized in a civil forfeiture. Rather, the government only needs to establish sufficient probable cause for the forfeiture of the property.

In a civil forfeiture proceeding, the owner of the property is a third party who asserts a claim to the property. In other words, civil forfeitures are argued against the property owned by a person, meaning that person’s guilt or innocence is does not at all influence the outcome of the proceeding.

In contrast, criminal forfeitures are different both in method and intent. Criminal forfeitures are dependent on a conviction and police must prove beyond a reasonable doubt that the seized property was used in connection with a crime or gained due to illegal activity.

One of the most common civil and criminal forfeitures are motor vehicles.  Vehicle forfeitures are are often initiated by law enforcement officers. If you’ve ever been to or heard of police auctions selling dirt-cheap cars, this is how many of those cars get on the auction block.

Some of the conditions allowing for the forfeiture of vehicles under the Florida Contraband Forfeiture Act include:

1. Vehicle forfeiture for any automobile used to transport drugs for any drug transaction.
2. Vehicle forfeiture for any automobile purchased with the proceeds of an illegal act, such as a drug crime.
3. Vehicle forfeiture for any automobile used in the course of a felony, such as a sexual assault, armed robbery, or burglary.
4. Asset forfeiture if the automobile, vessel, boat, or aircraft was used to transport or conceal certain items of contraband.
5. Vehicle forfeiture if the vehicle was driven by a habitual traffic offender.
6. Vehicle forfeiture if a vehicle was driven by an individual who is driving on a suspended or revoked driver licenses that resulted from a prior conviction for driving under the influence (“DUI”).

The language on these rules does not stipulate that the owner of the vehicle needs to be involved in the commission of a crime. Even if a person allows someone else to use their vehicle, it can be subject to forfeiture under these rules.

Another way to think of civil versus criminal forfeiture is that in civil forfeiture, it is up to the owner to prove that the asset is clean. In civil forfeiture cases, the owner of the property is not provided a right to counsel because the owner is not the subject of the proceeding. In criminal forfeiture cases, since the owner of the property is typically the subject of the proceeding, the owner has a right to counsel and the forfeiture of the property is tied to the guilt or innocence of the owner.

Source:

Asset Seizure and Forfeiture Attorney in Tampa, FL

Ex-Miami Jackson Adult Education Center principal Joey Bautista was arrested on August 23 for allegedly using over $41,000 in school district funds to pay his housekeeper.

Bautista 48, is being charged with official misconduct, grand theft, and organized scheme to defraud. Attorney information was not available.

According to the arrest report, Bautista allegedly got his housekeeper Adeline Joseph a job in 2013 as a “community-school activity leader” at Toussaint L’Ouverture Elementary School, which is a Miami Jackson Adult Education Center satellite location. Joseph told detectives she was employed as a custodian at the location for three to four months before Bautista reassigned her to Miami Jackson’s main location.

Instead of doing her duties as an activity leader at the center, Joseph returned to cleaning Bautista’s home and taking care of his two children, investigators said. From March 2013 to September 2015, Bautista allegedly signed school payroll records every other week detailing Joseph’s work hours and deposited almost $42,000 in school district funds into her bank account.

Between 2013 and 2015, Bautista only paid Joseph once—a $200 check for “Housekeeping”—from his personal bank account. When questioned about how he paid Joseph for her services, Bautista told detectives he paid her with personal checks and cash, but he could not produce evidence of those checks.

Miami-Dade State Attorney Katherine Rundle said authorities learned about Bautista’s alleged actions from a confidential source. The State Attorney’s Public Corruption Task Force worked with the Schools Police and Office of the Inspector General to go through payroll records and interview school employees. They learned that the administrators and custodians at Miami Jackson did not know Joseph and had not seen her working there or at any of the center’s satellite locations from 2013 to 2015.

“What’s sad is that here was a successful man who was cheating and using dollars that were meant to go to young people who are looking to better themselves through education,” Rundle told news sources. “He had a great job, people believed in him and he betrayed that trust.”

Miami-Dade Public Schools Superintendent Alberto Carvalho told the press that Bautista was placed on assignment while the investigation continued. He was fired immediately following his arrest.

“The school district holds every employee to the highest standards of professionalism and integrity,” Carvalho said. “We will not tolerate the type of unscrupulous behavior by employees that betrays the trust of our community and belies the core values of the school district.”

Bautista has worked for the school district for almost 20 years. He was made principal of the Miami Jackson Adult Education Center in 2011.

Under Florida law, grand theft occurs when a person unlawfully obtains or attempts to obtain someone else’s or an entity’s property with the intent of depriving them of their right to the property. The stolen item must have a value of $300 or more.

There are many defenses for grand theft, which is why hiring a good lawyer is essential. A lawyer can help the defendant represent their case in the best possible way to avoid potential jail time and a permanent criminal record.

Source: 8.23.17 Ex-Miami Principal Joey Bautista Accused of Using School District Funds to Pay Housekeeper.pdf