Child Porn Suspect Detained Pending Competency Evaluation

Whittel & Melton, LLC 866-608-5529 – Florida Sex Crimes Attorneys

A Central Florida man was ordered by a judge to remain in custody pending a competency evaluation after he allegedly told agents this week that he hears voices of girls saying they love him.

The man was arrested Tuesday and booked into the Orange County Jail.

The FBI began investigating the 34-year-old DeBary, Florida man after the father of a 10-year-old girl accused the man of contacting his daughter on Facebook and requesting to show her his genitals.

Agents claim the man admitted he had about 1,000 images of child pornography on his desktop computer in an interview on Monday. Agents allegedly reviewed the device and found it contained illegal photos.

The man apparently told police he asked the 10-year-old to look at his body parts several years ago, and also in December, then again in January.

According to a criminal complaint, the man disclosed that he made a 9-year-old relative watch adult pornography with him.

The man allegedly told agents that he is sexually attracted to girls and began viewing child porn online a few years ago.

According to reports, the man confessed to being a paranoid schizophrenic and feared he would hurt children his mother babysat because he has anger issues.

The Florida Sex Crimes Attorneys at Whittel & Melton are dedicated to defending the rights of the mentally ill. Unfortunately, mentally ill people are often charged in sexually motivated crimes even when they do not recognize that they may have done something wrong. Those with mental illness are generally vulnerable and often fail to understand the consequences of their actions. They may suffer from schizophrenia, bipolar disorder, paranoia or even post-traumatic stress disorder. At Whittel & Melton, we understand that a technical defense is central to protecting the mentally ill. We work with forensic psychiatrists, psychologists and expert witnesses in order to build an aggressive defense against sex crimes accusations.

In order to proceed in criminal court it must be determined that the accused is competent to proceed. The accused must be found competent to stand trial, accept a negotiated plea and if convicted, competent to be sentenced and competent to serve that sentence. Additionally, if a confession is to be used at trial, the accused must be found to have been competent when waiving Miranda rights. Moreover, in order to bear criminal responsibility for the crime, the accused must be found to have been competent at the time the alleged offense occurred.

Competency evaluations can be confusing. A person may be found to have been competent when the crime was committed, but not competent to stand trial. If it is determined the person was not competent at time the offense took place, this does not automatically mean the person is not competent later to stand trial. If the person is currently not competent to stand trial, the trial can be delayed until the person is later found competent to proceed in criminal court.

The Florida Sex Crimes Attorneys at Whittel & Melton recognize the compassion and comprehension needed to defend the mentally ill accused of sex crimes like child pornography, internet solicitation and rape. We can seek treatment options such as medication, sex offender counseling and treatment programs or house arrest, which may be a better option than prison.

If someone you love suffers from a mental illness or disorder and has been charged with a sex offense in Florida, contact the Florida Sex Crimes Lawyers at Whittel & Melton online or reach us statewide and toll-free by dialing 866-608-5529.