FL- If Deltona prosecutes sex offenders, city would have to pay for their defense

7-30-2008 Florida:

Deltona must pay for the legal defense of three sex offenders it wants to force out, a three-judge panel ruled Tuesday.

The city is responsible for paying defense attorney Rob Sanders, who represents the indigent men cited for violating a city rule on where they can live.

Sanders hasn't sent a bill yet but said he has found legal problems and could argue the ordinance is unconstitutional. Such a trial could be costly.

"If the city continues to prosecute, in this current posture, it will cost the city thousands of dollars," said Sanders, who thought the city might end up dropping these cases.

City Attorney George Trovato said he had not yet read the ruling but would ask commissioners next week for a closed-door meeting to discuss the city's next step.

The three men -- Ricardo Maldonado, Charles Ambrose and Robert Bisson -- had been prosecuted under the city's old restrictions, which barred sex offenders from moving within 2,500 feet of a school, bus stop, park or day-care center.

Although Deltona has removed the extra-large buffer around bus stops, the city hadn't dropped the cases against the men.

Deltona also hasn't tried to prosecute new cases against other offenders living in the prohibited zones.

In a ruling issued Tuesday, three circuit judges agreed that if Deltona wants to prosecute the men, the city is responsible for paying their legal defense if the men can't hire attorneys.

The Public Defender's Office represents indigent clients in criminal cases but not in city violations, unless there is an agreement for the public defender to do so.

An appellate-court ruling from Fort Lauderdale made it clear that a Florida city is obligated to pay the legal defense, if there is no contract with the public defender. ..News Source.. by Ludmilla Lelis | Sentinel Staff Writer