Speech Therapist Arrested in Broward on 50 Counts of Child Pornography Possession

December 31, 2010 by David S. Seltzer

A report about the child pornography arrest of a Pembroke Pines man caught my eye as a Fort Lauderdale cyber crime criminal defense attorney. According to a Dec. 23 report from the Miami Herald, 66-year-old Warren Day was arrested for possession of child pornography after police followed up on a tip from the Center for Missing and Exploited Children. Day has a history of child sex offenses, having been arrested in Dade County in 1982 for lewd acts with a child. Because the offense was well before sex offender registration laws, he was never required to register as a sex offender.

According to the report, police found Day viewing child pornography when they entered his home. When they first searched his computer, they found hundreds of sexually explicit images of children, giving rise to 50 counts of child pornography possession. More may be coming once police do a more thorough search. He declined at the scene to answer questions from the police without an attorney present -- a very smart move, as any south Florida cyber crime criminal defense lawyer would agree -- but told the police he was “a piece of [excrement].” Day is a speech pathologist, which means he works with people who have trouble speaking. His most recent job was with senior citizens at the Hollywood Rehab Center, but he has worked with children of all ages in the past, including through the Miami-Dade school system.

As a Miami cyber crime criminal defense attorney, I’m afraid Day’s career working with children is likely over. Even if he is not imprisoned and his license is not revoked, school systems generally won’t consider hiring someone with this type of past arrest. In fact, Day would likely already be ineligible to work with children if he had completed probation for his offense after 1997. However, Day’s bigger problem at the moment is the possibility of prison. If no further charges are filed, he could still face many years in prison for the 50 counts of child pornography possession already filed. To minimize those penalties and the chance of further penalties, he should get a lawyer with cyber crime experience right away. Such an attorney should do everything possible to prevent unreasonable searches of his computer and storage media (like DVDs or flash drives), and ensure that officers performing searches don’t file incorrect charges due to lack of technical savvy.

If you’re accused of any child sex crime in Florida, you need help from an experienced cyber crime attorney right away. David Seltzer of Seltzer Law, P.A. is a former cyber crime prosecutor for the Miami-Dade State’s Attorney’s office. That means he understands the technology -- and he understands what prosecutors rely on to build their cases. For more information or to set up a free, confidential consultation, call us any time at 1-888-THE-DEFENSE (1-888-843-3333) or send us an email.