Ex-Miramar police officer accused of sex with teen pleads guilty, gets probation
MIAMI - A man who once served the community cops a plea deal.
On Wednesday, 30-year-old Jose Hernandez, a former Miramar police officer, pled guilty to a first-degree felony of aggravated child abuse.
Last year, Hernandez was arrested and accused of having sex with a 17-year-old girl he met on Tinder, who lied about her age, saying she was 23 years old.
The amended charge is a more serious offense than his original charges of unlawful sexual activity with a minor and contributing to the delinquency of a minor.
"By changing the charge to aggravated child abuse, you avoid the registration requirement. Aggravated child abuse doesn't carry a mandatory sex offender registration," said Maria Schneider, a former prosecutor.
Schneider says the fact that the minor lied about her age could've been taken into consideration by the state.
"The fact that the minor misrepresents her age is not technically a defense, however, it is a mitigating factor. Prosecutors are allowed to take factors such as those into account in deciding what is just — what is most in the interest of justice," said Schneider.
Hernandez was sentenced to 10 years probation and must surrender all his criminal justice certifications.
According to the plea agreement, Hernandez must also complete a Mentally Disordered Sexual Offender Treatment Program.
If for any reason he's terminated from the program, he'll be brought before a court for violating probation.
We tried to speak to Hernandez as he left court, but he had no comment.
Hernandez is not allowed to work with minors or enter a profession that requires him to wear a uniform of any kind.
