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Davie attorney suspended following no contest plea after arrest on child porn charges

FLORIDA RECORD

Monday, November 25, 2024

Davie attorney suspended following no contest plea after arrest on child porn charges

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Davie attorney Mitchell E. Silverstein has been suspended for three years following an Aug. 24 Florida Supreme Court order after he pleaded no contest to child neglect and other charges.

In December 2016, Silverstein pleaded no contest to six counts of child neglect, which are third-degree felonies, and one count of possession of cannabis, which is a misdemeanor, according to the consent judgment filed with the court. The judgment also includes Silverstein's conditional guilty plea that lead to his most recent suspension.

His suspension was retroactive to April 6, according to the state court's two-page order. Silverstein already was under a previous suspension, so this suspension was effective immediately, according to order, which also directed Silverstein to pay $1,346 in costs.


The Florida State Bar announced the discipline and the Supreme Court's order Sept. 27. In Florida court orders are not final until after time to file a rehearing motion expires. Filing such a motion would not alter the effective date of the Silverstein's suspension.

Silverstein was admitted to the bar in Florida on Jan. 6, 1988, according to his profile at the state bar website. Silverstein has had no prior discipline before the state bar, according to his profile and the consent judgment.

Silverstein was arrested Dec. 9, 2014 following a search warrant executed at his residence and the following Jan. 15 he was charged by information with one count of computer pornography depicting sexual conduct by a minor and five counts of possession of similar images, according to the consent judgment. Silverstein also was charged with one count of possession of cannabis, the judgment said.

Following his no contest plea to amended charges the following year, Silverstein was sentenced to five years' probation on the child neglect counts and time served on the cannabis count, according to the judgment.

Silverstein said "he was experiencing particularly emotional personal and family issues" at the time of his misconduct and "has expressed how sorry he is for his poor judgment and inappropriate conduct", the consent judgment said.

About a month after his arrest, Silverstein was evaluated by a therapist. He has since actively participated in and completed a recommended treatment program, according to the judgment.

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