Hurricane Irma Chaos for Registered Sex Offenders

Experienced Sex Crime Defense Attorneys
Peter D Aiken : Sarasota 941-366-3506
Sean O’Halloran : Ft Myers 239-334-8890
Andrew Banyai : Punta Gorda 941-639-6009

If you are a registered sex offender or are on sex offender probation you probably have had a tough week dealing with the hurricane.

The reporting requirements that come with being a registered sex offender make life tough enough without throwing in the problems that arise from a hurricane. If you lost electricity and had to move, you have to notify your probation officer immediately. Some of the probation office locations have been closed for a week. You have to document your change of address. Go to the Sheriff’s office and register a change of address immediately. Send a letter (written notification) to your probation officer. The United States mail is still running even if the offices are still closed. Document your efforts to comply.

If you have a new phone, a new email address, a new screen name, register it immediately.
If your address has changed, be sure and get the new address on your driver’s license.

I have found that there is zero tolerance by the probation officers when it comes to sex offenders so even if you have to jump through hoops to comply, get it done. As a sex crime lawyer, I anticipate there will be a lot of technical violations over the next two months. We have offices in Ft. Myers, Punta Gorda and Sarasota and might be able to keep you from being violated.

A violation of probation has to be willful and substantial.

The hurricane was an unforeseeable event that may have caused you to lose your job, lose your home and have to move. You may not have the money for your electronic monitor or your cost of supervision. If you are hurting for money because of the storm write a letter to your probation officer explaining your financial hardship. Do not give them a reason to violate you. If you are on sex offender probation, I guarantee they are just looking for any excuse to put you in jail.

Don’t wait until you are violated and have been picked up to talk to a lawyer. If you need help dealing with a “problem” probation officer, give me a call. It is a lot easier to line up representation before your get picked up. Call today in Sarasota at 941 366 3506

We can also be reached in Ft. Myers at 239 334 8890

 

Should Prostitution be legalized?

Experienced Sex Crime Defense Attorneys
Peter D Aiken : Sarasota 941-366-3506
Sean O’Halloran : Ft Myers 239-334-8890
Andrew Banyai : Punta Gorda 941-639-6009

Sean O’Halloran : Ft Myers 239-334-8890 Aiken and O’Halloran Lee Charlotte and Collier

Peter D Aiken : Sarasota 941-366-3506 Aiken and O’Halloran Srasaota Manatee and All Florida Counties

CLICK HERE TO VISIT OUR SEX CRIME CRIMINAL DEFENSE WEBSITE

 

June 12, 2017

There were a series of arrests by the FDLE over the weekend in Operation Spa.

That was an investigation that resulted in six arrests of the proprietors of Asian “massage” businesses in Collier, Lee, and Sarasota County. The people arrested were charged with “racketeering” and money laundering and it was alleged they were part of a prostitution “ring”. Everyone assumes it involved “human trafficking”

Prostitution is the world’s oldest profession. There is an assumption that the women involved are victims. That may or may not be true, depending on the circumstances of each individual case. What is true is that where there is “demand”, there will always be supply. Where there are men wanting to have sex and willing to pay for it, there will always be women willing to offer it. The “massage parlors” or “Asian spas” are a classic example. In my view, it should be legal. It is far better to have a “managed” facility than having “hookers” walking up and down State Road 41 where the men run the risk of robbery and disease. In most of the European and South American countries, prostitution is tolerated, if not actually legal. In Las Vegas and in other places in America, it is at a minimum “tolerated”. If prostitution was legalized and regulated, in anything, it would reduce “human trafficking”. Any time you make something that people want “illegal”, all you do is make the situation worse. Take“prohibition”for example. Making liquor illegal created the opportunity for the formation of the “organized crime” families. Making marijuana illegal created the “cartels”. If marijuana had not been criminalized, it would have been locally grown and locally smoked.

If a consenting woman and a consenting man agree to a consenting encounter, whether it is a “hand job”, oral sex or intercourse, why should that be illegal? The Asian Spas are a far better alternative to the street walkers. Men have been paying women for sex since the beginning of recorded history. The real way to reduce crime is to make fewer things a crime. As a sex crime criminal defense attorney, in my opinion, if anything, it would reduce child molestation and rape. Men and women are going to have sex. What is the difference between a man wining and dining a woman who then agrees to have sex with him and the man simply handing her the hundred dollars it cost for dinner. Simply paying for sex is an honest straight forward relationship that has nothing to do false promises or expectation by either party. In my opinion, society needs to be a little less hypocritical and legalize prostitution.

 

Five more men arrested in Sarasota prostitution sting

The Sex Offender Defender
Peter D Aiken
Experienced Sex Crime Defense
Sarasota 941-366-3506
Ft Myers 239-334-8890

June 4 2017

Here we go again. The Sarasota police continue to pose as hookers on the North trail trying to encourage and arrest men for “soliciting” prostitution. Why not bust the real prostitutes?

Did you know that there is a $5000 dollar civil fine for soliciting a prostitute?
Did you know that the police can seize and forfeit a car for a misdemeanor?

The undercover female detectives walk North trail seductively giving passing men the “eye”. When the men stop, conversations can turn to sex. Would the men stop if the undercover detectives were not there?

The real issue is “who is doing the seducing”. Who is really doing the “solicitation”?

The undercover detectives are generally “putting it out there”, tacitly making an offer, and when a man accepts, charging him with solicitation.
I live in that area. I see the real hookers each day on the way home from my office. The same girls work the same streets and corners. The answer is to legalize prostitution and regulate it.
How many real crimes were committed while the police were busy running this sting? Is this an effective use of police man power? Does this waste Court resources? Is it really necessary?
If a woman waives to you on the Trail, do not stop. Don’t even think about it? The temptation to give them a “poke” will land you in the “Pokey”. Did you know the word “Pokey” goes back to slang and means “welfare hotel” or the “poor house”. If you get nailed with a $5000 civil fine, it may land you in the “poor house”. Poking along on the trail will land you in the jail

Should I use the Public Defender in a Sex Case?

The Sex Offender Defender
Peter D Aiken
Experienced Sex Crime Defense
Sarasota 941-366-3506
Ft Myers 239-334-8890

APRIL 8 2017

If you or a relative have been charged with a sex crime, you are facing the battle of your life.

Here in Sarasota and in Bradenton, a child pornography charge can result in a life sentence.

The scorched earth policy of the State Attorney’s office is to file forty second degree felonies on anyone charged with kiddie porn. That runs the guideline sentence to twenty to thirty years. If you are charged with a contact crime, like a lewd and lascivious act on a minor, even a teenager, you face many times up to fifteen years in State prison. If you are charged with date rape, even in a situation where it was consensual, you face a long DOC sentence. Sex Crime cases are absolutely the toughest cases to defend and take to trial. Jurors start off prejudiced against you and most of the judges are former sex crime prosecutors. It is a long uphill battle and one you need to go into with an experienced sex crime lawyer.

It is one thing to use the Public Defender for a DUI or simple drug possession charge.

It is quite another to put your life in the hands of a court appointed lawyer when the stakes are life in prison. There is an old saying that you get what you pay for. Many public defenders are dedicated professionals who do their absolute best for every client. The problem is that most public defenders are overworked and underpaid. They on average carry hundreds of cases at a time where private lawyers my handle only a dozen or so at a time. In a sex crime case, investigation is the key. The police generally start off believing the accuser and set about to prove that what the “victim” says is true. They ignore and sometimes cover up inconsistencies in a victim’s statement.

Many of the sex crime police investigators are women and most of the sex crime prosecutors are women and in my experience are biased in how they look at the facts.

The simple fact is that many rape accusations are false.

Teenage girls make false accusations against step dads all the time. In child custody cases, false accusations are commonplace.

The Public Defender often does not have the investigative resources go out and get to the bottom of the case.

I have been defending sex crimes all of my professional life (forty years). There is no substitute for experience. A public defender is only appointed after you are charged. Many times that is too late. If you are under investigation and have been accused but not yet charged, that is when you really need a good lawyer. Many times, I have been able to develop facts that result in charges not being filed.
You need a lawyer before you are charged. It may keep you from being arrested and publicly humiliated.

If the police or a detective has contacted you and wants a statement, call me before you do anything.

The initial consultation is free and confidential.

CLICK “HERE” to visit our Florida Sex Crime Defense Website

Hot sex or hot cell in Polk County?

State and Federal Sex Crime Criminal Defense
Sarasota: 941-366-3506
Lee County: 239-334-8890

Grady Judd has done it again…..104 “March Sadness” arrests

The latest Internet sex sting in Polk County resulted in numerous prostitution and solicitation arrests. The emphasis in the sex stings has shifted from targeting so called child predators to targeting consenting adults looking to simply get laid. News flash Grady…they don’t call it the world’s oldest profession for nothing. This is an enormous waste of precious police resources.

How many burglaries were committed while dozens of the Sheriff’s detectives were trying to lure consenting adults into sex for money relationships?

How many car thefts?

How many elderly were bilked out of their savings?

How many violent crimes were committed during the same period of time that the detectives were posing as prostitutes on Backpage.com?

Grady Judd bragged in the television conference that there were a thousand responses to the undercover detective’s prostitution ads. So while they were answering 1000 calls, how many legitimate 911 calls were not responded to?

This is just stupid to the max. The answer is to legitimize and regulate prostitution. There would not be human trafficking if prostitution was legal.

If a man wants to pay a woman for sex, and if the woman wants to engage in sex, why is it the State’s business?

The days of pimps taking advantage of women are pretty much over. The Internet has replaced the pimp. Women can simply place ads on the Internet offering their services and men can respond. This reminds me of the Dolly Parton movie, “The best little whorehouse in Texas”. Remember the Bible thumping news reporter that was on a mission to put her out of business. Grady needs to get off his pedestal and get with the times. I would be willing to be that Grady is trying to position himself for a run at some greater elected office.

As a sex crime lawyer, this may be good for business, but is a terrible waste of Court resources. The “crime” is a misdemeanor and in my opinion, a victimless crime. And oh, by the way, some people who showed up has some pot. OMG, they wanted to get stoned get laid. I guess Grady Judd was asleep during the sixties and seventies. So much for “looking for love and feeling groovy”.

The public needs to wake up to the political grandstanding. I guess he wants to be the “law east of the Pecos”
If you have questions or comments, I defend the accused of Sex Crimes for a living call me in Sarasota at 941 366 3506

Another Prostitution Sting on Tamiami Trail or US 41 in Sarasota

The Sex Offender Defender
Peter D Aiken
Experienced Sex Crime Defense
Sarasota 941-366-3506
Ft Myers 239-334-8890

March 2017

The Sarasota police mean well but the simple truth is that they will never put an end to the world’s oldest profession.

The only way to deal with this issue is to make prostitution legal.

You are never going to defeat or eliminate this issue with criminal prosecution.

There is an old saying that desperate people do desperate things. If you have homeless women or drug addicted women, with no income and no anything, they will do what they have to do to survive. What they need is help, financial assistance, drug treatment, counseling and a place to stay. Sarasota has a real homeless problem. We need to address that issue. Many are mentally challenged and cannot fend for themselves. Sarasota is an affluent town and predominantly Christian.

What the homeless need here is a little Christian compassion and help.

The police now are arresting the “Johns”, the customers who stop to pick up the working girls walking the street. If prostitution was legal, and regulated, the men would not be taking a chance with the women on the street. Why run the risk of getting robbed, or infected with AIDS if a man could safely go to a legal medically inspected and cleared prostitute? It is because it is illegal that human trafficking exists.

We learned nothing from the illegalization of alcohol or marijuana.

If you take the illegal money out of it then the “problem” is 90% solved.

As a Sarasota criminal defense lawyer, I have defended both the working girls and the “Johns”. For the men, an arrest is an embarrassing humiliating event. The female undercover cops walk 41 setting up the stings. They smile and give passing men the “eye” and encourage them to stop. Many times, it is the undercover police detective that actually does the soliciting. They initiate the conversation about money. They offer oral sex or encourage the men to come to a motel down the street.

Who is doing the real soliciting?

What crime is being solved?

The truth is that a crime is being created so an arrest can be made. We need to spend our law enforcement dollars wisely and this is a total waste of manpower and dollars.

Yet another Sex Sting In Polk County

The Sex Offender Defender
Peter D Aiken
Experienced Sex Crime Defense
Sarasota 941-366-3506
Ft Myers 239-334-8890

February 15 2017

Click here to view Attorney Peter D Aiken’s Credentials

It never fails.

In Polk County, right around Valentine’s day, Grady Judd and the morals police run another sting which included transmission of child pornography file images .

All of the details are not out but is looks like 19 people in the Orlando area were arrested on child pornography charges. Another 21 were sex offenders that were rearrested on technical violations like not registering an email address, not registering a screen name or some minor violation. Sex offender probation is a trap and has nothing to do with rehabilitation. All the good intentions mean nothing if the probation officer and the Sheriff’s department are looking for a technical violation. They really are out to get you, for even a minor non intentional violation. We will have to wait and see what the underlying facts are for the kiddie porn charges. I have long suspected that the police are entrapping men into sending child pornography.

I cannot believe there are 19 legitimate cases in this latest sex sting.

As a child pornography sex crime defense lawyer, over the years I have seen almost every kind of case. Many of the cases come from the peer to peer file sharing applications and the police will engage people on the Internet and may well talk them into sharing things they would never ordinarily do. Viewing child pornography does not mean that the person is a pedophile. Only a tiny percentage of the people who view child porn go on the commit an offense with a real child. It is a misconception that if a person looks at child porn, they then go on to molest a kid.

The sentences being imposed for child porn are off the charts. Men are getting more time in State prison, up to fifty years for simply looking at child porn in the privacy of their homes. You can get more time than for homicide. The prosecutors run up the guidelines by filing dozens of counts. In reality, with a single click of a mouse a person can download fifty images and face centuries in jail. The criminal justice system has gone nuts when it comes to child pornography.

If a loved one has been busted for possession of child pornography and you want to talk, call me at 941 366 3506

Click Here to Visit The Sex Offender Defender website

Related Articles:

42 arrested, 1 at large in Polk County child pornography bust

Bartow Man Wanted For Child Pornography Charges

Polk Sheriff Grady Judd announces 42 child pornography, related arrests

Related Video Article

Dozens arrested in Polk Co. undercover child porn and sexual offender probe

Date Rape and Statutory Rape

Experienced Sex Crime Defense Attorneys
Peter D Aiken : Sarasota 941-366-3506
Sean O’Halloran : Ft Myers 239-334-8890
Andrew Banyai : Punta Gorda 941-639-6009

January 2017

Being falsely accused of a sex crime is a horrible thing.

As a sex crime lawyer, I have seen innocent men falsely accused and under investigation facing malicious false accusations by women.

The crime is actually called sexual battery.

It can take the form of forcible rape or simple alleged non consensual sex in a dating setting. The police routinely believe the woman. The prosecutors almost always take the side of the accuser. Many rape reports and allegations are simply false and most have an ulterior motive by the accuser. Statutory rape is having sex with an underage girl. Many times this involves a 15 year old female who was the real aggressor in a sexual situation. Many times the 15 year old lied about her age or even had a false identification. They sneak in with false identification. You may be arrested even if the girl came on to you and seemingly consented.

When it comes to date rape, some women want to blame their partners for their own indiscretion.

Women and men drink too much or abuse drugs and sex occurs. Some women will not take responsibility for their own conduct and days or weeks later claim they were drugged or the sex was non consensual. This happens all the time in the college setting. Custody disputes in divorce cases often involve allegations of underage sex. Sometimes, money is the real reason. Athletes are common targets for false allegations. As a sex crime lawyer for over thirty years,I have defended false allegations of sexual battery. These cases are defensible and a timely investigation is critical. Do not wait until you are arrested. Many times criminal defense lawyers can expose the false allegation before an arrest occurs.
How to defend against a false charge

Most of the time, there is a reason for the false allegation. It can be jealousy. It can be to gain custody of the child. The accuser can be mentally unstable or it can be done to get the man out of the house. In the past, I have defended men falsely accused by women who had consensual sex and when their boyfriend finds out, claimed they were raped. Many times, the true victim is the man that is falsely accused. Teachers are accused by disgruntled students. Stepfathers are accused by stepdaughters. Even wives can accuse their husbands and former spouses of sexual abuse. Do not become a registered sex offender for life. Do not go to prison on a false charge. Call today for a free consultation at 941 366 3506 or 239 334 8890

He said….She said…Who to believe in campus sex crimes

Experienced Sex Crime Defense Attorneys
Peter D Aiken : Sarasota 941-366-3506
Sean O’Halloran : Ft Myers 239-334-8890
Andrew Banyai : Punta Gorda 941-639-6009

January 2017

IF you are a male college student and are sexually active, you are at risk of getting falsely accused of sexual battery (date rape).

Over the past few years I have defended several young falsely accused students. We live in dangerous times. In this the world of the Internet and with the many applications for cell phones, casual sex has exploded and surpassed even the most promiscuous days of the sixties. If you have a son in college, you need to have a serious talk about the dangers of being falsely accused by other coeds. It is easy for a girl the next day to try and justify a bad decision to have sex, blaming it on alcohol or drugs. Some of the school policies are out of touch with reality. It is true that date rape does exist but in my experience I have found that about half the time the accusations are false. This really puts stress on parents trying to protect their sons.
In the real world, many of the coeds are “sexting” sending very sexually explicit stills and videos of their bodies.

When it comes to alcohol and sex, there is a double standard. If a young women gets drunk and has sex she may claim that it was not consensual because she was impaired. They then try to blame the young man, claiming they were taken advantage of. The fact is, the young man may not have plied her with alcohol or done anything to encourage her to drink. I have had cases where both the young man and the young woman were both so drunk or stoned, neither one was really in control of their actions. So why blame the man? There is a double standard where the schools try to blame the man when the blame for a bad decision should be equally shared.

A false rape accusation can ruin a life forever.

The police routinely believe the woman, and I have had officers actually say that they presume the woman has been “victimized” until proven otherwise. They have no concept of the presumption of innocence. They start the investigation believing the woman is telling the truth and only look at the facts that support the false allegation. You cannot count on the police to conduct a fair investigation in date rape cases. There are many reasons a false charge can be made. Right at the top of the list is jealousy. Right below that is rejection. Hell hath no fury like a woman rejected. Anger ranks right up there in terms of causes. My job as a sex crime lawyer is to defend students falsely accused. Sometimes there is some truth to the accusation but incredibly mitigating circumstances. Nothing in life is really black and white when it comes to sex crime allegations.

Kids in high school are particularly at risk.

They are still young and make horrible decisions. I have handled cases where both of the kids are underage. Who then is the victim? Angry parents may report the “crime”, but the girl may be just as much at fault as the boy. It pays to have a criminal lawyer look at the facts. Never let your son make a statement without seeking legal advice first. Call me if you need to talk in Ft. Myers at 239 334 8890 or at my Sarasota office at 941 366 3506

Defending Women Charged with Sex Crimes

The Sex Offender Defender
Peter D Aiken
Experienced Sex Crime Defense
Sarasota 941-366-3506
Ft Myers 239-334-8890

January 2017

It is rare, but women do get charged with having sex with minors. Often this occurs in a school setting between a teacher and a teenage boy. More and more the State is prosecuting these types of cases. A minor, legally cannot give consent, so various sex acts with minors are classified as sexual battery.

These crimes can result in a person becoming a registered sex offender for life and even worse result in long State prison sentences in the Florida Department of corrections.

The State can also charge the woman with a lewd and lascivious act with a person over 12 years of age.

There is somewhat of a double standard when it comes to women but juries have been known to convict women charged in child sex crimes.

As a sex crime lawyer, I have found that the same defenses apply to both men and women. Male jurors may be a little more sympathetic but the female jurors will often hold a woman to a higher standard. Teenage boys are “willing” victims and are often proud of having sex with an older woman. Legally, however, they are still “victims” under the law. Often, alcohol is involved and may have impaired the woman as well as the kids. If the woman provided the alcohol, it makes the case tougher but not impossible. There may be a “mental” defense and it pays to have the woman have a thorough psycho-sexual evaluation. It may not be a legal defense but may help in mitigation.

I have been defending sex crimes all my life (forty years of actually defending sex crimes) and have found that no case is impossible. Friends and relatives often abandon people charged with a child sex crime, but in reality, this is when a friend or relative needs help the most. If you have a friend or relative charged with a sex crime and want to talk, call me at 941 366 3506 for a free consultation