An Accident or Child Abuse?

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

We live in suspicious times. If you have an infant or a child under two or three years of age, and the child falls and becomes injured, people at the hospital are many times unjustly suspicious.

The simple fact is that active kids have accidents.

They get bruises, cuts and scrapes.

That is a natural part of growing up.

Teachers are many times overly suspicious and they call DCF if they see bruises, particularly on the face. Many times emergency room personal will make a police report for an injury that is purely an accident. If a child comes in unconscious or has a significant head injury, they assume the worst. We have been defending child abuse and aggravated child abuse cases for years. If a death is involved, depending on the circumstances, a person can find themselves charged with aggravated manslaughter. If a child is left unattended in a hot car, and a death occurs, the person can find themselves arrested facing a long sentence in State prison.

This is also true if a mother or father leaves a gun unsecured and a death occurs. Imagine how the parent feels. First they lose a child, then, they are arrested for culpable negligence resulting in a death. You can never roll the clock back. You cannot bring back a life. Punishing a parent further accomplishes nothing. Most child death situations were never even remotely intended. Sadly, many are the result of the parent’s drug use.

A child may come into contact with heroin or cocaine left unattended or on a bedside, and overdose. The child may be injured when the parent is in a semi-conscience state as a result of drug use. Children can be injured in car crashes where the parent is stoned, high or impaired from taking Oxycotin, Percocets, Oxycodone or some other painkiller. The classic child abuse case occurs then the mom’s boyfriend is left in charge. They may have reacted to a crying child by hitting them repeatedly. The child may have shaken baby syndrome. Shaking a baby has terrible consequences and can cause brain injury. We run into situations where young parents in their late teens or early twenties simply are unprepared and totally lack parenting skills. Prison is not the answer.

In defending child abuse and aggravated child abuse cases, we truly understand the knee jerk reaction of the public wanting someone to pay for a child’s death. The reality is that nothing will bring that life back and the loss of a child is already a life changing event. Going to jail for an accident only makes things worse and changes nothing. If you have a daughter or son charged with child abuse and want to help, feel free to call for a free consultation. We understand how the police conduct their investigations and understand the sometimes unreasonable conclusions reached by DCF.

As a grandfather, and having raised four kids to adulthood, I appreciate the importance of life. Destroying another life with a State prison sentence, for what was an accident, is not the answer.
In Ft Myers call 239 334 8890 and in Sarasota call 941 366 3506 to talk

 

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Un-stacking the stacked deck of Child Sex Cases

 

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

When a person is charged with a capital felony for having sex with a minor under the age of 12, you better believe it is a stacked deck and an uphill battle. The penalty is mandatory life without parole and the State prosecutes these types of cases with a vengeance. You get no sympathy from either the judge or the jury. In defending these child sexual battery cases, you have to treat them just as serious as a murder case. In fact,in my experience as a criminal defense attorney, I have found that it is easier to win a homicide case than a case where the child is under 12. The sad truth is that many people simply are not guilty. Little kids can be led to believe that things happened when they really did not. Keep in mind, young children believe in Santa Clause, the tooth fairy and the Easter Bunny. Young children can be manipulated into believing things that do not exist or things that never happened. The younger the child, the more difficult the case is to win.

Immediate investigation of the allegation is critical. Many times, there is a hidden motive for kids to make something up. This is particularly true in child custody and divorce cases. The mother can manipulate the child and use the child as a weapon in a divorce proceeding. In shared parenting cases, an allegation of improper sexual contact with the child will almost always result not only with an unlawful arrest, but almost always, a no contact order. The prosecutors will have the child interviewed by what is supposed to be an impartial child protective team advocate. They are not supposed to “lead” the children in their statements but invariably they do. The State will file a “child hearsay” notice and try and introduce what the child says through the testimony of an adult like the mom, a grandmother, an Aunt or the DCF interviewer. In defending these cases, as an attorney, I am allowed to do a video deposition of the child. In some cases, you can establish facts that dramatically impact the child’s credibility. The prosecutors brainwash the kids and go over their testimony trying to correct any inconsistencies before trial. You really need to lock down the facts air tight.

Jury selection is the most important part of the case. You have to identify and challenge the jurors that because of their personal experiences, are biased. Getting jurors to open up about their past is tough but necessary. You have to challenge the admission of the child hearsay testimony. The State will try and load it up with pure opinion testimony as opposed to what the child actually says. I have been trying child sex crime cases now for over thirty years. Good results are not impossible but they don’t come easy. Many criminal defense lawyers shy away from these types of cases, particularly if they have young kids themselves. It truly is a stacked deck when this type of horrible accusation is made, but hard work and experience can make a difference. If a loved one, a son, a spouse, a brother or friend has been charged with a capital sex crime or charged with a lewd act on a minor and you want to talk, feel free to call for a confidential consultation at 941 366 3506

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Can You Get a Fair Trial is a Child Sex Case?

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

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It is really hard to get a fair trial and a just verdict if you have been involved in an offense where you are alleged to have had sex with a minor. I have tried quite a few of these in the last few years. Public opinion has been shaped by television shows like “Special Victims Unit”. In the cases I have tried recently, in the jury selection process, almost half of the potential jurors have been excused for “cause” because of bias or prejudice or personal experience being a victim themselves. It is shocking to find out how many potential victims were molested themselves as children. In almost all of the cases it was by a family member. Getting a favorable verdict also depends a lot on the age of the alleged victim. Many teenage girls accuse men of sexual abuse. It is common for stepdaughter or daughters of a man’s girlfriend to make a false accusation. One way to get a man out of their mother’s life is to falsely accuse him of an improper touching or groping, or in some instances, sexual intercourse.

The judges, in my opinion, in a lot of cases are really biased. Most of the judges in the criminal courts are former prosecutors who, as prosecutors, tried child sex cases. It is a stacked deck if you are dealing with a judge who was a sex crime prosecutor and his or her past experience has made them prejudiced against anyone charged with a sex offense involving a child. Some judges can put their past experiences behind them, and some cannot. The judge can make a huge difference in the outcome of a case. They can let into “evidence” what they call “child hearsay”. That means that if the child told the mother, a relative, or someone else about the alleged molestation, what they said to someone else about their experience, can come into evidence. This allows the prosecutor to get the evidence in through the words of an adult and not just the child. It gives the evidence greater credibility.
Jurors may also be extremely prejudiced and simply not disclose it during the jury selection process. You can end up with a juror on the jury that was molested as a child and has simply hid it from the Court. Many times, you have no option but to try the case. Sex with a child under twelve carries mandatory life without parole. You can end up with the same sentence you would get for murder. It is actually easier to try a murder case than a child sex abuse case.

I handle a lot of sex crime cases. The same is true in child pornography cases. Once the jury learns of the content of a kiddie porn video, they are impacted greatly. Jurors simply cannot understand why anyone would want to see a six year old being molested. Sex crime defense involving children is always an uphill battle but it is a battle that simply has to be fought.
Some lawyers are judgmental and simply refuse to take these cases. I have learned that there are almost always, two sides to any story. Everyone deserves their day in court. Everyone deserves a vigorous defense and to have their rights protected. If you or a loved one has been accused of a sex offense and want to talk…Call 941 366 3506

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Click Here To Visit Our Sex Crime Criminal Defense Website thesexoffenderdefender.com offices Aiken O’Halloran and Banyai