Peer to Peer sharing files are Dangerous

Peter D Aiken
Aiken O’Halloran and Foley
Experienced Criminal Defense
Experienced Sex crime Defense
Sarasota 941-366-3506
thesexoffenderdefender.com

June 2018

Here in Sarasota there has been an explosion of child pornography investigations and arrests.

All of them involve peer to peer file sharing applications like Bit Torrent, U torrent and Shareaza.

I have suspected for months that local law enforcement is putting up links in adult porn sites encouraging people to download particular file sharing programs to view adult porn.
Most people do not know or understand how these programs work. If you download a file sharing program to your computer, it appears that law enforcement can come into your computer without your knowledge and extract files. This is because most of the peer to peer file sharing programs default to “share” and allow law enforcement to secretly access your computer. They can do this at the exact moment you are viewing something on your computer. No one should view child porn intentionally. The danger is that child porn files and videos are not necessarily identifiable until you click on the thumbnail or the file title. You can accidently view a child porn video by simply clicking on it to find out what it is. If at that moment, the exact time, you are out of curiosity trying to find out what it is, it is possible for the Sarasota Sheriff’s detective to download it from your computer and charge you with transmission of child pornography”, even though you neither intentionally viewed it or “transmitted” it. Even if you delete it once you find out what it is, it is too late. Once in your computer, a video is difficult if not impossible for a non-computer savvy person to completely delete short of wiping clean the entire hard drive.

Do not get charged with possession of child pornography by accidently accessing it.

The simple answer is “Do not use peer to peer (ptp) programs like Bit Torrent for anything. Peer to Peer file sharing is dangerous. Here is the real danger. Once someone can come into your computer, they can change your “settings” and plant something on your hard drive. In the perfect world, the police would never plant evidence. We do not live in a perfect world. All too often we hear about police planting guns on suspects or planting drugs.

The truth is, child pornography can be “planted”.

A jealous spouse, an ex- girlfriend or anyone who has access to your IP address or your computer can set you up and get you arrested for child pornography.
The Internet is a dangerous place and getting more dangerous with every day that passes.

 

About: Attorney Peter D. Aiken

Stay off of Skout.com and Grinder.com

Peter D Aiken
Aiken O’Halloran and Foley
Experienced Criminal Defense
Experienced Sex crime Defense
Sarasota 941-366-3506
thesexoffenderdefender.com

Click Here to view Credentials for Experienced Sex Crimes Attorney Peter D Aiken

May 24, 2018

Stay off of Skout.com and Grinder.com

The latest Sarasota Internet Sex Sting is using phone applications like Skout.com to lure unsuspecting men into compromising chat, texting and meetings with undercover detectives.

The police are also using Grinder.com to target gay men. No one should be hooking up with a minor and as a sex crime lawyer, I have always said, the best way to not get arrested is to not commit a crime. Sadly, in Sarasota and Manatee County, the sex stings have resulted in men with learning disabilities or autism being sucked into compromising situations. The police sometimes create crime. Many of the police departments get federal funds from ICAC and have to justify the funds with arrests. It is a lot easier for the police to simply create a crime interacting with a “mentally challenged” adult that to go out and actually detect real crime.

Often, it is the undercover chatters that are actually doing the soliciting.

For the police, it is all about making an arrest and they could care less if they are arresting a mentally disabled or mentally challenged adult. To them, an arrest is an arrest. Sadly, some of the prosecutors (many of them young) are clueless when it comes to mental disabilities. They simply tow the party line and go forward and try and put them in prison. The sad truth is the most of the real pedophiles are too smart to get caught in the stings and the police are scraping the bottom of the barrel trying to justify agency funding. The State attorney needs to have experts in mental health, particularly experts in the field of intellectual disability and autism, come in and educate the assistant state attorneys so that they will have a better understanding of people with mental disability. A very important part of justice is compassion. To some prosecutors it is more about winning than doing true justice. I personally think that every prosecutor should spend one night in jail as a part of their training. It is similar to the situation with the homeless people here in Sarasota. Maybe if each city commissioner would spend 24 hours homeless and penniless on the streets of Sarasota they would have a better understanding of the challenges faced.
The real truth about the injustice of the Internet Sex Stings needs to be told

 

For more information about sex crimes defense visit our website: CLICK HERE

About: ATTORNEY PETER D. AIKEN

Jail bait sex sting running in Sarasota

Peter D Aiken
Aiken O’Halloran and Foley
Experienced Criminal Defense
Experienced Sex crime Defense
Sarasota 941-366-3506

May 21 2018

Jail bait sex sting running in Sarasota

Hooking up with a minor will land you in State prison.

Is there a sex sting running right now in Sarasota?

It looks like there might be.

You would have thought that when Craigslist shut down Casual Encounters and when the guys that ran Backpage.com got arrested that the stings would slow down. The new law imposing criminal liability on the webpage operators should have taken a real bite out of the Sex Stings making it more difficult for the undercover chatters to entrap men. I am curious and willing to bet that the cops are now targeting the phone applications and the other social media sites like snapchat.com,Facebook.com,Meetme.com , PlentyoFish.com or Grindr.com. They are going to have to start trolling the regular legitimate dating sites with teaser profiles. If anyone ever even hints they are underage, immediately report it to law enforcement. Do not let curiosity get the best of you. There are no real 14 or 15 year old girls or boys that want to have sex with older men. They want guys their age. It is always a cop.

If anyone ever hints they are “inexperienced” or want to “learn about sex” immediately stop chatting and block them. They don’t call it jail bait for nothing. The best way to not get arrested is to not commit a crime. There is no such thing an innocent talk with an underage minor. It is all bad. Do not do it.

As a sex sting lawyer, I run into guys all the time that let curiosity get the best of them. Do not fall for the bait. Do not do it. Over and over I see chats where the man asks “you are not a cop are you”. Typically, the undercover chatter replies “no, are you”. Police do not have to tell you they are the police. That is a myth. Sex with a 15 year old will get you up to 15 years in prison. It is not worth it. Walk away now.

For more information go to our sex crimes defense website: The Sex Offender Defender

Sarasota Escort Services in Deep Trouble

Peter D Aiken
Aiken O’Halloran and Foley
Experienced Criminal Defense
Sarasota 941-366-3506

April 2018

The new Federal law puts escort services that use the Internet services squarely in the sites of Federal investigators. The big sites like Backpage.com and Craigslist.com (casual encounters) have already shut down or been shut down. The Feds are now in the sex business and will be going full speed ahead after the sites that provide links for the prostitutes. The new law makes it a felony with a ten year penalty to “own, manage or operate an interactive computer service with the intent to promote or facilitate prostitution”.

If you go on the Internet and type in “Sarasota Escorts” there are still dozens of sites that the Feds will claim are “promoting” or “facilitating” prostitution. There are some real constitutional problems with the new law. As a sex crime lawyer and former Federal Prosecutor I see a number of huge defects in the law. First, it is an ex post facto law. It makes it a crime to have committed the acts before the law was passed. Secondly, the law is incredibly vague. For example, what does “facilitate” mean? Here in Sarasota, you will see in the near future arrests on both the local and Federal level targeting particularly the local escort sites as well as the State and National ones.

The better answer would have been to make prostitution legal. The new law is going to but the Federal agencies in the “prostitution” business. Hey guys, “there is a new sheriff in town” when it comes to prostitution, and it is the FBI. This is a terrible law. It will put women back on the streets and in the hands of pimps. This law is going to backfire and is a giant step backwards for our society. Prostitution is the world’s oldest profession. This will put women back in bars and back on the streets. We would be much better off with legalized houses of prostitution.
The new law can be challenged and will be. There is a First Amendment issue as well as an Ex Post Facto issue and both will be headed for the Federal Courts. I can’t wait to see how the Federal Courts deal with some of the deficiencies in the new law.

Please visit my Sex Defenses Website:

AIKEN, O’HALLORAN AND FOLEY

            STATE AND FEDERAL SEX CRIME CRIMINAL DEFENSE 

EXPERIENCED CAPITAL AND FELONY SEX CRIME DEFENSE ATTORNEYS

How do I find the Best Lawyer is Sarasota?

Peter D Aiken
Aiken O’Halloran and Foley
Experienced Criminal Defense
Sarasota 941-366-3506

Click HERE to learn more about our Attorneys

The answer to that is simple. There is no such thing as “the best” lawyer.

There are many factors you have to consider in selecting an attorney. Unfortunately, when it comes to lawyers, there is no more competitive field of advertising. You cannot watch television for more than ten minutes without being subjected to egotistic lawyers whining about “get me justice” or touting their few successful verdicts. The Florida Bar tries to regulate lawyer advertising and no lawyer is supposed to claim he is the “best” or the “top” attorney in his field. Unfortunately, there are many lawyer referral services and advertising companies that walk a fine line when it comes to this type of promotion. When you see words like “super”, “the best” or “top” you really need to do your homework. Are they just “super” and the “best” at advertising

Selecting and attorney depends on your special needs. It is a lot like selecting a doctor. Not all doctors have the same qualifications or experience. You would not hire a dermatologist if you needed heart surgery. Not all lawyers are the same. For example, some engage in “general practice” taking all types of cases. Other lawyers, over the years, develop particular experience in particular types of cases. For example, defending a sex crime is different than defending a DUI. Defending a case involving tax fraud is different than defending a traffic ticket. The first thing you have to do is look for a lawyer that has real experience in the area you need. This means real experience in actually handling and trying those types of cases, not just experience in advertising. There are some lawyers who are fantastic at advertising and fantastic at making promises but seldom set foot in a courtroom and haven’t actually tried a criminal case in years. There are lawyers that claim to have offices everywhere and after they sign you up have some local guy actually show up.

What you need is the “best lawyer for you”. Research the type of case you have. Find out which lawyers handle that particular type of case. Research the attorney. Where did he go to law school? How long has he been actually representing people with your type of problem? Many criminal defense lawyers try and count their time as former prosecutors as experience in defending cases. Does the attorney have prior law enforcement experience? For example, if the attorney was a former FBI agent or Federal prosecutor, or former agent, he may have particular knowledge in a particular area. If you have a criminal case in Federal Court, having a former federal agent as you lawyer may be a huge advantage. Go meet with the lawyer. Sit across the desk from him. Ask yourself, “is this the person I want standing beside me in Court”? Do I have confidence in his skills and in his ability to represent me? Is he polite? You need a straight shooting lawyer who will give you an honest opinion of your actual chances of winning, not just tell you what you want to hear. If you have been arrested in Sarasota or arrested in Ft. Myers, your next decision is an important one. Hiring a lawyer is an incredibly important decision that should not be made on advertising alone.

Make an appointment and find out for yourself. Is this the lawyer for me? Bottom line, really look into the background of the lawyer.

Click HERE to learn more about our Attorneys

Attorneys: Peter D Aiken at 941-366-3506
Sean O’Halloran 239-334-8890
Robert Foley 239-984-4494

IN Ft Myers : 239-334-8890

IN Cape Coral: 239-984-4494

Punta Gorda 941-639-6009

Sarasota: 941-366-3506

Drug Arrests on the increase in the Suncoast Area From Bradenton to Ft. Myers Drug busts are up

Aiken O’Halloran & Foley
Experienced Criminal Defense Attorneys
Offices:
Sarasota 941-366-3506
Ft Myers 239-334-8890
Cape Coral 239-984-4994
Punta Gorda 941-639-6009

There seems to be a peak in enforcement of the laws with respect to controlled substances. Car stop are on the increase. Undercover operations are on the rise, particularly with respect to opiates like Oxycontin and Oxycodone. All of the police agencies are targeting Fentanyl. Trafficking in Cocaine cases are surging and there is a major push in Ft. Myers, Punta Gorda, Venice, Sarasota and Bradenton to crack down on the dealers. Everywhere drug busts are on the increase.
“How do I know you are not a cop”? “I asked him if he was the police” Don’t they have to tell the truth about being a cop”?……I hear this all the time. News Flash….They are undercover cops and they can lie. The police in an undercover capacity do not have to truthfully answer or tell you they are cops. Duhhhh! That is why they call them undercover cops.

They didn’t read me my rights….Isn’t that illegal? The truth is, they don’t have to read you your rights. If the police see you commit a crime or if you deal with them and they are in an undercover capacity, they don’t have to read you your rights, even after they arrest you. The only time they have to read you your rights is if they are going to question you. If they don’t, then what you say is not supposed to be used in Court. The State may have a perfectly good case and not need you to answer questions.

Most people arrested for drugs don’t know the law….That is why they hire lawyers

At our criminal defense firm we know the law. We know what works and what doesn’t when it comes to defenses. Do not believe what you see on television lawyer shows. That is entertainment, not real life. If you have been busted for coke, heroin, fentanyl or weed and need a good experienced lawyer give us a call. The consultation is free.
We have offices in Ft. Myers, Cape Coral, Punta Gorda and Sarasota. We also handle drug cases in Bradenton.

ALL CORRESPONDENCE AND COMMUNICATION IS CONFIDENTIAL

Sarasota: 941-366-3506

Fort Myers : 239-334-8890

​Charlotte: 941-639-6009

The Cape: 239-984-4994

Medical Marijuana and Gun Ownership

Aiken O’Halloran & Foley
Experienced Criminal Defense Attorneys
Offices:
Sarasota 941-366-3506
Ft Myers 239-334-8890
Cape Coral 239-984-4994
Punta Gorda 941-639-6009

How does having a prescription for medical marijuana affect your right to own or buy a gun?
So far, if you own a gun, it does not. If you go to buy a gun however, that is another story.

The Federal Firearms transfer form ATF 4473 has a specific question and warning. It specifically asks “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? It then goes on to state: “ Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the State where you reside
If you have a prescription for medical marijuana, and you answer this question with a “no”, you are at risk of being charged with a Federal Felony and facing up to ten years in prison. No one knows whether the Feds are going to seriously go after users of medical marijuana if they in effect lie on the form required to buy a firearm. How about if you have a misdemeanor conviction for possession of marijuana? Does that make you a “user” of marijuana? There is a difference between possession of marijuana and using or smoking it so you are probably OK if all it is a conviction for possession of pot.

The new Attorney General seems to be in the minority with his views on marijuana and who knows what the Feds are going to do. One the one hand, the current administration seems to favor gun rights but on the other hand takes an unrealistic view when it comes to weed. Time will tell when it comes to how the ATF enforces the law. It would be so easy for the ATF to simply get a list of everyone who has a script for medical marijuana and then just put them on a “no buy” list when it comes to firearms. If you have a prescription for medical marijuana in my opinion, you would be in technical violation of the law if you do not disclose it when you go to buy a gun. If you do disclose it, your purchase will be turned down. If you have someone else buy it for you, that deception is even worse because the form specifically asks “Are you the actual buyer of the firearm” and if someone lies about that, they will be prosecuted. It would be interesting to see how the Feds are treating this in the States with legalized use. Once again time will tell.

As a gun lawyer, over the years I have handled all types of firearms violation. I have yet to have a case since the changes when it comes to medical marijuana. For the average citizen, he or she may have to make a choice between using marijuana for legitimate medical purposes and being able to buy a gun. Think about that when you are deciding whether or not to get a prescription.
He will be your strong advocate — defending your rights always and seeking the best possible outcome.

Free Consultation With a Criminal Defense Lawyer — Call Today

For a free consultation with Peter Aiken, contact our firm. We have offices in Fort Myers, Cape Coral,Punta Gorda and Sarasota to serve you.

Sarasota 941-366-3506

Fort Myers 239-334-8890

​Punta Gorda 941-639-6009

Cape Coral 239-984-4994

I didn’t mean to do it!

Aiken O’Halloran & Foley
Criminal Defense
Offices:
Sarasota 941-366-3506
Ft Myers 239-334-8890
Cape Coral 239-984-4994
Punta Gorda 941-639-6009

If you have been arrested and charged with domestic violence, chances are, you regret letting things get out of control.

The police have no tolerance when it comes to fights between a husband and a wife and is someone calls 911, someone is going to jail. Most of the time, it is the man who gets arrested but sometimes, the wife, the mother or the girlfriend is the one who is taken away to jail. A battery arrest has terrible consequences. Most of the time, the judge, before the person is released on bond, imposes as a condition of bond a no contact order. This is a terrible situation for the family because most of the time, the husband has nowhere to go. Most working families cannot afford two places to live. Many times, because of the arrest, the husband loses his job. The Courts sometimes set very high bail bond and the family has to spend a lot of money getting him out of jail.

In some situations the charges can be serious. If there is a bad injury, there may be an arrest for aggravated battery, a felony. If something is used as a weapon and thrown, or if a person hits another person with an object like of phone or a cooking pan, a felony can be charged. The charge depends on how bad a person gets injured and whether or not a weapon is used. How do these things come about?

As experienced criminal defense lawyers we have found that most of the time, alcohol is involved. Sometimes, jealousy is the cause. Sometimes good people do get arrested as a result of losing their temper. Our goal is to solve the problem. Hopefully the family can be reunited and saved. Our goal is to get people help and keep them from being too harshly punished. The Public Defender does not handle hearings for lifting no contact orders. You need your own private lawyer to help you through this crisis. It does not cost anything to talk to us. Call today at the numbers below for a confidential consultation.

Fort Myers Office
Phone 239-334-8890

Cape Coral Office
Abogado habla español con fluidez
Para Más Información
Phone: (239) 984-4994

Punta Gorda Office
Phone: 941-639-6009

Sarasota and Bradenton Office
Phone: 941-366-3506

 

Defending Doctors, Lawyers and Professionals…..If you have been falsely accused or are under investigation

Aiken O’Halloran & Foley
Criminal Defense
Offices:
Sarasota 941-366-3506
Ft Myers 239-334-8890
Cape Coral 239-984-4994
Punta Gorda 941-639-6009

Sexual Battery

Sexual battery is another word for nonconsensual sex

Forcible Rape is one form of sexual battery.  It usually involves some degree of force to overcome resistance and takes the form of some physical violence or threat of violence with a weapon.  Under the law, no means no, and if a woman at any point says stop, a further sexual act may result in a later prosecution.  There does not have to be actual penetration and oral sex can result in an arrest and prosecution.  Forced participation in oral sex (a blow job) can land a person in just as much trouble.  A husband can be charged with raping his wife and cultural differences can lead to a misunderstanding of the law.  Timely investigation by experienced investigators at the direction of a good sex crime lawyer may undercover facts to defeat a false allegation.  Women, sometimes regret engaging in consensual sex and out of guilt unfairly blame their sex partners.  Cheating married women who get caught often blame their new partner.  A consensual loss of virginity can result in a rape allegation.  Women in therapy, often years later, in their mind envision that what they did was not their fault and falsely accuse former partners.  I have defended men charged ten and twenty years later of crimes with teenage girls decades before when they were underage.

Date rape Drugs and Alcohol

Sex under the influence of alcohol or drugs can result in false charges.

There is a fine line beyond which criminal charges can be filed.

A person who is drunk, intoxicated or under the influence of pot, pills, or some other drug is under the law incapable of consent.  Often, both partners are drunk, stoned or out of it. Later the next day, in a moment of regret, the woman may not take responsibility for her own actions and with regret and remorse blame the man for what happened.  There are cases where men slip date rape drugs into drinks or ply a woman with alcohol to the point of incoherence.  For thirty years, Peter Aiken has defended false accusations of rape and sexual battery.  Successful defense is not an accident and years of experience do make a difference in winning sex charges.

A conviction will put you in prison and on the Sex offender registry

When your life and future is at stake, go with experience and a proven track record. Call today to speak with Peter Aiken about your problem. We may be able to help

When professionals are charged with a crime, a lot is at stake. A conviction can result in the loss of a professional license and an aggressive defense is a must. Over the years, Peter Aiken has defended professionals including Doctors, Attorneys, Real Estate Agents, Escrow agents, Accountants, Financial Advisors and Tax Return Preparers for a myriad of offenses. Successful defense is important because often the Courts hold professionals to a higher standard when it comes to sentencing and impose harsh sentences. When a lot is at Stake. If a professional, because of a hectic schedule fails to file an income tax return, or files a false or inaccurate tax return a conviction can have catastrophic consequences. If a doctor is falsely accused of a sexual advance or touching of a patient, If a lawyer is charged with a trust account violation or a financial advisor is charged with elder fraud winning is a must.

The loss of a professional license can be a career ending event

In Sarasota , Bradenton, Cape Coral and Ft Myers ,the State attorney takes a hard line on crimes involving the elderly and professionals are aggressively prosecuted.Do not wait until you are arrested. Early intervention by a skilled criminal defense lawyer may prevent charges from being filed. Peter Aiken has defended professionals for over thirty years before the IRS, before Federal Grand Juries, in the Federal Courts in Tampa, Miami, Fort Lauderdale, Palm Beach and Fort Myers as well as the State Courts. As a former IRS special agent and former Miami Federal Prosecutor he understands the strategies employed by the Government. In white collar cases Peter Aiken’s background and degree in accounting gives him an edge in understanding how the Government will present and try a case.

Presenting a successful defense often requires special skills and a knowledge of the Federal law and rules of evidence

Defending Teachers, Professors and School Employees. Teachers are particularly at risk of being falsely accused of sex crimes by students or others. A disgruntled student or parent may lie, and in a rush to judgment, the police or State attorney may believe it. When a person is falsely accused of a sex crime it can end a career.

llámanos 239-984-4494
Arrestado en Ft Myers y necesita un abogado que hable español con fluidez

Sarasota 941-366-3506

Bradenton 941-366-3506

Ft Myers 239-334-8890

Cape Coral 239-984-4994

DUI and Felony Traffic Defense Attorneys AIKEN O’HALLORAN and FOLEY

Aiken O’Halloran & Foley
Criminal Defense
Offices:
Sarasota 941-366-3506
Ft Myers 239-334-8890
Cape Coral 239-984-4994
Punta Gorda 941-639-6009

December 27 2017

Big New Years Parties Can Mean Big Arrests

All DUI Lawyers Are Not Created Equal

If you are facing a DUI or Criminal Traffic charge, do you want a personal injury lawyer defending you? Do you want a family lawyer or a real estate lawyer standing beside you when the verdict is read?

Criminal law is all we do.

The Yellow Pages and the Internet are full of lawyers that claim they can represent you on a DUI (drunk driving) charge. Many lawyers try to wear many hats and be all things to all people. Do you want a general practice lawyer handling your criminal case? Do you want a foot doctor operating on your heart? Peter Aiken, Sean O’Halloran and Robert Foley, all former prosecutors, have been handling DUI criminal cases their entire careers. Criminal defense is all we do.

Should I use the Sarasota Manatee Charlotte Lee or Collier County Public Defender for a DUI or Criminal Traffic Offense?

Private lawyers, such as our attorneys at Aiken, O’Halloran & Foley, have a tremendous advantage over the public defender in a DUI or Criminal Traffic case.

As private lawyers, we get the video, we cross examine the arresting officer and we develop valuable testimony which can help your case long before a public defender would even be appointed.

Sarasota Bradenton Cape Coral and Ft Myers Drunk Driving Attorneys
Act now to save your license and driving privileges. Do not wait or it may be too late. At Aiken, O’Halloran & Foley, we have extensive experience in:

• DUI checkpoints
• DUI accidents
• DUI traffic stops
• DUI manslaughter
• DUI field sobriety exercises
• DUI homicide
• DUI administrative hearings
• DUI second and third offenses
• DUI license suspensions
• DUI hit and run defense
• DUI defense

In Sarasota and Manatee call Peter Aiken our DUI and Felony Traffic defense attorney at 941-366-3506… In Ft Myers Cape Coral and Charlotte Call Sean O’Halloran and Robert Foley at 239-334-8890. Don’t wait criminal defense is all we do.Click The Links Below for:

Sarasota and Bradenton Office 941-366-3506

Ft Myers Cape Coral and Charlotte County Offices 239-334-8890