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 and O’Halloran and Foley SW Fla Criminal Defense
Offices:
Sarasota 941366-3506
Ft Myers 239-334-8890
Punta Gorda 941-639-6009
Cape Coral 239-984-4994

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 and O’Halloran and Foley SW Fla Criminal Defense
Offices:
Sarasota 941366-3506
Ft Myers 239-334-8890
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

Who are the real drug dealers? You would be surprised.

Aiken and O’Halloran SW Fla Criminal Defense
Offices:
Sarasota 941366-3506
Ft Myers 239-334-8890
Punta Gorda 941-369-6009

For those of you who watched “60 Minutes” on television on December 17th, , you already know the answer. McKesson Pharmaceuticals makes billions and for decades has turned a blind eye and concealed from the DEA the quantity of Opiates (pills) it has pumped into society. McKesson entered into a deal with the DEA to pay a $150 million dollar fine for not reporting suspicious drug orders. That is a drop in the bucket compared to what they make in one day dealing drugs. The drug companies, the huge corporations are the real drug pushers. They claim that it is the doctors and the pharmacies, but literally, the buck stops with them. They make the Oxycodone that has addicted and killed so many people in America.
If you have been arrested for possession of Oxycontin, Oxycodone, Fentanyl or Heroin, I would be willing to bet your addiction began with pain medication produced by the real drug dealers, the huge American drug companies. Many people who get injured go on to get addicted. For decades, the doctors have been writing scripts for these highly addictive pain killers. Housewives, construction workers and everyday normal people have been addicted by the over prescribing of pain meds by doctors. If you were in an automobile accident and the lawyers and doctors were trying to run up the “damages” documenting pain and suffering, you may have been prescribed Oxycontin or Oxycodone in excess. It is super easy to get addicted. As the pills got harder and harder to get, some people opted for Heroin as a substitute. Now everyday normal people have become addicts all because the huge drug companies for decades have pushed drugs and made billions. They are the real cartel, but in America, with their billions make them immune from prosecution. They are the donors who back our lawmakers. They are simply too big and too powerful to be prosecuted.

About: Attorney Peter D. Aiken

As a criminal defense lawyer I represent the people at the bottom of the food chain, the addicts. It is easy sometimes to take probation, but probation is a trap if you are an addict. What addicts need is treatment. The alternative is prison or death. Jail or prison is not the answer for addiction. Illegal possession of a certain quantity of opiates can result in trafficking charges and result in a long minimum mandatory prison sentence. The drug database has made it harder to get pills and the net result is people are dropping like flies from drug overdoses on Fentanyl. At our criminal defense firm, we are not judgmental. We understand how people end up being addicts. There is life after addiction. Do not give up. We will try and find a way to keep you out of jail and get you help. It costs nothing to give us a call.

Click The Links Below for:

Sarasota and Manatee County Office
941-366-3506

Lee County Office
239-334-8890

Charlotte County Office
941-639-6009

Hurricane Irma Arrests

Peter D Aiken
Sarasota and Manatee Federal and State Criminal Defense Attorney
941 366 3506

The hurricane brought a lot of grief to a lot of people.
Arrests are already up and are going to increase.

Many people lost their jobs and out of desperation are going to come into contact with law enforcement.
There have already been a number of curfew violations.

There have been some arrests for grand theft and burglary and over the next several weeks probably more. Desperate people do desperate things. I anticipate that there will be arrests for “contracting without a license” as well as insurance fraud. There will probably be a number of property crime arrests as a result of people stealing items from their neighbors. I also anticipate there will be arrests for “defrauding a pawn broker” when people in desperation try and pawn stolen items.
There is also going to be a sharp increase in probation violations. The hurricane interrupted the drug business just as it impacted legal businesses. Sadly, the anxiety of a loss of employment or loss of shelter may push some people back into drug use.

If you are on drug offender probation, that is a real problem.

A dirty urine can get you violated. Do not slip. Do not feel hopeless. If you are addicted to pills (Oxycodone or Oxycontin), don’t do something stupid and try and get them on the street. A lot of the bootleg pills are really Fentanyl and you can end up overdosing. Drug addiction is a medical problem that causes you to come into contact with law enforcement. You need help, not jail. We handle all forms of drug crimes as well as the other types of crimes caused by drug addiction. Dealing in stolen property is the most common one when addicts pawn stolen items to support their habit. Defrauding a pawn broker is another common offense caused by addiction. For a lot of people, the next few months are going to be tough. Many people who live week to week have lost their jobs and are desperate.

Desperate people do desperate things….If you messed up and need legal representation…..

Call for a free consultation in Sarasota at 941 366 3506 or in Ft. Myers at 239 334 8890

Arrested for Date Rape or Statutory Rape in Sarasota or Bradenton?

State and Federal
Criminal Defense Attorney
Peter D Aiken
941-366-3506

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. Do not assume a girl you meet in a bar or dance club is an adult. They sneak in with false identification. You may be arrested even if the girl came on to you and seemingly consented.

 

Date Rape

 

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

 

All Correspondence and Communication is Confidential

Arrested for Credit Card Fraud Theft or Embezzlement in Sarasota or Bradenton?

Peter D Aiken
Sarasota and Manatee Federal and State Criminal Defense Attorney
941 366 3506

For over three decades our firm has defended fraud cases of all types. In Federal Court our Sarasota criminal defense firm has vigorously defended Federal Indictments for Mail Fraud, Wire Fraud, Bank Fraud, Mortgage Fraud, Social Security Fraud, Health Care Fraud and all forms of Tax Fraud.

 

In the Federal Arena

 

Peter Aiken, as a former Federal Agent and former Federal Prosecutor, has used his accounting background and white collar defense history to negotiate dispositions and try cases in front of juries in Tampa and Fort Myers. Recently, the Sarasota office of Aiken, O’Halloran and Associates has represented clients in cases involving credit card rings, identity theft and forgery. Generally, these cases are investigated by the FBI, Secret Service or the economic crime division of various local law enforcement departments like the Sarasota Sheriff’s Office, the Manatee Sheriff’s office, the Sarasota police department and the Northport police department.

Bank Fraud, Mortgage Fraud and Mail Fraud Defense

 

This type of defense comprises a substantial portion of our Federal Defense litigation. Recently, in Sarasota and Manatee Counties there have been a number of investigations into Elder Fraud where the State has prosecuted financial advisors and brokers for misappropriation of client funds.

Also, there have been recent cases where relatives and caregivers have been charged for unauthorized withdrawals, unauthorized purchases and other illegal acts. Given the demographics of Sarasota County, more prosecutions are expected for:

 

Crimes involving the Elderly

 

Allegations of employee theft often result in criminal prosecutions. These cases usually involve bookkeepers, cashiers, tellers, business partners and trusted employees who have access to money or financial records. Peter Aiken’s accounting background is a enormous advantage in investigating and resolving financial crimes. Often, it is another employee who has taken the money and blames someone else to cover his or her actions. These economic crime cases are defensible and hiring an experienced white collar crime lawyer may make a difference. We are experienced Elder Fraud Defense Attorneys in Sarasota and Bradenton

 

If you are under investigation for theft of embezzlement, call for a free consultation at 941 366 3506

“Click Here” to send a confidential e-mail to Attorney Peter D Aiken

ALL CORRESPONDENCE AND COMMUNICATION IS CONFIDENTIAL

Are you a doctor, lawyer or other respected professional in Sarasota or Bradenton accused of a crime?

OFFICES: Sarasota
941-366-3506
Punta Gorda
941-639-6009
Ft Myers
239-334-8890

“CLICK HERE”to view Credentials for Peter D. Aiken

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 and Bradenton, 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.

 

If you have been falsely accused or are under investigation speak with us today at no cost by calling 941-366-3506

ALL CORRESPONDENCE AND COMMUNICATION IS STRICTLY CONFIDENTIAL

Crackdown on “Contractors” in Sarasota

Sarasota and Bradenton Criminal Defense Attorney
Peter D Aiken
941-366-3506
Representing the Florida Accused

There were a number of arrests of “unlicensed” contractors here in Sarasota over the last week. Law enforcement was running a sting responding to people on the Internet offering “handy man” type of services. There is a push to stop men from offering electrical, plumbing and repair services if they do not have a valid County license. Sadly, some of the men are just trying to put food on the table for themselves and their families by trying to find legitimate work. There is a problem with “unlicensed contracting” when it comes to some of the repairs and remodeling services offered, but hopefully, the State attorney’s office will be able to weed out the cases and decide who really needs to be prosecuted and who does not. As a criminal defense lawyer here in Sarasota, I try to keep people from getting a felony conviction and ruining their lives and their future. Many times we are able to negotiate a resolution avoiding court entirely.

A lot of the men arrested are in their fifties and sixties and just trying to find work. My suggestion is for men to go ahead and get a license. It is important that the license be for the exact type of service offered. In some cases, when the men respond to someone calling for their service, they are solicited to perform another type of service (like electrical or plumbing), and when they offer to do so, are arrested.
The other thing being targeted is contractors that use employees that are not covered for “workman’s compensation”. This is sad when the worker is an extra day laborer hired just for that day or just for that job. Working for a living beats being homeless or being unemployed.

I wish the cops here in Sarasota would exercise a little discretion in deciding who really needs to be arrested and who just needs a warning or some advice on how to get the proper license. I know times are tough for some of the guys arrested but having a good defense attorney can make a huge difference in the outcome.If you have questions or want to discuss this call 941 366 3506

How do I get someone out of jail? How do you post Bail?

Sarasota and Bradenton Criminal Defense Attorney
Peter D Aiken
941-366-3506
Representing the Florida Accused

Most families never have to deal with this issue. When you get that call from a son, daughter, husband, wife or friend in jail, many people do not know what to do. When a person gets arrested, they are supposed to be allowed a phone call. Most of the time it is to a relative.

Who should you call next?

If there is a reasonable bail bond, call a bondsman. If the bond is huge or no bond has been set, call a lawyer immediately.

There are two ways to post a bail bond. If you have the money, you can go to the jail and “post bond” by putting up the money. Most people use a bondsman. A bondsman charges a 10% fee, called a premium, to post the bond. If the bond has been set high many people make the mistake of posting bond without trying to get the amount reduced. For example, if the bond is $100,000 and the family posts bond with a bondsman, they can end up spending $10,000 with the bondsman and then end up with no money for a good criminal defense lawyer. If they go to the lawyer first, the lawyer may be able to get the bond reduced and save them a fortune. As a Sarasota criminal defense lawyer, all too often I see families spend everything they have on bail bond. The people in jail panic and beg their relatives to “get me out”. A lot of families do not think ahead. Bond is only temporary and secures release until the case is concluded. An experienced criminal defense attorney can make a huge difference in the long run. The money is better spent on getting good solid legal advice and winning the case.

I am not saying not to post bond, I am just saying that the lawyer may save you a bundle in “premium” which in the long run frees up money for a successful criminal defense.

Finding the best criminal defense lawyer in Sarasota or Bradenton is a challenge. You cannot rely on advertising alone. Some lawyers may be great at handling tickets or a DUI cases, but have little or no experience with serious charges like sexual battery, child pornography or trafficking in Fentanyl. The type of lawyer you need depends on the type of crime your loved one is charged with. You would not hire a foot doctor for a heart problem, so why would you hire a ticket lawyer for something really serious. Look at the lawyer’s real experience, not just the so called ratings or reviews. Look for education and the number of years he or she has actually tried cases. Experience really does count. It is a lot like hiring a good mechanic. You pay for the guy that knows what screw to turn and how far to turn it before it breaks.

Ask the lawyer if he or she is going to handle the case personally. Some lawyers, like the ones you see on TV, are great at signing up business, and then shuffle it off on an assistant to handle.

If a loved one has been arrested and if you have questions, call me at 941 366 3506