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.
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.
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.
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.
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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.
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.
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.
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.
Arrestado en Ft Myers y necesita un abogado que hable español con fluidez
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?
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:
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.
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.
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.
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.
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.
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.
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.