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
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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