Feds getting involved in Bradenton Heroin Cases

State and Federal
Criminal Defense Attorney
Peter D Aiken

April 13 2017

As I predicted a week ago in my blog, the Federal authorities are getting involved in prosecuting people who distribute drugs when the drugs lead to death.

In the Federal Courts dealers are looking at a mandatory 20 year sentence in Federal prison if they sell Fentanyl laced heroin and someone overdoses. You can expect to see more of the same in Sarasota County in the next few months. As a general rule people get longer sentences in Federal Court as a result of the Federal Sentencing Guidelines. Many years ago, as a Federal prosecutor I handled drug cases where the DEA charged people with running a criminal continuing enterprise. That enabled the DEA to get life sentences on the leaders of the drug rings.

The Feds also go after all of the assets and try and keep people from having the money to hire good lawyers.

Not all lawyers are experienced in handling cases in Federal Courts.

The rules are different.

Some lawyers claim to have extensive federal experience but few really do. Handling a federal case requires a knowledge of the Federal Rules of Evidence as well as the Federal Sentencing Guidelines.
Since there is no Federal Court in Bradenton or Sarasota, most of the lawyers here have handled only a handful of federal cases in their life.

I have been defending Federal charges for thirty years in the Middle and Southern District Federal Courts.

In Federal Court, for example, you get a twelve person jury instead of six. Many of the rules are different.

If you or a relative find yourself facing Federal prosecution, you really need a lawyer that knows the ropes in the Federal system. Many years ago, I started as a Federal Agent in Miami as was a Federal prosecutor there. After leaving the Government, I spent the rest of my legal career defending Federal smuggling and drug distribution charges all over Florida as well as Georgia, South Carolina, Virginia and as far north as New York and Ohio. The Federal Courts are the big league.

For the people involved in selling heroin, look out….The Feds are coming to town…and they are coming down heavy.

If you, a friend or a loved one is under indictment, under investigation or have been arrested for dealing heroin or possessing heroin, don’t wait call and make an appointment convenient to you and speak to me personally. There is no charge for the initial consultation. Call today and speak with me personally, Peter D Aiken . Click the link below to see my credentials

Attorney Peter D Aiken credentials

Is There Really any Justice?

State and Federal
Criminal Defense Attorney
Peter D Aiken

March 2 2017

Is the criminal justice system fair?

Does it really work?

The answer to that question depends on whose eyes you are looking through. The victim of a crime sees it one way, the police another, the prosecutor yet another and the defendant and his attorney still another. If you are black or Hispanic in a basically white community, do you really get justice? If you are charged with a sex crime, are you going to get a fair shake in the Courts? If you are poor, do you get the same “justice” as someone rich? Are the judges on the side of the prosecutors and cops? Is there a double standard when it comes to police misconduct? Does the truth really matter? As a criminal defense attorney, I get these questions all the time. Many people have lost faith in our criminal justice system.
We are a country of laws. The laws are passed by the Legislative branch of Government. The legislators are elected officials and in theory are supposed to represent the will of the people. The sad truth, is, that to get elected, some candidates resort to fear mongering and exaggerate so called “problems”. The truth is that bad laws create bad situations.

If marijuana was legalized fifty years ago would we have the Mexican cartels?

Did prohibition cause the rise of organized crime?

Should prostitution be a crime?

Would we have human trafficking if prostitution was legal?

Is drug addiction a medical problem or a medical issue?

The laws are enforced by the police and the prosecutors. State attorneys are elected officials.
Sheriffs are elected officials. To get elected, they do the same thing the legislators do. How many times have you heard “I will be tough on crime”. Grady Judd is a prime example. In Polk County, they run sex stings and create crime and then claim they are protecting the citizens of their community. The answer is crime prevention, not criminal prosecution. If people had education and opportunity would they not be less likely to turn to a life of crime. As a criminal defense lawyer, and as a taxpayer, I would rather educate someone than incarcerate someone.

Judges are elected officials. In the criminal Courts however, most of them are former prosecutors. Some who have only ever worked for the State unfortunately at times seem to be biased. A judge’s true role is to be fair, not tough. For some, that is a hard line to walk. In my experience, in doing this for over thirty years, I have found that the older judges seem to have better “perspective”. With age, comes wisdom.
The criminal defense lawyer provides the only check and balance in an unfair system.

We are the ones who push to change unfair laws. We are the ones who cross examine in search of the truth. We are the ones who challenge the police when they exceed the law. We are the ones that appeal unfair rulings. We are the ones who challenge unconstitutional laws. We are the ones who keep us from becoming a “Police State”. We are the ones who challenge racial profiling. We are the ones who expose illegal search and seizures. We are the ones who fight “forfeitures” and police misconduct. We are the ones who sue the police when they beat someone. We are the ones who expose horrific prison conditions. The next time you hear someone like Nancy Grace slamming a defense lawyer, the next time you hear some TV commentator professing outrage at a not guilty verdict, think twice.

If your husband, brother, father or child gets arrested, remember, the system really is not fair and justice is hard to come by. Get the best criminal defense lawyer in town