How to Defend a Sex Sting Case

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How to Defend a Sex Sting Case
Not all criminal lawyers really understand how to defend Internet sex sting cases. Lawyers, just like doctors all have a basic degree and basic understanding of the law but that does not mean that they have experience in particular types of cases. All lawyers are not created equal and the level of experience can vary greatly. There is no substitute for actual hands on experience in defending sex sting cases. I have been defending these types of cases for over ten years ever since the famous “To catch a predator” TV show.
Every sex sting case is uniquely different. You may have a valid defense and not realize it. The real issue in most cases is “who is doing the luring, seducing and enticing”? Everyone thinks that entrapment is some magic bullet that will automatically get the case dropped. You may have and entrapment defense but setting it up and winning is quite another story..
Just because the police were posing initially as an adult is not an automatic win. Just because the police contacted you, entrapment is not a sure win. In defending these cases you have to really understand the ICAC standards and procedures as well as the methods the police use in running the stings. I have been involved in sting cases in Lee County, Manatee County, Sarasota County, Polk County, Hillsborough County and Pinellas County as well as other smaller counties in Florida and have defended quite a number of these types of criminal cases. There are a number of factors that come into play in defending the “Sting”
Here are a few of the factors that need to be taken into account:
Did the police post in an adult site? Did they certify they were and adult?
Did the police initiate contact? Was it a “pay” site?
Did the police immediately disclose age? Did the police reinitiate contact?
Did the police invite travel? Did the police tempt you?
Did the police bring up sex? Did the police tell you that you were “cute”
How many email exchanges occurred before they disclosed age?
Did the police ask you to bring condoms? Did the police ask you to send a pic?
When you were arrested, did they advise you of your rights?
Did the police seize your car? Do they have evidence of “predisposition”
Did you send penis pics? Did they send you a seductive picture of a minor?
To win a sex sting case many factors come into play.
I have a case coming up next week in Pinellas County where the police enlisted the help of a military air force investigator. That happens to be illegal and a violation of the “Posse Comitatus” law. If you have questions, call me, Peter D. Aiken, at my Sarasota office at 941 366 3506

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