Should I Take a Deal in a Sex Case?

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Probably one of the toughest decisions you will ever have to make is whether or not to accept a negotiated plea, a plea bargain, in a sex crime case. When you are charged with a sex crime like traveling to meet a minor, Internet solicitation of a minor, child pornography or date rape, ultimately you have to make a decision as to whether or not to go to trial or negotiate some type of plea. Unlike other types of crimes like possession of cocaine, possession of pill or driving on a suspended license, no two sex crime cases are alike. Every one of them are different. Deciding what to do is a hard call.
Most serious sex crime convictions have terrible consequences. All of them carry possible State prison sentences. That is not the big consequence. The real problem is becoming aregistered sex offender. That punishment stays with you for twenty or more years. It affects where you can live, where you can work, where you can travel and your real personal freedom for the rest of your life. Sex offender probation is also tough. You have curfew, have to wear an electronic monitor, cannot live within a thousand feet of designated places like schools and have to go to all kinds of therapy, evaluation and counseling.
Most serious sex crime convictions have terrible consequences. All of them carry possible State prison sentences.  You only get good deals from a position of strength and having a good chance of winning if you go to trial. The prosecutors almost always start off offering State time in prison as well as a sex conviction. It all depends on how strong the case is, whether or not the witnesses are strong and how bad the evidence is against you. Sex cases are tough but not impossible. Even when the cases seem hopeless and the evidence is against you, a good lawyer may be able to do damage control and get you a plea deal for a lesser offense or a lower sentence. Never give up hope.
I have resolved twenty sex crime traveler cases in the last few years. In half of them we were able to get the charges reduced to non sex offenses like attempted child abuse, unlawful use of a two way communication device or some other computer crime. This is important because in those cases the client did not become a registered sex offender. In the non sex offense resolutions most of the men got probation. In the remaining cases where the evidence was overwhelming we were still able to get low sentences when we could show that the men were not really sex predators but merely made a terrible mistake in judgment.
You have to weigh the strength of the State’s case against the consequences of losing. The State also weighs the strength of their case against the defense lawyer they are coming up against. If the lawyer has not handled sex sting cases and is not familiar with defending them, generally, he will not get as good a deal. If the lawyer has not raised good defense issues, he will not get a good offer. In these types of cases the experience of the lawyer really matters a lot. Not all cases are winners. In some cases it is damage control. As a criminal defense attorney specializing in sex crimes, having a good damage control lawyer can make a difference in years of your life. If you want to talk about your sex crime case feel free to call at 941 366 3506 or

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Do the ICAC Standards and Procedures Define Entrapment?

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Do the ICAC Standards and Procedures Define Entrapment?
As a sex sting lawyer, I often question the ICAC Standards and Procedures that law enforcement claims they use in conducting Internet Sex Sting operations. What should be defined in the guidelines is exactly “what is acceptable law enforcement technique” as opposed to police “entrapment”. There is only one paragraph in the “Standards” dealing with this issue. It says that they are supposed to let the person they are chatting with set the tone and pace of the conversation when it comes to sex. In reality, most of the time the cops are steering the conversation and often inviting people to travel to the take down site. These Internet stings are not conducted on children’s Internet sex sites like myspace.com or facebook.com. These cyber child sex stings are not fishing expeditions where the cops throw their lines where they know there will be predators or men looking for children. Instead, law enforcement agencies are trolling with adult ads in adult sites enticing and inducing adults to respond and then trying to convince them to interact with fictional children. These cyber child sex stings are not fishing expeditions where the cops throw their lines where they know there will be predators or men looking for children. Instead, law enforcement agencies are trolling with adult ads in adult sites enticing and inducing adults to respond and then trying to convince them to interact with fictional children. The undercover cops will engage in chats for extended periods of time. Ultimately they will claim to be underage and try and convince an unsuspecting person to continue chatting and then lure them into compromising conversations. Never chat with a minor.
As a sex crime attorney, I always say that the best way not to get arrested is not to commit a crime. If you, a family member or a close friend have been accused of a sex crime involving Internet activities with a fictional cyber child you need to speak with an attorney that has experience in these types of cases. I have handled twenty of these types of sting cases and have quite a number pending. I am up to speed on the “Standards”. Most of the Courts treat them as merely guidelines and do not enforce them. You need more than just non compliance with a guideline. You need to establish real inducement in the law enforcement conduct. It is a good first step but not necessarily a winner to simply establish non compliance.
Call for a free consultation at 941 366 3506

Now media labels them: FAKE GIRL SEX STING FAKE CHILD SEX STING …ARE THEY?

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Whether the undercover cops and ICAC task force pose as a fake girl or Fake child in an internet sex sting operation the consequences are all the same. An experienced sex sting lawyer will tell you that they can label the charges differently but the score sheet will usually read alike when they refer to child sex abuse in a sex sting operation in 2014. In most of these sex stings prosecutors are charging the adults in the adult sites looking for a date or companion after what looks to be a bait and switch with, TRAVELING TO MEET A PARENT TO SOLICIT/ENTICE A CHILD TO COMMIT A SEX ACT, USE OF A COMPUTER TO SOLICIT A PARENT TO COMMIT SEX ACTS WITH A CHILD, ATTEMPTED LEWD OR LASCIVOUS BATTERY (VICTIM 12 OR OLDER LESS THAN 16), TRANSMISSION OF MATERIAL HARMFUL TO MINORS (SENDER AND RECIPIENT IN STATE), USE OF A COMPUTER TO SEDUCE SOLICIT ENTICE A CHILD TO COMMIT A SEX ACT, TRAVELING TO SEDUCE/SOLICIT/ENTICE A CHILD TO COMMIT A SEX ACT, ATTEMPTED LEWD OR LASCIVIOUS BATTERY, use of a Computer to Solicit a Child to Commit Sex Act, Travel to Solicit a Child to Commit Sex Acts, Lewd & Lascivious Battery – Attempted, Use of a Computer to Solicit a Child to Commit Sex Act, Travel to Solicit a Child to Commit Sex Acts, Lewd & Lascivious Battery – Attempted, and Transmission of Materials Harmful to Minors. These are just some of the terms that are used when charges are filed.
In most cases there is a NOTICE OF INTENT TO FILE COMPLAINT FOR JUDGMENT OF FORFEITURE when personal property and vehicles can be seized. (A Civil Forfeiture).These must also be addressed.
Then there is the internet exposure of your name, that even if you can get the charges reduced or you have been found not guilty in a sex sting trial, the exposure can linger indefinitely.
It has been several weeks since the last Florida Sex sting. I would expect there soon to be an ICAC and State Law enforcement internet sex sting in Pasco, Seminole, Orange, Pinellas, Manatee, Lee, Charlotte, Broward, Brevard, Lake, Hillsborough, Sarasota or Polk counties as these seem to be the hot spots.
As an experienced sex sting attorney I can try to help you and your family with the entire child sex sting nightmare. As a sex crime Lawyer, NO MATTER HOW BAD YOU THINK IT IS, I AM NOT HERE TO JUDGE YOU, I AM HERE TO HELP YOU.
If you or a family member has been arrested or are under investigation for an Internet sex sting involving an under aged child, internet sex sting or child pornography internet sting, it is to your advantage not talk to the sex sting investigators, call me, Peter D. Aiken, today for a free consultation at 941-366-3506.

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Related articles
http://www.thedailybeast.com/cheats/2014/10/21/1st-conviction-in-fake-girl-sex-sting.html
http://www.startribune.com/local/279764732.html
http://www.orlandosentinel.com/news/breaking-news/os-sex-sting-florida-pinellas-county-20141001-story.html

SEX STINGS BIG BUSINESS ACROSS US in October 2014

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SEX STINGS BIG BUSINESS ACROSS US
Almost daily a City or County somewhere in the US hits National news with a SEX STING. We have seen recent arrests in Brown County, Wisconsin, Florida,Washington, Oregon, Texas, Alabama and Georgia with words” More sex sting arrests to Come”. SEX STING can mean Child Sex Sting, Internet Sex Sting, Cyber Child Sex Sting and others sex stings for money or prostitution. As a Sex Sting Attorney, after a sex sting article breaks I am always available to talk to the accused or family members about the SEX STING and related charges against them. It is some of the most difficult conversation that an accused or family member needing answers has to communicate. With any Sex Crime Charge, I am not here to judge you I am here to help you. No matter how the media reports on Sex Stings there is always an agency involved making big bucks. In recent news the term ICAC or Internet Crimes Against Children is usually mentioned, however many state or multistate agencies can be involved. Recent events have also included Federal indictments which I am all too familiar with and can be very difficult to understand for an attorney handling general law cases. These sex sting cases carry heavy penalties, long Sexual Predator Probation and life altering conditions for an accused and public internet residual even if acquitted. It is very important to have an attorney who specializes and handles these type of sex sting cases. It many cases a family attorney is hired who is very experienced in their practice but has little or no experience with internet sex sting crimes. It is not unusual in these situations to have more than one lawyer on a SEX STING CASE. I have several cases where I am the Sex Sting Lawyer working with a local family lawyer. If you or a loved one has been arrested in a SEX STING and have questions that need answers call me, Peter D. Aiken, for a free consultation at 941-366-3506 or Sean O’Halloran at 239-334-8890.
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Click below to visit our Probation Violations Website and Blog
http://floridaprobationviolations.com/

 

Internet Child Porn Stings in Florida

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Internet Child Porn Stings in Florida last quarter 2014
The Internet Sex stings are taking a new twist here in Florida. Grady Judd seems to be shifting to Internet prostitution Stings. In Sarasota, Lee, St Johns, Brevard, Manatee, Pinellas, Hillsborough, Volusia, Pasco, Alachua, Citrus, Broward, Desoto, Polk, Osceola, Seminole, Orange and Miami Dade counties there seems to be a push to get people to either send child pornography or exchange kiddie porn. Child pornography carries incredibly harsh penalties and if you are prosecuted in Federal Court the penalties can be even worse which can include sex offender registration and sex offender probation.
There is also a push to get men to respond to ads for sex with children in foreign countries. There has been recent arrests for simular sex crimes against children charges in Montana, Washington, Orgegon, Utah, Georgia, Texas, California, New York, Ohio,Virginia, Michigan, Alabama and the Carolina’s.The best way to not get arrested for a sex offense is to not commit a sex crime offense. The various law enforcement entities have now realized that sex is the best bait when it comes to creating criminal violations. Sarasota is overdue for another Internet sex sting as is Bradenton and Tampa. In the last few stings, arrests have fallen off and my bet is that you will see the police phase into more child pornography stings. Never respond to any ad that even suggests it has anything to do with images of children is sexual situations. Never, no never send or receive any child porn.
The problem is what you can do if you accidentally get a child porn image with a hash tag value sent to you while viewing regular adult porn. It is not an intentional possession but the police do not care. Simply hitting the delete button on your computer will not erase it. It stays in your computer in “unallocated space”. If you accidentally get child porn and take it to a repairman to delete it, chances are you will be reported and arrested. I even knew of a case where a man threw his computer into a canal. It was recovered and the images were still on the hard drive. Reformatting the entire hard drive is said to be an option but many people simply do not have the technical skills to do it. I have heard of cases recently where computers are hacked and porn is sent without the owner’s knowledge. If you live in an apartment building or your home is close to another house you run the risk of someone accessing your wi-fi. Unfortunately, we live in dangerous times and you do not have to commit a crime to get arrested.
Never allow anyone access to your computer. Password protect your computer or phone. If you have a teenage boy and he gets access to your computer he could interact with another teenage girl without making physical contact and you could find the police at your door. Never surrender your computer without a search warrant. If contacted, call us for a free consultation before answering any questions by law enforcement. Call Peter D. Aiken, 941 366 3506 or visit sexstinglawyer.com

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“Click Here” to see more Child Pornography Blogs

Related Articles:

http://q13fox.com/2014/10/09/corrections-officer-and-navy-sailor-among-suspects-arrested-in-online-child-sex-sting/

http://www.firstcoastnews.com/story/news/crime/2014/10/09/underage-sex-sting-arrest/16983543/

http://www.wausaudailyherald.com/story/news/crime/2014/10/09/man-caught-child-sex-sting-serve-probation/16996469/

http://www.bellinghamherald.com/2014/10/09/3904043/whatcom-jail-guard-fired-after.html

http://www.wtsp.com/story/news/investigations/2014/10/03/changes-to-sex-stings-after-10-investigates-reports/16666641/

 

Pinellas Sheriff admits it was wrong to use the military in 2014 Sex Sting

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Pinellas Sheriff admits it was wrong to use the military in Sex Sting
For the first time, the Pinellas Sheriff has admitted on television that it was improper for his office to use military investigators in sex stings. The action I filed in Pinellas Circuit Court apparently has done some good in that OSI agent Glidewell was not included in the latest sting run just last week. Also, the latest sting in the Clearwater area produced dismal results in terms of arrests. It cost the taxpayers about $8000 for each man arrested in this Internet sex sting. Many times the sex sting arrest will include a civil forfeiture which helps fund their cause. Grady Judd meanwhile ran another “prostitution” sting attempting to crack down on the world’s oldest profession.
If we legalized prostitution, like many of the other counties, and one of our States you just might see a reduction in sex crimes. The way to reduce crime is to make less things a criminal offense, particularly when it comes to victimless crime. Think about it. When alcohol was made illegal, the net result was the birth of organized crime in America. When the government cracked down on marijuana, it created the Mexican Cartels. In the latest crackdown on pills, no one contemplated the explosion in the heroin industry. Education and treatment is the answer in many situations. Here in Sarasota, in the last few weeks there has been an increase in drug arrests for cocaine, heroin and meth. The same money spent trying to eradicate drugs could be better spent on prevention and treatment.
It will be interesting to see how the vote goes on medical marijuana in Florida. Huge money is being spent on both sides. At least that is one less ad we have to watch that does not involve the race for Governor. The same money spent trying to eradicate drugs could be better spent on prevention and treatment. As a Sex Sting Lawyer,I believe the police should focus on the real problems in our society. Then again, that is why I will never be involved in politics.
If a loved one falls victim to a Sex Sting, call 941 366 3506 for a free consultation

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Clearwater Sheriff at it Again in Sex Stings

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Clearwater Sheriff at it Again in Sex Stings

Here we go again with yet another sex sting called Operation Cyber Justice October 1, 2014. This Sex Sting involving about thirty officers and costing $80,000 netted only ten arrests. The same thing happened in the latest North Port sting. The police claim that the dismal results are because they are driving the sex predators off of the Internet. The simple fact is that the entrapment techniques used in the past are simply not working any more. From day one, the Internet stings have for the most part caught men who had no intention or previous disposition to search for or engage in sex with a minor. The police in the latest stings have changed their approach and targeted sites like Badoo.com and Meetme.com. They post a profile as an adult and then rely on the program to contact other adults. When a match is made by Badoo.com indicating another consenting adult is nearby¸ contact is made. It is then they do the basic bait and switch with a comment like “Gosh, I am sorry, I am only 15”. They then try and engage the suspect chat with enticing seduction innuendo. Some gullible men fall for this ploy. The net result is men get talked into traveling to meet a minor or sexting and sending inappropriate pics to the minor. The best way to avoid getting arrested is to not try to hook up on the Internet. If anyone even hints they are underage, terminate all contact and flag or report it to the Internet dating service. Never chat with a minor

There is a hearing coming up on the 31st of October regarding the last sting run in Pinellas County. In that sting the police used a military OSI investigator by the name of William Glidewell as the chatter. It is a violation of Federal law to use the military in purely State investigations. The interesting issue is whether or not the police officers who approved his participation also committed a felony. I have now represented men in approximately twenty sting across Florida and find the police conduct shocking. The public really needs to understand what the I chatters and co-operating law enforcement agencies are doing. When they spend $80,000, there is great pressure to make an arrest to justify the cost and the police really push the envelope to entrap men. I am involved in one case where the man refused to fall for the trick and even blocked the undercover chatter. Even though he did not travel, they arrested him anyway for simply talking dirty. We now have “thought police” hell bent on making arrests where crimes are not even committed. Eventually, the public will realize what is happening. In the meantime I encourage me to stay off the dating sites entirely. If you are on an Internet dating site, chances are, you are talking with a cop.

If you have questions you can visit my other blog at sexstinglawyer.com or call 941 366 3506

The Cops are the Real Internet Sex Predators

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The Cops are the Real Internet Sex Predators Operation Cyber Justice October1, 2014
The police are now really pushing the envelope when it comes to entrapment in Pinellas, Hillsborough, Manatee and Sarasota County. It has gone way beyond the police simply putting up seductive profiles on Craigslist Casual Encounters and waiting for a reply. In a recent case I handled in Pinellas I learned that the police are using sites like Badoo.com and Meetme.com to let computers do the matching. If you are on Badoo.com with your profile, simply looking for another adult, chances are you may be matched with an undercover cop by simply putting up an innocent profile. The police are now letting the dating sites do the matching before they do their bait and switch.
The police are constantly running Internet sex stings on the west coast of Florida in towns like Bradenton, Sarasota and Clearwater. It is an easy way to generate arrest statistics and publicity. This is particularly true in the Summer season when arrests are down and they need to bump up their statistics. The best way to meet women is the old fashioned way where you walk up and introduce yourself. The Internet is a dangerous place. You do not even have to be on a computer. If you have an Iphone, you are in danger of being matched with and undercover cop. Once you respond you can expect to hear or see something like, “Sorry, I am really only 14 and was just curious about this site”. The police may even invite you to travel to meet them and make it sound really tempting. Even if you do not travel they may charge you for simply chatting or texting. The police may put up ads on Backpage.com pretending to be prostitutes. If you respond they will then try and bait you saying “I am really only 15”. The cops may pretend to be a “pimp” and try and tempt you with things like she is really good.
The best way to not get charged with a sex crime in Bradenton or Sarasota is to not commit the crime. They are even more intense in operations in Volusia and Brevard counties snaring innocent victims trying to get a date on adult dating sites. No matter how tempting the ad or conversation may be, hang up, disconnect and flag the ad with the provider. If someone is on the Internet and claims to be a minor, report them to the police. Do not even think about having sex with someone underage, much less fantasize about it in texts or chats on the Internet. The “Thought Police” are watching.
If someone suggests sending pictures of a minor, do not do it. If someone who purports to be underage, asks you for a “pic”, do not send it. AS A SEX CRIMES ATTORNEY, I have now been involved in about twenty of the recent Internet Sex Stings and can tell you from experience, the police are becoming more creative and aggressive in their entrapment techniques. If you see words like “taboo”, go no further. Do not even go on sites like Adam4adam.com or Motherless.com.
If you are contacted be absolutely sure about the age of the person on the other end. The number one lie on the Internet is about age. The number two lie on the Internet is about gender. Always thoroughly check out the identity of the person on the other end before any date. If the person is even remotely underage or even close, go no further. Call me, Peter D. Aiken in my office at 941 366 3506.

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