In a World Without Computers

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If you are placed on Sex Offender Probation you cannot have access to the Internet or other computer services. How can you live in this world without accessing the Internet or a computer? The probation department considers almost all modern cell phones as computer devices. How can you pay your bills? How can you do your banking? Can your wife have a computer in the house? Even most government agencies such as Social Security are going entirely paperless. Can your wife have a computer in the house?. Imaging not being able to use Google Maps or Google Earth. Imagine trying to drive or find a business without the Internet.
The reality is that if your are convicted of a Sex Crime in Sarasota or some sex offense in Bradenton and you are placed on probation, the conditions are so strict that day to day chores become impossible.
If you have been arrested for sexual battery or lewd and lascivious conduct or child pornography a conviction can bring your regular life to an end. Probation is better than jail but the key is to avoid a conviction. As a Sarasota sex crime attorney and a former prosecutor and former agent I can assure you that before pleading guilty you really need to look at the alternatives. As an experience criminal lawyer you have to realize that no two sex cases are the same. If the charge is sex with a minor you face an uphill battle and you need someone defending you that has years of courtroom experience. Can your wife have a computer in the house?
If you want to know about sex crime defense, visit my sex defense website where I explain the various defenses and sex charges. Visit sarasotadefender.com or you can call my criminal defense law firm in Sarasota for a free consultation. 941 366 3506
I have been defending sex offenses for over thirty years. I will give you an honest opinion.

The Oldest Profession is now a “2015 Target Crime”

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It is hard to believe that in these modern times in a liberal society that prostitution is still illegal. In many of the countries it is legal and tolerated. Women have been selling sex since the cave man days and will until the end of time. As a criminal lawyer I find it comical that the cops are still wasting manpower and resources arresting people for solicitation of prostitution, engaging in underage prostitution and Internet solicitation. God know they don’t have enough to do enforcing real laws dealing with violent crime. Our laws are out of touch with reality. The police waste hours haunting the massage parlors and stress relief clinics. What is the big deal if two consenting adults want to engage in sex? It makes no sense. If a guy picks up a girl at “Jack Dusty’s”, buys her to a two hundred dollar dinner and then gets lucky it is no crime. He does however run the risk that she is a psycho that will stalk him, extort him and otherwise ruin his reputation. On the other hand, if he simply takes luck out of it and pays a professional call girl two hundred dollars, he gets professional attention and confidentiality. In some respects, I can see where there is more honesty in the relationship with the call girl.
Extortion is alive and well in Sarasota. There are some women that will intentionally hook up with a married man only to shake him down for big bucks later. There are some women that use the old gimmick telling a one night stand that they are pregnant simply to shake them down for money. We need to eliminate some of our laws. The way to reduce crime is to make less things a crime.
If you get arrested for solicitation, lewd and lascivious conduct, improper exhibition or some other sex crime and want to talk to a sex crime lawyer, call for a free consultation. I am not here to judge you, I am here to defend you. Good people do get arrested now and then.

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Child Pornography Investigations in Sarasota and Bradenton 2015

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Child Pornography Investigations in Sarasota and Bradenton
As the Internet sex sting prosecutions from 2014 work their way through the Courts in Bradenton and Sarasota, word is that law enforcement in Manatee and Sarasota is going to focus on investigating and prosecuting those who possess child pornography or transmit kiddie porn. My prediction is that you can expect the Sarasota Sheriff’s office to combine the sex sting concept with child porn prosecution. You can expect undercover officers on the Internet interacting with people in “social media” sites to mention or even solicit people to send them photos or pics of teenagers engaged in sexually explicit situations. In the past sex sting operations, it was common practice for the undercover “chatters” to ask for a pic and common practice for unsuspecting men to send the typical penis pic. This allowed the State to charge the additional offense of transmitting obscene material to a person they believed to be a child.
It is my prediction that instead of running the costly stings involving dozens of officer and the use of a “house” and arrest team, you will see more subtle investigations where undercover chatters enter chat rooms and other sites where people discuss or exchange child porn. They are also going to step up the analysis of “tips” from Google. Did you know that Google regularly sends reports to ICAC in Polk County about images that have been identified by hash values as child porn? The bottom line is that the best way to avoid getting arrested is to not commit a crime. Even if you accidentally receive an illegal image, you could find yourself prosecuted. Stay away from the peer to peer sharing sites and never allow anyone access to your computer library. Never possess anything even remotely illegal. If you find yourself becoming “addicted” to viewing certain types of questionable porn seek help from a psychologist or psychiatrist that specializes in sex addiction. This stuff can creep up on you. Even viewing images or young teenage girls can get you arrested and prosecuted.
If you are contacted by any investigator that seeks access to your computer, talk to a criminal defense lawyer that handle child pornography cases immediately. Never voluntarily surrender your computer. Demand to see a search warrant and never, no never consent to an interview. If the police come to your house and you are not under arrest, they do not have to advise you of your rights. Do not make some stupid admission. Do not get talked into admitting you visited any site. Call a lawyer immediately. Not all lawyers handle these types of State and Federal cases. You need a defense attorney that knows how to defend child pornography cases. If contacted, call me, Peter D Aiken, for a free consultation. You cannot talk your way out of trouble and never allow yourself to be “interviewed” in the absence of an attorney.
Call 941 366 3506 for a free consultation……Know your rights

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Many Agencies in 2015 Now Working Sex Crimes

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Many Agencies in 2015 Now Working Sex Crimes
The Feds are becoming more and more involved in the prosecution of sex offenses. In the past, most sex crime offenses were prosecuted by State prosecutors in the State Court system.  If you get arrested for a sex crime like soliciting a minor, traveling to meet a minor or sexting with a minor you can expect to be prosecuted in Circuit Court. Having said that however, if you are under investigation for possession of child pornography, transmission of child pornography or manufacturing kiddie porn the Feds will come after you and you will end up in Federal Court. There is no doubt about it, you do not want to be in Federal Court. The Federal court has extreme minimum mandatory sentences on some Federal sex offenses, in some cases 10 years and up.
As a former Federal Agent and former Federal Prosecutor and thirty year veteran criminal defense attorney I am all too familiar with the harsh Federal Sentencing Guidelines. Sometimes, when the State really wants to load up on you they will send your case over to the Feds to get the benefit of the tough judges and the terrible penalties. Did you know you can go to Federal Prison for simply looking at a child in a sexually suggestive pose? Did you know that possession of an electronic image of two fourteen year old girls having sex can land you in Federal prison? You don’t have to actually do anything, just possess it.
Most people are not aware of how harsh and terrible the law is when it comes to child pornography. If the FBI ever comes and asks for your computer, just say no. Unless law enforcement has a search warrant, never surrender your computer, your laptop, your cell phone or tablet. As a Sex Sting Lawyer and experienced criminal defense lawyer I have handled cases where cops would not have had a case had the person simply asserted his or her constitutional rights and refused to talk or surrender a computer.
If you have questions about your rights or are under investigation or have been arrested on a sex charge, call Peter D Aiken today for a free consultation 941 366 3506

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It is 2015 If you have ever asked “Are You A Cop?” and did they say “No”

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Is it OK for Cops to Lie? Did you say: Are you a Cop?
Incredibly, many people believe that if you ask an undercover cop “you are not a cop are you”, the undercover officer has to tell the truth. Nothing could be further from the truth.  As a Sarasota criminal defense lawyer I have talked to hundreds of clients who actually believe that a police officer if directly questioned as to whether or not he is an officer, has to tell the truth. That would totally defeat the purpose of the police going undercover and posing as drug dealers or drug purchasers. That is like asking a spy if he is a spy.
I have no idea why so many people believe this total fiction. Imagine if an undercover officer was making a buy for crack cocaine in the hood. Imagine the seller walks up to the car and says “are you an undercover cop”. Do you think for a minute the deal would go down if the officer told him the truth. I don’t know where people got the idea that the cops have to tell the truth. Deception is part of the job of an undercover cop. Their job is to look like a dealer or user. I have even heard of them smoking pot with someone if it allows them to penetrate an operation. Cops even fake taking pain pills to make a deal
In the real world, the cops do some pretty questionable stuff in the name if justice.
Do they lie? Absolutely. Do they pretend to be something they are not? Absolutely.
Do they have to tell you that they are a cop? Absolutely not.
The only time they have to tell the truth is in the Courtroom under oath or on their sworn police reports. Even there, sometime, to get a conviction, some of them still lie, even under oath. You read all the time about convictions being set aside when they find out cops have lied or fabricated evidence. As a drug crime lawyer handling cases in Bradenton and Sarasota it happens every day. What then is the truth?

If you have been arrested for possession of marijuana, possession of cocaine or worse yet selling cocaine or selling pot to an undercover cop, you need to talk to an experienced criminal defense attorney. You may have entrapment as a defense. What is entrapment?

As an experienced sex crimes lawyer, I see the same tactics used by ICAC in sex sting operations all over the United States. The subject says: ” You sound like a cop…are you a cop?”  The cop replies: “No why, it hurts that you even say that, don’t you like me?” Do you think for a minute the deal would go down if the officer told him the truth. You have the right to remain silent. If you are under investigation or under arrest exercise that right and call me, Peter D. Aiken for a free consultation.  941 366 3506

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Nationwide Sex Sting Arrests Super Bowl Week 2015

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Nationwide Sex Sting Arrests Super Bowl Week February 2015
All across the country, police departments arrested men (johns) as a result of an Internet sex sting in the days before Super Bowl. Sixty four percent of the men had responded to undercover police ads on Backpage.com and seven percent on Craigslist casual encounters. There were 570 arrests and in some of the cases, arrests were made for kidnapping, drug trafficking and possession of firearms. The police claim that they are sending a “strong message” to the men who use the services of prostitutes. The simple fact is that prostitution has and will be around for all of time. The answer is to legalize prostitution in America. America learned nothing from “prohibition”. Making something illegal does not stop the activity. It only increases it. It is all about money or the need for money. In this latest sex sting, 570 men were arrested and fined $341,330 in fines. Two hundred and twenty one cars were seized for forfeiture.
In Bradenton recently, the Sheriff’s office added a twist to the way they do the stings. The Sheriff placed an ad on Backpage.com offering Asian massage with a picture of an attractive Korean woman.There was no use of the computer and the only conversations were on a land line phone. They then put an undercover female on the phone who described what she would wear and do. This is absolute classic entrapment. In Manatee County, they took it to a new low and charged the man with soliciting a minor when it was in fact the police that were offering sex. There was no use of the computer and the only conversations were on a land line phone.
More Internet Sex Stings coming in Florida
You can count on the Central Florida ICAC task force to jump on the bandwagon and be all over Backpage.com offering sex. There are more police on the Internet soliciting sex than there are women offering sex. The best way to not get arrested is to not commit the crime. Never under any circumstances communicate with anyone on the Internet if they even remotely hint they are underage. If you see a text or email that says “I will be 15 soon”, terminate all contact and flag the ad. Everyone wants to keep kids from being lured, seduced or enticed. The other side of this is the police should not be on the Internet trying to lure, seduce and entice men into doing something they would not be inclined to do. As a sex sting lawyer, I have now been involved in thirty one Internet sex sting cases and it is appalling seeing the way the police have handled these cases. There is no oversight and the State Attorney’s office generally backs the cops and goes forward, no matter what the police have done. Noah Pransky has done his part in exposing this type of entrapment and questionable police tactic.
Hooking up and doing time
If you try and hook up on the Internet and money is offered or demanded, chances are, you are not going to get laid, you are going to jail. Do not give in to temptation. It is not worth getting arrested. If you are reading this blog too late, call Peter D Aiken today for a free consultation at 941 366 3506 or www.sarasotadefender.com

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Can a 2015 Traveling to Meet a Minor Case be won at Trial?

 

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Winning a Traveler Case 2015
There is no question but that these internet sex sting cases are very tough in front of a jury. That does not mean that cyber child sex sting cases are impossible. Every case where the allegations involve solicitation of a minor or seduction of a minor invoke negative emotions in jurors. It is for that very reason that jury selection is one of the most important phases of the trial. Over the years, as a Sarasota criminal defense attorney that I have devoted so much attention to the jury selection process. Last year, I tried several child sex crime cases in Sarasota and Bradenton where the nature of the offense involved minors. When the jurors were first read the sex sting charge by the judge you could see the reaction in their faces and body language. It is critical to overcome the negativity early in the sex sting trial process.
The jury needs to understand that being falsely accused of Internet solicitation of a minor is just as bad as solicitation of a minor. Being falsely accused is a terrible thing and the jury needs to be made aware of that fact. The prosecutors count on the fact that the jurors will be prejudiced against you. You have to overcome that prejudice early in the voir dire process.
You also have to have a solid theory of sex sting and sex crimes defense. It is not enough to simply deny the offense and put the State to their burden of proof beyond a reasonable doubt. If you intend to use entrapment, you better be able to establish it. You need to establish that law enforcement induced you into doing something you would not normally do. The issue ultimately becomes predisposition. Were you predisposed to engage in sex with a minor or was this an idea that was created in the mind of the undercover officer? You need to examine carefully the emails and chat exchanges. Were you in a site like Craigslist Casual Encounters that is designated as an adult site? Did the police lie about their age? Did the undercover chatter disclose age in the first few communications? Did the chatter bring up the idea of sex? Did the police chatter tell you about other sexual contacts she had? Did you break off communication? Did the police reinitiate contact with a text? Did the police say something like “are you mad at me”? The ultimate issue is “Who is doing the real seducing”?
Every case is fact specific and no two cases are the same. I have been involved in approximately twenty of these cases in the last two years and there is a pattern to what the cops are doing on the Internet. They are the ones actually pursuing a hookup. They are the ones inviting travel. They are the ones pushing a meeting.
Not all attorneys are experienced in these types of cases and it is critical to know how to effectively attack the police witnesses on the issue of entrapment. If you or a loved one have a Internet sex sting case you can call for a free consultation. As a Sarasota sex crime lawyer, I have devoted a substantial portion of my practice to defending these cases Statewide. If you or a loved one has been arrested or are in an upcoming internet sex sting trial and have questions, please call me, Peter D Aiken at 941 366 3506 or

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