If your house has been searched, your computer seized or you have been contacted by law enforcement, call Attorney Peter D Aiken
State and Federal Child Pornography Defense Attorney immediately before you get arrested, charged or taken away.
Peter Aiken, a sex crime lawyer, has thirty years trial experience in defending State and Federal cases throughout Florida. As a former Federal Agent and Federal Prosecutor and veteran criminal defense lawyer he has aggressively defended kiddie porn cases for years.
Federal Child Pornography charges are serious will land you in Federal prison. The State has zero tolerance for child porn and aggressively prosecutes even minor offenses. Defending Child pornography prosecutions requires knowledge and experience of computers, the Internet, peer to peer programs, applications and an understanding of how the State investigates and prosecutes these types of sex crimes.
Not all criminal defense lawyers understand child pornography defense
You may have a good defense:
Were you entrapped?
Was your computer taken illegally?
Were you advised of your rights?
Can they prove it was you on the computer?
Did they trick you into a confession?
Is the search warrant valid?
Do you share your computer with others?
Was you Wi Fi illegally accessed by others?
The Federal Sentencing Guidelines and Federal Laws are horrible when it comes to child sex crimes. State prosecutors regularly run up the State sentencing guidelines by charging multiple offenses. The law is complicated and a successful defense requires experience, determination and aggressive action.
Call 941 366 3506 and talk with Peter Aiken about your case
Speak now with a real sex crime lawyer and not some referral service!
If you follow the arrest reports here in Sarasota, you will see that almost once a week someone here gets arrested for some type of sex offense.
Sex crimes are not limited to the underprivileged, the ghetto or the uneducated.
Many of the people charged with possession of child pornography are well educated and articulate. In my opinion, viewing child pornography is a form of illness. The State attorney here in Sarasota has taken a scorched earth position when it comes to child pornography. The simple fact is that with the click of a mouse, a person can download hundreds of pornographic images of minors. The State Attorney here charges one second degree felony for each image. They intentionally run up the sentencing guidelines and the maximum penalties where men arrested for child porn face on average three centuries in prison and a minimum of thirty years in the Department of corrections.
This is just wrong.
Many of the men who look at this stuff were victims themselves in their childhood. Many have looked at it out of curiosity. The prosecutors have the misconception that if someone looks at child pornography, they go on to molest children. Every statistic demonstrates that this belief is simply untrue. True or not, the prosecutors have been convinced, and actually believe it, and go at these cases with a zealot type approach. The punishments being handed out are disproportionate to the crime. You can get more State prison time for simply looking at a picture than actually soliciting a minor on the Internet or traveling to meet a minor for sex. You will get more time for looking at a picture than in some cases manslaughter. You can cause a death and get less time than for looking at a picture.
As a sex crime lawyer handling cases all over the west coast of Florida I have been fighting and trying to convince the judges that the system is being manipulated and the guidelines artificially inflated to get long sentences.
In some cases there are legal defenses. Judge Riva was recently affirmed by the Second District Court of Appeal where she suppressed a confession. There has to be a limit on what the police are permitted to do. That is what makes us a free society. We live in times where many feel the police are not there to protect and serve but there to unfairly enforce the law. Thank God we still have juries and the presumption of innocence, although in sex cases, everyone is presumed guilty by the public. If you have questions or comments, call 941 366 3506
Just yesterday another child pornography sex sting was announced in Polk County.
There were nine arrests with one more to come soon. This was the latest operation called operation “Child Shield 3”. It is the culmination of a month long operation that included search warrants. One of the men was a grade school teacher and others work in the Disney area. As a Florida Child Pornography sting lawyer I track most of the arrests throughout Florida. I have handled kiddie porn cases for over thirty years. Not all criminal defense lawyers really understand how to defend these types of cases. There are technical defenses that can be raised. One of the issues soon to be litigated is the manner in which the police come into your computer without your consent.
If a person is using a file sharing program, the police can tap into that person’s computer without their knowledge. Even if the person disables the “sharing” function, every time the computer is cut back on, it defaults to sharing. The police have a program that constantly knocks for access on the computer. When the computer boots up, the file sharing program defaults to “sharing”, and the police program accesses the files in the suspect’s computer. The police then identify the IP address and get a search warrant. When they come in with the warrant, they have another program that can instantly identify child porn on any storage device.
The police still have to prove who was sitting at the computer. They will try and bully the suspect into confessing. Absent a confession, it could be anybody who had access to the suspect computer. The penalties for child pornography are as Trump would say “HUGE”.
If a loved one has been arrested for possession or transmission of child pornography and you want to talk to a criminal defense lawyer who understands the technology and the defenses, Call 941 366 3506 for a free confidential consultation
Se habla espanol, llame 941-366-3506, o mande un correo electronico firstname.lastname@example.org.
First-grade teacher arrested in undercover child pornography sting, deputies say:
1st-grade Polk teacher among 9 arrested in child pornography sting:
First-grade teacher, Disney workers arrested in child pornography sting:
As a criminal defense lawyer, over the years, I have seen people facing prison give up hope and kill themselves. Many years ago, in Ft. Lauderdale, a young man facing prison shot himself with a .22 pistol and bled out talking to 911. Listening to that call was horrific. I know of a situation in Ft. Myers where a man, jointly charged with his wife, took his own life in the mistaken belief he could take all of the blame and save his wife with a confession to the crime. Recently, I know of another person who hung himself just before court. All of the suicides were acts of desperation. People facing decades in prison are desperate. Never give up hope.
When it comes to sex crimes, some of the prosecutor’s offices have a scorched earth policy and seek maximum penalties on all sex crimes. They simply do not understand the statistics when it comes to some of the offenses. Child pornography is a good example. The prosecutors believe that if someone looks at pictures or videos, they will go on to have sex with a minor. That is simply not true. In reality, only a small fraction of people who view kiddie porn go on to act on it. Look at all the people doing basically life sentences on drug trafficking charges. Does the punishment really fit the crime? We have more people in prison in America than any other County in the world. We need to take a long close look at our laws and find alternatives to long prison sentences. Those types of sentences should be reserved for only those offenders who truly are a danger to the public. Putting a man in prison for thirty years for simply looking at pictures is barbaric. The judges need to be educated and the prosecutors need to get a better grip on reality and not pander to the public. Maybe a good start would be making the prosecutor’s office a non elected position. As a criminal defense lawyer, I see the injustices all the time. Things need to change
If you or a love one has been arrested for possession of child pornography,do not give up on them and do not give up hope. Call Attorney Peter D Aiken for a free consultation. Get answers
Se habla espanol, llame 941-366-3506, o mande un correo electronico email@example.com.
Part of it depends on how old the people engaging in sex are. If a man or a woman (a person) engages in sex with another person whether or not it is the crime of sexual battery is determined by ages. Generally, the age of consent in Florida is 18. However people sixteen and seventeen years old can engage in sex as long as the other party is not over 23. In other words, if a man 24 years or older engages in sex with a seventeen year old, he commits sexual battery.
It does not matter if the seventeen year old has lied about her age or is promiscuous.
If you are over 23 and the girl is under 18 you are in deep trouble.
This creates great danger for men and if there is any remote doubt about age, walk away. What if a seventeen year old girl has a false ID and is in a bar drinking. If you are over 23, as crazy as it may sound, even if she shows you a false ID claiming to be 19, and you hookup, it is a crime. If you are under 24 and she is 16 or 17, it is not a crime. The law is incredibly confusing for young men and women and a simple mistake can land you in prison and make you a registered sex offender, unless you qualify under the Romeo and Juliette law.
Under the law, 14 and 15 year old girls (jail bait) are incapable of giving legal consent and they are strictly off limits. Many times the police, conducting an interview will trick the person being questioned into thinking that if the 14 or 15 year old consented it is ok. If you are under investigation for any sex crime, particularly sexual battery, you absolutely should talk to a lawyer before saying anything to a detective or deputy. Your ignorance of the law may have gotten you into trouble. Do not let your ignorance of your constitutional rights bury you. There is nothing wrong with “lawyering up” and if you are under investigation for a sex crime, you should.
I have been defending men (and women) for over thirty years. Sadly, many teenage girls falsely accuse stepfathers, the mother’s new boyfriend and other relatives and have an agenda of their own. I have found that many of these accusations are simply false. Also, sadly, here in Sarasota the prosecutors have a tendency to always believe the accuser. They simply do not understand how a false accusation can destroy a life and a reputation.
If you have a son, brother, father or loved one under arrest or under investigation and want to discuss options call 941 366 3506 for a free consultation
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Another man was arrested over the weekend for possession of child pornography here in Sarasota.
More and more men are being arrested as a result of a new “spider” crawling the Internet looking for known images of child pornography being transmitted. When Google or some other provider identifies an IP address as having received or sent an illegal kiddie porn image, the police now have a program that will come into your computer without your knowledge and download items in your computer. This is true if you use certain file sharing programs. What people do not know is that even if you have the “sharing” disabled, every time you turn your computer on, it defaults to “file sharing”. The police have an application that is basically constantly “knocking” at your computers door.
The second you turn your computer on, the program defaults to “sharing” and the police begin downloading items from your computer.
The best way to not get arrested is to not commit a crime.
Do not download or view child pornography, even out of curiosity.
The penalties are incredibly harsh.
As a sex crime defense lawyer, I was shocked to learn that the police could come into your computer uninvited and without your knowledge. There is a genuine issue as to whether or not this is an illegal warrantless search. Their position is that if you use a file sharing program, you have consented. This issue will ultimately be resolved in the Courts. I have suspected for years that images may be transmitted by law enforcement. Child pornography cases are tough to defend and a good lawyer has to be on his or her game to stay current with law enforcement techniques.
If a loved one has been arrested for possession or transmission of child pornography and you would like to talk to an experienced child pornography defense attorney, feel free to call 941 366 3506 for a confidential free consultation. I can also visit your loved one in jail. Keep in mind, anything you say on a jail phone is being recorded. Never discuss the facts of a case over the phone with anyone in custody. They are listening and recording every word
It is difficult to profile a person who gets involved with child pornography.
Viewers of child pornography come from all walks of life. Many of those involved tend to be white males between the ages of 26 and 40. Those involved include judges, doctors, professors, business leaders, academics, rock stars, soldiers and police officers. Most are heavy Internet users. There is a misconception that people who view child pornography go on to sexually abuse children. The statistics simply do not support this belief and in fact contradict it. People who view child pornography are not necessarily pedophiles. Less than ten percent, and according to some studies, as little as three percent are involved in abusing children. There are three basic categories of users.
Some people are simply browsers who out of curiosity view occasionally kiddie porn images, not saving the images or networking with others. Browsers often do not employ security strategies to avoid detection.In my experience as a child pornography lawyer, these are the ones that get caught the most often. As is often said, curiosity killed the cat.
Some people are what I call private fantasizers who view child porn to satisfy private fantasies. They generally do not network nor employ security to prevent detection. A person more deeply involved is the non-secure collector. They get the child porn in non secure chat rooms and are involved in networking. These offenders often get arrested because of interaction with other offenders and lack of security precautions. Further up the ladder is the “secure collector” that is heavily involved in collecting and gathering huge numbers of images categorized by types. The collection for them becomes an obsession.
Some people actually become “groomers”, physical abusers and producers of child pornography.
Unfortunately, in Florida, particularly here in Sarasota, law enforcement makes no distinction between the levels of offenders and treats all of them the same seeking long prison sentences. People are different and that is where the Florida Sentencing Guidelines fail to take into account the differences. As a sex crime defense lawyer, my job is to help the Court and the State attorney recognize the difference between those that deserve harsh punishment and others far down the ladder in terms of seriousness who need psychological treatment and counseling.
Sometimes, the issue is not guilt or innocence but rather “what is the appropriate punishment”. That is where having an experienced child pornography lawyer can make a huge difference. I have handled child pornography cases in both the Federal Courts and various Circuit Courts throughout Florida.
In Louisiana State troopers arrested three men, seized numerous computers and storage devices which contained over one million illicit images.
Needless to say, these men are facing decades in prison.
As a Sarasota criminal defense lawyer, and a State and Federal Child Pornography defense attorney, I have seen a trend in child porn prosecutions. Here in Sarasota, the State is running up the sentencing guideline computation by filing dozens of second degree felony charges in kiddie porn cases. It is a third degree felony to possess an illegal child porn image or video. In almost every child porn case, the search warrant results in the seizure of hundreds of images. That is because now, in the age of the Internet, with a single click of a mouse, dozens if not hundreds of images can be downloaded instantly. The State can charge hundreds of individual counts as third degree felonies. This runs the guidelines for sentencing through the roof. Even worse, the State can file a second degree felony for each image if the person arrested possesses more than ten images and one of the ten involves a child engaged in sex (sexual battery). This can jack the guidelines even higher by scoring each individual image as a second degree felony, rather than a third. This results in sentencing guideline manipulation. This results in sentencing guideline manipulation
Child Pornography cases are tough.
The public opinion and bias makes trying them to a jury problematic. You have to find technical defenses such as search and seizure issues or other ways to win. Tough does not mean impossible. For over thirty years I have been taking on tough cases. If it was easy, every lawyer would do it.
If a loved one has been charged with possession of child pornography or charged with transmission of child pornography or need a second opinion and you want to discuss options call 941 366 3506 for a free consultation
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Everyone agrees that children should not be subjected to sexual abuse. It does irreparable damage to them for life. Everyone agrees that filming sexual acts with children should be punished. Almost everyone agrees that distributing kiddie porn should be punished.
How about the guy who simply out of curiosity simply views it?
Should he go to jail for 20 years for simply watching a video?
As a sex crime lawyer, I have been handling child pornography cases now for over thirty years. Every client and every situation is different. Every single case involves a man who has a different background, a different history and an underlying reason he may have viewed the prohibited material. Viewing child pornography is hard for the average citizen to understand.
Why did my husband do that?
How could my son have gone so wrong?
What is wrong with him?
I hear that all the time.
Most of the people who view child pornography in my opinion have a treatable illness. Jailing them for twenty years solves nothing. The problem is that most prosecutors and most of the public are unsympathetic.
Here in Sarasota County and in Bradenton there is a zero tolerance for child porn. There is a policy now in effect in an attempt to manipulate the sentencing guidelines and get sentences imposing prison for decades. In almost every child pornography case I have handled, the State files dozens of charges to run up the sentencing guidelines. They do this in an attempt to compel the judges to impose the sentence the prosecutor wants and to limit the discretion of the judge.
The prosecutors here in Sarasota want to control sentencing, a function normally that of the Court.
I strongly believe that each individual person should be judged and sentenced on the merits of their case, not just a blind policy of persecution. It is an election year for both the prosecutor and judges. Being tough on crime gets votes. Having a heart, having compassion and being fair is viewed by some as weakness. There is a reason people look at this stuff. It is hard to understand. There is a misconception that people who look at pictures go on to become pedophiles. That simply is not born out by the statistics. Only a tiny fraction of child pornography offenders act out. I strongly believe that these people need counseling and help, not state prison. Destroying a life for simply looking at a video or picture makes no sense.