Another Child Porn Sting in Polk County

Attorney Peter D Aiken State and Federal Child Pornography Defense Attorney 941-366-3506
Attorney Peter D Aiken
State and Federal
Child Pornography Defense Attorney
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

CLICK HERE to Visit our Website THESEXOFFENDERDEFENDER.COM

Se habla espanol, llame 941-366-3506, o mande un correo electronico aolawc@gmail.com.

Related Articles:

First-grade teacher arrested in undercover child pornography sting, deputies say:
http://www.wftv.com/news/local/first-grade-teacher-arrested-in-undercover-child-pornography-sting-deputies-say/400491779

1st-grade Polk teacher among 9 arrested in child pornography sting:
http://www.theledger.com/article/20160713/NEWS/160719762

First-grade teacher, Disney workers arrested in child pornography sting:
http://www.clickorlando.com/news/first-grade-teacher-disney-workers-arrested-in-child-pornography-sting

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Suicide is Not the Way Out

Attorney Peter D Aiken State and Federal Child Pornography Defense Attorney 941-366-3506
Attorney Peter D Aiken
State and Federal
Child Pornography Defense Attorney
941-366-3506

CLICK HERE TO VIEW ATTORNEY PETER AIKEN’S CREDENTIALS

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
941-366-3506

Se habla espanol, llame 941-366-3506, o mande un correo electronico aolawc@gmail.com.

Related Articles:

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

ALL CORRESPONDENCE IS CONFIDENTIAL:

Older Men and Younger Girls, a Recipe for Disaster

Attorney Peter D. Aiken Sex Crimes Defense 941-366-3506
Attorney Peter D. Aiken
Sex Crimes Defense
941-366-3506

CLICK HERE TO VIEW THE QUALIFICATIONS OF CRIMINAL DEFENSE ATTORNEY PETER D AIKEN, EXPERIENCED SEX CRIMES DEFENSE

The law in Florida is a little complicated when it comes to understanding how old a girl (woman) must be to lawfully engage in consensual sex.

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

 CLICK HERE TO VISIT OUR SEX CRIME DEFENSE WEBSITE: THESEXOFFENDERDEFENDER.COM

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Another Arrest for Child Porn in Sarasota

Attorney Peter D Aiken State and Federal Child Pornography Defense Attorney 941-366-3506
Attorney Peter D Aiken
State and Federal
Child Pornography Defense Attorney
941-366-3506

CLICK HERE TO VIEW ATTORNEY PETER D AIKEN’S CREDENTIALS

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

Huge Child Pornography Seizure ….Millions of Illegal Images

Attorney Peter D Aiken State and Federal Child Pornography Defense Attorney 941-366-3506
Attorney Peter D Aiken
State and Federal
Child Pornography Defense Attorney
941-366-3506

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

All Correspondence is Confidential

Child Pornography….Prosecution or Persecution?

941-366-3506
941-366-3506

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.

If you have a relative under investigation or charged with child pornography and want to talk Call 941 366 3506 for a free and confidential consultation

2016 Child Pornography Prosecutions in Sarasota

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All written requests go directly to attorney Peter D Aiken’s email which is personal and confidential

Over the last few years there has been a shift in philosophy in how prosecutions for kiddie porn are filed and prosecuted in both Sarasota and Manatee County. The State Attorney’s office has taken their zero tolerance policy even further and now seeks to imprison defendants for what amounts to life sentences for simply viewing a picture or video. The prosecutors are manipulating the sentencing guidelines in an attempt to become judges themselves when it comes to sentencing. This is done by manipulating the Florida Sentencing Guidelines filing dozens of charges arising out of a simple possession situation.
In all of the recent cases, the State has charged twenty or more second degree felonies, running the guidelines through the roof, in almost every case. By manipulating the number of charges, and the statute they charge under, they can, and do, restrict the ability of the Court to impose a fair and just sentence. The law with respect to child pornography allows the State to enhance the penalty if a person possesses ten or more images and at least one of those images shows sexual battery of a child. The penalty goes from five years to fifteen years with this enhancement. The State has interpreted this to mean that for every ten images they can charge another second degree felony. This is an issue that ultimately will be decided by the Second District Court of Appeal. By manipulating the child porn guidelines they have upped the stakes and restricted the ability of the judges to be fair. In Sarasota, do not expect fairness from the State Attorney’s office when it comes to child porn cases.
People are now being sentenced to horrendous sentences that in my opinion constitute cruel and unusual punishment, in violation of the eighth amendment of the United States Constitution. You get more time for simply looking at a picture or video than you do for actually committing a real sex crime. The laws with respect to the enhancements do not take into account the fact that with a single stoke of a key, dozens, even hundreds of images can end up on a computer. Modern technology means that a person can end up with hundreds and thousands of images in just seconds. There can be images on a computer that the person does not even know are there. The Windows program can also duplicate the images in different places in the hard drive making it appear there are more images.
As a sex crime and child pornography lawyer I have been fighting and will continue to fight the unfair policies here in Sarasota and Manatee. Other Counties in Florida are more reasonable and impose fair sentences but here things are different. What the prosecutors do not understand is that looking a pictures does not mean that the person will go on to molest anyone. It is in effect, a thought crime. It makes no sense that a person gets more time for looking at a video than committing a violent crime. Curiosity killed the cat and when it comes to pornography, child pornography, it can put you in prison for life. The bail bonds are also set high, in many cases higher than crimes involving violence. These cases are difficult and expensive to defend, but not impossible.

If you have questions or want to speak with an attorney experienced in child pornography defense , call me, attorney Peter D. Aiken at 941 366 3506

Click Here to visit our Sex Offender Defender website

Juvenile Charged with Child Pornography

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A high school student in Ponderosa was charged with child pornography after a school security officer started an investigation after hearing about a video circulating in the high school showing two students engaged in sex. The kids, age 15, were secretly videoed having sex by a third student. The young woman claims she was unaware of the video being made. Child pornography charges can end up in a prosecution that can result in a young person being labeled a sex offender, for life.
Kids just do not realize how incredibly dangerous it is, in this the age of cellphones, to take compromising video footage. Young girls can be charged with transmitting kiddie porn by taking videos of themselves and sending it to their boyfriends .As a sex crime lawyer I see situations where minors simply do not appreciate the consequences of what they do. Even worse are the situations where college students are seen with a drunk passed out coed in what is typically referred to as a “gang bang” situation. In those cases actual rape charges are often filed. Taking a video not only provides evidence, but it is a crime. Young female students need to become acutely aware of the consequences of allowing themselves to be photographed and cautioned to never send any footage of “naked” pics to anyone. Even if a girl is technically an adult, sexy pics sent to a then “boyfriend” can come back to haunt them later in life.
At our criminal defense firm we often defend juveniles. Nothing is worse than seeing some stupid mistake jeopardize the kid’s entire future. Sexual promiscuity on college campuses here in Ft. Myers is rampant and sometimes young students have second thoughts afterwards and claim “rape”. They claim that the sex was nonconsensual or that they were drunk or drugged. It is true that there are some instances where sexual battery charges are justified, but often, the claim of nonconsensual sex weeks or months later is simply false. False allegations happen all the time and most of the time, the police buy into the girl’s version without really investigating the facts. As a parent, nothing is worse than seeing your son being arrested on false allegations by some young coed. Sex crimes are mostly one on one, “he said, she said” situations.  Getting into a case early and having a top notch investigator round up the evidence before it is lost is critical. If your son or daughter is under investigation, contact us immediately. Do not let them make a statement. Do not let them meet with the cops. Confession may be good for the soul, but they put your body in jail. If you need help with a sticky situation, contact us for a strictly confidential consultation. Even if you do not hire us, what you say will never be repeated or disclosed. In Ft Myers, you can call us and schedule an appointment at 239 334 8890 or in Sarasota, call 941 366 3506

Child Pornography a Law Enforcement Top Priority in Sarasota

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In Sarasota and Bradenton, the latest law enforcement “push” is in detecting and prosecuting people who receive, view, download or transmit child pornography images with peer to peer sharing programs like Ares. For over a year now I have seen an increase in investigations culminating in search warrants for homes and businesses targeting predominantly men who have downloaded illegal images of children engaged in various sexual acts. I know of many cases where men find themselves accidently downloading child pornography while looking at adult porn. The adult porn is often mislabeled “intentionally” to trick people into inadvertently infecting their computers will prohibited material, usually child porn videos.
Law enforcement now has the capability to “hack” into your computer even if you have not authorized “sharing” in a peer to peer program.

All images have a hash value and the hash values to most kiddie porn images are known to ICAC, the FBI and the local Sheriff’s detectives. You may have kiddie porn on your computer even if you think you have deleted an image accidently downloaded or viewed. I cannot stress how important it is to not violate the law, even accidently. The State Attorney here is Sarasota has a zero tolerance for child pornography and hammers anyone caught looking at this stuff. The best way to not get arrested is to simply not violate the law. Curiosity killed the cat and curiosity when it comes to child porn will land you in State prison. In a perfect world, the goal of law enforcement is to detect and prosecute crime, not create it. We do not live in a perfect world and sadly there are some law enforcement officers that entrap men and trick them into doing things they never intended to do. We see that all the time in Internet Sex Stings. The police are now running child pornography sex stings, engaging people in chat and then luring them into receiving or worse yet, sending illegal images.
The best way to avoid being arrested is to simply not commit a crime. Some people do not realize it is illegal to simply view a child pornography video or pic.

They think by viewing and then deleting the image, no crime has been committed.

They are wrong. “Delete” does not mean the image is not still in your computer in “cache” or hidden from your view or access by some windows program. Do not allow curiosity to get the best of you. Simply do not do it.
If you are contacted by law enforcement, never voluntarily surrender your computer.

A family or household member may have used your computer without your knowledge. A son, brother, father or uncle may have looked at something illegal without your knowledge and the police may think it is you that did it. Never submit to a police questioning without talking to an experienced child pornography lawyer.

The police are masters at getting admissions and confessions.

Remember, a fish would not have gotten caught if he hadn’t opened his mouth. You have a right to an attorney. Call one immediately and invoke all your constitutional rights.
If a family member or friend has been arrested, his or her access to an attorney at the jail is limited. In the County jail all they provide is a phone book and most of the really good child pornography lawyers no longer even advertise in the yellow pages.

If you need help and want someone to visit a relative in jail on a child pornography charge or Internet sex sting case you can call 941 366 3506 for a free consultation

CALL 941-366-3506

“CLICK HERE” to SEND A CONFIDENTIAL REQUEST TO BE CONTACTED

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