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 a registered sex offender. The real problem is becoming a registered sex offender. 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.
You only get good plea deals when you have an attorney that knows how to raise good defenses and negotiate with the prosecutors. 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 dozens of 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. 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 visit Sarasotaderdefender.com

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With “Child Porn” Deleted Doesn’t Mean It is Gone

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 Deleted Doesn’t Mean It is Gone

We live in a country where you can be sentenced to prison for simply looking at a picture.  Most people have no idea how much trouble you can get in for simply looking at an image on a computer.  Child pornography prosecutions each year put hundreds of men in prison for simply looking at images of under aged teenagers engaging in sexually explicit conduct.  For example, if a seventeen year old girl sends a sexually explicit photograph of herself to her nineteen year old boyfriend, he can go to jail for simply having it on his cellphone.  As a Florida sex crime lawyer, I once had a case where a teenage boy, with the same name as his dad, was looking at sexually explicit pictures of teenage girls, his own age, on the family computer.  The dad was immediately targeted by the FBI and a search warrant was executed taking the family computer.  Although the boy had “deleted” the images, they were still there without the dad’s knowledge.

If you think you have deleted and image, you are wrong.  It is still lurking in your computer somewhere, most of the time in “unallocated space”.  You may be in possession of child pornography unintentionally.  You may have received something you do not want and never intended to get but simply don’t know how to get rid of it.  You may have been downloading adult porn and accidently have seen or downloaded kiddie porn.  Once it gets in your computer, you have a real dilemma.  If you take it to a computer tech to have it removed, they may and will report you to the police.  If you buy one of the commercial products to “erase” it, it may not work.  You may have downloaded something and never opened it and may not even know it is on your computer.

On possible solution is to reformat your hard drive totally wiping out everything on your hard drive, including the operating system.  Another but costly solution is to destroy your hard drive.

Throwing away your computer or cellphone is not the answer.  As a Sarasota Child Pornography Attorney,I have seen cases where a cellphone is found, after being lost, and found to contain child porn, usually messages that constitute texting. As a Fort Myers Child Porn Lawyer, I once saw a case where a computer was thrown into a canal.  The FBI recovered it and the hard drive still contained the images. As a Florida State and Federal Child Porn Defense Lawyer, I have been defending child porn cases for over twenty years.  I have seen the penalties increase 500% in the last ten years with horrible minimum mandatory Federal Sentences.  There are defenses to these cases and having a criminal lawyer that is savvy and understands technology can make a difference.  Never voluntarily surrender your computer to any law enforcement officer.  Demand to see a search warrant and never, no never, make a statement or consent to an interview.  If contacted by the cops, call  941 366 3506 24/7 or send me a confidential email to peterdaiken@gmail.com with contact information and view (by clicking) the “ABOUT” at the top of this page to see my 40 years experience and credentials. All Replies below are strictly confidential and never public.

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

Related information from the FDLE Website:

Possessing, distributing, transmitting and manufacturing child pornography are all illegal in the State of Florida and are third degree felonies covered under Florida Statutes 847.0135, 847.0138 and 827.071.

 “Child pornography” means any image depicting a minor engaged in sexual conduct.
Florida Statute 847.001(3)

“Minor” means any person under the age of 18 years.
Florida Statute 847.001(8)

“Sexual conduct” means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. A mother’s breastfeeding of her baby does not under any circumstance constitute “sexual conduct.”
Florida Statute 847.001 (16)

Related Video : http://www.winknews.com/Local-Florida/2014-01-28/Feds-investigate-Fort-Myers-man-in-child-pornography-case

Related article : http://www.winknews.com/Local-Florida/2014-01-28/Feds-investigate-Fort-Myers-man-in-child-pornography-case