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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Hot Spot on the Hot Seat

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Hot Spot on the Hot Seat in 2015
As Internet child pornography arrests increase in 2015, the danger of being falsely accused of child pornography increases. Did you know that your Internet Service provider, or even your cable TV provider can put you at risk? Some Internet providers like Comcast can make the modem in your house a public “hot spot” that enables neighbors and people on the street to access child porn and make it appear that the child porn site is being accessed from your address.
When law enforcement receives information that a child pornography image with a known hash value has been transmitted to or from a particular IP address, they can obtain a search warrant which results in the search of your home and possibly an arrest. This puts innocent citizens at risk of being falsely accused or possession of illegal images. There is a major push towards more and more child pornography arrests in 2015. Here in Sarasota, law enforcement has made it a high priority and the State Attorney’s office has promised vigorous prosecution for crimes related to child pornography.
Are they going to create cases in Florida and entrap people with child porn sex stings? My prediction is that the resources that were doing the horrible Internet sex stings will now be directed to child pornography sex stings. My prediction is that undercover officers on adult sites will now be engaging in chat and texting with the goal being getting someone to send videos or images of underage kids engaged in sexual conduct. As a sex sting lawyer and child pornography defense lawyer, I have been following the trend now for some months.
Deleting a video or an image does not remove it from your computer. Some people think simply hitting the delete button will remove something that has accidentally been downloaded. This simply is not true. Even the programs that claim they can remove or erase content are not really effective. Reformatting the hard drive is the only solution. If something accidentally or unintentionally ends up on your computer take steps immediately to correct the situation. Never, no never send or receive images of children engaged in sex. Curiosity killed the cat and curiosity can land you in State or Federal prison. Never allow anyone with a peer to peer sharing program to access your computer. The best way to avoid an arrest is to not commit the crime. Do not let curiosity get the best of you. As a criminal defense attorney and Child pornography sting lawyer, I am very familiar with ‘what happens next’ when accused of possession or transmitting child porn images. If you or a loved one is under investigation in Sarasota, Manatee, Pinellas, Hillsborough, Osceola, Orange, Polk, Palm Beach, Pasco, Marion or Lee counties with possession of Child Pornography or have been arrested for transmission of child pornography or If you have any questions, feel free to call, Attorney Peter D Aiken, for a free consultation at 941 366 3506

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