How much time will I do on a Florida prison sentence?

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

How much time will I do on a Florida prison sentence?

Right now, that is difficult to predict.  It depends on what the underlying offense is.  Is there a minimum mandatory sentence?  Are you eligible for gain time?

The law is about to change?  Florida Senate Bill 394 is working its way through the Senate.  If passed, it will change the amount of time served from 85% or a sentence to 65% and for many prisoners,  and that can make a huge difference in thousands of sentences.  If they make it retroactive, it will make thousands  eligible for immediate release.  The Senate is going over the language of the bill and no one yet knows what will get passed, if anything, much less whether this Governor will sign it.

Contact your Florida Senator and ask him to pass this bill.  For first time non violent offenders prison sentences increase recidivism.  Long prison sentences should only be for people who are a danger to society.

For Example, here in Sarasota, the State attorney, in child pornography cases always files 40 second degree felony charges and intentionally runs up the Florida Sentencing guidelines, making people score for decades in prison.  In Sarasota and Manatee County, on a child pornography charge, you can get more prison time than on many violent contact crime felonies.  Did you know that with one click of a mouse a person can download dozens of pictures or videos which our State Attorney files as individual separate “Counts”.  The State does this on purpose here in Sarasota and Bradenton to force the judges to impose horrible sentences.  On a forty count charge the penalty can be six hundred years.  This is crazy. This is absolute guideline manipulation and is a practice that needs to stop.  It is crazy that here in Sarasota, that you will get more time for looking at a picture than committing a real contact crime.

The State Attorney mistakenly believes that people who look at pictures go on to molest kids.  That is absolutely not true but he and some of his assistants believe it.  The truth is that many people who look at child pornography do so because they were themselves sexually molested as kids.  Sadly, here in Sarasota, the judges so far have not taken any steps to curb this abuse.

As a Sarasota sex crime lawyer, I have tried to educate some of the prosecutors and help them understand a little more about why people look at child porn.  Their hands are tied by those at the top and even if they disagree, they always file forty counts and seek life in prison on men for just looking at pictures.  Things really need to change here in Sarasota.  In the meantime, as a child pornography lawyer I will keep fighting the fight not only to win the case but to convince the judges to impose fair sentences, and not life in prison. 

Sexting and Child Pornography

Aiken O’Halloran and Foley
Experienced Child Pornography Criminal Defense
Sarasota 941-366-3506

There has been an explosion of prosecutions when it comes to child pornography. Is this a result of a generation of teenagers to whom “sexting” has become the norm. As far back as nine years ago, research indicated that 19% of teenagers were involved in sexting, that is sending sexually vivid and suggestive naked pics and videos. Those teenagers are now young adults and those same young adults are now being prosecuted and becoming lifelong registered sex offenders.
I have been handling child pornography cases for decades. The child porn defendant generally can be divided into two categories. One the one hand, there are defendants that focus on pre pubescent images, and on the other hand those that view teenage developing girls. Most psychologists agree that it is normal for the adult male to be attracted to young developing females. Many girls, 14, 15 and 16 are physically sexually developed and viewing them and becoming aroused is “normal”. It may be normal but under out current laws, it is illegal. Did you know that 19% of teenagers admit to sending and receiving sexually explicit images? If you have a teenage son or a son in early adulthood, chances are he has received sexually explicit images from an underage girl. When teenagers break up, it is not unusual for the “rejected” party to post some of the sexually explicit images on social media. This is called “revenge sex”. It is not limited to kids. Adults now more and more are doing it after a relationship falls apart

Teenagers, with smart phones, can make videos of themselves engaged in sex. Under our current laws, that is child pornography and consent is not a defense. Two fifteen year olds can film themselves having sex. They will not be prosecuted, generally because they are both underage. However, making the video is a crime and down the road if that video is discovered, it technically is child porn and a prosecution can result.
The laws treat child pornography incredibly harsh. Here is Sarasota County, the State Attorney takes an incredibly hard line and in most cases files forty second degree felonies where possible. That runs up the sentencing guidelines to twenty five years in State prison. A person will generally do more time for looking at pictures than actually having sex with a minor. Only a tiny percent of people who view child pornography go on to commit actual sex crimes. If a son or family member has been arrested for child pornography, they are probably sitting in jail on a super high bond. If you want to discuss the options, call for a free consultation

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Call Peter D Aiken 941-366-3506