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. 

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