Should I use the Public Defender in a Sex Case?

The Sex Offender Defender
Peter D Aiken
Experienced Sex Crime Defense
Sarasota 941-366-3506
Ft Myers 239-334-8890

APRIL 8 2017

If you or a relative have been charged with a sex crime, you are facing the battle of your life.

Here in Sarasota and in Bradenton, a child pornography charge can result in a life sentence.

The scorched earth policy of the State Attorney’s office is to file forty second degree felonies on anyone charged with kiddie porn. That runs the guideline sentence to twenty to thirty years. If you are charged with a contact crime, like a lewd and lascivious act on a minor, even a teenager, you face many times up to fifteen years in State prison. If you are charged with date rape, even in a situation where it was consensual, you face a long DOC sentence. Sex Crime cases are absolutely the toughest cases to defend and take to trial. Jurors start off prejudiced against you and most of the judges are former sex crime prosecutors. It is a long uphill battle and one you need to go into with an experienced sex crime lawyer.

It is one thing to use the Public Defender for a DUI or simple drug possession charge.

It is quite another to put your life in the hands of a court appointed lawyer when the stakes are life in prison. There is an old saying that you get what you pay for. Many public defenders are dedicated professionals who do their absolute best for every client. The problem is that most public defenders are overworked and underpaid. They on average carry hundreds of cases at a time where private lawyers my handle only a dozen or so at a time. In a sex crime case, investigation is the key. The police generally start off believing the accuser and set about to prove that what the “victim” says is true. They ignore and sometimes cover up inconsistencies in a victim’s statement.

Many of the sex crime police investigators are women and most of the sex crime prosecutors are women and in my experience are biased in how they look at the facts.

The simple fact is that many rape accusations are false.

Teenage girls make false accusations against step dads all the time. In child custody cases, false accusations are commonplace.

The Public Defender often does not have the investigative resources go out and get to the bottom of the case.

I have been defending sex crimes all of my professional life (forty years). There is no substitute for experience. A public defender is only appointed after you are charged. Many times that is too late. If you are under investigation and have been accused but not yet charged, that is when you really need a good lawyer. Many times, I have been able to develop facts that result in charges not being filed.
You need a lawyer before you are charged. It may keep you from being arrested and publicly humiliated.

If the police or a detective has contacted you and wants a statement, call me before you do anything.

The initial consultation is free and confidential.

CLICK “HERE” to visit our Florida Sex Crime Defense Website

World’s Oldest Profession under Attack by Grady Judd

Experienced Sex Crime Defense Attorneys
Peter D Aiken : Sarasota 941-366-3506
Sean O’Halloran : Ft Myers 239-334-8890
Andrew Banyai : Punta Gorda 941-639-6009

There were over one hundred arrests in the latest Polk Sex Sting

Grady Judd was again on television bragging about the 100 arrests in the latest prostitution sex in Polk County. Fifty women and fifty one men were arrested in the latest sting. Undercover officers targeted women offering sex on the Internet and set up meetings and arrests. The sheriff also targeted the men arresting 51 guys who responded to ads put up by the Sheriff’s deputies. The Sheriff and his undercover “Hoes” placed ads on and other adult sites suggesting and offering sex. The Sheriff views this operation as a tremendous success. I disagree….It is a waste of precious police resources
Prostitution has been around throughout all of human history. Going back even further, if you believe in evolution, (and I am sure Grady Judd does not), it has been shown that even female chimpanzees traded sex for fruit from male suiters. As long as there are women, and as long as there are men, sex will be offered in exchange for something of value. In the more civilized and pragmatic Countries it is legal and regulated. There would not be the illegal human trafficking or sex involving minors if prostitution was legal. Requiring heath certificates and testing would reduce aids transmission.

Once again, prevention not prosecution is the answer.

In my opinion, prostitution should be legal, and regulated. In Nevada, society has not collapsed with legalized prostitution. The way to reduce the crime rate is to make less things a crime, not run stings embarrassing consenting men and women.

Why should it be illegal for an adult consenting woman (or man) to engage in consensual sex with another consenting adult for money? If a man takes a woman on a fancy date, spends a fortune on dinner and drinks and then they have sex, it is ok. If the man (and the woman) simply want to skip the formalities and get straight to sex, and he gives her the money, what is the big deal? Think about it. If prostitution was legal, it would put the human traffickers out of business.

If pot had been legalized fifty years ago, there would be no Cartels.

Arrests like this make great press and are good publicity but in the long run do nothing. God knows how many police were “busy” while this sting was running. How many packages were stolen off people’s doorsteps while the sting was running? How many cars were broken into? How many homes were burglarized? It is all a matter of priorities and in my opinion, Polk County is not safer as a result of this operation. Hoe! Hoe! Hoe! Let’s hear it for Grady Judd and his undercover Hoes. And good night to you all


Can You Get a Fair Trial is a Child Sex Case?

The Sex Offender Defender Peter D Aiken Experienced Sex Crime Defense Sarasota 941-366-3506 Ft Myers 239-334-8890
The Sex Offender Defender
Peter D Aiken
Experienced Sex Crime Defense
Sarasota 941-366-3506
Ft Myers 239-334-8890

Click Here To View Peter D Aiken’s Credentials

It is really hard to get a fair trial and a just verdict if you have been involved in an offense where you are alleged to have had sex with a minor. I have tried quite a few of these in the last few years. Public opinion has been shaped by television shows like “Special Victims Unit”. In the cases I have tried recently, in the jury selection process, almost half of the potential jurors have been excused for “cause” because of bias or prejudice or personal experience being a victim themselves. It is shocking to find out how many potential victims were molested themselves as children. In almost all of the cases it was by a family member. Getting a favorable verdict also depends a lot on the age of the alleged victim. Many teenage girls accuse men of sexual abuse. It is common for stepdaughter or daughters of a man’s girlfriend to make a false accusation. One way to get a man out of their mother’s life is to falsely accuse him of an improper touching or groping, or in some instances, sexual intercourse.

The judges, in my opinion, in a lot of cases are really biased. Most of the judges in the criminal courts are former prosecutors who, as prosecutors, tried child sex cases. It is a stacked deck if you are dealing with a judge who was a sex crime prosecutor and his or her past experience has made them prejudiced against anyone charged with a sex offense involving a child. Some judges can put their past experiences behind them, and some cannot. The judge can make a huge difference in the outcome of a case. They can let into “evidence” what they call “child hearsay”. That means that if the child told the mother, a relative, or someone else about the alleged molestation, what they said to someone else about their experience, can come into evidence. This allows the prosecutor to get the evidence in through the words of an adult and not just the child. It gives the evidence greater credibility.
Jurors may also be extremely prejudiced and simply not disclose it during the jury selection process. You can end up with a juror on the jury that was molested as a child and has simply hid it from the Court. Many times, you have no option but to try the case. Sex with a child under twelve carries mandatory life without parole. You can end up with the same sentence you would get for murder. It is actually easier to try a murder case than a child sex abuse case.

I handle a lot of sex crime cases. The same is true in child pornography cases. Once the jury learns of the content of a kiddie porn video, they are impacted greatly. Jurors simply cannot understand why anyone would want to see a six year old being molested. Sex crime defense involving children is always an uphill battle but it is a battle that simply has to be fought.
Some lawyers are judgmental and simply refuse to take these cases. I have learned that there are almost always, two sides to any story. Everyone deserves their day in court. Everyone deserves a vigorous defense and to have their rights protected. If you or a loved one has been accused of a sex offense and want to talk…Call 941 366 3506

Click Here Send A Confidential Request For Contact Directly to Peter D. Aiken

Click Here To Visit Our Sex Crime Criminal Defense Website offices Aiken O’Halloran and Banyai