Aiken O’Halloran and Banyai Experienced Criminal Defense Attorneys

Sean C. O'Halloran Experienced State and Federal Criminal Defense Attorney Main Office: Ft Myers, Florida  239-334-8890
Sean C. O’Halloran
Experienced State and Federal Criminal Defense Attorney
Main Office: Ft Myers, Florida

My name is Sean C. O’Halloran, I am a partner and trial attorney with the law firm of Aiken, O’Halloran and Banyai.

I have lived in Fort Myers since 1973. I graduated high school from Bishop Verot in 1992 and received my undergraduate degree from Florida State University. I graduated from law school in 1999 and was admitted to the Florida Bar in April of 2000.

After being admitted to the Bar, I worked at the State Attorney’s Office prosecuting misdemeanor and felony cases for three (3) years.
I handled misdemeanor cases in Charlotte County, including misdemeanor DUI’s, domestic violence batteries, petit thefts, driver’s license offenses and fish and game violations. I tried dozens of cases in Charlotte County and eventually took over the juvenile prosecutor’s position before moving to take on felony matters in Fort Myers.

As a felony prosecutor in Fort Myers, I tried dozens of cases including multiple murder trials, firearm related offenses, drug violations, robberies, and aggravated battery allegations.

After gaining trial experience from the State Attorney’s Office, my partner and I established the law firm of Aiken, O’Halloran & Associates early in 2004.

Our law firm today, Aiken, O’Halloran and Banyai in Ft Myers, Punta Gorda and Sarasota Florida represents people charged with all types of State and Federal criminal offenses. We are trial attorneys with the experience to defend people arrested in Collier, Lee, Charlotte, Desoto, Sarasota and Manatee Counties with (3) convenient offices.

Ft. Myers – Lee County
2257 Cleveland Avenue
Fort Myers, FL 33901
Phone: 239-334-8890
Fax: 239-334-2847

Punta Gorda – Charlotte County
214 Wood Street
Punta Gorda, FL 33950
Phone: 941-639-6009
Fax: 941-366-3568

Sarasota – Sarasota and Manatee Counties
2060 Ringling Blvd
Sarasota, FL 34237
Phone: 941-366-3506
Fax: 941-366-3568

In addition to our trial experience, our office focuses on thoroughly investigating your cases in an effort to defend you. Regularly, we use and investigator to take statements on our client’s behalf, question witnesses involved in an arrest and collect evidence to support appropriate defenses. Often this results in our office having an opportunity to present our client’s defenses to a Prosecutor prior to a filing decision being made by the State Attorney’s Office. In this way, we are able to resolve many cases without charges being filed, or negotiate a resolution to a reduced charge for a more reasonable sentence.
I encourage you to compare my qualifications and experience with any other criminal defense attorney in my geographic area. Don’t be fooled by attorneys who tell you what you want to hear.

Bar Admissions
• Florida, 2000
• U.S. District Court Middle District of Florida, 2005
• Florida Coastal School of Law, Jacksonville, Florida
o J.D.
• Florida State University, Tallahassee, FL
o B.A. – 1996
o Major: Communication Management
o Major: Business Management
Professional Associations and Memberships
• Florida Association Criminal Defense Lawyers, Member, 2006 – 2008
Past Employment Positions
• State Atty. Office, Lee County, Assistant State Attorney, 2000 – 2002
• State Atty. Office, Charlotte County, Assistant State Attorney, 2002 – 2003

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Suspected Internet Sex Sting in Ft Myers or Cape Coral

OFFICES: SARASOTA 941-366-3506 FT MYERS 239-334-8890 PUNTA GORDA 941-639-6009

There has been no official announcement but every indication is that there has been a recent Internet Sex Sting in Lee County.

Many times the police delay announcing arrests to keep the sex sting operation a secret.

Recently, in Bradenton, they held all the people arrested in one cell unit and denied them an opportunity to use a telephone to call relatives or a lawyer. That may be what is happening in Lee County. The stings are getting more sophisticated and the police no longer rely on ads posted on or Craigslist. That may be what is happening in Lee County. The stings are getting more sophisticated and the police no longer rely on ads posted on or Craigslist For example, if you have a profile on and you are looking for an adult female between 18 and 24, you may get a hit or a response from an undercover detective. When you return the contact, if it is police sting operation, the responder may say something like “I hope you are not mad at me, I am really only 14”. The police will then go on the try and talk you into traveling to meet them with suggestive comments hinting at sex. The best way to not get arrested is to not commit a crime.  As an Experienced Sex Crime Law Firm with attorneys that have years of experience,
Here are a few important rules to follow:

Never chat with a minor on the Internet, about anything.

Never, no never, travel to meet a minor, even out of curiosity.

Never, no never, send a sexually explicit pic to a minor.

Demand proof of age for any consensual sexual encounter.

You can believe nothing when it comes to the Internet

If a son, brother, father or friend or relative has been arrested….Do not give up hope. We may be able to get the bail bond reduced or more importantly keep your loved one from becoming a registered sex offender for life.
If you made a bad decision, do not make another one by talking to the police. Call us first or let us talk to your loved one in the jail.

Click the Links Below or call the Number Shown or visit the Criminal Defense office nearest you:

Ft Myers Lehigh Cape Coral Pine Island Sanibel Naples 239-334-8890 Sean O’Halloran office: 2257 Cleveland Ave Ft Myers Fl 33901

Punta Gorda Port Charlotte North Port Placida Boca Grand Desoto 941-639-6009 Andrew Banyai office: 214 Wood Street Punta Gorda Fl 33950

Sarasota Manatee Palmetto St Pete Clearwater Venice Englewood 941-366-3506 Peter Aiken office: 2060 Ringling Blvd Sarasota, Fl 34237


Ft Myers Online Child Sex Sting June 21st 2016

Should I sell my AR-15?

Attorney Peter D Aiken Ft. Myers 239-334-8890
Attorney Peter D Aiken
Ft. Myers 239-334-8890

Did you know that the AR-15 is the number one selling rifle in the United States?

Every time there a mass shooting the rumor of regulation or banning AR-15s fuels a run up in the market price of this gun. My prediction is that ultimately, assault rifles are going to be regulated. They will not ban them, but there may well be registration and regulation in the form a tax like the present one on silencers and machine guns. It is hard to make an argument that the average family needs an assault rifle for home protection. For home protection, all you need is a good old fashioned pump shotgun, like a Remington 870. I have seen prices skyrocket and plunge on assault rifles depending on which way the political winds are blowing.

As a Ft. Myers criminal defense lawyer, over the years I have handled all types of firearms violations. Silencers are an instrument of death. Silencers are an instrument of death. I have heard Federal judges say this handing out ten year sentences. I have seen Federal Courts hand out stiff sentences for machine guns. If the Government can regulate silencers and machine guns, it is only a matter of time until you get similar regulation of assault weapons. There really is no hunting application for an AR-15. Do you really need an assault rifle to shoot a defenseless deer or wild pig? My prediction is that regulation and registration is coming, and coming soon.

Personally, I would rather see more focus on dealing with the deranged and mentally ill. Most of the mass shooting have been committed by young white males, not Islamic terrorists. The Sandy Hook shooter had his mother buy the guns for him. Things are tough in America. Guns are everywhere. The problem with having gun free zones is that when some crazy person gets inside, no one can defend themselves. Imagine how things may have been different at the “Pulse” if a few of the patrons or at least the security people had been armed. We need to strike a balance in this country between reasonable regulation and outright banning of guns. Too many people are dying each day in our society and there has to be some compromise on this issue.

If you have a firearms charge or have been charged with a crime involving a gun and you need and experienced criminal defense lawyer call 239 334 8890 for a confidential consultation.

Sex Sting Running in Ft. Myers June 2016?

OFFICES: SARASOTA 941-366-3506 FT MYERS 239-334-8890 PUNTA GORDA 941-639-6009

It has been about two months since the Sex Sting in Sarasota and generally these things come in threes.

If you live in Ft. Myers (Lee County) and you are an adult looking to hook up with another consenting adult, under no circumstances be tempted by anyone pretending to be underage.

It is against the law to engage in sex with a minor.
It is against the law to send obscene pics (dick pics) to a minor.
The best way to not get arrested is to not commit a crime.

The undercover police detectives often troll the Internet posing as adults. When men respond they will often then pretend to be an underage girl (or boy) saying something like “I am only 14, is that a problem”. Many men out of pure curiosity will continue to chat never intending to hook up. If you even chat with a minor, you put yourself at great risk. Many of the men arrested in the various sex stings never were not even remotely looking for a child. Most men end up getting entrapped by detectives who are good at convincing men to do something they never intended to do. It is always better to be safe than sorry.

There are no real 14 year old girls or boys out there on Craigslist Casual Encounters, or any of the other social media sites looking for someone to “teach” them anything.

As a sex sting lawyer, I have seen the chats is over fifty cases. In all of them the police start off pretending to be an adult. Never once have I seen them post as a minor. The police are also using the phone applications that match up people. You may get a “wink” from someone in response to one of your posts and then later learn that the person is supposed to be a minor.
Isn’t it a shame that the police are not trolling the Internet for terrorists, ISIS sympathizers or some other whacko that is a real danger to the public? Terrorist shoot back and it is much easier to create a crime than prevent one.
The best way not to need a sex crime lawyer is to not fall for police entrapment techniques.

Never chat with a minor.
Never text with a minor.
Never under any circumstances travel to meet a minor oruse the Internet to solicit a minor for sex.

If you have a bad feeling about something walk away. Over and over I meet clients who in the chats say something like “are you sure you are not a cop”. It is incredible how many people believe the police have to truthfully answer that question. Duh….Why do you think they call them undercover cops? If a relative or friend gets busted and arrested for an Internet sex crime and you want to talk to a defense lawyer who has handled over thirty of these cases feel free to call for a free confidential consultation at 941 366 3506 in Sarasota (available 24/7) or 239 334 8890 in Lee

We are NOT here to judge you…We are here to DEFEND you

Probation Violations on the Rise in Ft. Myers

Sean C. O'Halloran 239-334-8890
Sean C. O’Halloran

More and more people are having to deal with being arrested for minor technical probation violations.

In theory, probation should be a step towards rehabilitation. It should be used as a second chance in criminal cases, a chance for people to avoid jail and get their life back on track. This is particularly true when people have a drug problem and their arrest was for possession of marijuana, possession of cocaine or possession of meth. Many people develop an addiction and then because of that addiction end up being arrested for some other crime, a crime that only fueled the addiction.
If you are on probation and are still using, you put yourself at great risk.

If you were lucky enough to get pre-trial diversion in your case, and still continue to smoke weed or use drugs, chances are you are going to end up getting violated. As a former prosecutor, I can tell you that many times probation is just a trap. Prosecutors, often, if they have a weak case, will offer probation just to “move the case”. They will particularly do this if they think you have a high chance of reoffending. Unfortunately, some probation officers are just looking for some reason to violate you and will jump on any opportunity to put you in jail. The fact is that probation officers are underpaid and overworked and try and find any way to reduce their caseload.
Our Ft. Myers criminal law office has defended numerous probation violation hearings. The State has to prove that the violation is both substantial and willful. If we get involved before you are rearrested we can often get the situation worked out before a warrant is issued. If you or a loved one have been arrested on a violation, it is critical that you get a good lawyer before your hearing. There are alternative to going to County Jail or State prison. We may be able to get you reinstated or get you placed on drug offender probation or house arrest instead of jail.

If a husband, wife, son or daughter has been arrested for a probation violation call us today and we can look into the case and give you a heads up on your alternatives.

Do not wait until the day before the violation hearing. Call Sean C. O’Halloran an experienced Florida probation violations attorney at 239 334 8890 for a free consultation.

Your Cell Phone is tracking you!

OFFICES: SARASOTA 941-366-3506 FT MYERS 239-334-8890 PUNTA GORDA 941-639-6009


Are you on probation?

Do you have a restraining order or a no contact order against you?

Are you under orders not to leave the County?

Is a condition of you bail bond that you not leave the County?

Are you under investigation for a sex crime or cyber stalking?

If you answered yes to any of these, you must read this blog

If you have a smart phone, the State can track your every move. This is possible regardless of whether or not you have enabled the geo-location application. When you make a call or send a text, your signal bounces off several towers. This is true whether or not it is incoming or outgoing. Simply by making a call with a cell phone, a detective can tell exactly where you were. They can do the same thing with a text. If a condition of your probation is that you not leave the County, you cell phone may rat you out. Your cell phone can land you in jail.

Throwing the phone away does not help. This data is stored and preserved by the carrier.

I just went through an all day probation violation hearing in Sarasota. The state subpoenaed the carrier, in this case Verizon. They got back a report for each call and each text with the latitude and longitude of each tower that the signal bounced off of. By identifying the towers and their locations they were able to narrow down the location of the phone at the exact time each call was placed. Ultimately, they were able to establish where the call was placed from. By looking at the content of the texts, they were able to establish exactly who was making the call.

They can put you out of County or in a particular location at any given time.

If you have a restraining order preventing you from contacting a spouse or a girlfriend, not only can they prove when the call was made but they may be able to prove exactly where you were when you made it. They may be able to put you right outside the house or down the street.
Not all lawyers are created the same. Not all are technically savvy. Not all understand modern technology. A good criminal defense lawyer now has to be on top of his game when it comes to technical defenses. Times have changed and modern defenses have to keep up with the changing times. Sex sting cases are a prime example of the kind of case where highly technical issues can sometimes win.

If you are charged with a crime, a probation violation or a violation of some condition of bond, call 239 334 8890 in Ft Myers or 941 366 3506 in Sarasota
Click the Links Below or call the Number Shown for an Office Near You:

LEE: Ft Myers Lehigh Cape Coral Pine Island Sanibel Naples 239-334-8890.

LEE CHARLOTTE AND DESOTO: Punta Gorda Port Charlotte North Port Placida Boca Grand Arcadia 941-639-6009

SARASOTA MANATEE PINELLAS HILLSBOROUGH: Sarasota Manatee Palmetto St Pete Clearwater Tampa Venice Englewood 941-366-3506



“Those are not my drugs”


The police hear that all the time and never believe it. The problem is, some of the time it is really true. What happens if a bunch of teenagers are in a car and it get pulled over. The second the police lights come on, and the car is pulling over to stop, anyone who has drugs on their person immediately either tries to throw them out the window, swallow them or stash them somewhere in the car. When the police search the car and find some weed, some cocaine or some pills, generally, everyone get arrested, particularly the driver. The truth is, the drugs belonged to one person but several get charged. The same thing happens when the police execute a search warrant on a house, a dorm room or an apartment. Everyone goes to jail even though only one person actually had the drugs. This is what is known as constructive possession. These possession cases can be won by a good criminal defense attorney.
Here in Ft. Myers and Cape Coral, the police routinely arrest everyone in the car or house. Their theory is to let the Courts work it out and figure out who is guilty and who is not guilty. We handle drug possession cases all the time. Many times these cases can be dropped before they ever reach the Court system if a good lawyer gets involved. The prosecutors know the law and if the facts are presented correctly to them the case may get “declined” before it ever reaches a courtroom. Knowing the law, how to present it, how to argue it can make the difference in a case going forward or getting dropped. Getting a case dropped is no easy matter. Good investigation is the key. Was there a police car video? Did the police detain the driver or passengers too long? Was a drug dog involved? Was the car or house illegally searched? Where was everyone sitting or standing? Does one person have a previous arrest for drug possession? Is one of the people arrested an addict? Where were the pills or cocaine found? Did someone else put it there?
Do not count on the Public defender to get your case dropped. It may be weeks or months before the Public Defender even gets the police reports. You may sit in jail for weeks before even seeing a lawyer. Do you have a friend or relative in jail? Do you know how long they may sit before a lawyer even comes to see them? Privately retained lawyers, particularly the attorneys in our firm do not sit on cases. We make things happen. Some lawyers who set up long payment plans may be tempted to go slow until they get paid in full. At our Lee County criminal defense firm we try and bring things to a head as quickly and as professionally as possible. Call us at 239 334 8890 for a free consultation

Why is the Bond so High?


If a loved one is in jail you may have just been told by the Sheriff’s office that the bond is set at some ridiculous amount that you cannot possible post. What can you do?
Bail bond is supposed to be set simply to guarantee that the person that was arrested will show up for Court. Sadly, some of the judges and prosecutors use excessive bonds to punish people before they are convicted. For example, in Sarasota County and also in Lee County, some judges set clearly excessive bonds in simple misdemeanor cases. I have seen bonds as high as fifty thousand dollars on simple first degree misdemeanors. Some judges set these bonds in domestic violence battery cases to keep the men in jail. They do this after reading a one sided probable cause affidavit hearing only the wife’s side of things. This causes the men to sit in jail or post the high bond and spend a small fortune just to get out of jail. The judges know that you have to appeal the bond setting and know that in the meantime the poor defendant sits in jail.
This gives the wife a tremendous advantage. She has possession of the house, the cars, the bank accounts, the furniture and many of the defendant’s assets. This is not even remotely fair or just but it happens in Sarasota frequently. Bonds should not be used by judges to punish people prior to trial. Unless you have a good aggressive criminal defense lawyer in Sarasota, a man can sit for weeks waiting for some action in his case. These judges need to be appealed and the situation exposed. Setting ridiculous bonds in misdemeanor cases is an abuse of judicial discretion that needs to be corrected.
If a loved one is in jail on a high bond, you are entitled to a bond reduction hearing. We handle these types of hearings routinely and most of the time get the bail bonds reduced. For example if a judge sets a fifty thousand dollar bond, and you use a bondsman, you have to pay a nonrefundable bond premium (fee) of ten percent or five thousand dollars. That money could be better spent hiring a good experienced criminal defense lawyer. Some people spend all their money on bond, just to get out, and then have no money for a good lawyer. My partner Sean O’Halloran in Lee County is an ex prosecutor and knows the ropes when it comes to bond reduction hearings. There are alternatives to high monetary bonds. Pre- trial release Services may be a good option. An electronic monitor is a good option in real high bond situations. Reporting weekly to Pre-Trial services may be a good alternative.
If you have a loved one sitting in jail on a high bond contact us immediately for a free consultation. We may be able to help get him or her out and save you a bundle. We have offices in Ft. Myers, Punta Gorda and Sarasota and can be reached 24/7 at 239 334 8890. Don’t let a loved one sit in jail. We may be able to help.

Arrested on Spring Break in Ft Myers?


Aiken O’Halloran and Banyai Fort Myers Criminal Defense

Arrested on Spring Break ?
It happens every year. The college kids come here for a week or so looking for some fun on the beach. The simple fact is sometimes kids make mistakes and do something stupid. It may be as simple as drinking too much or getting a DUI or getting into a scuffle and charged with simple battery. Sadly sometimes it can be something serious like a drug charge or a felony that can change their life forever. If you are a parent and get the call you have dreaded that your son or daughter has been arrested, instead of being angry, you need to get them immediate legal help. Do not let your child start life with a criminal record. A silly childish mistake can make a huge difference in where they can go to college, where they can work and what they can do with the rest of their life.
Over the years, I have represented hundreds if not thousands of young men and women charged with all types of criminal offenses. A bar fight can result in an arrest for aggravated battery.  If they resist arrest sometimes the police charge them with battery on a law enforcement officer. If they are stoned or drugged out of their mind and are taken to the hospital and scuffle with a nurse or doctor, they can be charged with a felony for battery on a medical provider. If they buy synthetic marijuana, bath salts or some other illegal substance they can end up hospitalized or worse yet arrested. Arrests here in Ft Myers, Sarasota and Bradenton spike each year this time. How do you find a good lawyer for quality representation?
Hiring a good criminal lawyer should never be based on slick advertising. What you should look for is a history of good quality experience. Experience is a big deal in choosing a criminal lawyer. As a father, I have actual experience with kids of my own. I know how trying the teenage years can be and know the challenges involved in keeping kids on track to a productive life. Avoid the temptation to let them handle it on their own. Do not abandon them and force them to use the public defender. You may regret it later. Do not let them sit in jail to teach them a lesson. If the bond was set high, we may be able to get it reduced. The Sarasota police and the Sarasota Sheriff’s deputies often overcharge people and saddle them with a number of questionable charges. If your child gets charged with a sex offense like date rape, solicitation, sexting or a lewd act you must hire someone experienced in defending sex crimes. I have defended kids now for over thirty years. Call Now to Aiken O’Halloran and Banyai of Lee County Florida at 239 334 8890 for a free consultation.

Are the Police looking for you?


Has a law enforcement officer come by your house? Have the police left a card at your residence. Have you heard the police want to question or talk to you? A police visit can cause anxiety. This is particularly true if you have recently had a domestic violence issue with a spouse or girlfriend. If for some reason you suspect they are investigating a hit and run, and you are a potential suspect, you should contact a criminal defense lawyer immediately. Many people think they can talk themselves out of a problem and agree to be questioned by the police.

Generally, nothing good comes of trying to talk yourself out of a problem or an arrest.
As a practicing criminal lawyer for over thirty years, I assure you, keeping your mouth shut is in your best interest. So many times, in defending criminal cases in both Manatee and Sarasota, I find the most devastating evidence is an admission by my client. You have a right to remain silent. Exercise that right. You are under no obligation to talk to the police. If they advise you of your rights, “they read you your rights”, the only words out of your mouth should be “I want to talk to a lawyer”. That does not mean you are guilty, that only means you are smart.
When the police contact you and you are a suspect in a crime, they are trying to get some type of admission out of you. It may be an admission that you were driving. It may be an admission that you were in a car or at a particular residence or business, or that you are the person they are looking for. Admissions come back to haunt you later on in criminal cases. It costs nothing to call a lawyer like myself for advice. I don’t charge for free confidential consultations. “Keep your mouth shut” may be the best advice I have ever given anyone. This is particularly true if you are under investigation for a sex crime,child abuse, domestic battery or a white collar crime like fraud or embezzlement. Your admission may provide the missing link for their investigation. It may be exactly what they need to prosecute you.
There is nothing wrong with invoking the “Fifth Amendment”. Taking the “Fifth” may be the best thing for you. It is not an admission of guilt. It is a constitutional right. If in doubt and you want to get a second opinion, Call today in Sarasota and Manatee at 941 366 3506 or Lee and Charlotte at 239-334-8890 for a free consultation.