Crimes against the elderly….and the consequences

Attorney Peter D Aiken
Sarasota 941-366-3506
Ft. Myers 239-334-8890

Here in Sarasota we have a large number of elderly residents. Consequently, there are a large percentage of arrests involving elderly victims.

One of the most commonly charged offenses is battery on a person over 65. If you hit or slap someone, it is a misdemeanor. In domestic violence cases, family members, spouses, brothers and sisters are often charged with domestic battery. If the person struck is over sixty five years old, the State has the option of charging it as a felony. If the elderly person is badly hurt, the aggressor will in all likelihood get a felony arrest. Sadly, many old people because of their attitude as they age, are the aggressors and provoke confrontation. Just because they are old does not mean they are nice. Many times you have elderly couples in their seventies or eighties that get in fights. My goal where possible is the end the ordeal for both parties. Early dementia can result in confrontations ending badly. Early diagnosis and counseling and treatment is a much better option than jail.

Another commonly charged crime involves family members taking advantage of the elderly financially. It is common for care providers to trick the elderly into writing checks or making payments that are unjustified. Over the years, I have defended professionals, such as lawyers or trustees who are alleged to have taken advantage of their fiduciary relationship. The problem that arises is that old people suffer memory lapses and often do not remember authorizing a transaction or making a payment. Jealous relatives come along later and accuse the caretaker of an impropriety when in fact it was legitimate. Money can motivate a false accusation by a relative seeking the money for themselves.
Here in Sarasota it is also common for people doing home improvements or repairs to over sell or overcharge and elderly person. These types of cases are tough for the State to prosecute and tough for the defense in that there is sympathy for any old person taken advantage of.

In the last ten years I have seen an increase in sex crimes involving the elderly. I have defended many grandfathers charged with a lewd and lascivious touching of a grandchild. Age sometimes does strange things to men. They may have led a perfect life and then in their seventies, something “snaps”. Some elderly men end up on the Internet and get charged with traveling to meet a minor as a result of a sex sting operation. These cases are particularly sad.
If you have a relative or friend charge with a crime involving the elderly and want to talk, call my office in Sarasota for a free consultation at 941 366 3506

Embezzlement,the Other Side of the Story

Aiken O’Halloran and Banyai
Ft. Myers Criminal Defense Lawyers
Punta Gorda 941-639-6009
Sarasota 941-366-3506

January 25, 2017

Most people who get charged with grand theft for stealing from their employer did not start out with the intent of stealing.

Most people who get charged with grand theft for stealing from their employer did not start out with the intent of stealing.

Many times a cashier, a bookkeeper, a salesman or another trusted employee will make a terrible mistake in judgment and pocket a small amount of money with the absolute intent to return it.

There are other instances where a person is falsely accused of stealing because a fellow employee who knows how to work the system has actually taken the money. These are the really sad cases because an arrest for a crime you did not commit will damage your reputation terribly. You can find your face on Mugshots and even if you get your case dismissed it will still be there. I have been handling employee theft and embezzlement cases for over thirty years. As a criminal defense attorney, if I am lucky enough to get into the case early, often restitution can be arranged before criminal charges are filed thus avoiding and arrest and criminal prosecution. Often the Employer feels betrayed if it was a trusted employee and the first step is to show remorse on behalf of the employee.

We may be able to intervene in these cases and work out a situation to avoid and embarrassing arrest.

Hiring an attorney before you are arrested often can make a huge difference in resolving a bad situation. If we get in early enough we may be able to negotiate a payback plan that makes the employer whole and keeps a person out of the criminal justice system. If you have been fired and are under investigation for embezzlement, call today for a free consultation before it is too late to avoid criminal charges being files.

Sean O’Halloran: Ft. Myers 239-334-8890

Peter Aiken: Sarasota 941-366-3506

Andrew Banyai: Punta Gorda 239-639-6009

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The police want to talk to me…What should I do?

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

If you think you are under investigation for a crime, the last thing you want to do is make some admission that fills in the blank and gets you arrested. If you have been accused by a stepdaughter, a grandchild, a relative or a neighbor of some type of sex crime, you absolutely should not make a statement without talking to a criminal defense lawyer. If you are a teacher or day care worker and find out a false accusation has been made accusing you of an improper touching, a lewd act or some type of sexual battery, call immediately. We live in a world where false accusations are common. If you are a doctor, a massage therapist, a physical therapist or someone in a profession that involves “touching” another person, you are at risk of being falsely accused. There are lawyers that make a living making claims against massage therapists and doctors.

Often, money is the real reason for the false accusation.

If you are involved in a divorce or custody dispute, you may find yourself falsely accused by a mother and child. An arrest gets you thrown out of the house and puts you behind the eight ball in the civil Court. As a sex crime lawyer, I have found that about half of all sex crime accusations are false or exaggerated. Teenage girls have vivid imaginations and are highly manipulative. This is true when it comes to stepdads and mother’s new boyfriend. Teenage girls know how to break people up. Many times, good investigation and early intervention can prevent a false charge from being filed. Do not wait until you are arrested. If you get even a hint you are under investigation for a sex related crime, call immediately for a free consultation.
If you have been on the Internet and someone sends you a naked pic and later claims to be a minor, chances are it is a scam.

There is a scam running now on the dating sites like where people pose as an adult, and then after exchanging sexually explicit pics, claim to be a minor.

If you get a text, email or call from someone claiming to be a detective, chances are it is part of this scam. They will offer to resolve the case for money. They may claim you are part of some Internet sex sting. This is not the way the real stings work. It is a scam for money. If you have questions, call the Sarasota Office 941 366 3506  Ft. Myers Office 239-334-8890 or Punta Gorda 941-639-6009 for a free consultation

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Sean C. O’Halloran

Peter D. Aiken

Andrew Banyai

Just Because You Think That You Are Sober Enough…Does Not Mean That You Should Drive..Don’t Drink and Drive

Sean C. O'Halloran Experienced Ft Myers DUI Defense 239-334-8890
Sean C. O’Halloran
Experienced Ft Myers DUI Defense

All DUI Lawyers Are Not Created Equal

If you are facing a DUI charge, do you want a personal injury lawyer defending you? Do you want a family lawyer or a real estate lawyer standing beside you when the verdict is read?

Criminal law is all we do.

The Yellow Pages and the Internet are full of lawyers that claim they can represent you on a DUI (drunk driving) charge. Many lawyers try to wear many hats and be all things to all people. Do you want a general practice lawyer handling your criminal case? Do you want a foot doctor operating on your heart?
Sean O’Halloran and Peter Aiken, both former prosecutors, have been handling DUI criminal cases their entire careers. Criminal defense is all we do.

Should I use the Lee County Public Defender for a DUI?

Private lawyers, such as our attorneys at Aiken, O’Halloran & Associates, have a tremendous advantage over the public defender in a DUI case. As private defense attorneys, we also handle the administrative hearing to save your license at the Department of Highway Safety and Motor Vehicles. These administrative hearings come before your criminal case and often before even a public defender is appointed.

As private lawyers, we get the video, we cross examine the arresting officer and we develop valuable testimony which can help your case long before a public defender would even be appointed.

Ft Myers Drunk Driving Attorney
Act now to save your license and driving privileges. Do not wait or it may be too late. At Aiken, O’Halloran & Banyai, we have extensive experience in:

• DUI checkpoints
• DUI accidents
• DUI traffic stops
• DUI manslaughter
• DUI field sobriety exercises
• DUI homicide
• DUI administrative hearings
• DUI second and third offenses
• DUI license suspensions
• DUI hit and run defense
• DUI defense

In Ft Myers call Sean O’Halloran our DUI and Felony Traffic defense attorney at 239-334-8890… Don’t wait criminal defense is all we do.

Florida’s “Move Over” Law prevents Deaths

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

I am sure you have seen the signs on the expressway telling you to move over for emergency vehicles parked on the side of the road. On I-75, the police will often park on the shoulder with lights flashing waiting for someone to zoom by without pulling over one lane. Down the road a number of highway patrol cars are waiting to issue a ticket. At first glance, this looks like just another reason to write tickets and meet quotas. Sadly, there are a lot of accidents where police and tow truck drivers are injured needlessly while doing their job. Just two weeks ago a tow truck driver was killed when a man (allegedly drunk), plowed into the stopped vehicles. This is true when it comes to the “road rangers” who pull over to assist people whose cars have broken down or are disabled. If you see flashing lights up ahead and you are in the right lane, move over before you pass the stopped vehicles. The same goes for the left lane, particularly if it is a three or four lane road. Just today a rescue helicopter was hit in such an accident.

A lot of these accidents are hit and run cases where the driver hits a person who is rendering assistance to a broken down vehicle. This is particularly true if the driver is impaired from alcohol or drugs. If a death results, the Florida sentencing guidelines are harsh, and a person could be looking at a long prison sentence if convicted of DUI homicide. I guess that is why so many people leave the scene of the accident. You can get a prison sentence for leaving the scene but generally it is less than if you are convicted of DUI death. Of course, the better solution is to simply not drink and drive but in reality, many people do. I encourage people to find another way to get home. With services like Uber, it is so easy to avoid a DUI arrest. We have defended DUI homicide cases for decades. The cases are sad for both sides. On the one side, a family has lost a loved one. On the other side, someone is looking at ten years in prison. You cannot bring back a life, but good lawyering may be able to lessen the impact for the family of the person accused of the DUI death.

If a loved one has been arrested for leaving the scene of a death, or worse yet been arrested for a DUI homicide, hiring a good experienced lawyer is a must. Do not trust ten years of a person’s life to the Public Defender if you have a choice. We will try and work with you on the fees and for sure work as hard as possible to get a good result. A lot of lawyers make promises just to get hired. At our firm, our promise is to put a 100% effort at getting the best possible result. We have offices in Ft. Myers, Punta Gorda and Sarasota and it costs nothing to call and talk. Call 239 334 8890 in Ft. Myers, or in Sarasota call 941 366 3506 or in Punta Gorda, call 941-639-6009

I got arrested for “battery”……I was the one who got “battered”

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

Years ago, if there was a heated argument in the house, you could call 911 and the police would come and calm everyone down. Nowadays, if 911 is called, someone is going to jail. Even a 911 hang up will result in police showing up at your door. They will insist on coming in for a safety check. They will generally talk first to the person who made the recorded call. Sadly, many police form their opinion after talking to only one party, generally, the woman. They get her side of things, particularly if the responding officer is female and turn a blind eye to your version of what happened or the evidence. Someone is going to jail, no matter what. The police are afraid of being sued if they leave both parties together so most of the time, one or the other is taken away in cuffs. Ninety per cent of the time alcohol is involved.

Alcohol fuels a lot of nasty emotions. A wife or girlfriend may have been your best drinking buddy earlier in the evening but may have turned on you in a jealous rage over something trivial. I have seen 100 pound women jump on 300 pound men like a wildcat scratching and kicking and screaming. Many times the man may try and restrain her by holding her arms, only to later be arrested for assaulting her. Alcohol fuels jealousy and resentment. Many times hard financial times lead to drinking and money problems are the trigger that ignites a fight. Sometimes one party or the other may be taking prescription medication that triggers an outburst. If you are a Vet, there may be a PTSD issue at the core of your marital dispute.

As criminal defense lawyers here in Ft. Myers and the Cape we have handled hundreds of domestic violence cases. We regularly get “no contact orders” set aside or modified. Jumping on these cases early is important. Do not wait until your first court date, the arraignment. By then, the case will have already been filed. We may be able to convince the State Attorney to drop the case before it gets filed. There are lots of immediate consequences to a domestic battery arrest. Your concealed weapons license is in jeopardy. Your employer may fire you. Your picture may end up on on the Internet. Sometimes a phony accusation may be just the beginning of a divorce proceeding and designed to get you out of the house. Sadly some civil lawyers jump at the opportunity to use it as a mechanism to get control of the home. The DCF can also get involved is kids witnessed the argument.We have been doing this for years….Call 239 334 8890 for a free Consultation

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