He shot himself in the Penis

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239-334-8890
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941-639-6009
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The Associated Press reported today that a Jacksonville man purportedly sat on his own gun and shot himself in the penis.

That is the smallest of his problems

According to press reports he had a prior conviction for selling cocaine, so he was a convicted felon. Possession of a firearm by a convicted felon will land you in jail, and ultimately in State prison. He would have been better off is someone else had shot him in his “Johnson”. He made a terrible mistake admitting he shot himself. Maybe he accidently sat on someone else’s gun? It sounds more likely that in reality, he shot himself in the penis, sticking the gun in his belt or pants. It is next to impossible to sit on a gun and make it fire. It is really easy to shoot yourself sticking it in your pants. I hope he did not make some stupid admission and let’s hope it wasn’t some huge caliber gun. Imagine how he is going to feel if he ends up in prison and the other inmates ask him what he is in for? It would have to be pretty embarrassing to say “I got three years in the joint for shooting myself in the joint”. Some days it just doesn’t pay to get up.

A person has the right to remain silent….Not all people have the ability to remain silent. Some gun crimes carry minimum mandatory prison sentences. Florida has a ten, twenty life rule. Wouldn’t it be something if he caught major time for shooting himself? Let’s hope the judge and the State Attorney’s office have pity on him. He has already gotten a “stiff” sentence from “mister 9mm.

 

Is someone accusing you of date rape?

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

July 2017

Has some woman you had sex with now claiming it was non-consensual?
Are they claiming you got them drunk or drugged them?
Is a gay hookup partner making waves and shaking you down for money?
Is a “one night stand” now claiming they are underage? Are you married and being extorted by some woman you hooked up with?
Are you under investigation by the police? Have detectives tried to contact you?

If the answer to any of these is yes, you need to lawyer up immediately. Don’t wait to get arrested or simply hope and think this will go away.

There are many reasons for false accusations of sexual battery

As a sex crime attorney handling sexual battery cases, the most common reason is next morning “regrets”. Having second thoughts about the night before is the number one reason women make a false accusation. If they are married, and their husband has found out, it is easy for them to say, “it was not my fault…I was drugged” or “he made me do it”. Many rape accusations are simply false. It never happened…or…it didn’t happen that way. I have seen every shake down there is. As a sex crime lawyer, in my experience, I have found that many sex crime accusations are simply false. Money may be at the root of the problem. It may just be a shakedown. Jealousy is another common motive. If you have had sex with roommates or sisters, it is common for one or the other to claim it was non-consensual. Young women, who may or may not have allegedly lost their virginity, often claim they were drunk, drugged or forced. I have had a number of cases where a woman claims to have been forced to give oral sex (a blow job). That is next to impossible unless deadly force was threatened or used. There may be religious motivations. Is the accuser a Morman? According to the book of Morman, pre marital sex is a heinous unforgivable sin. It is excused however if the woman claims she is a “victim”. That makes it easy for her to be forgiven by simply claiming she was coerced , drugged or forced.
A rape accusation can ruin your life forever…. A sex crime arrest is devastating

 

If you thing something is coming back to haunt you and a hookup, disgruntled girlfriend or one night stand is making waves, call me immediately at 941 366 3506

Are you a teacher under investigation in Florida?

Is a student falsely accusing you?

If you are a teacher or other professional like a doctor, massage therapists, or health care professional, your license and entire future is at stake. I have represented many professionals over the years in Sarasota, Manatee, Pinellas, Charlotte, Seminole, Orange, Brevard, Osceola, Marion, Hillsborough, Pasco and Lee Counties. Do not wait for this to become public. Talk to a good lawyer now

ALL CORRESPONDENCE AND COMMUNICATION IS CONFIDENTIAL

I should have walked away

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

July 6 2017

Click Here to visit our Criminal Defense Website

How many times have you heard or said this?

As a criminal defense lawyer, I have heard this comment thousands of times. In almost every domestic violence case, had one person simply turned and walked away the entire situation, including and arrest could have been avoided. In a bar fight, an aggravated battery case, the fight would never have gone down. There is no winner in a fight. The loser goes to the hospital and the winner goes to jail. There is no winner in a road rage confrontation. Do you have any idea how many altercations are caused by alcohol? I would say that in over three quarters of all the domestic violence cases I handle, alcohol is the cause. Some people are what I call a “nasty drunk”. When they are sober, they are friendly and loving but with a few drinks in them, they become surly, confrontational and agitated. Pent up frustrations come flowing out with a little alcohol and usually a family member or spouse becomes the victim. Most of the time, the people are not “bad” but simply cannot handle their drinks.

The police have zero tolerance for an intoxicated person. If a wife or relative calls 911 to have the police come out and calm the person down, chances are someone is going to jail. Mouthing off to a cop is never a good idea and most drunks don’t know how to keep their mouth shut. They may have the right to remain silent but because of alcohol lack the ability to remain silent.

You will always lose in an argument with a police officer or deputy sheriff. I would be willing to bet that there is someone in your family that matches my description of a “nasty drunk”. What they really need is help, not time in jail. The first symptom of alcoholism is denial. Getting arrested for fighting with a wife, brother, sister or other family member should be a sobering event. The light should go on that “you need help”. As a criminal defense lawyer, my first goal is to keep the person out of jail, out of prison and to prevent a “conviction”. Criminal convictions have bad consequences. You can lose a good job or professional license and end up with a criminal history following you for life. At our criminal defense firm, we also try and get people who need help, the guidance they need. You can lead a horse to water, but you cannot make it drink. We will at least try and point you on the right track. The rest is up to you.

If you or someone in your family gets arrested for assault, battery, road rage, or some other violent crime, give us a call in Ft. Myers at 239 334 8890 or Sarasota at 941 366 3506

ALL CORRESPONDENCE AND COMMUNICATION IS CONFIDENTIAL

Under investigation for Date Rape?

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

Visit Our Website: Click Here for The Sex Offender Defender

June 28 2017

How can a man protect himself from being falsely accused of sexual battery after a one night stand? A good start is hiring an experienced sex crime lawyer immediately. I have been defending men who have been falsely accused by women the next day now for over thirty years. In the last ten years, I have seen an increase in these false accusations. There are many reasons why a woman, (having second thoughts about a one night stand), will make a false accusation. Some, simply will not take responsibility for their own actions and their own decisions. I have seen women falsely claim they were drugged or accuse the man of plying them with liquor to get in their pants. Some may have cheated on their boyfriend or husband and refuse to take responsibility for their own bad decisions. Sometimes, the false accusation is financially motivated (a shake down) and the woman is looking for money.

In Sarasota, there are some real barracudas that prey on married men. They may meet a married guy at a bar, have a few drinks and end up having sex that night. The next day they may claim the sex was nonconsensual knowing they can get money out of a panicked married man threatening him with exposure. I once defended a man in St. Petersburg who had sex with a young woman. A few days later the mother called, claiming the child was underage and threatening to call the police.

As it turns out, it was all a Craigslist scam.

The woman was not underage and it was an extortion plot from the word go. The guy had paid thousands by the time he came to me. Wealthy men are prime targets for false accusations. Famous men, athletes and business executives are also prime targets. Gay guys are prime targets for the shake down. A twink may claim to be underage after a consensual encounter and demand money not to go to the police. Gay men afraid of being “outed” will pay up to keep their private life confidential. Money is often the basis for the false accusation.
You can never give in to blackmail. If you do, it will never end, and they own you forever. As a former Federal agent and veteran criminal defense lawyer  I know how to handle people making false accusation. Never give in. Never pay them a dime. Do not be bullied into submitting to the shake down. Some of the best work I have ever done will never be made public. My goal is to quietly put a stop to the shake down and end the extortion and make the blackmailer go away, forever.

If someone is falsely accusing you…Do not wait to hire a lawyer…Do not talk to anyone until you get solid legal advice. Do not talk to the police. Keep your mouth shut and call me immediately. Initial consultations are free….Clam up and lawyer up!

AIken, O’Halloran and Associates Sarasota

2060 Ringling BLvd.

Sarasota, Florida 34237

Phone: 941-366-3506

Fax: 941-366-3568

AIken, O’Halloran and Associates Fort Myers

2257 Cleveland Ave.

Ft. Myers, Florida 33901

Phone: 239-334-8890

Fax: 239-334-2847

AIken, O’Halloran and Associates Punta Gorda

and Port Charlotte

214 Wood Street

Punta Gorda, Florida 33950

Phone: 941-639-6009

Fax: 239-334-2847

aikenandohalloran@gmail.com

How do you get someone out on bond?

Sarasota Office:
Peter D Aiken
941-366-3506
Ft Myers Office:
Sean C O’Halloran
239-334-8890
Punta Gorda:
941-639-6009

May 19 2017

Most people live their entire life without ever needing a bondsman or a criminal defense lawyer.

Most people never get arrested and most family members never have to deal with getting someone released from jail.

Unfortunately though, occasionally a husband, wife, brother, sister or son or daughter will call from the Lee County jail in the middle of the night with bad news.

Did you ever notice how a call in the middle of the night is bad news?

If a loved one is arrested, they are supposed to be given access to a telephone to call a lawyer or a relative. Sometimes that does not happen for hours or days. In Ft Myers, in Lee County, there are bondsmen that regularly monitor arrests as a way of getting business. They will look up a person’s relatives, and call them at night, offering to write a bail bond to get them released. That may or may not be a good thing. Often, at first appearance, for minor offenses, the person is going to be released on “pre-trial release” at no cost at all. Bondsmen are actually agents for Surety companies (an insurance company). By Florida law they are required to charge a 10% fee (a premium) to write a guarantee that the person will show up. Most bondsmen will also require “collateral” (a guarantee) that they will get paid if the person does not show up. If the bond set is huge, this can be a lot of money. For example, if the bond is $100,000 the fee is $10,000. Many people spend all of their money on bond and then cannot afford a really good criminal defense lawyer. Sometimes you are much better off to talk to an experienced criminal lawyer first.

Often the lawyer can get the bond reduced and save you lots of bucks.

Bondsmen are not supposed to recommend a particular defense attorney.

The reality is that some bondsmen here in Lee County ignore this law and are hooked up with particular defense attorneys. Some of the bondsmen will even take a person out on bond without being contacted and then demand the premium with the threat of putting them back in jail.

My recommendation is to talk to a reputable criminal defense lawyer first.

Lawyers are regulated much more when it comes to ethics and honesty.

When it comes to finding a good lawyer, do your homework.

Do not rely on advertising alone.

Some lawyers make claims that are simply exaggerated or not true. Look into the lawyer’s education, background and experience.

How long has he been defending cases?

Does he have genuine experience?

Is he just a “referral lawyer” from out of town referring cases to a local lawyer?

 

Talk to the lawyer in person.

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Bang… Bang…what an awful sound

Sarasota Office:
Peter D Aiken
941-366-3506
Ft Myers Office:
Sean C O’Halloran
239-334-8890
Punta Gorda:
Andrew Banyai
941-639-6009

There is an old song that goes: Bang bang, you shot me down, bang bang what an awful sound.

There were 146 road rage incidents involving firearms in Florida over the last 2 years. That is a 300 per cent increase. In many of the incidents, it was the aggressor who got shot, presumably in self defense. The bottom line is that none of the incidents should have escalated to that point. Florida leads the US in road rage involving guns.

As criminal defense lawyers we have represented all forms of road rage ranging from aggravated assault with a vehicle to actually pulling or using a gun.

You do have a right to self defense but the far better answer is to avoid confrontation where possible. Never give somebody the finger, slam on you brakes in front of them or provoke a confrontation. Most all of those situations end badly. Just because lawfully you can shoot someone, doesn’t mean you should. You will likely end up getting arrested. Never pull a gun and point it at someone to scare them.

You will get charged with aggravated assault with a firearm and be looking at a mandatory prison sentence.

Never fire a gun as a “warning shot”. Discharging the firearm could get you charged under the 10/20/life law in Florida and you could be facing big time.

If you have a concealed weapons license, you need to act responsibly. Just because you can do something, doesn’t mean you should. I have said that twice now…Think about it. I have defended all types of gun crimes for over thirty years. Deadly force is a last resort. Here in Florida where there are over two million people carrying guns, you have to be careful. You never know when you are going to aggravate some nut and get blasted away. When it comes to road rage, keep your cool.

Smile and drive away…to live another day.

If you have a road rage arrest and want to talk to an experienced criminal lawyer…You can give us a call for a free consultation…It costs nothing to talk

Sarasota Office:
Peter D Aiken
941-366-3506
Ft Myers Office:
Sean C O’Halloran
239-334-8890
Punta Gorda:
Andrew Banyai
941-639-6009

Unlocked Cars and Armed Burglaries

Aiken O’Halloran and Banyai
Ft. Myers Criminal Defense Lawyers
239-334-8890
Punta Gorda 941-639-6009
Sarasota 941-366-3506

April 4 2017

CLICK HERE to view or Ft Myers Criminal Defense Attorney Profiles and Credentials

Stolen guns from either a car or a home can increase the penalties and land a person in State prison.

In Florida, over two million people have concealed weapons licenses. The odds of a loaded firearm being found in a car are great. Teen burglars know this, and many times an unlocked car results in a gun being stolen. Teenagers often walk through neighborhoods late at night “pulling handles”. It is incredible how many people leave their car unlocked, and even more incredible how many people leave their pistol in the console or the glove compartment. Guns are worth money and a great find for the teenage or adult car burglar. In a recent Ft. Myers case, a teen burglar found a gun in the first car he entered and took it. That elevated the crime to “armed burglary” because he exited the car with a gun.

When he entered the next car, now with the gun, it made the next entry also an armed burglary and jacked the penalties through the roof. Even if the burglar is not an adult, this charge can have terrible consequences. Worse yet, if the gun is ever used in a crime of violence like armed robbery or aggravated assault with a firearm, the initial theft can have a ripple effect.

People think that you have to enter a vehicle or a house with a gun to make it an armed burglary.

Actually, if the gun is picked up while in the house, or if the gun is removed from the house, the increased penalties apply.

Guns have serial numbers and erasing a serial number on a gun is also a crime. Selling the gun or pawning it may result in yet another crime called “dealing in stolen property” or “defrauding a pawn broker”, both second degree felonies. An unlocked car can set in motion an entire series of crimes, sometimes first and second degree felonies. If the burglar has a prior felony, it can also result in the additional charge of possession of a firearm by a convicted felon.

As a criminal defense lawyer, over the years, I have seen a young life ruined by the temptation of a gun being left in a car. The bottom line is that everyone should remove the gun from the car at night. At a minimum the car should be locked at night. Make a point of actually checking your car each night before you go to bed. Actually pull the handle yourself. Some vehicles are accidentally left unlocked by sitting on your remote or hitting it in your purse. Go pull your handles…each night.

CLICK HERE TO VISIT OUR FT MYERS CRIMINAL DEFENSE OVERVIEW

A heroin overdose can get your child taken away

Aiken O’Halloran and Banyai
Ft. Myers Criminal Defense Lawyers
239-334-8890
Punta Gorda 941-639-6009
Sarasota 941-366-3506

March 29 2017

Not a day goes by that you don’t hear of a parent passed out in a car with unattended children crying, sometimes, crying for help.

Overdoses are at an all time high.

Every 19 minutes, somewhere in America someone dies from a drug overdose.

Addicts shooting up often get the “good stuff” that has not been watered down with “cut” on will pass out and sometimes die.

Heroin is a problem that cuts across all social strata.

Thirty years ago, it was primarily a black problem in the inner city. Now heroin addiction knows no social or ethnic boundaries. Gun deaths and overdoses are the number one killers for young adults. When the police come upon a parent in a car, overdosed, their first mission is to administer an antidote and keep the person breathing. The person ends up in the hospital but what happens to the kids? What happens when it is both parents? DCF has to get involved and the kids often end up in foster homes. I represented a man here in Sarasota about a year ago that came home from work and found his one year old baby crying and the mother dead in the bathtub after snorting heroin. Thank God in that case, there was a grandmother willing to step up and help.

There is a rumor that President Trump is going to designate a person to take on this epidemic. It is rumored that Chris Christie will be tapped for the job. The problem is that in the past, the drug issue in America has been treated as a criminal problem instead of a health emergency. The answer is prevention and treatment, not incarceration. They need to take the money out of the drug equation. As long as huge sums of money can be made selling drugs, the criminal element will prosper. As a Ft. Myers criminal lawyer I see on a daily basis the devastating effect drug addiction has on the innocent children. Simply caging people in prisons, now being taken over by big business, is not the answer. In America, we have more people in prison per capita than any other country on the planet. Most of them are there on drug related crimes. Prison is not the answer. Our leaders learned nothing from the “Prohibition” era.

If you have a loved one who has been arrested for heroin possession or possession of an opiate like Oxycontin, Oxycodone or Percocet we may be able to get them help. Treatment beats prison when it comes to preventing recidivism. If someone you know has been busted for drugs in Ft. Myers, Cape Coral or even as far North as Punta Gorda or Sarasota, give us a call.

Ft Myers and Cape Coral Lee and Charlotte Counties call 239 334 8890

Sarasota Punta Gorda Englewood Venice and Bradenton call 941 366 3506

Fish Cop Stops can ruin your day

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 239-334-8890

So you thought you were going to have a great day on the water

Pine Island Sound is one of the greatest fishing estuaries in the country.
We are headed into prime fishing season and a day on the boat with a few brews is a great thing.

Did I say a “few brews”?

You have to be careful that a routine stop by the fish cops doesn’t result in an arrest for boating under the influence. They may be looking for an undersized snook and in the process find a dozen empty beer bottles or cans. That can trigger the marine patrol to request that you go to shore and perform “voluntary” sobriety exercises. If they have taken you to shore, they are going to arrest you anyway so do not perform these exercises. They will claim that the empty bottles give them a reasonable suspicion to suspect you are under the influence. Sadly, if three guys are on the water all day, it is easy to end up with a dozen empties and no one even remotely be impaired. That equates to four beers each over an entire day. We all know that no one ever finishes a hot beer anyway, so chances are, no one is close to drunk.

Often boating stops are allegedly for a “safety inspection” or the check the size of your catch. When it comes to fish, as in life, every inch matters. If you have an undersized grouper or snapper, or an out of season snook, you can find yourself under arrest or may be given a citation. If you are spear fishing in a prohibited area, you can get your gear seized and possibly your boat. We once defended a man in Federal Court who was actually indicted and prosecuted for illegally harvesting Florida lobsters. If you are in a National park and do something relatively minor, the Feds will make a “Federal case” out of the tiniest thing. I was once on a boat way up the river and got stopped by Sheriff’s deputies for exceeding the speed limit in a so called manatee area. I was boating right behind the Sheriff’s boat and when they increased their speed, I simply matched it. They turned around and stopped us and took information. Two months later, my son got a Federal violation notice. I later learned that the Sheriff’s department got Federal funds and had to produce ticket information to the Feds. They had to justify getting Federal money.

If you get arrested for a wildlife violation, boating under the influence or some other BS charge and want to talk to an attorney experienced in defending fish and game violations call us in Ft. Myers at 239 334 8890

Ft. Myers Police targeting gun violations

Sean C. O’Halloran
Experienced Ft Myers Criminal Defense Attorney
239-334-8890

March 23 2017

In light of all the recent shootings in Ft. Myers, the police are actively targeting gun violations.

If you are a convicted felon, and you get arrested for possession of a firearm, you are facing a State prison sentence.
Did you know that if you are a convicted felon and you are in possession of a single bullet, you can find yourself charged?
If you are carrying a concealed firearm and get stopped and searched and a gun is found on your person or within ready reach you are in deep trouble.

As a Ft. Myers criminal defense lawyer, I have seen an increase in gun arrests and firearms prosecutions.

You may have a valid defense if you were illegally searched or if your stop was a profile stop. The simple fact is, in Ft. Myers, if you are black you stand a much greater chance of getting profiled and stopped. The police will make up a reason for the stop. They may say your tag light was not bright enough or your tint was too dark or your radio too loud. They will always be reason they claim the stop was made. If you are white, and in a black neighborhood at the wrong time of day, you also run the risk of getting stopped. The police are doing their best to cut down on the shootings but in the process, a lot of innocent people get stopped, detained and then searched. They may even bring a drug dog to walk around your car for what they call a “free air sniff”. They are not supposed to detain you unreasonably while the canine officer is on the way, but they do.

Be careful if you buy a gun.

It may have been stolen in a burglary and the serial number reported. It is always safe to buy a gun at Shoot Straight or one of the reputable gun shops. If you are found in possession of a recently stolen gun, the police may suspect you of the theft even though you thought you bought it legitimately. Be careful at the gun shows. People walking around with pistols or rifles may be trying to sell stolen property. Always demand to see and get a copy of their identification. There is nothing wrong with responsible gun ownership. In fact, in my opinion, given the present day danger of home invasion robbery, I recommend every home have one. Having said that however, the guns must be kept out of the hands of children.

If you have a gun charge pending or a recent firearms arrest and you want to talk to an experienced gun lawyer, call our Ft. Myers office at 239 334 8890