Robert Foley of Aiken O’Halloran and Foley Ft Myers Cape Coral Punta Gorda and Sarasota

Robert D Foley
Abogado habla español fluido
Ft Myers 239-334-8890
Cape Coral 239-984-4994
Sarasota 941-366-3506
Punta Gorda 941-639-6009

Robert Denis Foley III

I am a trial attorney and recently joined as partner with Peter Aiken and Sean O’Halloran to proudly team-up with these two established, experienced and well-respected attorneys to bring additional firepower to their already formidable criminal defense practice.
I enlisted in the U.S. Army Reserves as an infantryman when I was 17, and while serving, I studied Sociology and Criminal Justice at Rhode Island College. I became a commissioned officer while in the Reserves, and after graduating with a Bachelor in Arts in 1986, I served on active duty with the Army. My first stop was to Flight School in Fort Rucker, Alabama. I graduated Flight School in 1987 and was assigned to fly the (then) border between East and West Germany. I served in West Germany for three years, and upon being promoted to Captain, I was reassigned back to Fort Rucker as an Instructor Pilot where I taught prospective aviators basic and advanced combat flying skills and night and night vision goggle emergency flying procedures. During my time in the Army I was an Aviator, Paratrooper and I was Air Assault qualified. I was awarded an Overseas Service Ribbon, National Defense Service Medal (Persian Gulf), two Army Commendation Medals, and a Meritorious Service Medal. I completed my military service in 1992.
In 1990, I received a Master of Science in Business Administration from Boston University. In 1992, I began my legal studies at New England Law/Boston. I graduated from law school and became a member of the Massachusetts Bar in 1995.
In 1996 I became an FBI Special Agent. After graduating from the FBI Academy, I served in Bridgeport, Connecticut; San Juan, Puerto Rico; Tucson and Yuma, Arizona; Louisville, Kentucky; Detroit, Michigan; Washington D.C. and Fort Myers, Florida. During my 20-year career with the FBI, I investigated drug trafficking organizations, violent gangs, white collar criminals, corrupt public officials and terrorists. I served in a variety of investigative and management positions including as an attorney in the FBI’s Office of General Counsel, Special Agent in Charge at the Washington Field Office and Special Agent in Charge of the Detroit Field Office. While the Special Agent in Charge of the Detroit Office, an assignment I consider the highlight of my career, I led over 600 Special Agents, Intelligence Analysts, Task Force Officers and support staff in the conduct of all FBI counterterrorism, counterintelligence, cyber, and criminal investigations within the State of Michigan. I was responsible as Chief Executive and final authority for all operational, legal, compliance, HR, audit, financial, facilities and logistical matters for the Detroit headquarters’ field office and its 11 sub-offices.
As an FBI Special Agent, I have been the case agent on numerous investigations involving violent gangs, drug trafficking, police corruption and complex white-collar cases. In Bridgeport Connecticut, I led a multi- jurisdictional Organized Crime and Drug Enforcement Task Force (OCDETF) in a long-term wire-tap case resulting in the federal conviction of 21 drug traffickers. In San Juan, Puerto Rico I was a case agent on a year-long police corruption undercover investigation entitled “Operacion Honor Perdido” (Operation Lost Honor) resulting in the federal conviction of 29 police officers for cocaine trafficking. As the Special Agent in Charge in Detroit, I supervised high profile corruption cases including a case against the Mayor of Detroit and a case against a Michigan Supreme Court Justice. Both were convicted. In Fort Myers, Florida, I teamed-up with the Commodities and Futures Trade Commission and targeted a wealth management company for securities violations. The principal of that company was convicted of fraud and received a 6 year federal sentence.
In addition, while with the FBI, I held a number of collateral positions including as a police instructor, teaching corruption investigative techniques in Budapest and Bangkok; I was a member of the FBI SWAT Team; I served as an FBI firearms instructor; and, I was an FBI fixed-wing surveillance pilot and tactical helicopter pilot. During my career, I utilized virtually all of the sophisticated investigative techniques available, including infiltrating informants, high risk search warrants, drug-buys and reverses, wire-taps, under-cover operations, and complex forensic accounting. In my capacity as an Special Agent Attorney and legal advisor, I have served on the FBI Headquarters Criminal Undercover Operations Committee, the FBI’s Shooting Review Group, FBI Compliance Inspection Teams and I served as legal counsel to the FBI Headquarters Asset and Informant Unit. I proudly retired from the FBI in 2016.
As an FBI Special Agent for 20 years, I learned how to piece together complex criminal cases. I presented a countless number of these cases to Federal Prosecutors and 100% of the cases indicted resulted in a conviction. I bring this skill to your defense. Because I can engineer a case, I know how to reverse engineer one. I know where to look, what to focus on, common issues and problems, and how to identify flaws, weaknesses and holes. In addition, I was a state prosecutor. I worked as an Assistant State Attorney in the 20th Judicial Circuit. There, I honed my trial skills. I know how cases are tried and consequently, defended. My experience as an FBI Agent and as an Assistant State Attorney provides me, as your defense attorney, with a combination of skills you will not find anywhere else.
Degrees:
• BA, Rhode Island College
• MBA, Boston University
• JD, New England Law/Boston

Bar Certifications:
• Massachusetts
• Florida
• U.S. District Court, Middle District of Florida
• United States Supreme Court

Languages:
• Fluent Spanish Speaker

Memberships:
• FBI Agents Association
• Lee County Bar Association
• Southwest Florida Federal Court Bar Association

 

Robert D Foley of Aiken O’Halloran and Foley

Robert D Foley
Abogado habla español fluido
Ft Myers 239-334-8890
Cape Coral 239-984-4994
Sarasota 941-366-3506
Charlotte 941-639-6009

Soy abogado litigante, recientemente me uní como socio con Peter Aiken y Sean O’Halloran para orgullosamente formar un equipo con ellos.  Ambos son abogados muy respetados, bien establecidos y experimentados añadiendo yo así más poder y capacidad a su ya tremenda práctica de defensa criminal.

A los 17 años de edad, estuve enlistado en la Reserva del Ejército de los Estados Unidos como soldado de infantería. Mientras estuve activo estudie Sociología y Justicia Criminal en El Colegio Universitario de Rhode Island. Mientras serví activo en la Reserva me convertí en oficial encargado, en 1986 me gradué con un Bachillerato en Artes.  Mi primera parada lo fue la Escuela de Aviación en Fork Rucker, Alabama.  Me gradué de la Escuela de Aviación en 1987 y fuí asignado a volar la entonces frontera de Alemania Oriental y Alemania Occidental. Serví 3 años en Alemania Occidental y al ser promovido a Capitán fui reasignado a Fort Rucker como Piloto Instructor.  En esta oportunidad enseñé futuros aviadores estresas básicas y avanzadas de aviación en combate, visión nocturna y procedimientos de emergencia con gafas. Mientras estuve en el ejercito fui piloto de aviación, paracaidista y cualificado para asalto aéreo.  Durante mi carrera en el ejercito fuí premiado con un Overseas Service Ribbon, un National Defense Service Medal (Persian Gulf), dos Army Commendation Medals, y un Meritorious Service Medal. 

En 1990, recibí mi Maestría en Ciencia de Administración Empresarial de la Universidad de Bostón.  En 1992, comencé mis estudios en ley en New England Law en Boston

En 1996, me convertí en Agente del Negociado Federal de Investigaciones (FBI).  Después de graduarme de la academia del FBI serví en Bridgeport, Connecticut; San Juan, Puerto Rico; Tucson and Yuma, Arizona; Louisville, Kentucky; Detroit, Michigan; Washington D.C. and Fort Myers, Florida. Durante mi carrera de 20 años en el FBI investigue organizaciones de tráfico de drogas, gangas violentas, criminales de cuello blanco, oficiales públicos corruptos y terroristas. Serví en gran variedad de investigaciones y posiciones del cargo, incluyendo abogado para la Oficina del Consejo General del FBI, Agente Especial Acargo en la Oficina de campo de Washigton DC y Detroit.  Considerando esta última la más destacada de todas mis tareas en el FBI, en la cual dirigí sobre 600 Agentes Especiales, Analistas de Inteligencia, Oficiales del Task Force y todo el personal de apoyo en el manejo de todo el contra-terrorismo, contraespionaje, investigaciones criminales y cibernéticas de todo el estado de Michigan. Además, durante esta tarea tuve la responsabilidad de ser la autoridad final por todas las funciones ejecutivas de operación, legal, cumplimiento, recursos humanos, auditoría, financiera, instalaciones y asuntos logísticos para la oficina central de Detroit y además sus 11 sub-oficinas.

Como Agente Especial de Investigaciones Federales fui el agente clave de numerosas investigaciones involucrando gangas violentas, tráfico de drogas, corrupción policial y cuello blanco.  En Bridgeport, Connecticut dirigí un caso de multi-jurisdiccional crimen organizado y Fuerza Anti-Drogas (OCDETF) en espionaje telefónico de largo plazo este resulto en el encarcelamiento federal del 21 traficantes de drogas. En San Juan, Puerto Rico fui el agente clave en la investigación encubierta titulada Honor Perdido.  Esta investigación encubierta de año de duración resultó en el encarcelamiento federal de 29 policías por tráfico de cocaína. Como Agente Especial A Cargo de Detroit, supervise casos de corrupción de alto perfil incluyendo el caso en contra del Alcalde de Detroit y el caso en contra de la Jueza de la Corte Suprema de Michigan. Ambos convictos.  En Fort Myers, Florida me uní con la Comisión de productos Básicos y Fututos y apunte hacia una compañía de Manejo de Patrimonio por violaciones de seguridad.  El principal de esa compañía fue convicto por fraude y recibió una sentencia federal de 6 años.

Además, mientras estuve con el FBI, mantuve numerosas posiciones colaterales incluyendo instructor de policía, enseñé técnicas investigativas de corrupción en Budapest y Bangkok, fuí miembro del equipo SWT, serví como instructor de armas de fuego; y piloto de helicópteros para vigilancia y táctica para el FBI. Durante mi carrera con el FBI utilice todas las técnicas investigativas mas sofisticadas, incluyendo el empleo de informantes, ordenes de búsqueda de alto riesgo, compra de drogas, espionaje telefónico, operaciones de encubierto, y contabilidad forense. Me retire del FBI en el 2016.

Adicionalmente, en mis 20 años de carrera con el FBI , aprendí a componer complicados casos criminales.  Presente un sinnúmero de estos casos a fiscales federales y el 100% de las veces resulto en convicción.  Yo le traigo esta habilidad a su defensa, porque soy muy capaz de construir un caso también soy perfectamente capaz de aniquilar uno. Yo sé donde buscar, en que enfocarme, antever problemas, identificar faltas, debilidades y vacíos. Además, fui fiscal estatal.  Trabajé como Asistente del Fiscal Estatal en el 20th circuito judicial.  Fue aquí donde afile mis habilidades como abogado litigante. Mi conocimiento y experiencia como Agente Especial del FBI y como Asistente del Fiscal Estatal me probé, como su abogado defensor, con la perfecta combinación de las habilidades que usted no encontrará en ningún otro.

 

Educación:

  • BA, Rhode Island College
  • MBA, Boston University
  • JD, New England Law/Boston

 

Licenciado en:

  • Massachusetts
  • Florida
  • S. District Court, Middle District of Florida
  • United States Supreme Court

Membresías:

  • FBI Agents Association
  • Lee County Bar Association
  • Southwest Florida Federal Court Bar Association

Arrestado en el condado de Lee necesita abogado con fluidez?

Arrestado en Ft Myers y necesita un abogado que hable español con fluidez?

consulta gratuita
llámanos   239-334-8890

 

Never Argue with an Idiot

Aiken O’Halloran and Foley
SW Fl Experienced Criminal Defense Attorneys
Ft Myers 239-334-8890
Charlotte 941-639-6009
Sarasota 941-366-3506
All Counties in Florida:
941-366-3506

People watching can’t tell which one is the Idiot. People get arrested every day for not following that advice. Arguments lead to threats and fights. Every domestic battery case starts with an argument. A husband and wife may be arguing over money, the kids, his drinking or something totally unimportant and before they know it, it escalates into something physical. The police get called and someone is going to jail, usually the husband. A domestic violence arrest can get you thrown out of your own home with a no contact order by a judge at first appearance court. If something is thrown, or someone picks up a knife, or a pair of scissors, the arrest may be for aggravated assault. If someone gets hurt, even a bystander or other family member, an aggravated battery arrest will be made. If someone picks up a gun and points it or worse yet fires it, serious gun charges will be filed with often minimum mandatory penalties.

At Aiken, O’Halloran and Foley, we have been defending crimes of violence for decades. Road rage is the most common. It starts with a honk, then someone giving the finger, then a few shouts and gestures, and before you know it, someone has brandished a gun, tailgated or bumped the other car. You can be arrested for aggravated assault with a deadly weapon, and yes, a car can be a deadly weapon. Teenagers on “crotch rockets” push the envelope and we once had a case where a client bumped the teenager on the motorcycle with his car. He got arrested for aggravated battery with a deadly weapon. It ended well, but cost the client time and money, all for a second of anger.Give us a call and we will give you straight answers.

If you are a professional, are in the health care industry, are a teacher, or a person holding a professional license,a domestic battery arrest has immediate consequences. You can lose your job until it is cleared up. You will lose your concealed weapons license and temporarily lose your ability to buy a firearm. If a bad decision, a moment of weakness or losing your temper got you arrested in Cape Coral or Ft. Myers your next decision is a really important one. Hiring a good criminal defense lawyer can make a huge difference in the outcome. Finding a really good criminal attorney is the challenge. Do your homework. At our defense firm your first consultation is free. Give us a call and we will give you straight answers.

Click The Links Below for:

Sarasota and Manatee County Office 941-366-3506

Lee and Charlotte County Office 239-334-8890

Can I get a fair trial?

Aiken and O’Halloran
SW Fl Experienced Criminal Defense Attorneys
Ft Myers 239-334-8890
Charlotte 941-639-6009
Sarasota 941-366-3506
All Counties in Florida:
941-366-3506
There are four factors that make a difference in whether or not you get true justice.
Let’s start with the most important question.

Do you want justice or do you want to win?

If you have made some bad choices, done something wrong or committed a serious error in judgment, you may not be looking for true justice.

You may be looking for the best possible result.

Staying out of prison, not having a felony record, not being on probation and not becoming a registered sex offender may be the more important goals.

You only go to trial if you cannot accomplish your goals through negotiation. Whenever you go to trial, no matter how strong or weak you case, there is uncertainty. You may win or you may lose. Trial is the last resort when all other efforts have failed. Some cases are won before trial on legal technicalities that result in dismissal or on your lawyer’s ability to convince the prosecutor to drop the case. If you have to go to trial…..You need to get a fair trial.
Your ability to get a fair trial depends on four things. First, is the judge fair and impartial? The simple fact is, most criminal court judges are former prosecutors. You have little or no control over who your judge is. Most judges think they are fair (like Archie Bunker), but the reality is that they are human, and their life experiences have made them prejudiced, one way or the other. Most times, it is the luck of the draw on whether or not you get a fair judge
The second thing that factors in is the jury. Can I get a fair jury? That depends on a number of factors. What is the nature of the charge? If it is a sex offense involving a child, the odds are stacked against you. If it is something like tax evasion, where most jurors hate the IRS, the odds are better. It depends on the demographics of the community where the case is tried. It depends on your race, your sex, your age and the nature of the charges.
The third thing is the jury selection process. In Federal Trials, most Federal Judges do not let your lawyer personally question the jury panel. They do this to save time. That is a terrible situation. The judges ask the jurors loaded questions like “Is there anyone here (that is so prejudiced) that they cannot follow my instructions”? “Is there anyone here that cannot be fair and impartial”?

The simple fact is that most prejudiced people either don’t realize they are prejudiced or will never admit it. Do you thing Archie Bunker thinks he is prejudiced? How do you think he would answer the judge?
In the State court system, lawyers are allowed to question the prospective jurors to determine bias or prejudice. This brings us to the most important factor in getting a fair trial. That is called the voir dire process. That is where the lawyer questions the jurors individually. This brings us to the only factor you really have control of. This is the most important factor.

You have to have a criminal defense lawyer that has the knowledge, experience and court room savvy to get good honest answers from prospective jurors. Jury selection is a skill that comes from experience. You cannot learn it in a book, and they don’t teach it in law school. What most lawyers don’t understand is that many trials are won and lost in the jury selection process. A good lawyer can predict who the foreman is going to be. A good lawyer knows how to match jurors with things that are going to factor in such as age, race, employment history, personal experiences and feelings. I have picked hundreds of juries over my lifetime and no two juries are the same. If you want a fair trial, you have to have a lawyer who knows what he is doing in the courtroom.A good lawyer keeps and unfair judge from giving you an unfair trial. A good lawyer helps you get fair rulings on the evidence. A good lawyer helps you pick good jurors and get a good verdict. The bottom line is that when it comes to a fair trial, the only thing you can personally do to get a fair trial, is to hire the best and most experienced lawyer around. The sad reality is, that in the American justice system, you generally get as much justice as you can afford. Spend your money wisely. Research the track record of the lawyer you are hiring. There is a world of difference between being slick at advertising and being competent in the courtroom.

Choose your lawyer wisely….It may be the most important decision you make

Hard time for Irma Crimes

Aiken and O’Halloran
SW Fl Experienced Criminal Defense Attorneys
Ft Myers 239-334-8890
Charlotte 941-639-6009
Sarasota 941-366-3506
All Counties in Florida:
941-366-3506

In the wake of hurricane Irma there is going to be a spike in arrests for crimes like burglary, dealing in stolen property and unlicensed contracting in counties like Lee, Charlotte, Manatee and Sarasota.

There is an old saying that says “desperate people do desperate things”.

Many people who lived week to week are now out of a job. Many people lost equipment and the temporary ability to earn a living. We are now on the road to recovery from Irma but there are still lingering effects of the storm. There have been arrests for price gouging during and immediately after the storm and there are going to be more arrests for unlicensed contracting in the next several weeks and months. There will be an increase in property crimes as people try and survive the hard times. If you or a relative have been arrested we may be able to help you avoid the consequences of a bad decision. Sadly, good people sometimes do bad things and a crisis can lead to a bad choice. Writing a worthless check or credit card fraud may have been what you had to do to survive, but it may have gotten you arrested. The State attorney has a lot of latitude is deciding what charge to file and how to resolve your case. As criminal defense lawyers in Sarasota ,Lee, Manatee and Charlotte, our job is to help you through these hard times. Restitution and probation are alternatives to jail. You don’t want to end up with a felony conviction as a result of an act done in desperation. If you made a mistake and need the legal help of a criminal defense lawyer, call us. Initial consultations are free

The Public Defender is swamped and most of the lawyers in the Public Defender’s office are overworked and underpaid. Hiring your own private lawyer may cost you a few bucks, but in the long run, may make a huge difference in the outcome. If you had a major illness, would you want to go to the public health clinic or your own doctor? Experience and hard work can make a difference in the outcome of a criminal case. Getting a good result is not an accident. There are immigration consequences to felony convictions and you cannot afford to run the risk of deportation.

If you want to talk, give us a call in:
Ft. Myers at 239 334 8890

Punta Gorda at 941 634 6009

Sarasota at 941 366 3506

I missed my meeting with my probation officer because of the Hurricane

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

Hurricane Irma causes chaos for people on probation

As if dealing with no electricity, no cable, no phone and no job was not enough, many people on probation can add to this the uncertainty and fear of missing a meeting with their probation officer. It is even worse if you are on sex offender probation or were wearing an electronic monitor and have lost power or the ability to recharge your monitoring device. Many of the probation office locations have been closed for close to a week. Many of the Courts have also been closed but most are expected to be back up and running by Monday.

A probation violation has to be willful and substantial.

If you have moved because of Hurricane Irma, immediately notify your probation office.
The mail is still running, even if in some places there is no electricity.
I suggest sending your probation officer a letter describing in detail your situation.
Do not rely on leaving a voice message.
You have to create a paper trail and document the fact you have notified them of changes.

If you are on sex offender probation and you cannot reach your probation officer by telephone, go to the probation office in person. Even if they are not open, leave a letter describing your circumstances listing your new location. You need to document your attempts to comply. If you lost your job and cannot pay probation fees or court costs, you need to document that fact. At our law office here in Ft. Myers, we regularly represent people charged with probation violations. If you think a probation violation is coming, contact us before you are arrested. We may be able to resolve your problem and keep you from being picked up and sitting in jail waiting for a violation hearing.

Do not wait until you are violated. We may be able to convince your probation officer that a technical violation is not your fault. If you are on drug offender probation, do not let the stress of the hurricane situation cause you to slip back into drug use. If you have lost your job, don’t let the frustration and anxiety push you over the edge. You can assume that as soon as the probation department gets up and running again they will be doing drug screens.

If you need help, Call us in Ft Myers 239-334-8890 or in Charlotte 941-639-6009

 

He shot himself in the Penis

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

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