Meetme.com and Arrest Me

Ever since the Feds shut down Craigslist Casual Encounters and Backpage.com, the undercover detectives all over Florida have shifted their focus to sites like meetme.com.

Although women posting there are supposed to confirm that they are old enough, detectives have been posting pictures of women that have been digitally enhanced to make them appear they are younger. When an unsuspecting guy responds, usually, in the first few posts the undercover chatter will throw out the fact that the age is anywhere between 13 and 15. At this point, they will engage in chat and texts, pretending to be a coy teenager encouraging men to travel and meet. Sadly, many lonely men fall for this ploy and find themselves arrested for solicitation of a minor or traveling to meet a minor. I have handled 41 Internet sex sting cases and there is a pattern to the police tactics.

The sharp detectives will generally give the potential defendant an “out” texting something like “I understand if I am too young for you”. Some of the detectives however will play the guy saying something like “I am inexperienced” or “I guess you could teach me”. Many men out of loneliness and mostly curiosity will continue to chat and later getting arrested.

The best way to not get arrested is to not commit a crime. Do not get entrapped and lured into doing something that in a million years you would never do. Curiosity killed the cat and curiosity can get you arrested and landed in State prison. Even worse, it can make you a registered sex offender for the rest of your life. It can ruin your life forever.

The police are getting desperate to make sex sting arrests and now more and more are focusing on the normal dating sites. If you hear “thirteen”, “fourteen” or “fifteen”, no matter what the picture looks like, terminate all communication. They don’t call it “jail bait for nothing”. There are no young girls out there that need any old guy to teach them anything. Always get absolute confirmation of the age of anyone you meet or date. Do not assume that because they are on an adult site that they are an adult.
The police are also targeting the gay dating sites luring middle age men into chatting with undercover cops pretending to be teenage boys. Sex with a minor is not worth it. Do not ruin your life and succumb to weakness, loneliness or temptation. Never, no never, send a “dick pic” to anyone that says they are underage.

It is a crime.

If you or a loved one has an issue and want to know more about sex stings, feel free to give me a call at 941 366 3506

A little beer, some Christmas Cheer and a DUI for the New Year

You don’t want to start the New Year with a DUI arrest. With Uber, there is no reason to ever get a DUI, but people do. Good people do get arrested all the time. Most of the DUI arrests do not come on New Year’s eve. Most arrests are the result of Christmas parties in the two weeks prior to Christmas. People who normally do not drink get a little toasted at the company Christmas party and get busted for DUI driving home. Actually, there are few arrests on New Year’s eve. A DUI conviction can really hurt your career. It can cost you your license, raise your insurance and hurt future job opportunities.

We have been defending DUI cases here in Ft. Myers for over 15 years and the three partners in our criminal defense firm have over sixty years combined actual courtroom experience in defending DUI cases. There are hundreds of lawyers that claim to have experience, but a lot of them have that as former prosecutors, putting people in jail, not as defense lawyers, keeping them out.

All lawyers are not created equal, nor do they have the same qualifications and background and experience. Some DUI cases can have really serious consequences. If the DUI involves an accident with injury, or worse yet a death, a person can be looking at a ten year State prison sentence. You don’t want a “ticket” lawyer handling a serious felony criminal case. You need a real deal experienced felony criminal defense lawyer from the get go. A quality criminal defense is based on thorough investigation, intense preparation and a dedication to leaving no stone unturned. Hiring a good Ft. Myers defense lawyer should not be based only on advertising. Check out the firm’s background and history. Look at the years of experience actually defending cases. Look at their track record. Talk is cheap so do your homework in making your selection.

Sometimes people want to save money and opt for the Public Defender. There is an old saying in life, “you get what you pay for” and sometimes “free” comes at a cost later. The bottom line is, that the best way to not get a DUI, is to not drink and drive…. but people still do.

Your cell phone is a tracking device

Aiken O’Halloran and Foley
Experienced State and Federal Criminal Defense Attorneys
Ft Myers 239-334-8890
The Cape 239-984-4994
Se habla espanol
Charlotte 941-639-6009
Sarasota 941-366-3506

June 2018

They know where you have been

• Most people don’t have a clue that the cell phone in their pocket is a tracking device. The Supreme Court this week decided a case that requires the police to get a search warrant to get the tracking location information from your provider. The problem is, the police have been doing this for years without a warrant. That is how they put suspects at the scene of a murder, a hit and run, a burglary or a robbery. The cell phone companies know your every move and the police know they can get the information from the cell phone companies.

As a Ft. Myers criminal defense lawyer, in many of my serious cases, I learned that the detectives have gotten this information. How they obtained it may have been illegal or improper and the new Supreme Court opinion will help us in defending cases that involve cell phone data. Some of the departments have been getting search warrants, and some have not.

In a Charlotte county case, a few years back, they put my client at the scene of an aggravated battery by using cell phone tracking data. They claimed that he made a call to an old girlfriend who was in bed with someone else while he standing outside the house. That type of information and evidence is damaging. The jury found him not guilty anyway on other grounds, but the fact that the police can put a person at the scene of a crime with cell phone tracking data hurts.

The Cape Coral police routinely use cell phone tracking data to put people at the scene of a drug deal,a robbery or a sexual assault. If you are texting or talking on the phone while driving, and hit someone and take off, they can put you at the scene at that very moment if they have your cell phone data. Big Brother really does know where you are, and law enforcement has a fantastic tool to really build a solid case. If you are under investigation by the Lee County Sheriff’s department or detectives from the Cape Coral, Leheigh or the City of Ft. Myers, talk to a good criminal defense lawyer before making any statement.

Keep your mouth shut and lawyer up. It may only be a matter of time until the police come knocking if they get your cell phone information. It is a lot easier to talk to a lawyer before you are arrested.

Do I really need a lawyer? Why not just take the ERC offer?

Aiken O’Halloran and Foley
Experienced State and Federal Criminal Defense Attorneys
Ft Myers 239-334-8890
The Cape 239-984-4994
Charlotte 941-639-6009
Sarasota 941-366-3506

Aiken O’Halloran and Foley

June 22 2018

If you get arrested in Lee County, either in Cape Coral, Ft. Myers or Leheigh, and your offense is a third degree felony or serious misdemeanor, if you do not immediately bond out, you will be taken before a judge within 24 hours. At that first appearance, you may be told that your case qualifies for ERC. That means you could be going to Early Resolution Court. You may be told that you do not need a lawyer and be advised to just “save your money” and take the deal they offer you. That really helps the judges and prosecutors because it makes the cases go quickly and reduces their workload. The truth is that, ERC may or may not help you or be in your best interest.

You may be offered “probation” at the early resolution court hearing. Although that may sound like a good deal, chances are, at the time you are offered that, you probably have not had an opportunity to have had a one on one meeting with the public defender or any lawyer. People often see the public defender for the first and only time in the courtroom. They may only get seconds with the public defender before having to make an important decision that can change their life. Probation may sound good, but it can be a trap. What if you are genuinely not guilty? What if it was someone else’s drugs? What if you really did not commit the crime? What if you are an addict or an alcoholic? What if you had a prescription for the drugs? What if you were only defending yourself? What if the arresting officer lied about why he stopped you? What if it was an illegal search?

If you take a plea deal and give up a good defense, it may be the biggest mistake of your life.

At our criminal defense office we handle probation violations and all too often, by the time people get to us, they have already given up a good defense, taken probation and now violated. Most lawyers, including the ones at our criminal defense office do not charge for an initial consultation. There is no downside to talking to a real good criminal lawyer before you make an important decision. A bad decision may have resulted in you getting arrested. Don’t make another bad decision and give up important rights without talking to a lawyer.
Our Constitution provides that you have a right to an attorney. The law says that “if you cannot afford one, one will be appointed for you”. The simple fact however is that all lawyers are not created equal. Doctors are not the same. Where would you go if you were really sick? Would you want to go to a really good doctor you selected or take your chances at the Public Health Clinic? That is a no brainer. You should always talk to a good qualified experienced lawyer.

Big Sex Sting Investigation in Ft. Myers

Aiken O’Halloran and Foley
Experienced Sex Crime Criminal Defense Attorneys
Ft Myers 239-334-8890
The Cape 239-984-4994
Se habla espanol
Charlotte 941-639-6009
Sarasota 941-366-3506

May 22 2018

Big Sex Sting Investigation in Ft. Myers

Just when you thought the sex sting investigations were beginning to slow down several more Florida Counties ran them this past week.

In Lee, eighteen men were arrested and in Sarasota, it looks like another eight were arrested in a gay sex sting targeting Grinder participants.

The Sting in Lee is the “same old same old” where very experienced undercover chatters rope in the guys with sexual innuendo. News Flash Guys! There are no real young girls or boys who want to get it on with old men. It is always a cop. Over and over men fall for the same old ploy. The girl pretends to be of legal age and then the chatter switches it to 14 or 15. Never, no never, chat with anyone underage about anything, much less sex. The Sarasota operation was one where the undercover chatters on the gay site pose as “twinks” trying to lure in older guys.

The real question in most of the cases is “who is doing the real soliciting”?

As a sex sting lawyer I have handled over 40 of the sex sting cases. Did you ever notice that they only run the sex stings in Counties where the Sheriff is an elected official? For example, where the chief law enforcement officer is appointed and not elected there are no stings. The stings are great for the Sheriff. He can go on television telling the voters he is keeping children safe. There are real predators out there but most of them are too smart to fall for these stings. What the police usually get are gullible insecure men, often mentally challenged or autistic. The real smart predators don’t fall for the pitch. The sex stings are fishing for sharks but catching grunts. The sad thing is, unlike fishing, they don’t throw the by catch back. Everyone gets prosecuted. It will be interesting to follow the Ft. Myers cases to conclusion. What the public never hears is how the police often entrap otherwise shy gullible men into doing something they were not predisposed to do. The best way to not get arrested is to not commit a crime. Never chat with a minor! Never send an explicit pic of your penis! No 14 year old girl is impressed with some old guy’s junk, but the cops are. Sending a penis pic to a minor will get you convicted, put in State prison and make you a sex offender for life. Think twice!

For More Information on our areas of Sex Crime Defense , Click “HERE” to visit our: TheSexOffenderDefender.com website

What if I Panicked and Left after an Accident?

Aiken O’Halloran and Foley
Ft Myers 239-334-8890
The Cape 239-984-4994
Se habla espanol
Charlotte 941-639-6009
Sarasota 941-366-3506

There is a media push right now encouraging people to stay at the scene of an automobile accident. Florida has over ninety thousand hit and runs, many involving death. The problem is, that if you are reading this blog, it is probably too late. The simple fact is, people sometimes, after an accident, freak out and leave. It may be because their license is suspended. It may be because they were drinking and are afraid of a DUI. It may be because they don’t have insurance or are driving someone else’s car. It may be because they are on probation for something else or because they have alcohol or drugs in their system. The Florida Highway patrol often runs ads encouraging you to come forward and “turn yourself in”. This is particularly true when there is a death. Confession may be good for the soul but it can land your body in State prison. Even if the guilt is eating you up, talk to a good experienced criminal defense lawyer first. Sadly, many Hispanic people because of our immigration laws have not been able to get a driver’s license. They may have been driving without a license. They may be afraid of remaining at the scene of an accident fearing deportation. If your license was suspended or you did not have a license, and you fled or left the scene, talk to us before turning yourself in. Under our criminal justice system, you have a right to remain silent.
If you live in Ft. Myers or Cape Coral and need to speak with a Spanish speaking lawyer, call and ask for Bob Foley. Bob, one of the partners, is a former FBI agent and he speaks fluent Spanish. We have offices both in Ft. Myers and in the Cape.

There may be an answer to your legal problem.

Do not try and fix it yourself.

If you were arrested and have bonded out and are afraid to go to Court because of an immigration issue or afraid of ICE, give us a call. We may be able to help you through your legal problem.

IN Ft Myers : 239-334-8890

IN Cape Coral: 239-984-4494

Punta Gorda 941-639-6009

Sarasota: 941-366-3506

Police Prostitution Stings….Who is soliciting Whom?

Aiken O’Halloran and Foley
Ft Myers 239-334-8890
The Cape 239-984-4994
Charlotte 941-639-6009
Sarasota 941-366-3506

Under the guise of stopping crime, the police are actually creating a crime. Prostitution is the world’s oldest profession. In most of the advanced civilized countries, it is legal. Here in Florida it is not. The police routinely run “Sex stings” where undercover detectives pose as women offering sex for money. The stings are basically two types. On the one hand, many of the municipalities will have undercover female officers walking the street, winking, waving and flirting with passing motorists. When a prospective “john” stops, they engage them with sexual innuendo and try and entice the many to offer money. This ends in an arrest, public embarrassment, a prosecution and a statistic for the police department.

The other type of “sex sting” involves the Internet. The “pimp” like you used to see in the movies has been replaced by a computer or a smart phone. Women routinely offer sex on “Craigslist Casual Encounters” or sites like Backpage.com. These are not poor victimized women, the victims of human trafficking. They mostly are women who have made a conscious choice to engage in sex for money. That has been happening for all of time. When the police run an Internet prostitution sting, the police will post an ad, an absolute solicitation for sex in exchange for money. When the man responds, he is invited, usually to a hotel, where he is arrested. The truth is, it is the police that are soliciting for prostitution, not the man. The man is merely accepting the solicitation of the undercover detective. This is an enormous waste of law enforcement resources. The police create a crime that would not have otherwise happened.These arrests ruin lives. This makes no sense whatsoever

The answer is to legalize prostitution. It already is in some places here in the United States. What is the difference between a man wining and dining a woman, spending money on her, making a bunch of false promises about affection or feelings or simply paying her for sex. Prostitution is one of the most honest relationships a man and woman can have. The woman wants his money and the man wants sex. In that situation, no one is victimizing anyone. It is truly a victimless crime, unless one of them is a cop. Then they make it a crime and ruin lives.

Legalizing prostitution would eliminate human trafficking. If prostitution was legal, if you could go to a safe place, pay money and have safe sex, who would take a chance with some illegal hooker or brothel. If prostitution was legal, if it was regulated, the women would have health exams, there would not be street hookers (most of whom have aids or are drug addicts) and it would be safe. Men have been paying for sex (one way or another) for all of human history. It is part of evolution. Studies have shown that female chimpanzees will grant sexual favors for fruit and protection. Many professionals, many people who have time consuming careers, many people who are workaholics, simply don’t have time, or want, a permanent relationship. Sexual needs and desires are hardwired into our very beings. Sex is a natural instinct that when denied, creates social issues. Legalizing prostitution would cut down on real sex crimes like rape or child molestation. Legalizing prostitution would actually reduce crime. The truth, which no one wants to hear, or acknowledge, is that it is the police that are doing the soliciting. It is the police that are creating a crime. It is the police that are enforcing an archaic and unfair law.
Don’t fall for the hype and press reposts…..Contact your legislator now….Legalize prostitution

Law offices of Aiken O’Halloran and Foley CRIMINAL DEFENSE IS ALL WE DO We have offices in Ft. Myers, Cape Coral, Punta Gorda and Sarasota.

Fort Myers : 239-334-8890

Sarasota: 941-366-3506

​Charlotte: 941-639-6009

The Cape: 239-984-4994

ALL CORRESPONDENCE AND COMMUNICATION IS CONFIDENTIAL

Bajo la Influencia …. Bajo Arresto … y Poco Representado

Aiken O’Halloran and Foley
Ft Myers 239-334-8890
The Cape 239-984-4994
Charlotte 941-639-6009
Sarasota 941-366-3506

Si se encuentra en esa situación, puede empeorar. Tener un buen abogado puede hacer una gran diferencia en el resultado. Algunas personas, a pesar de que pueden permitirse contratar a su propio abogado, se dejan representar por el Defensor Público, simplemente para ahorrar dinero. Perder su licencia de conducir puede costarle su trabajo. Afectará sus tarifas de seguro y posiblemente le impida incluso obtener un seguro. Si se encuentra en los Estados Unidos de manera ilegal, puede encontrarse en problemas con ICE. Si tiene un DUI anterior, o si está conduciendo sin licencia, o peor aún, manejando con una licencia suspendida, es posible que pasara tiempo en la cárcel. Ahora no es el momento de buscar un abogado gratuito o el abogado más barato que pueda encontrar. ¿Le gustaría saltar de un avión con un paracaídas gratis o el más económico que pueda encontrar?

No todos los abogados defensores son iguales. ¿Si tiene una enfermedad grave, preferiría encontrar a su propio médico con experiencia o ir a la clínica de salud pública? Encontrar un buen abogado es como encontrar un buen mecánico o un buen doctor. Existe una diferencia entre ser bueno en publicidad y ser bueno en el tribunal. En nuestro bufete de abogados, todos somos ex fiscales. Hemos hecho esto para el otro lado, sabemos cómo piensan los fiscales y sabemos cómo abordan los casos. La verdad es que la mayoría de los casos se resuelven mediante negociaciones y acuerdos de declaración de culpabilidad. La verdad es que conseguir un buen trato no es un accidente. El fiscal debe saber que existe una posibilidad real de que pierda el caso. Los buenos negocios provienen de negociar desde una posición de fortaleza, no de debilidad. Si tiene el defensor público, es probable que nunca se reúna con él hasta el día del tribunal. Ahora no es el momento de intentar y ahorrar dinero.

No cobramos por una consulta. Bob Foley habla español con fluidez, y si Ud. solo habla español, es importante poder comunicarse con su abogado en su idioma nativo. En el condado de Lee, tenemos oficinas en Ft. Myers y Cape Coral. También tenemos oficinas en Punta Gorda y Sarasota si vive más al norte. Sean O’Halloran anteriormente ha procesado tanto en Lee como en el condado de Charlotte. Peter Aiken fue un ex fiscal federal y los tres tienen décadas de experiencia en el sistema de justicia penal. Al elegir un abogado, haga su tarea. Lea más sobre nuestras calificaciones individuales haciendo clic en las pestañas de abogados.

Llame para una consulta gratuita en Ft. Myers, el Cabo, Punta Gorda o Sarasota

Fort Myers Office
Phone 239-334-8890

Cape Coral Office
Abogado habla español con fluidez
Para Más Información
Phone: (239) 984-4994

Punta Gorda Office
Phone: 941-639-6009

Sarasota and Bradenton Office
Phone: 941-366-3506

¡No quise hacerlo!

Aiken O’Halloran and Foley
Ft Myers 239-334-8890
The Cape 239-984-4994
Se habla espanol
Charlotte 941-639-6009
Sarasota 941-366-3506

Si ha sido arrestado y acusado de agresión doméstica, es probable que se arrepienta de dejar que las cosas se salgan de control. La policía no tiene tolerancia cuando se trata de peleas entre un esposo y una esposa y si alguien llama al 911, alguien irá a la cárcel. La mayoría de las veces, es el hombre quien es arrestado, pero a veces, la esposa, la madre o la novia es la que es llevada a la cárcel. Un arresto por agresión doméstica tiene terribles consecuencias. La mayoría de las veces, el juez, antes de que la persona sea liberada bajo fianza, impone como condición de fianza una orden de no contacto. Esta es una situación terrible para la familia porque la mayoría de las veces, el esposo no tiene a dónde ir. La mayoría de las familias trabajadoras no pueden pagar para dos lugares en donde vivir. Muchas veces, debido al arresto, el esposo pierde su trabajo. Los tribunales a veces establecen fianzas muy altas y la familia tiene que gastar mucho dinero para sacarlo de la cárcel.

En algunas situaciones, los cargos pueden ser graves. Si hay una lesión grave, puede haber un arresto por agresión agravada, un delito grave. Si algo se usa como arma y se arroja, o si una persona golpea a otra persona con un objeto como un teléfono o una sartén de cocina, se puede cargar un delito grave. La carga depende de qué tan grave se lastime una persona y de si se usa o no un arma. ¿Cómo ocurren estas cosas?

Como abogados experimentados en defensa criminal, hemos encontrado que la mayor parte del tiempo, el alcohol está involucrado. A veces, los celos son la causa. A veces las buenas personas son arrestadas como resultado de enojarse y perder el control. Nuestro objetivo es resolver el problema. Con suerte, la familia puede reunirse y salvarse. Nuestro objetivo es lograr que las personas se ayuden y evitar que sean castigadas con dureza. El Defensor Público no maneja audiencias para levantar órdenes de no contacto. Necesita su propio abogado privado para ayudarlo a superar esta crisis. No cuesta nada hablar con nosotros. Llamenos hoy a los números a continuación para una consulta confidencial.

Para Más Información Robert Foley 239-334-8890
Contratar a un abogado puede ser su decisión más importante

Under the Influence….Under Arrest…and Under Represented

Aiken O’Halloran and Foley
Ft Myers 239-334-8890
The Cape 239-984-4994
Charlotte 941-639-6009
Sarasota 941-366-3506

January 2018

Ft Myers DUI-DWI Attorneys

If you find yourself in that situation, it can get worse. Having a good lawyer can make a huge difference in the outcome. Some people, even though they can afford to hire their own attorney allow themselves to be represented by the Public Defender, simply to save money. Losing your driver’s license can cost you your job. It will affect your insurance rates and possibly keep you from even getting insurance. If you are in the United States illegally, you may find yourself in trouble with ICE. If you have a prior DUI, or if you are driving with no license, or worse yet, driving on a suspended license, you may be looking at doing time in jail. Now is not the time to be looking for a free lawyer or the cheapest lawyer you can find.

Would you want to jump out of an airplane with a free, or the cheapest parachute you could find?

Not all criminal defense lawyers are the same. If you have a serious illness, would you rather find your own experienced doctor, or go to the public health clinic.

Finding a good lawyer is a lot like finding a good mechanic or a good doctor. There is a difference between being good at advertising and being good in the courtroom. At our law firm, we are all former prosecutors. We have done this for the other side, we know the way prosecutors think and we know the way they approach cases. The truth is, most cases are resolved through negotiations and plea deals. The truth is that getting a good deal is no accident. The prosecutor has to know that there is a real chance he will lose the case. Good deals come from negotiating from a position of strength, not weakness. If you have the public defender, chances are, you may never even meet with him until the day of court.

Now is not the time to try and save money.

We do not charge for a free consultation. Bob Foley is fluent in Spanish, and if you speak only Spanish, being able to communicate with your lawyer in your native language is important. In Lee County, we have offices Ft. Myers and in Cape Coral. We also have offices in Punta Gorda and Sarasota if you live further north. Sean O’Halloran formerly prosecuted both in Lee and Charlotte County. Peter Aiken was a former Federal prosecutor and all three have decades of experience in the criminal justice system. In choosing a lawyer, do your homework. Read more about our individual qualifications by clicking on the attorney tabs.

Call for a free consultation in Ft. Myers, the Cape, Punta Gorda or Sarasota

Fort Myers Office Lee County
2257 Cleveland Avenue
Fort Myers, FL 33901
Phone 239-334-8890

Cape Coral Office Lee County
3729 Chiquita Blvd S,
Cape Coral, FL 33914

Para Más Información
Phone: (239) 984-4994

Punta Gorda Office Charlotte County
214 Wood Street
Punta Gorda, FL 33950
Phone: 941-639-6009

Sarasota and Bradenton Office
2060 Ringling Blvd
Sarasota, FL 34237
Phone: 941-366-3506