The Cops are Listening

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Most people do not realize that the cops are recording what they say….STFU!
When a police officer stops you for a traffic offense and approaches your vehicle, he most likely is wearing a recorder and most of the time, there is a video that goes with it. He is recording what he says to you and your responses. This is particularly true in a DUI case. If your speech is slurred, they will have it as evidence. If you are toasted, high or drunk and not making sense, it will all be preserved for the prosecutor to use in your trial. Smile, you are on candid camera…..
If you get arrested and are placed in the police vehicle, chances are, there will be a video of what you are saying and doing in the back seat, even if the officer is not in the car. When two people are arrested, they put them in the police car in the back seat and walk away. They do this on purpose so one or the other will say something incriminating. As a Sarasota criminal lawyer, I can’t tell you how many times in a drug possession case the key evidence of knowledge turns out to be something that was said while you were under arrest in the back seat.
When you are in or at the jail, your phone calls are recorded. If you call your wife, husband, parent or a friend, it is being recorded and the Sheriff’s attorney or the prosecutor will later listen to what you said. If you get arrested for a sex offense or a sex crime like Internet solicitation of a minor or traveling to meet a minor in one of the sex stings, I can guarantee that the police will be listening and recording your phone calls looking for incriminating evidence.
Keep your mouth shut no matter what. The right to remain silent is golden. Exercise that right. The walls have ears, even in jail. You have no right to privacy when you are in custody. Everything you say and do, even in your own cell can be recorded.
They are not supposed to listen to jail calls to an attorney but they do. They will deny it, but they do.
If you want to talk to an attorney, have him come to jail and have a face to face meeting. Most attorneys like myself will come for an initial consultation at no cost.

If you have questions about your arrest, your criminal case or your rights, call me Attorney Peter D. Aiken today at 941 366 3506

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A New Test for Synthetic Drugs

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In Washington DC, pre trial services announced that as a result of a pilot program a decision has been made to purchase and use a new machine that will test for the presence of synthetic drugs like Bizarro, Scooby Snax and K2. In the past, because of the cost of the machine when people were on pre trial release or probation the machines tested for only actual cannabinoids. That has all changed. This came about as a result of a study where urine samples given by people on probation were retested with the new machine. The new test revealed that 50% of the people tested for actual cannabinoids that came up clean, when retested, came up dirty for the synthetics. That machine is now available to other law enforcement agencies and will be in use soon.
What this means is that if you are on probation in Ft. Myers or Sarasota, it may no longer be safe to assume that if you use the synthetics you are safe and will test clean. The new test costs the state only about $3.50 per test. I expect to see an increase in the number of probation violations over the next year. The bottom line is that if you continue to use, even the synthetics, you are at risk of a probation violation arrest. The real problem is going to be for the people on pre trial release.

A positive for a synthetic can result in your arrest and return to jail for a violation of the terms of your release.
If you are on probation and still use, you are running a risk of being picked up on a violation and will have to sit in jail until a probation violation hearing weeks later. I know it is tough if you have been smoking weed for years, but if you catch a break and get probation, don’t screw it up by using even a synthetic. Many of the employers who routinely screen employees for drugs can now test for the synthetics for just $3.50. It would be a shame to lose a good job in this market for smoking a synthetic.

Our criminal defense firm regularly handles probation violations in Lee, Charlotte and Sarasota County.

Many are for dirty urines. If a loved one has been picked up on a VOP or you think you are going to have a problem when you go in for your next report, call for an appointment. Remember, the best way to not get violated is to stop using.
Call 239 334 8890 in Ft. Myers or 941 366 3506 in Sarasota for a free consultation.

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Homicides and Shootings Increasing in Southwest Florida

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Call 239-334-8890 in Fort Myers

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There has been a dramatic increase in violent crime in Manatee, Sarasota, Charlotte and Lee County
The recent double homicide in Bradenton of the two young store clerks is just an example. In Tampa Ybor city has seen a spike in violent crime. There has been an increase in gun charges for carrying concealed firearms as well as possession of a firearm by a convicted felon. No one knows what is fueling this increase in violent crime. In the past, much of the violent crime was associated with the drug trafficking. Drug deals gone bad and robberies of the drug dealers accounted for much of the violent crime. There does not seem to be a dramatic increase in the domestic violence related gun or assault charges or road rage. It looks like armed robbery is the main cause.
On the one hand, there is an argument that there are too many guns readily available to the public. The other side of that argument is that in our violent society there is all the more reason to have a firearm for personal protection. I am a strong advocate of the concealed carry laws. The simple fact is that you never know what situation you are going to face in your day to day life. Simply going to a movie can put you at risk. Between the jihadists, the whackos, the robbers and the psychos, carrying a gun to me seems like a good idea. Responsible gun ownership and responsibly exercising your right to carry a firearm with a concealed weapon permit may someday keep you from becoming a victim yourself.
As a criminal defense lawyer, I regularly defend people who are wrongfully accused with firearm crimes. The stand your ground law is misunderstood by the public, and recent Court cases convey the wrong impression.
If you or a loved one gets arrested or charged with a gun crime and you want to talk with a lawyer that understands the importance of self defense, you can call for a free consultation at 239 334 8890 in Ft. Myers or 941 366 3506 in Sarasota

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