The “Me Too” nightmare

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

Ever since the hearings two weeks ago on the confirmation of the Supreme Court Justice, there has been an explosion of people coming forward, mostly women, claiming they were sexually abused years and years ago.

These allegations are from former employees, family members, former dates, former classmates, stepdaughters, and old girlfriends. How do you defend against someone claiming you did something years ago? The problem becomes a nightmare when the person accusing you claims that they were underage when they claim it happened. It is one thing to defend against something that they say happened last month and quite another to defend against something ten years ago.
For some crimes there is a statute of limitations that gives the State a certain number of years to file the charge. For some sexual battery crimes, particularly when a minor was involved there may be no limit as to how long the State can wait. We have been defending date rape cases for decades.

Sometimes, women do not want to take responsibility for their own actions.

They may say “I was drunk” and you should not have taken advantage of me. They may say that “we were stoned” or “under the influence” at it is your fault. I have found that many times, the accusation is simply false or both people are at fault. Over the years, I have found that many times, it is a stepdaughter simply making a false claim to get rid of her mother’s new partner.

News flash……teenage girls sometimes are drama queens and masters of manipulation. If they falsely accuse their mom’s new man, DCF is called, the police show up, the man gets arrested and gets kicked out and the real dad comes back into their life and to their rescue. They become the focus of everyone’s attention. Sadly many female prosecutors in a knee jerk sympathy reaction believe the false accusation and file the charges.

Being falsely accused of a sex crime can ruin your life. If you even get a hint you are under investigation, you need to lawyer up as soon as possible. Never make any kind of statement with seeking counsel. You have the right to remain silent, and you need to. Do not try and talk your way out of the problem, you will only did yourself a hole. The police will generally have the accuser make a controlled “recorded” call to get more evidence in the terms of some type of admission. If you are under investigation…Call a good criminal defense lawyer now.


A heroin overdose can get your child taken away

Aiken O’Halloran and Banyai
Ft. Myers Criminal Defense Lawyers
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