Christmas Party DUI Arrests

Here in Ft. Myers and Cape Coral over the next two weeks Driving under the Influence arrests are going to spike.  In the days before Christmas, many of us are attending holiday office parties and Christmas gatherings.  Many people who normally do not drink will have one or two drinks and become impaired.  For people who are not used to alcohol, it only takes a little bit, one or two drinks, to affect their ability to drive.  This is particularly true for non drinkers.  People can build up a tolerance to alcohol and some people can function after three or four drinks, where some become impaired after just a little bit of alcohol.

If you find yourself arrested for DUI over the holidays, it is probably because of a bad decision to drink and drive.  You now face an important decision on getting legal representation and hiring the best lawyer for a DUI is critical.  Not all lawyers understand the complexities of DUI law.  Imagine how losing your license for six months or a year will change your life.  Imagine how it will affect your job, your insurance rates and your family.  There will be checkpoints over the holidays here in Lee County and many people are going to get stopped and many will be charged with driving under the influence.  Who do you hire to represent you?

Some people either do not have the funds to hire a good dui lawyer or cannot raise the money and will use the Public Defender.  Sadly, the Public Defender deals only with the criminal aspects of the case and not many of the license pitfalls that occur administratively.  Having your own private DUI lawyer is critical to getting a good result that covers both your criminal case and your license issues.  At Aiken and O’Halloran, we have decades of experience in defending DUI arrests.  It is important to understand the consequences of pleading guilty.  Even if deep down you really were impaired, resolving your case for a lesser charge may be possible.  If there was a collision, or worse yet an injury, it is critical to avoid a conviction if at all possible.

Most law firms, including ours, do not charge for a free consultation, and there are many time deadlines you may miss if you wait until your court date to consult an attorney.  Hiring a lawyer should not be based on advertising alone.  Sean O’halloran, here at Aiken and O’halloran will be more than happy to answer questions you may have on how to go forward.  Experience does count when it comes to defending DUI cases, you may have defenses you are unaware of.  Do not assume you are “legally guilty” and simply plea guilty at your first arraignment.  If you need information on the options and decisions you now face, we can help you in that process.

Profile Stops, Illegal detentions and bogus drug arrests

Were you stopped, searched and arrested in Ft. Myers of Cape Coral?  Did the police make it look like a routine traffic stop?  Did the officer claim he smelled marijuana?  Did they bring a drug dog?  Did they claim your tint was too dark or your tag light to dim?

The police often make up reasons to make a profile stop to justify a detention and search of a vehicle. They know what to say and what to put in their reports.  They know how to make an illegal stop look legal.  The simple fact is, if you look out of place in the neighborhood, or are in a high crime area, they will find a reason to stop and search your car.  They are not supposed to make racial profile stops, but they do.  They will disguise it as a traffic stop for rolling through a stop sign or failing to signal a turn.  They will find a reason.  They may claim they smell marijuana when they come up to the car.  They may then ask to search or take their time writing a bogus ticket while the drug dog is one the way.

Having an experienced drug lawyer, a criminal defense lawyer, experienced in handling illegal stop cases is important.  You need a lawyer that knows the law when it comes to illegal searches and seizures.  You may be able to get all of the evidence suppressed and win the case.

Many people do not know the law.  Many people go to the Early Resolution Court (ERC) and jump at a probation offer, not knowing that they may have had a very valid defense.  The Courts want to move the docket.  The public defender may have a lot of cases.  The prosecutor may have a lot of cases and there is subtle pressure to move things along.  You really should know your options before you jump at a probation offerMost criminal defense law firms do not charge for a free consultation.  At our firm, the initial consultation is free.  You need to look before you leap because probation may ultimately not be the right thing for your lifestyle.

If you want an unbiased evaluation of your facts and the law, feel free to give us a call and discuss in confidentiality the fact surrounding your stop and arrest in Ft. Myers, Lehigh or the CapeGive us a call at 239 334 8890

Destroy your bump stock now or face a Federal Felony

If you own or possess a bump stock for an AR-15 or AK-47 rifle you could face Federal arrest and prosecution if you do not immediately destroy it.  The ATF has posted diagrams of the acceptable way of destroying them.  You may have paid good money for one of these devices, but if you get caught with one, you are facing penalties for illegal possession of a machine gun.   This can land you in Federal prison under the Federal Sentencing Guidelines.  It is simply not worth it.  Destroy them now

As a Federal criminal defense lawyer I am advising you to destroy them now.  What you face in terms of arrest, jail time and legal fees is simply not worth it.  You may be thinking, “no one knows I have it”, “I hate to throw away the money”, but, you have to bite the bullet and permanently get rid of it by way of destruction.  Do not try and sell it or even give it away. You can expect the ATF to begin tracing the people who purchased these over the Internet.  Basically, the Feds have determined that there is no legitimate domestic need or use in making a select fire assault rifle fully automatic.  The Las Vegas mass shooting is responsible for this clarification of the law.

Over the years, at our Ft. Myers criminal defense firm we have handled many types of firearms cases, including silencers and other types of destructive devices.  The Federal Courts come down hard on these types of violations and it is not worth going to jail for possessing something that you think is “cool”.  The same goes for silencers.  I have been in Court when a Federal prosecutor argues to a judge that a silencer is an instrument of death.  People claim that there is a legitimate use in hunting or target practice, but the truth is that these weapons are intended for one primary purpose.  I am a believer in the Second Amendment and handle lots of firearms cases, but you really need to think twice about violating a Federal firearms law.

Many people are not going to comply with this new regulation.  If you illegally possess one of these devices, you run the risk of accidently getting caught with it in your home or in your car.  If you are reading this blog too late and need help give us a call at 239 334 8890

Do I need a lawyer for Early Resolution Court in Ft. Myers?

If you were arrested for a felony in Ft. Myers or Cape Coral, at your first Court appearance the judge may have discussed Early Resolution Court with you.  Resolving your case this way may or may not be a good deal.  You may be tempted to save the money, and not hire a  Lee County criminal defense lawyer and take your chances on resolving the case by yourself.  That could be a huge mistake.  The early resolution Court is designed to expedite the court process and unfortunately, the “quick and easy” resolution may not be the best.  As an experienced criminal defense attorney, I must emphasize,  you need to know that whatever decision you make, needs to be an informed decision, where you weigh you understand your options.  You may have been falsely arrested or falsely charged You may have been illegally stopped or illegally detained and illegally searched.  You may not have been properly advised of your rights.  You may have been in a car or house with someone else, and the drugs found may not have been yours.  You may have a good solid defense and not know it.

Some people, even though they can afford their own lawyer, to save some money, use the public defender.  The simple truth is, the public defender is many times overwhelmed with an enormous caseload and does not have the time for a simple one on one interview in his office.  Have you tried to get in touch with the public defender lately?  Before you make any decision that can impact your life, you need to sit with an experienced lawyer.  You need to have a detailed discussion about the facts of your case as well as your personal history.  Probation may be nothing more than a trap for you, depending on your lifestyle.

Early resolution Court is not a bad thing, but before taking that leap, talk to a good qualified private lawyer.  An initial consultation, either over the phone, or in person at most lawyers offices costs nothing.  There may be consequences to a quick and easy plea that can get overlooked.  Some crimes can result in a driver’s license suspension.  Some crimes have penalties that increase with each conviction.  Some crimes have immigration consequences.

Hiring a good criminal defense lawyer is an important decision that should not be based on advertising alone.  Check out our qualifications and experience and if you want a free confidential consultation, give us a call at 239 334 8890

Who is the best criminal lawyer in Charlotte County?

Most lawyers advertise, and as in all of business it is difficult to determine whether or not the service will live up to the claims in advertising. If you want to find the best DUI lawyer in Punta Gorda or the best criminal lawyer in Port Charlotte the first step is to decide what type of lawyer you are seeking.

Many times, it depends on the type of case. Some lawyers specialize in traffic tickets, DUI cases and misdemeanors. Other lawyers handle mostly felonies and serious cases. Choosing the best lawyer depends on your specific needs.

All lawyers are not created equal. Some lawyers have years of experience and some have relatively none. Some criminal law attorneys have a background as a former prosecutor, former law enforcement officer or other special skills, in addition to the minimum qualifications for being eligible to practice law. Would you want a “ticket lawyer” handling a serious felony charge like trafficking in drugs, DUI homicide or some charge carrying a minimum mandatory sentence in State prison?

You need to go beyond the lawyer’s ad and actually Google the lawyer. If you are dealing with a firm, how long have they been in business? How many cases have the lawyers handled? What type of cases do the generally handle? Although reviews are helpful, as we all know, reviews can be manipulated. Nothing beats an in person interview with the lawyer. Meet and see him in person. As you talk to the lawyer, ask pointed questions. As yourself, is this the lawyer I want standing beside me in the courtroom? Can I trust my freedom to this lawyer?

If you get charged with a sex crime, and are facing thirty years or possibly life, would you want a lawyer that has handled lots of sex crime cases? If you have a probation violation in Punta Gorda, would you want lawyers that have been there for ten years, knows the system, and have handled hundreds of similar cases?

The bottom line is, do not choose a lawyer based solely on advertising.

If you want the best, do your homework. Some lawyers specialize in advertising and simply refer cases to other lawyers for a living. They seldom if ever show up in Court. If you are looking for the “real thing”, spend a few hours on the Internet researching their qualifications and experience. Do not shop for the cheapest lawyer when your freedom is at stake. Do not opt for the public defender if you can afford your own lawyer. Do not fall for the trap of probation if a good lawyer could have won your case. Would you want to buy the cheapest parachute? Do you want the cheapest life raft? Chances are, a mistake in judgement got you into your current situation. Don’t make another mistake by hiring the wrong lawyer.

Click here: To Visit Our Aiken O’Halloran and Foley Criminal Defense Website and Arrest Me

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

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: website