Under Investigation? STFU and Lawyer up

Sean C. O’Halloran Aiken and O’Halloran Criminal Defense Law Office Fort Myers 239-334-8890 Sarasota 941-366-3506

There is an old saying, “The fish would not have got caught if he hadn’t opened his mouth”

That is so true when it comes to criminal investigations.  It is particularly true when it comes to sex crime investigations.  In date rape cases, in child molestation cases, often the most damaging evidence is the person’s own admission.  The cops are masters at getting you to make an admission.  In a child sex case with a 15 year old, they may say something like “she says you forced her”, only to trick you into saying “no, it was consensual”.  What the person does not realize is that a 15 year old cannot consent, and the response is an admission.

In tax investigations, in white collar crime investigations, the detective’s goal is to get an admission on key elements like “intent”.  In sales tax investigations, always  lawyer up.

If the police, or a detective, comes to talk to you, if you are not in custody, they do not have to advise you of your right to remain silent or your right to a lawyer.  Nothing  good comes of talking to a detective,  particularly if you have the slightest chance of having done something wrong.  If they ever say “you have the right to remain silent” you have to be stone crazy to say anything else.  If they say, you have the right to an attorney,  STFU, and call a good qualified experienced criminal lawyer Don’t be “penny wise and pound foolish”.  Do not wait until you are arrested to talk to a good criminal defense lawyer.

Always exercise your constitutional rights.  You will never talk your way out of trouble.  As Ft. Myers criminal defense attorneys, we do not charge for an initial consultation.  If the cops come and ask for your computer, or come to talk about child porn, say nothing other than “I want to talk to a lawyer”.  Child pornography cases are on the rise and it is the admission that later destroys a good defense. 

So how do you find the best criminal defense lawyer for you?

It depends on the type of case.  You need a lawyer that has experience in your kind of problemAt our firm, one of the partners is a former Federal agent and Federal prosecutorThe other partner is a former State prosecutor from right here in Ft. Myers.  You would not hire a great foot doctor for a heart problem.  You need a lawyer that has actual trial experience in your kind of problem. 

Arrested at Spring Break in Ft. Myers

February 13 2020

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

Arrested at Spring Break in Ft. Myers

No parent wants to get a call in the middle of the night from their college student.  College kids don’t call their parents unless they need money or have been arrested.  You may get a call in the middle of the night and hear a recording “This call is from an inmate at the Lee County Jail” and panic.  Do not panic.  We regularly represent college kids arrested at Ft. Myers Beach Spring Break for all types of cases like underage drinking, DUI, possession of marijuana, texting while driving resulting in an accident and sometimes more serious violations.  The police may tell your son or daughter “you don’t need to hire a lawyer…you are going to get Diversion”.  That may or may not be true.  An arrest, even if it ends in Diversion to some program may not be a wise choice.  If they live out of State, the “Diversion” program may not be an option and most importantly, your son or daughter may have a good solid defense that can win or get the case dismissed.

The goal is not to just keep from going to jail.  Your child needs to get the charge dismissed and any record of the arrest expunged.  A bogus arrest, even if it ends well, will still show up on their record in the future when applying for a scholarship, a job, entry into the military or some other important position.  This is particularly true if the arrest involves drugs. 

Attorney Sean O’Halloran grew up here in Ft. Myers and understands how easy it is for a kid to get in trouble doing something silly or stupid.  The reality is, college kids get into mischief and trouble and it needs to be handled the right way by a good criminal defense lawyer The money you spend now can make a huge difference in your son or daughter’s future.  It may be something like petit theft (shoplifting).  Imagine how that looks on a job application.  Sometimes it is something that can land them actually in prison.  We have handled “date rape” cases and when it comes to sex crimes or accusations of sexual battery, there is no such thing as a “simple case”.  An accusation of lewd conduct, lewd and lascivious battery or even something as simple as “improper exhibition” can change your child’s life forever.  Criminal Defense Attorney Peter Aiken has been handling sex crime cases for over thirty five years.

College kids sometimes get drunk and make bad choicesThe next choice, “who is the best criminal lawyer for my son or daughter” is one that has to be based on doing your homework.  All Lee County lawyers are not created equal.  Do your homework on how long they have been actually defending cases, not just how long they have been a lawyer or been a prosecutor.

The best way to find the best lawyer is to meet with the lawyer in person.  See for yourself.

Most Lee county lawyers offer an initial free consultation. If you or your loved ones get arrested or are under investigation this spring holiday season and would like us to review your bond options or go over your Fort Myers case and charges we are here to help.

We respect you and your privacy so all written correspondence and verbal conversations are strictly confidential.

“Click Here” to Contact Attorney Sean C. O’Halloran in Fort Myers Today

Aiken and O’Halloran Fort Myers… 239-334-8890