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

Cocaine Arrests in Ft. Myers and Cape Coral on increase

Sean C. O’Halloran Experienced Ft Myers Criminal Defense Attorney 239-334-8890

 February 11 2020

Cocaine Arrests in Ft. Myers and Cape Coral on increase

Here in Ft. Myers, arrests for possession and sale of cocaine seem to be on the rise.  That could be because there is more cocaine in town or because of increased law enforcement efforts.  With the coming Spring Break there are going to be cocaine arrests of party go-ers. When the quantity exceeds certain amounts, the State will file “trafficking in cocaine” which jacks up the penalties.  Another technique the police use is to try and get someone to sell cocaine within a thousand feet of a school also to increase the sentence.  If they are successful in making a “buy”, they will also go back to the seller over and over to run up the charges and increase the sentencing guidelines.  If they can make a cocaine bust and get cocaine and guns to together, sometimes they file armed trafficking, again to run up the penalties

A drug arrest can ruin a college career.  It doesn’t have to be a hard drug like Cocaine or Heroin.  It can be a designer drug or even prescription drugs like

With the new technology, police can install surveillance cameras in high crime areas that can go un-noticed for months to watch for “street dealers” and unusual activity between cars and people walking up to cars. For Spring Break, the police may even put surveillance cameras on poles at Ft. Myers Beach.  You may just be hanging at the beach, drinking and partying and not even know the police are watching.

 The most common cocaine arrest is for possession and this generally occurs when the police find cocaine on a person they are arresting for something else.  A person may get arrested for DUI or arrested for driving on a suspended license, or public intoxication, and when they go to tow the vehicle and inventory the car, the cops often find drugs.  As a Ft. Myers criminal defense lawyer, I have had cases where a woman gets arrested for a small quantity of cocaine found in her purse she has totally forgotten about.  It may have been there from her partying weeks or months before.  You know how cluttered women’s purse can be.  It can just be a tiny amount of residue in a tiny bag.

The same goes for men.  It may be in a jacket or pants pocket, totally forgotten from months before.  As a criminal defense lawyer handling cases here in Lee County, I have had cases where a relative or friend borrows a car, a coat or piece of clothing then only to get arrested for something they had no idea was in their “possession”.

So, what is “Possession’?  You can have actual possession where the drug is on you, and you can get charged with “constructive possession, when the police find cocaine, pot, or some other drug in an area under your control, such as a car or hotel room.

Do not assume that because you have been arrested you will be found guilty.  Your car stop may have been illegal.  The search of your room may have been illegal.  If there was more than one person in the car you may have a fantastic defense.  Before you take drug court or some diversion program or probation, you really need to talk to a good criminal defense lawyer.

It may be weeks before a public defender actually has an office visit with you to discuss the specific facts of your case.  Sometimes “Diversion” or “Probation” can be a trap.  This is particularly true if you are a regular “user”.   Talking to a good criminal defense attorney may keep you from making a terrible mistake Most private lawyers don’t charge for a free initial consultation . If you are under investigation for possession of cocaine in FortMyers or have been arrested in Ft. Myers for cocaine possession and would like to know what you can do next…

“CLICK HERE” to Contact Attorney Sean O’Halloran Today

Channel 2 Ft Myers Related article

I cannot afford a lawyer….Will one be appointed for me?

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

February 7 2020

I cannot afford a lawyer….Will one be appointed for me?

On television shows you hear the police advising people of their rights saying “and if you cannot afford a lawyer, one will be appointed for you.  It is on the Miranda card that you see police reading to people.  Well, television is not reality and most of the time, the cops do nothing to get you a lawyer at the most critical time you need one…before they question you.

If you are under investigation or think you are going to get arrested you need to talk to a criminal defense attorney before you even think about talking to law enforcement.  The Public Defender does not get appointed until you are already arrested, booked and going before a judge. By then, they may have already gotten a confession or an admission out of you.  Most criminal defense lawyers do not charge for a free confidential consultation.

This is particularly true when it comes to sex investigations or leaving the scene of an accident investigation.  The police need your admission as the final link in their case.  Nothing good comes of waiving your right to remain silent and talking to the police.  You will not talk your way out of an arrest.  The police do not have to advise you of your rights until you are in custody and by then it is too late.

Talking to a criminal defense attorney before you are contacted by the police is absolutely critical.  We run into this all the time in Child pornography investigations and cases.  The police come with a search warrant.  They will take the suspect to a police SUV in the front yard where they secretly video tape a questioning.  They then ask things like “who had access to the computer”, “who else lives here”,  “Have you ever used Bittorrent or Utorrent or a peer to peer file sharing program”?  Sometimes they do not make the kiddie porn arrest that day and merely take the computers for future forensic examination. 

Never speak without an attorney present.  Never voluntarily give up your computer unless they have a warrant.  Never give up passwords or anything until you get legal advice.  When it comes to sex crimes and sex crime investigations, the police questioning, and a person’s answers may well be the most important part of the case.  You may be facing serious prison time if you have downloaded or watched child porn.  You can get charged either in State Court or Federal Court for Internet solicitation of a minor.  An admission that you were the one sitting at the computer is often the missing link the police need.

Do not be bullied into talking.  Lawyer up and keep your mouth shut….