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. 

Covid19 stay at home Stress = Domestic Violence

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

April 9 2020

As if things were not tough enough, losing a job, dealing with unemployment and not being able to go anywhere, more and more people find the stress unbearable and take it out on the people they love.  Domestic battery arrests are up and that makes things a thousand times worse.  If you get arrested for domestic battery (fighting with your wife, your girlfriend or other loved one), chances are the judge will enter a no contact order.  That means you cannot go home and have to find somewhere else to live.  And where do you get the money for that?

Being jobless and broke is bad enough, a no contact order is a disaster.  Some people deal with the stay at home stress with alcohol.  News flash…Alcohol is a depressant.  If you were not stressed before, dump a few beers on top of the stress, and your world is a thousand times worse.  Most spouses do not intend to fight….it just happens.  A lot of times, neither one or the other calls the police, and it is a neighbor who hears the shouting and yelling that calls the cops.  When the cops come, they have a zero tolerance policy and someone is going to jail.  Most of the time, it is the guy. 

Our job as Ft. Myers criminal defense lawyers it to try and minimize the consequences of whatever bad decisions you have already made.  Our goal is to get the charges dropped if possible.  We want to get the family reunited and get things back to normal.  Often a wife or girlfriend will initially exaggerate what happened making things sound much worse than it really was.  A domestic violence arrest is like a snowball rolling down the hill.  Once it gets going, it is hard to stop.  Our job as a Lee County defense attorney is to make that happen.

SEAN O’HALLORAN

Many times we may be able to present a good argument to the prosecutor as to how and why the dispute occurred.  Domestic battery does not mean someone has to be hurt.  A simple push, a nudge or a poking of the finger can get someone arrested.  As a criminal lawyer, I once handled a case where the husband threw a cup of cold coffee on his wife.  No injury at all, but he got arrested anyway.  Many times the husband is just trying to restrain a wife who has gone nuts over alcohol or jealousy, or worse yet, both.  We often get hired by the very person they say was the victim.  Cooler heads the next day sometimes prevail.  If you or a spouse got arrested for domestic violence, simple battery, or worse yet, aggravated battery and want to discuss the situation confidentially, give us a call. 

Sean C. O’Halloran Experienced Ft Myers Criminal Defense Attorney

239-334-8890