How much time will I do on a Florida prison sentence?

Attorney Peter D Aiken State and Federal Child Pornography Defense Attorney 941-366-3506

How much time will I do on a Florida prison sentence?

Right now, that is difficult to predict.  It depends on what the underlying offense is.  Is there a minimum mandatory sentence?  Are you eligible for gain time?

The law is about to change?  Florida Senate Bill 394 is working its way through the Senate.  If passed, it will change the amount of time served from 85% or a sentence to 65% and for many prisoners,  and that can make a huge difference in thousands of sentences.  If they make it retroactive, it will make thousands  eligible for immediate release.  The Senate is going over the language of the bill and no one yet knows what will get passed, if anything, much less whether this Governor will sign it.

Contact your Florida Senator and ask him to pass this bill.  For first time non violent offenders prison sentences increase recidivism.  Long prison sentences should only be for people who are a danger to society.

For Example, here in Sarasota, the State attorney, in child pornography cases always files 40 second degree felony charges and intentionally runs up the Florida Sentencing guidelines, making people score for decades in prison.  In Sarasota and Manatee County, on a child pornography charge, you can get more prison time than on many violent contact crime felonies.  Did you know that with one click of a mouse a person can download dozens of pictures or videos which our State Attorney files as individual separate “Counts”.  The State does this on purpose here in Sarasota and Bradenton to force the judges to impose horrible sentences.  On a forty count charge the penalty can be six hundred years.  This is crazy. This is absolute guideline manipulation and is a practice that needs to stop.  It is crazy that here in Sarasota, that you will get more time for looking at a picture than committing a real contact crime.

The State Attorney mistakenly believes that people who look at pictures go on to molest kids.  That is absolutely not true but he and some of his assistants believe it.  The truth is that many people who look at child pornography do so because they were themselves sexually molested as kids.  Sadly, here in Sarasota, the judges so far have not taken any steps to curb this abuse.

As a Sarasota sex crime lawyer, I have tried to educate some of the prosecutors and help them understand a little more about why people look at child porn.  Their hands are tied by those at the top and even if they disagree, they always file forty counts and seek life in prison on men for just looking at pictures.  Things really need to change here in Sarasota.  In the meantime, as a child pornography lawyer I will keep fighting the fight not only to win the case but to convince the judges to impose fair sentences, and not life in prison. 

They Took My Computer…Am I Under Investigation for a Crime??

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They Took My Computer….What Do I do”?

It begins with a knock on your door.  It is a law enforcement officer from the FBI, ICE or one of the other Federal criminal investigative agencies.  It may be from a local detective.  They ask if they can talk to you.  The ask permission to look on your computer or they ask permission to take your computer.  Most people relent and voluntarily turn over their computer or worse yet consent to an interview.  As an Experienced Florida Child Pornography Lawyer,never give up your computer and keep your mouth shut.

Government investigators are constantly monitoring the Internet.  The “thought police” really do exist and really are monitoring which sites you visit and what you look at and particularly what you download to your computer.  Child pornography images have identifying “hash” values, similar to fingerprints.  Google can identify child porn if it somehow goes through a Google site like Picasaweb.  If you are on a peer to peer site, you are being tracked and the hash values for certain images will lead the police to your door.

They may not have enough for a warrant to take your computer buy you may be a suspect and they may try and talk you into voluntarily turning it over.  As a Florida Child Porn Attorney, do not do it.  Call a lawyer.

Not all criminal defense lawyers are experienced in cyber crimes

As a Florida Criminal Defense Lawyer, experienced in Child Porn Criminal Defense, I have been handling sex crimes involving computers as long as there have been computers.  There are technical defenses that have nothing to do with guilt or innocence.  Just because you are guilty does not mean they can prove it. As a Florida Federal Sex Crimes Defense Attorney, confession may be good for the soul but if you confess to law enforcement, they will put your body in Federal prison for many years.  I cannot stress how very important it is to absolutely keep your mouth shut.  When you hear those very ominous words “you have the right to an attorney”, shut up and call a lawyer.  You cannot talk your way out of an arrest or out of jail.  The only way legally they can put you “behind” the computer at the time of a crime, many times is with your own admission.  You may be in a house where many people have access to the computer or have an unprotected router and the police may not be able to prove who downloaded a particular image.  Don’t talk yourself into jail.

If you have been contacted or a search warrant has been executed and your computer seized I suggest you call  941 366 3506 24/7 or send me a confidential email to with contact information and view (by clicking) the “ABOUT” at the top of this page to see my 40 years experience and credentials. All Replies below are strictly confidential and never public.

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Call immediately for a free consultation…better safe than sorry.