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. 

Major Child Pornography Arrests in Polk County

Attorney Peter D Aiken
State and Federal
Child Pornography Defense Attorney

Sheriff Grady Judd was on television again announcing the arrest of sixteen men in the latest Polk County kiddie porn bust.

The details have not emerged but it is believed the Sheriff’s department ran a child pornography sting. All across Florida there has been a major crackdown on anyone possessing or distributing child pornography. The latest operation was labeled “Operation Guardians of Innocence”. Many of the men arrested were charged with multiple counts. The penalties are huge for possession and even worse for distribution. Under the Florida sentencing guidelines, the State Attorney can run the penalties through the roof simply by the way the case is filed.

In Sarasota, the prosecution has been filing 40 counts in each case running the sentencing guidelines up over the twenty year mark. Yes, a person can go to jail for decades for just looking at pictures. I have been fighting hard against what I call guideline manipulation. Many men charged with possession of child porn are getting sentences that are longer than if they actually molested a child. It is pretty bad when you can do more time for looking at a picture than actually doing the act.
In the sex stings, the police can often tempt men into sending “dick pics” to what they think are young girls.

The best way to not get charged with a crime is to not commit the crime. Never send a picture of your penis to anyone. Absolutely never send an inappropriate penis shot to anyone even remotely a minor.

The best policy is to never send one to anyone. Gay men are particularly at risk when it comes to sending or receiving illegal pics. The police undercover detective will go on a gay adult dating site like “Grinder”. After engaging another man in chat, they will casually mention that they are really a minor. If a “dick pic” is sent after that, the person sending the pic can and often is arrested for transmission of material harmful to a minor or solicitation of a minor. Never travel to meet a minor and demand proof of age for everyone.

Over the years as an experienced sex crime attorney I have handled many child pornography cases all over Florida. These cases can be defended but it takes a real knowledge of the Internet, computer transmissions and the tactics and techniques used by the police.

About: Attorney Peter D. Aiken

If you or a loved one have been arrested or are under investigation for possession of Child Pornography or sharing Child Pornography in Florida and need to talk, give me a call at 941 366 3506. My criminal defense offices are in Sarasota and Ft. Myers but we handle cases in multiple counties throughout Florida

Con los años yo he llevado muchos casos de pornografía infantil en la Florida. Estos casos se pueden defender pero se necesita un conocimiento real de la Internet, transmisiones de computadoras y las tácticas y técnicas utilizadas por la policía. Si usted o un ser querido ha sido detenido o está bajo investigación por posesión de pornografía infantil en la Florida y necesita hablar, llamame a 941 366 3506. Mis oficinas de defensa criminal están hubicados en Sarasota y Fort Myers pero manejamos casos de múltiples condados en la Florida.

Ft. Myers at 239 334 8890
Punta Gorda at 941 634 6009
Sarasota at 941 366 3506

Click the Website Links Below:

The Sex Offender Defender

Florida Child Pornography Lawyers

Sex Sting Lawyer

Child Pornography Sting Lawyer

Related Articles:

Operation Guardians of Innocence

Polk County detectives arrest more than 12 in undercover child porn sting