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.