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. 

More Arrests Coming of Possession of Child Porn in Florida

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If you were caught in an internet child pornography sting with possession of child pornography “Click Here” to visit our website
Law enforcement all across Florida has geared up and is now aggressively pursuing child pornography investigations, particularly cases involving peer to peer file sharing applications. They are now using modern computer technology to document and track kiddie porn to each and every computer. Innocent people can find themselves under investigation even if they have not done anything wrong. There is a problem with Comcast Infinity. Did you know that Comcast now makes your home a public “hot spot”? Take a look at the Comcast Infinity commercial now running on television. They advertise “millions of hot spots”. This is a huge problem for the general public. If your IP address is a public “hot spot”, a neighbor or even someone parked on the street can access child pornography using your IP address and to the police, it looks like it is coming or going to your house.
All Child pornography images have “hash values”. Law enforcement has identified thousands of existing images by these hash values. If a computer sends or receives a video or a photograph of child pornography, that fact is recorded and now law enforcement, using advanced technology can track incoming and outgoing images directly to households. For all you know, a member of your household could be viewing illegal images without your knowledge. They can view internet child pornography delete it and it is still on your computer. Your next door neighbor could be using your IP address without your knowledge and before you know it, the Sheriff or the FDLE will be at your door. There is a major push going one right now coming down on possession of internet child pornography, downloading child pornography and viewing internet child pornography in Manatee, Sarasota and Lee Counties and over the next several months there are going to be a lot of arrests. Do not become an innocent victim.
In America, you have the right to remain silent and the police are supposed to advise you of your rights. They get around this by tricking you into talking and not telling you about this important right. Never submit to a police questioning without talking to a lawyer first. The truth will not set you free and what you say can be twisted and deemed to be an admission. If you think you are under investigation for possession of child pornography or transmission of child pornography or if a loved one has been arrested on a possession of child pornography charge, call today for a free consultation with an experienced Sex Crimes Attorney : Sarasota 941 366 3506 Bradenton 941-366-3506 and Fort Myers 239-334-8890

Sarasota – Bradenton: “click here to visit our website”

Lee County : “click here to visit our website”

Child Pornography and the Internet

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Click “Here” to visit our Child Pornography Sting Lawyer Website

Viewing, downloading or sexually explicit images or kiddie porn can get you arrested and put you in State Prison or Federal Prison for many years. Many people do not understand how computers store information, particularly when it comes to sexually explicit images of minors.
If you accidentally download child pornography, what do you do? Hitting the delete button will not remove it from your computer. It simply removes the history or directory to the image. The highly illegal image is moved to the “unallocated space” section of your hard drive where it can later be recovered by law enforcement forensic experts. There are a few golden rules. First, never take your computer to law enforcement. They will probably arrest you for possession of child pornography. Never attempt to send the image somewhere else. It does not get it off your computer and you may get charged with transmission of child pornography. Never take it to a computer shop like Bests or some local computer expert. They will report you to the FBI or the police.
One possibility is to re-format your hard drive or re-write over all the unallocated space. There are commercial software programs that can accomplish this.
The FBI and the sheriffs department regularly monitor activity in P2P file sharing services. If you visit sites like Limewire or Frostwire and accidentally download kiddie porn you for sure don’t want to get charged with possession or transmission of child pornography.
Not all criminal defense attorneys understand computers and the internet. As a sex crime defense lawyer I have questioned and cross-examined law enforcement forensics experts. You may be able to show that it was an accident or unintentional act. Do not become a registered sex offender for life.
If you have questions, call my criminal defense firm for a free consultation or you can visit my sex crime website at the I do sex crime defense throughout Southwest Florida in Lee, Charlotte, Sarasota, and Manatee counties 941-366-3506

Click “Here” to visit our Child Pornography Sting Lawyer Website