Aiken & O'Halloran, Criminal Defense

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Aiken & O'Halloran, Criminal Defense
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Proven Winners
In Criminal Defense

Criminal Defense Attorney Fort Myers

Last updated on May 16, 2025

When facing criminal charges of any kind, you need a skilled legal advocate on your side who knows what it takes to get your charges dropped or reduced. Many individuals make the mistake of not fighting their charges, trying to defend themselves, or hiring an inexperienced law firm to represent them. Don’t make those mistakes. Contact the criminal defense team at Aiken & O’Halloran today.

Our Fort Myers criminal defense attorneys bring a wealth of experience and knowledge to every case we take on. Not only do we have 50 years of combined experience; we also have a former prosecutor and a former federal agent on our team. This extensive experience on both sides of criminal cases has enabled us to develop strong and effective defense strategies for thousands of satisfied clients.

For a free initial consultation, call us in Fort Myers at 239-955-6715 or complete our contact form. The sooner we can get involved in your case, the sooner we can start fighting for you.

We Have Helped Thousands Of Clients Facing All Types Of Criminal Charges

From traffic offenses to violent crimes, whether in the adult courts or the juvenile court system, our criminal defense firm is equipped to defend against the charges you are facing. We are committed to protecting your rights and freedom, and we encourage you to contact us today if you have been charged with or are being investigated for any of the following:

The Critical Importance Of Remaining Silent During Police Investigations

Many people believe they can talk their way out of trouble or that remaining silent makes them appear guilty. However, this misconception has led countless innocent individuals to inadvertently incriminate themselves. The Fifth Amendment to the U.S. Constitution provides protection against self-incrimination, a right that becomes invaluable when interacting with law enforcement officials in Fort Myers and throughout Florida.

During a police investigation, officers are permitted to use various interrogation techniques designed to extract information. They may claim they just want to “clear things up,” suggest they have evidence they do not actually possess or imply that cooperating now will result in leniency later. These tactics are specifically designed to encourage you to waive your constitutional rights and provide information that could be used against you, regardless of your innocence.

When approached by police, you are only legally required to provide your name, address and date of birth in most circumstances. You are not obligated to answer questions about where you were going, where you have been, what you were doing or who you were with. Even seemingly innocent explanations can be misinterpreted, taken out of context or contradicted by other evidence, potentially transforming you from a witness into a suspect.

The proper response to investigative questioning is straightforward but powerful: “I respectfully decline to answer any questions without my attorney present.” This statement invokes both your Fifth Amendment right against self-incrimination and your Sixth Amendment right to legal counsel. Once you make this declaration, police are legally required to cease their questioning until your attorney is present.

This approach applies regardless of whether you have been formally arrested, detained for questioning or approached casually on the street. Many people mistakenly believe Miranda rights only apply after an arrest, but protecting yourself begins the moment any interaction with law enforcement occurs.

Even if you are completely innocent, remember that anything you say can be misconstrued or reinterpreted in ways you never intended. At Aiken & O’Halloran, we have witnessed numerous cases where well-intentioned statements made without legal counsel present resulted in serious criminal charges.

How You Can Benefit With Us On Your Side

The goal of hiring a criminal defense attorney is to have someone on your side, fighting to protect your rights and developing a compelling case in your defense. Your attorney should also keep you updated with what is happening with your case, as well as ensure that you understand the legal process. At Aiken & O’Halloran, you get all this and much more.

The advantages of working with our legal team include:

  • We understand all aspects of criminal law and court procedures applicable every type of criminal case.
  • We have the knowledge and resources to examine all the facts and evidence in your case, and provide the appropriate legal representation.
  • We are know the prosecutors and judges who will be involved in your case, and the prosecutors and judges know and respect us.
  • We take immediate action for our clients to minimize the negative impact of their charges, such as their criminal record or jail time, and increase their chances of success.
  • We handle all aspects of your case, including gathering all relevant evidence, finding any key witnesses, cross-examining witnesses, and preparing all the necessary documentation for your defense.
  • We strengthen our clients’ cases by finding experts who can testify on our clients’ behalf or show the invalidity of the prosecution’s expert testimonies.
  • We offer sound legal advice that can help you avoid saying or doing things that could harm your case.
  • We can help you cope with the range of emotions that you may be experiencing during this challenging time.

FAQs: Florida Criminal Defense

Few things are as overwhelming as an arrest on serious criminal charges, but the right knowledge and support can reduce your anxiety. Getting answers to some common questions defendants in Fort Myers ask is a good first step in finding clarity about your situation.

What should I do if I am arrested in Fort Myers?

After your arrest, remain calm and take the following steps. Exercise your right to remain silent and avoid discussing your case with the police or anyone else without a lawyer present. Clearly state that you want to speak with an attorney and do not give your consent to any searches. While you do not want to worsen your situation by obstructing the police, you are not required to cooperate beyond obeying their lawful orders.

How can a criminal defense lawyer help my case?

An experienced defense attorney can provide invaluable support and guidance in various ways:

  • They can analyze the details of your case to identify strengths and weaknesses, and develop a strong defense strategy.
  • They will thoroughly review the evidence against you, challenge its validity and seek to suppress any unlawfully obtained evidence.
  • They can negotiate with prosecutors to seek reduced charges or penalties, or even a dismissal of your case.

If the case proceeds to trial, a lawyer can represent you in all court proceedings, helping ensure all procedural requirements are met.

Can a criminal defense lawyer help if I plan to plead guilty?

Absolutely. Even if you intend to plead guilty, a criminal defense attorney can be of immense help. They can work out plea deals with the prosecution, potentially lessening charges or penalties, and make sure your rights are upheld during the entire procedure. Additionally, a lawyer can:

  • Advise on plea options: Explain the consequences of pleading guilty and help you understand all available options
  • Mitigation: Present mitigating factors to the court to potentially lessen the severity of your sentence
  • Sentence negotiation: Advocate for a fair and reduced sentence, considering your circumstances and any rehabilitative efforts you have made

Having an experienced criminal defense lawyer by your side can make a significant difference in the outcome of your Florida criminal case. It is essential to seek legal assistance as soon as possible to protect your rights and build a strong defense strategy.

Will I go to jail in Fort Myers?

Whether you will go to jail depends on several factors, including the nature of the offense, prior criminal history and the strength of the prosecution’s case. In Florida, crimes are classified as either misdemeanors or felonies.

  • Misdemeanors: These are less serious offenses that carry a maximum penalty of one year in county jail and/or fines up to $1,000. Many first-time offenders qualify for probation or diversion programs instead of jail.
  • Felonies: These are more serious crimes that can result in over one year in state prison and higher fines.

If you are facing criminal charges in Fort Myers, consult a criminal defense attorney. They can explore plea deals, probation options or defenses to avoid incarceration.

Can I expunge a conviction on my record?

Expunging a conviction is not allowed in Florida. Expungement is reserved for cases where charges were dropped, dismissed or resulted in an acquittal. However, some individuals may qualify for record sealing, which hides the record from public view but allows certain agencies to access it.

To qualify for record sealing, you must meet these conditions:

  • You were not convicted – that is, adjudication was withheld.
  • You have no prior criminal record and have not sealed/expunged another case.
  • The offense is not on Florida’s list of ineligible crimes, such as certain violent or sexual offenses.

To begin the process, you must apply through the Florida Department of Law Enforcement (FDLE) and receive court approval. Because eligibility rules are strict, working with a criminal defense attorney can help determine if you qualify.

What is the difference between a misdemeanor and a felony in Florida?

The main difference between a misdemeanor and a felony is the severity of the crime and the punishment.

  • Misdemeanors: Less serious offenses, punishable by up to one year in county jail and fines up to $1,000. Examples include minor drug possession, shoplifting and trespassing.
  • Felonies: More serious crimes, punishable by more than one year in state prison. Felonies include aggravated assault, burglary and drug trafficking. Certain felonies carry life sentences or even the death penalty.

A felony conviction also carries long-term consequences, such as the loss of voting rights, firearm ownership and challenges in employment or housing. Seeking legal representation is important when facing felony charges.

Contact Aiken & O’Halloran Today

Our Fort Myers criminal defense lawyers are ready to start taking the necessary steps to protect your rights and freedom. For a free initial consultation, please call us at 239-955-6715 or complete our contact form. We represent clients facing serious criminal charges throughout the Fort Myers area.