Additionally, law enforcement officers sometimes overstep their bounds. At Conaway and Strickler, P.C., we make it our mission to ensure that our clients' rights are protected. One of the ways we do this is by performing our own investigations.
There is an old saying it goes something along the lines of "what is good for one is good for the other." We make a point of employing equal or superior techniques to state and federal agencies during our own examinations of the facts. We see this as the minimum requirement for a successful case.
Investigations are important because, by the time online stalking, child pornography, cyber warfare or other cybercrime arrests happen, the state usually already has a significant head start. Many arrests are the result of extended surveillance and investigation.
We believe that the court deserves to know exactly how any evidence was gathered and if those methods put our clients' rights in danger. Investigations often risk heading into gray areas of civil rights and criminal law by misleading people or collecting evidence in unconventional manners.
Your arrest would be a serious wake-up call, but you should think twice if anyone tells you that it is the end of the road. Police officers, federal investigators and state attorneys often provide a pessimistic perspective that suits their goals: getting you the maximum penalty available. Only a thorough review of all the evidence — not someone's biased prediction — will provide a realistic outlook.
Cybercrime charges are serious, but you should not let them intimidate you. Get the facts first. For more information, please continue reading on our main website.
]]>Indeed, according to the Cornell Law School, destroying a mailbox is a federal offense that is punishable by either fines or imprisonment of up to three years (or a combination of both). Per the US Postal Service, the fines associated with this defense can be up to $250,000. Not only is damaging, defacing or destroying a mailbox punishable under this statute, but so too is entering or breaking open a mailbox (that is not yours) to gain access to others' mail.
You have probably seen or heard of stories of rowdy teens or young adults hitting mailboxes with baseball bats or putting firecrackers inside of them. You likely dismiss these as childish pranks, yet the damage that they cause and the impact that such an act can have is very real. Thus, it is not an acceptable defense to a charge of destroying a mailbox that you or someone you know was simply trying to play a joke.
Gaining entry to another's mailbox presents more of a grey area, however. If, say, you believed you had another's permission to get their mail, then it could be argued that there was no intent to damage or defraud. More information on answering to alleged federal crimes like damaging a mailbox can be found here on our site.
]]>Unfortunately, your reputation infiltrates many components of your life, especially important ones where family, friends, potential coworkers and other professionals are tasked with making a decision about whether or not you can be trusted to perform a certain way. Rebuilding the way people think of you is critical to your being able to grow and maintain relationships. According to Entrepreneur, you have the potential to prevent your involvement in crime from destroying your reputation entirely, but only if you begin making amends right away. One thing you should begin doing is setting realistic goals of how you will overcome your mistakes and fix the way people see you.
Depending on the crime you were involved in, you may be required to pay legal consequences including fines or jail time. Being timely and responsible in the way you pay your dues is critical to your ability to begin recovering from your mistakes right away. The more willing you are to take responsibility for what you have done and refrain from placing blame on anyone else, you can show that you are serious about making a change.
The information in this article is intended for educational purposes only and should not be taken as legal advice.
]]>FindLaw discusses how teenagers, especially, participate in producing, possessing and distributing child pornography without even realizing it. Both teenage girls and boys take selfies of a sexual nature and send it to their boyfriend/girlfriend. This, in and of itself, in many states constitutes child pornography. If the receiver of the picture then forwards it on to others, this can become an even bigger issue. Once a sexually explicit picture passes state or international borders, it becomes a federal offense. Every person who is in possession of the selfie can potentially face charges for child pornography.
Some may argue that purposely taking a naked photo of oneself and sending it to someone else is anyone's right and it falls under the First Amendment. However, the United States Department of Justice reports that there is not protection regarding child pornography images and that they are illegal. In contrast to what some may believe, child pornography pictures do not have to depict a minor participating in sexual activity or acting against his or her will.
The United States takes cases of child pornography seriously, and convicted offenders can face numerous consequences such as mandatory prison time and fines. This is in addition to any possible state convictions. Due to the severity of the crime, children and minors need to think twice before taking an incriminating selfie and sending it to someone else.
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If you are under investigation for a cybercrime, you should know that the prosecution will be aggressive and the penalties harsh.
A little history
The first federal case of cyber harassment came to court in 2004. The man accused reached a plea agreement and pleaded guilty to two of 26 counts of internet violations. These included sending harassing and threatening emails to his former girlfriend.
Investigation led to indictment
The discovery of evidence occurred through an investigation by a joint cybercrime task force that included, among other departments and agencies, the FBI, the IRS and the United States Secret Service, leading to the 2004 indictment.
Most likely targets
According to Pew research, internet users between the ages of 18 and 29 are the most likely targets of online harassment. Men receive most of the online physical threats while women often receive sexual harassment and cyberstalking messages, both through emails and on social media sites. Half of the people who experience online attacks say they do not know who is behind it. Anyone involved in carrying out some form of cybercrime usually feels confident in his or her anonymity.
The cyber units working today
Cybercrime continues to grow. It has become much more sophisticated over the years. Like the agencies that joined forces to pursue the perpetrator in the 2004 case, cyber units exist today, using tactics equally sophisticated to track down people engaged in some form of online criminal activity, from harassment to computer hacking. The FBI is the federal agency that leads investigations, perhaps like the one you have become aware of. This is your cue to explore your legal options. Your next stop may be federal court, where aggressive prosecution is the order of the day. It will be important for you to have an equally aggressive defense against the cybercrime charges coming your way.
]]>When people make active efforts to inform their children of the dangers of drugs before they are ever introduced to them, it can make a considerable difference in how they respond if they are faced with a situation where they are offered to partake in drug use of some kind. According to KidsHealth, one way that parents can discuss the dangers of drugs with their children is by discussing how significantly drug use can affect the growth, response and function of a person's brain.
Particularly in young people, drug use can have a long-term impression on their mental health and stability. Parents can also share how these decisions may impose a threat to other parts of the body, detract from their child's ability to focus in school or sports and their child's ability to maintain healthy relationships with other people.
Drugabuse.com informs people of some of the serious consequences of using drugs including the possibility of time spent behind bars or in some other form of legal confinement. Heavy fines may also be required and notification about a person's drug use will be added to their record which could affect their possibility of being trusted for things like owning a firearm, being granted funds for college, the chance to vote and the ability to get a job.
]]>According to USA.gov, the most typical types of identity theft are medical ID, tax ID and social ID theft. With medical, someone uses another person's health insurance or Medicare number to get medical care. Thieves steal social security numbers for multiple reasons, but a common one is to file tax returns in a false manner. In social identity theft, thieves use someone else's name and pictures to set up fake social media accounts.
The two most vulnerable age groups to ID theft are seniors and children. There are numerous ways someone can prevent being a victim of identity theft. These include:
The Federal Trade Commission recommends also contacting credit reporting agencies to freeze credit files for no charge. This restricts others from accessing the credit report for reasons such as opening a new account. There are also active duty alerts for deployed service members.
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Tax evasion is an example of a federal crime that can leave you facing serious legal consequences for failing to properly file and claim your taxes with the IRS. While seemingly insignificant, your decision to avoid paying your taxes can actually have detrimental consequences. According to Financial Web, if you miscalculate your taxes or fudge numbers in your favor and what you are reporting cannot be effectively backed by supporting receipts, you could be accused of tax fraud or evasion. For this reason, it is critical that you double-check your work if you are filing your own taxes, and even compare your records with the paperwork you have received if you had your taxes filed by a professional.
If you have deliberately refrained from paying your taxes, you could be fined anywhere from $100,000, to $25,000 for every year that you were delinquent on your taxes. Additionally, depending on the length or severity of your crimes, you could be sentenced to serve time in prison.
When you are aware of the consequences of being accused with tax evasion, you may have a better idea of how to proceed to minimize the effects of the consequences you are facing on your long-term financial health. For more information about tax crimes, visit our web page.
]]>According to the United States Postal Service, mail fraud is any kind of fraud that uses the mail. It does not matter whether it begins on the telephone, online or through the mail. Once any part of the commission of a crime goes through the mail system it is considered a federal offense known as mail fraud. The most common categories of mail fraud are financial, employment, telemarketing, sweepstakes, telemarketing and fraud against veterans or the elderly.
In fact, The New York Times reported that mail fraud charges were included in a list of criminal charges in the recent college bribery admissions scandal involving actresses Lori Loughlin and Felicity Huffman. Fifty people were charged with various crimes in this complicated criminality. In addition to the television stars, others implicated were college consultants, parents and college athletic coaches. Although the sheer sum of money made bribery appear to be the most important aspect of the scandal, the list of criminal charges included conspiracy to commit mail fraud and honest services mail fraud.
Even though sending something through the mail may not seem like a big deal, if it is in any way part of a crime then there is a good chance that charges for mail fraud will be added to the indictment. Since this is a federal crime, it must be taken very seriously.
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