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.
]]>If you accumulate 12 to 16 points, your license could be suspended for two months. Accumulating 17 to 22 points can result in a four-month suspension. Accumulating 23 to 30 points can result in a six-month suspension, and accumulating over 30 points can result in a year-long suspension.
Even minor infractions can cause points to add up
Convictions for different traffic violations can be worth different amounts of demerit points. Serious violations, such as operating under the influence of intoxicants or failure to perform duty after an accident, are each worth 6 demerit points. Less serious infractions, like failure to dim lights or failure to give proper signal, are each worth 3 demerit points.
Other common traffic violations and their associated point values, include:
The demerit points for even minor errors can add up quickly. A few mistakes can risk your driving privileges. This is why it is important to pursue the best possible outcomes for each traffic ticket. Simply paying the fine may not prevent points from accumulating on your record.
]]>At Mays Law Office, LLC, our attorneys are focused on helping injured workers become whole again after suffering a workplace injury. Our law firm understands what is necessary to prove eligibility for workers' compensation benefits; thus, we are prepared to guide our clients in the Middleton area through the process.
Dealing with the aftermath of a workplace injury can be difficult and emotional, especially when one is requiring much medical attention. Our attorneys are sensitive to these matters and will help our clients compile the documentation and evidence necessary to illustrate that they qualify for worker's comp. These benefits can one overcome the financial hardships caused by the inability to work while recovering from a workplace injury.
To learn more, check out our law firm's workplace injuries web page. No matter the severity of the injury or the length of time it will take to recover from it, injured workers should take the time to understand if they qualify for workers' compensation. These benefits can be essential and valuable, as they can be used to offset losses caused by medical bills, rehabilitation, lost wages and other damages.
]]>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.
]]>Not all controlled substances are across-the-board unlawful. To determine if a specific drug is legal, it is important to consult the federal controlled substance schedules found in the Controlled Substance Act of 1970. These will give you an idea of whether the possession of a drug is legal.
First, there are Schedule I drugs. These have no acceptable medical use, are dangerous and have a high propensity for abuse. Some examples include heroin and LSD. Second, there are Schedule II drugs. These have a high propensity for abuse and severe mental or physical dependency. Hydrocodone, OxyContin and Diluadid are examples of Schedule II drugs. While some of these are prescription drugs, possessing them without a lawful prescription is illegal.
Third, there are Schedule III drugs. These are drugs that are less apt than Schedule II drugs to lead to abuse, but could still cause low to moderate physical dependency and high mental dependency. Some examples are Tylenol with Codeine and ketamine. Fourth, there are Schedule IV drugs. These are drugs that do not have as high a potential for abuse as Schedule III drugs and include drugs such as Xanax and Valium. Again, if a person possesses a Schedule III drug or Schedule IV drug without a lawful prescription, they could face drug charges. Finally, there are Schedule V drugs, which contain small amounts of narcotics, such as cough medicine with codeine in it.
So, even possessing cough syrup can be considered possession of a controlled substance if not lawfully purchased. This may seem harsh, but it serves as an example of the far reach of federal drug offenses. Those who believe they have been charged with a drug crime but were legally in possession of the drug at issue will want to take the steps necessary to develop a solid defense strategy.
]]>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.
]]>Still, there are times when a motorist will be pulled over, given a breath test, and then be issued a citation for operating under the influence. It is important to note that Wisconsin is the only state in the U.S. where a first-time OWI is not a criminal offense. However, a proposal is being made that would change that.
Changing this law, however, is not without its financial hurdles. Per budget estimates, if first-time OWI offenses were made criminal offenses, it would cost the state over $13 million annually. $5 million of that amount would go to increasing the number of judges needed to process these cases and $3 million of that amount would go to increasing the number of prosecutors needed to process these cases.
While some counties see the change as necessary for public safety, other counties state that there simply isn't enough money to implement these changes. One State Representative believes that making first-time OWIs criminal offenses would be a deterrent, and thus the projected estimates for instituting such changes will not be as high as they have been calculated to be.
It is important to keep track of any changes in OWI law in Wisconsin. Those with questions can seek the guidance of those with experience in drunk driving defense. These professionals understand these issues and may be a useful resource.
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