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Social Media and Criminal Charges
Once you post something on social media, you need to assume that the police or prosecutors can find it and use it against you during a criminal trial. Over the years, law enforcement has become very savvy in the ways they can find and access your social media posts as well as how they are used in court.
It is advisable that you tighten your privacy settings and review anyone who can see your profile. Even doing this, however, you should not expect that you have any control over the material once you post or upload it to a social media site. Such material can be shared or reposted and “go viral,” especially if the material appears to portray a crime taking place or other outrageous conduct.
Here are four ways a prosecutor may attempt to use material found on social media:
Placing You at the Scene
Social media posts of photos can place you at the scene or vicinity of the crime on the time and day in question. Some social media posts also tag your location automatically, and other sites allow you to “check-in” to a business, thereby keeping a record of your whereabouts.
Hoax Threats Can Lead to Serious Criminal Charges
With the simple click of a button, one can commit a federal crime by making a baseless threat to a school or other public space. The FBI reports that hoax threats have seen a recent uptick in frequency. Most hoax threats a type of internet crime as they are made through text messages, by email, or on social media.
The FBI believes that these hoax threats are incited by major recent tragedies like school shootings. According to the FBI, these threats are fully investigated when the FBI learns of them. It cautions that hoax threats are not funny and can have immensely negative consequences for all involved.
Hoax threats are considered to be a federal crime because they often utilize interstate communication. People who post or send such threats may receive five years in prison. Perpetrators can also face state or local charges.
Hoax threats are often carried out by young people who do not fully understand the ramifications of their actions. Also, because making a hoax threat can be done quickly and with little effort, there is not much time to self-reflect and back out of committing this crime. Indeed, it is unfortunate that a young person could start out their adult life with a felony conviction for such a serious crime.
Drug Arrests Skyrocket as Opioid Addiction Takes Hold
Addiction has always been a factor in many cases in the criminal justice system. Approximately 65 percent of those in jail are known to have a substance use disorder.
However, the opioid epidemic has created higher stakes due to the dangerousness of the drug and the potential for relapse once someone is no longer incarcerated. A new study shows just how many people addicted to opioids end up with drug charges or unrelated criminal charges.
About the Opioid Epidemic
The statistics about what a deep hold opioid addiction has on the United States is alarming. Perhaps the driving factor behind the epidemic is the increase in prescription painkillers. The United States has seen the number of opioid prescriptions triple from 1991 to 2011. In 2011, there were 219 millions prescriptions for opioids written in this country.
It is telling that this country comprises about 5 percent of the world’s population and consumes about 80 percent of the supply of these painkilling drugs. In 2012, 12 states had more opioid prescriptions than residents: Alabama (142.9 per 100 people), Tennessee (142.8), West Virginia (137.6), Kentucky (128.4), Oklahoma (127.8), Mississippi (120.3), Louisiana (118), Arkansas (115.8), Indiana (109.1), Michigan (107), South Carolina (101.8) and Ohio (100.1).
Do I Have to Let Police in My Home Without a Warrant?
If you answer a knock at the door of your home, and a police officer or other law enforcement agent is on your front steps, do you know your rights? Over the years, we have seen many people expose themselves to criminal liability by not requiring law enforcement to present a warrant before allowing entry.
The Fourth Amendment Protects Citizens from Police Searches
The Fourth Amendment to the U.S. Constitution has been interpreted to mean that searches and seizures inside a home without a warrant are presumptively unreasonable. This means that a court will likely throw out any search of a home without a warrant as it violates the Fourth Amendment.
There are exceptions to this. One exception is if the occupant of the home gives consent for police to enter and search. If the police ask you if they can search, you do not have to say yes.
Other exceptions include if the police have “exigent circumstances,” which means that police believe that they must enter the home to prevent physical harm to others, the destruction of evidence or the escape of a suspect. In these situations, the police do not need a warrant before entering a home.
What You Need to Know If You Have Been Caught in an Internet Sex Sting
Online solicitation of a minor is a crime that is aggressively tried by federal prosecutors. If you are convicted, you could face many years in prison. You also may be facing personal consequences like marriage difficulties and social ostracization.
For these reasons, you need to retain counsel that will take any and all steps to investigate your case and what evidence the government has implicating you in the crime. This will likely involve having the computer and other hardware seized by the government cloned so that the defense attorney and defense forensic experts can review the data.
Online solicitation of a minor is a federal crime set forth in 18 U.S. Code § 2422. That section states that using the internet to knowingly persuade, induce, entice or coerce any minor to engage in any unlawful sexual activity or to attempt to do so is illegal.
It is important to note the contours of this law. An accused does not have to have sex with a minor in order to be convicted. Furthermore, the person contacted does not actually have to be a minor for a conviction to result. In many cases, the person contacted is a government officer operating a sting and pretending to be a younger teenager.
Supreme Court: Warrant Required for Cell Phone Location Data
The Supreme Court recently handed down a decision that has been considered a win for those accused of crimes. In Carpenter v. United States, the high court ruled that in order for a government entity such as the police to get cell phone location records a warrant is required in most cases.
Prior to this ruling, the government could review any citizen’s cell phone location records simply by stating to the cell phone carrier that the information was needed for an investigation.
The information at issue is data kept by cell phone companies that can prove where the cell phone was at any given time. Phone companies can tell where a cell phone is by using GPS data or cell site location information (CSLI). CSLI can only record the general area a cell phone is in based on which cell towers are being used by the phone.
The decision in Carpenter is closely related to the Supreme Court’s decision in Riley v. California. In that case, the court held that the search of a cell phone without a warrant is generally unconstitutional. The court noted that cell phones can hold large amounts of data and are thus different from landline phones.
Harsh Penalties for Child Pornography Convictions
It is surprising but true: child pornography sentences are longer than sex contact crimes perpetrated against minors such as rape or molestation. This holds true whether the convictions take place in state or federal court.
Experts believe that this differential can be attributed to the type of evidence presented at child porn and sex contact crime trials. In sex contact crimes trials, testimony is often a key component of the government’s case. Testimony can often be conflicting between witnesses. This is especially true where children are witnesses. There is often also difficulty gathering physical evidence in sex contact crimes.
In contrast, child pornography cases typically involve firmer evidence. Child pornography possession is essentially a strict liability crime; if a person is found to be in possession of the contraband, he or she will likely be convicted. The physical evidence is often on a computer or other piece of technology. There is usually no “he said, she said” testimony.
Understanding Sex Offender Registration Requirements
If you are convicted of a sex offense, you will likely have to register as a sex offender. Typically, on must remain registered for a minimum of ten years. Some convictions carry a lifetime registration requirement.
As a sex offender, you are prohibited from living or being present at certain locations, like in the vicinity of school and parks, and you must continually update your personal information as it changes. These requirements can become taxing over time. Failure to adhere to sex offender registration rules can result in additional charges and sentences.
Registration Requirements
A convicted sex offender must update their registration in each jurisdiction that they:
- Reside;
- Are employed; or
- Attend school.
A sex offender is required to update his or her information within three days from when it changes. Registration is done with the police of the jurisdiction in which the offender needs to register.
Possible Sentences for Child Pornography Charges
If you are suspected of or have been charged with child pornography possession or related crime, you may be wondering what possible sentences you will receive if you are convicted or plead guilty to child pornography charges.
It is important to understand what is on the line for your life and your family’s life if you are facing these types of charges. One thing to keep in mind is that federal child pornography sentences often include registering as a sex offender, which carries with it additional costs and requirements.
Child Pornography Sentences Keep Getting Longer
Over the past 20 years, child pornography sentences have lengthened overall. In 1997, federal child pornography convictions carried an average sentence of 20.59 months. By 2010, the average sentence had increased 500 percent to 118 months.
In addition, the number of federal convictions has ballooned as well, rising from a few dozen each year in the 1990s to 1,886 cases in 2010. It is interesting to note that the vast majority of those convicted and sentenced in 2010 of a federal child pornography crime had no prior criminal record.
Types of Federal Child Pornography Crimes
The general term “federal child pornography charges” can refer to several different crimes based on the facts and circumstances of a case. These crimes are closely related, and you can be charged with multiple offenses at the same time.
Our firm treats those accused of federal child pornography charges with professionalism and dignity. We believe that everyone is entitled to a defense and to legal counsel that will argue zealously for your in court.
What Is Child Pornography and Related Offenses?
Child pornography is defined as any visual depiction of sexually explicit conduct involving someone under 18 years old.
Child pornography offenses include:
- Possession of child pornography;
- Production of child pornography;
- Distribution of child pornography;
- Receipt of child pornography;
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