TELEPHONES ANSWERED 24 HOURS A DAY
FREE CONSULTATION
312-629-0669
Recent Blog Posts
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;
What You Need to Know About Civil Asset Forfeiture
Civil asset forfeiture is a mechanism federal law enforcement officials use to seize the property and possessions of people they come into contact with if they believe that the property is involved in criminal activity.
Authorities justify using this mechanism because they argue that a person is not entitled to profits from criminal activity. In reality, this process is used in a much broader manner. In fact, civil asset forfeiture can be utilized even when no one is charged or convicted of a federal crime.
How Common Is Civil Asset Forfeiture?
According to the ACLU, approximately $40 million annually in cash, automobiles and even homes is taken from Illinois residents through civil asset forfeiture. Civil asset forfeitures are expected to be on the rise. In July 2017, Attorney General Jeff Sessions stated that under his leadership, federal authorities will aim to increase civil forfeitures:
Do I Need a Lawyer If I Am Pleading Guilty?
If you have been charged with a federal crime, you may wonder what options you have. You may also have already decided that you wish to plead guilty.
There are many reasons why people choose to plead guilty. Maybe you feel like the evidence paints an open and shut case against you. Maybe you believe that you will get a lesser sentence if you plead guilty and avoid trial. Whatever your reasons, pleading guilty is a choice only you can make, and an attorney can help you in that decision-making process.
Some people believe that one benefit of pleading guilty is that they will not need to retain counsel. This, however, is a misconception, and failing to hire an attorney is likely a mistake.
Here are four ways an Illinois federal criminal attorney can help you in pleading guilty.
Determine if the plea is fair. An attorney will examine the evidence the government has against you and assess if there is enough to find you guilty of the crime. Often the state does not have enough evidence, especially early in the case. It may be possible that they have enough evidence to convict you of a lesser crime, however. In these cases, an attorney can tell you what an appropriate charge to plead guilty to would be. Negotiate a better plea deal. Besides evaluating the strength of the case against you, an attorney may be able to get you a better sentence or punishment. Federal criminal defense attorneys see what other defendants who have pled guilty have received. Ask for a diversion program. It may be possible that your charges are eligible for diversion programs. There are often creative sentencing or punishment options available, but the government or a court must be asked for these options. Advise you on your plea. There are different types of guilty pleas, and you can reserve certain issues as part of your plea. This can make a big difference as to your options on appeal, for example.Contact a Chicago, IL Criminal Defense Attorney
Preparing to Meet with a Criminal Defense Attorney
If you have been charged with a federal crime - or even if you believe you are suspected of a crime -- your next step should be to meet with an Illinois criminal attorney. Your attorney is your advocate in court, so you will want your first meeting to be productive and set the right tone for the entire attorney-client relationship.
Preparing for your initial meeting with an attorney will not only set you up for success, but it could also help you minimize costs. Here are five things you can gather to prepare for your first criminal attorney meeting:
- Your personal information. You may be asked for your contact information, birth date, employment information, and next of kin information. Depending on the type of case, your attorney may also need your driver’s license number, license plate number and Social Security number.
- A narrative of what happened. Writing down your recollection of the events leading up to the situation is a critical step in the preparation of your case with your attorney. You do not have to state if you committed any crimes. Think about how you would explain what happened to someone who had no knowledge of the situation. You should be as detailed as possible. You may not need to show this document to your attorney, but getting your thoughts organized will help you.
Things that Must be Proven in a Wire Fraud Case
Wire fraud is a commonly charged federal crime. Because of the way the law is written, it can encompass a wide range of illegal acts. Wire fraud is the act of using a device that sends information interstate in an attempt to defraud. Typically, a cell phone, telephone or computer is used.
As you can see, many different scenarios could be considered wire fraud so long as there was communication to defraud that took place over state lines. Wire fraud is related to mail fraud, which involves fraud by using the mail system.
Even though wire fraud can encompass a number of situations, the law is clear on what needs to be proven in order for the U.S. government to get a conviction. Failure to prove all the elements means you will not get convicted or that your conviction will be reversed on appeal. Thus, it is crucial to understand what needs to be proven.
The four elements of a wire fraud case are:
134 N LaSalle St, Suite 860,
Chicago, IL 60602
TELEPHONES ANSWERED
24 HOURS A DAY
312-629-0669
Chicago Criminal Defense Attorney134 N LaSalle St, Suite 860,
Chicago, IL 60602312-629-0669
Contact Our Firm
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
