Legal Question in Civil Rights Law in Michigan
Sex offenders via internet
My brother was recently arrested for having an internet chat room conversation with an officer posing as a minor in macomb county. He was treated as any other sex offender without even making contact or rendevous. He faces 20 years if convicted- for having a conversation. Are there any laws to protect these innocent chat room users from being entrapped or tricked? Are there any internet privacy protection laws in existence anymore? (post-patriot act)
3 Answers from Attorneys
Re: Sex offenders via internet
After 27 years of practicing law, I have found that there are nuances to every case that must be evaluated before rendering an opinion. Your brother has serious problems so I would suggest getting a good attorney. Give me a call at 248-353-9400. My associate and myself practice in this area. William S. Stern 248-353-9400
Re: Sex offenders via internet
Your brother may not be entirely candid with you about the circumstances of his arrest. When the Macomb Area Computer Enforcement team makes an arrest, it is when an officer, posing as an under 16 (usually 14) year old in a chat room, lures a suspect with the promise of sex into a meeting. All the suspect has to do is show up at the meeting place and he is arrested. MACE personnel are carefully trained so that entrapment is almost never effective as a defense. The unknowing suspect makes the offer for sex under the assumption that the intended "victim" is a minor. All of these chat room dialogues are retrieved by search warrant before the arrest is made.
Even though the crime carries a 20 year maximum, if your brother has no prior sex offenses, he is looking at a real maximum of 18 months under normal circumstances..
My last client charged with this offense (there are actually 2 charges) received 12 months - 6 months in jail and 6 months on teather.
If you need any help in this area, you can call me.
Re: Sex offenders via internet
I do not practice criminal law and thus do not have the answers for you. But just to state the obvious, this is a very serious matter and your brother needs as good a criminal defense attorney as he can get, not general advise from a site such as this one. (And should avoid using a public defender if he can afford a good attorney.)
If he has problems regarding what he is accused of, then please help him to seek help too.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
17804 St. Lucia Isle Drive
Tampa, FL 33647
813.986.7580
(f) 813.986.7489
(Admitted in Fl., MD, D.C., and Pa.)
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
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