Posted On: March 18, 2010

Internet Sex Addiction Can Lead to Federal Criminal Charges

Four Dangers of Internet Sex Addiction

Internet sex addiction is a vastly under reported problem in the American population. With more and more people logging onto online fantasy sites, chat rooms, forums, and other pornographic arenas every day, psychotherapists and criminal defense attorneys alike are seeing a huge increase in the number of people who have become dysfunctional as a result of their addiction to cyber sex. Below, we review four common dangers.

1. Internet sex addiction drains your money and your time.

Compulsive addicts spend hundreds (sometimes even thousands) of dollars a month on things like paid live chats or paid scripted fantasies (paying online porn stars to act out a specific, highly elaborate personal fantasy). Probably, however, the biggest money wasting aspect of internet sex addiction comes from productivity drain. People who spend hours a day online looking at pornography instead of doing work can lose their jobs and see their income streams shrink. Also, the time they spend online takes away from time they could be using to pay bills, participate in networking activities, and look for work.

2. Internet sex addictions can destroy good relationships.

How many marriages have fallen victim to internet sex addiction? How many people have become isolated because they escape into web-based fantasies as opposed to confronting their real life vulnerabilities? How many otherwise healthy sexual relationships have gotten deformed or thrown off track when one (or even both) partners get sucked into online sex fantasy?

3. Online sex addictions have a way of sharpening so-called “paraphilias.”

A paraphilia is a strange or abnormal sexual fixation, like a fetish. Individuals develop paraphilias as children or adolescents. They often find like-minded communities online. By searching out pornographic sites that cater their paraphilias, these people can experience a warping of perspective. Taken to an extreme, this can prevent them from forming healthy relationships and having gratifying encounters with real people.

4. Internet sex addiction can lead to crimes.

The internet is by and large an anonymous environment, one in which you can operate for free, and one in which you have literally millions of potential sexual partners. It is also an arena in which it is easy even for normally law-abiding citizens to cross the line and do illegal acts. For instance, a classic example is a man who looks at pornography and ends up downloading pictures of underage women. He may not have even known a picture was of an underage woman, but he nevertheless violated the law. Also, the pain of the consequences of internet sex addiction itself can drive people to do dumb or dangerous or aggressive things that can get them in trouble.

What should you do if your internet sex addiction has gotten you a visit from the FBI?

A knowledgeable attorney who has experience dealing with internet sex addiction crimes can provide a free and confidential consultation about your rights and obligations. Given how much is at stake for you and your family, it’s never too early to consult a lawyer, especially when you are facing Federal charges relating to obscenity on the internet or child pornography.

Posted On: March 12, 2010

What it Means in Texas to Be Board Certified In Criminal Law

What does it mean to be Board Certified in Criminal Law by the State Bar of Texas?

In a word, it means an attorney is credentialed.

The Supreme Court of Texas created the Texas Board of Legal Specialization under its aegis. The Board, whose members are appointed by the President of the Texas State Bar, administers the certification program. If you want more information about the Board, you can call 800-204-2222 or 512-463-1454.

Requirements of Certification

An attorney must fulfill the following requirements to be Board Certified in Criminal Law:

• Demonstrate detailed knowledge of Texas and federal constitutional law as well as penal laws and evidence and procedural rules, by passing a full day written examination.
• Pass a rigorous peer review by fellow lawyers and judges
• Have practiced criminal law, specifically, for 3+ years
• Have handled a large array of criminal cases
• Keep up with continuing legal education by attending over 30 hours of seminars or other
approved courses in order to stay current in the specialty.

How long does the certification last?

The first time you get certified, it is valid for five years. But each attorney must reapply to be recertified every five years. This means maintaining educational requirements, practicing law, and passing rigorous peer review from other lawyers and judges.

How can you tell whether an attorney has been Board Certified to practice Criminal Law in Texas?

Only attorneys who have gone through the rigorous training and testing are allowed to advertise that they have been Board Certified in Criminal Law by the Texas Board of Legal Specialization.

Can a non-Board Certified lawyer handle your case?

Of course. However, given the stakes you face – and the potential punishments you might endure if you are convicted, which can include jail time, huge fines, strict probation terms, and a loss of other privileges – it generally behooves a defendant to work with someone who has demonstrated proficiency in the law. A credentialed attorney who understands the law both in theory and in practice -- and who has won the approval not just of judges but also of his or legal peers -- will generally insure that you have hired a criminal lawyer who is highly capable of developing an intuitive, innovative defense for you.

Posted On: March 12, 2010

Six Things Not to Do if Accused of a Federal Crime in Texas

Six Things Not to Do If You’ve Been Accused of a Federal Crime

1. Try to convince the arresting office that you’re innocent.

In the heat of the moment, you may think you can get a police officer to “be on your side.” But the more you talk, the more potential damage you can do to your case. You may inadvertently say something that can later be held against you. Even innocent admissions may come back to haunt you. Also, you are not going to be able to convince the officer to “let you go.” Remember your Miranda rights: “you have the right to remain silent” and “anything you may say may be used against you.” Take these rights to heart.

2. Resist, yell at, argue with, or run away from local police or Federal Agents

Assaulting a police officer or resisting arrest can lead to criminal charges -- even if you’re innocent of what you’re being arrested for. Bumping or pushing a police officer can get a simple misdemeanor charge jacked up to a felony charge, which is much more serious. Running away is also a big no-no. First of all, there’s almost no chance you would escape. (And what would you do next if you did?) Second, the police might use extreme measures -- including weapons -- to bring you under control. And do nottell the officer that he does not have probable cause for the search!

3. Allow the police to consensually search your automobile or home

Without a warrant or probable cause, officers in general may not conduct searches without your consent. It is your constitutional right to refuse a search of your home or automobile by Federal agents or local or state police officers. Whether or not you have something to hide is irrelevant.

4. Ignore court orders.

Fail to show up to a scheduled hearing or act inappropriately at court, and you can be held in contempt. Your defense can get much more difficult.

So dress well for court appointments, show up on time, and in general be composed about what you say and how you handle yourself. Simple acts of courtesy can make a more substantial difference than most people realize.

5. Be satisfied with a public Defender - or choose to defend yourself.

When you stand accused of a federal crime, knowledge is power. If you do not understand the federal criminal system and its rules, you can easily make errors that can cost you dearly. An experienced, credentialed, and strategically focused attorney can help you navigate the criminal justice system to good effect. Furthermore, an attorney of your choice is going to pay a lot more attention to you and your case.

6. Rush to make a decision about who should represent you.

Most people who stand accused of federal crimes want to get legal help right away -- as well they should. But in their zeal to find an attorney, clients often choose inappropriate counsel. Ideally, you want someone who has lot of experience with federal cases, someone who has successfully handled cases like yours in the past, and someone with whom you have a good rapport.

I represent people charged with Federal Crimes, and have been doing so for many years. What I have told you is a result of the mistakes made by others. I hope you are able to learn from their mistakes instead of from your own.

Posted On: March 12, 2010

United States Sentencing Commission Might Be Important to Your Case

What Is the United States Sentencing Commission?
Why Might It Be Important To Your Case?

The United States Sentencing Commission (USSC) is an independently operated judicial agency that does several things:

1. It sets sentencing policies for federal criminal offenders.
2. It advises lawmakers about effective anticrime policy.
3. It collects and processes information about federal crimes and sentencing and serves as a general resource.

The Commission creates what are known as sentencing guidelines. Federal judges must consult these guidelines when determining sentencing.

Congress created the Commission as part of the 1984 Comprehensive Crime Control Act to make sure that sentencing for federal crimes would be more structured and fair.

How the Guidelines Work

The guidelines are designed to take into consideration two key questions:

1. How serious was the crime committed?
2. What kind of criminal record (if any) does the defendant have?

Federal crimes are categorized into one of 43 categories, also known “offense levels.” Defendants are also categorized according to their criminal history into six categories.

The United States Sentencing Commission advises judges to use these categories to determine appropriate sentencing. Judges have discretion and may depart from the recommended guidelines, but they must at least consult them.

What should you do if you’ve been accused of a federal crime?

Find a lawyer with years of experience in Federal Courts who knows the guidelines and how they are applied by the particular Federal Judge in the U.S. District Court before whom you are going to appear.