Internet Sex Crimes Attorney in Albuquerque
Experienced Defense Lawyers Serving Those Accused of Online Sex Crimes in New Mexico
We live in a technological age where you can find nearly anything you might desire online, not all of it good for you or for another person. Internet fraud, Internet theft, child pornography, obscene material, on-line solicitation, luring a minor, and even political crimes all become possible. Contact an experienced
internet sex crime defense lawyer in Albuquerque for professional legal defense if you have been accused or charged with an internet sex crime.
To complicate matters, although authorities can sometimes pinpoint the computer where a crime originated, it is not always possible to ascertain who used a particular computer to commit a particular crime. Computer crimes can be complex and difficult to investigate, so it is imperative that you contact a sex crime defense lawyer in Albuquerque without delay if you’ve been accused.
A Skilled Computer Crimes Lawyer is a Must
If you are facing charges of any type of Internet crime, you will need to have a tech savvy criminal defense attorney with access to computer forensic analysts and other professionals who can assist in developing a defense strategy and, when necessary, provide expert testimony on your behalf. Our Albuquerque defense lawyers at the New Mexico Criminal Offices in Albuquerque have the experience and the resources to successfully represent you against a full range of computer crime allegations. We are prepared to apply the full force of our analytic and creative abilities to preparing a persuasive defense with a view to having charges dropped, winning an acquittal at trial, or working out a plea agreement that is favorable to you and will cause the fewest negative repercussions in your life. We work tirelessly and passionately to ensure that your constitutional rights are respected and that you receive every benefit the law allows in your defense.
Types of Computer Crime Offenses We Handle
At the New Mexico Criminal Law Offices, we defend against a full range of state and federal cyber crimes including white collar crimes, sex crimes, and political crimes. These are some examples:
- Computer hacking
- Cyber bullying
- Electronic harassment
- Cyber fraud
- Internet theft
- Online solicitation and prostitution
- Child pornography
- Receipt of child pornography
- Production of child pornography
- Sexual registration violations
- Online obscenity
- Chat room solicitation of a minor
- Online drug distribution
- Lewd behavior
- Indecent exposure by video stream
- Cyber-based terrorism
Frequently Asked Questions (FAQs)
I was charged with Internet Solicitation to Minors after a “sting operation.” Do I have a defense if the person who I was communicating with was not actually a minor?
No, it is no defense that the person you communicated with was not actually a minor, as long as you believed that this person was a minor.
Will I have to register as a sex offender if I am convicted of soliciting a minor over the Internet for sex?
Yes, if you are over 18. Under New Mexico’s sex offender registration law, you must register within 10 days of your release from incarceration and within 10 days of changing your residence for 10 years, as long as you live, work or study in New Mexico. Failure to properly register is a fourth-degree felony.
What are federal “mandatory minimums”?
Federal mandatory minimums are minimum prison sentences handed out for certain crimes in a federal (rather than state) prosecution. They have been criticized as draconian and unfair. Some examples are:
- Interstate transportation of child porn: Five years
- Distribution of child porn (certain types): 15 years
- Possession of child pornography, second offense: 10 years
Am I “innocent until proven guilty”?
Under the law as it is written, yes. Unfortunately, in actual practice, the opposite principle, “guilty until proven innocent” may apply when you are charged with a child sex offense. Courts and juries are protective of children even at the risk of falsely convicting someone. A good New Mexico criminal lawyer can help ensure a fair trial.
What is the exclusionary rule?
The exclusionary rule states that any evidence that arose from an illegal seizure cannot be used against you in court. Suppose, for example, that a police officer illegally searches your car, finds illegal pornography, uses the pornography to secure a search warrant, searches your home and finds more of it. All of this evidence must be excluded under the exclusionary rule.
How does the presumption of innocence work?
Most crimes are made up of several different elements that define the crime, such as (i) knowingly (ii) possessing (iii) child pornography (three elements). The prosecutor must prove each one of these elements beyond a reasonable doubt to win a conviction. Likewise, to win an acquittal, you must prove reasonable doubt exists with respect to at least one of them.
How do plea bargains work?
A plea bargain is a deal between a defendant and a prosecutor in which the defendant agrees to plead guilty to a lesser charge if the prosecutor will recommend that the judge accepts your plea. Prosecutors agree to this to avoid the time and uncertainty of a trial. The judge usually accepts this recommendation, but is not required to.
Can I win an acquittal by beating the statute of limitations deadline?
Yes, you can. The statute of limitations sets the deadline by which the prosecutor must charge you with a crime, not the deadline for your arrest, however. The deadlines are:
- Two years for a misdemeanor.
- Five years for a fourth-degree felony.
- Five years for a third-degree felony.
- Six years for a second-degree felony.
- No limitation for a first-degree felony.
Accused of an Internet Crime? Get Help Now!
If you’re under investigation or have been arrested and accused of any type of Internet crime, you can’t afford to wait. You need an experienced defense attorney on board from the earliest stages of the process. The penalties for computer crime can be severe; you can spend time in prison, pay hefty fines, lose your civil rights, and have your reputation destroyed. Contact the New Mexico Criminal Law Offices in Albuquerque to speak with an Internet crimes attorney today. We defend clients in both state and federal courts. Do not speak with law enforcement officials or prosecutors without your lawyer present.
Your freedom and your reputation are precious. Fight for everything that matters to you with cutting edge legal representation by the New Mexico Criminal Law Offices.
Your first consultation is free. If you need time to pay your legal fees, the New Mexico Criminal Law Offices will accommodate you with a payment plan that you can afford.